The State traffic laws regulating the speed of vehicles shall
be applicable upon all streets within the City, except that the City
may by ordinance declare and determine upon the basis of engineering
and traffic investigation that certain speed regulations shall be
applicable upon specified streets or in certain areas, in which event
it shall be unlawful for any person to drive a vehicle at a speed
in excess of any speed so declared when signs are in place giving
notice thereof.
The City Traffic Engineer is authorized to regulate the timing
of traffic signals so as to permit the movement of traffic in an orderly
and safe manner at speeds slightly at variance from the speeds otherwise
applicable within the district or at intersections and shall erect
appropriate signs giving notice thereof.
[R.O. 2004 Sch. V; CC 1990 Sch. V]
Except where otherwise provided by signs erected pursuant to
duly passed and approved ordinances, no person shall operate a vehicle
on any street in the City in excess of twenty (20) miles per hour.
No person shall drive a motor vehicle at such a slow speed as
to impede or block the normal and reasonable movement of traffic,
except when reduced speed is necessary for safe operation or in compliance
with law. Peace Officers may enforce the provisions of this Section
by directions to drivers, and in the event of apparent willful disobedience
to this provision and refusal to comply with direction of an officer
in accordance herewith, the continued slow operation by a driver is
an ordinance violation.
No person shall operate a motor vehicle upon those portions
of the roadways which are set forth and described in Schedule V at
a rate of speed in excess of that speed limit set for such portions
of the roadways by said Schedule.
[Ord. No. 1105 §1, 5-1-2006; Ord. No. 1176 §§1 — 2, 8-28-2008]
A.
As
used in this Section, the term "travel safe zone" means any area upon or around any highway, as defined in Section 300.010 of this Code or as defined in Section 302.010, RSMo., which is visibly marked by the Department of Transportation; and when a highway safety analysis demonstrates fatal or disabling motor vehicle crashes exceed a predicted safety performance level for comparable roadways as determined by the Department of Transportation.
B.
Upon a conviction or a plea of guilty by any person for a moving violation as defined in Section 320.010 of this Code, or as defined in Section 302.010, RSMo., or any offense listed in Section 302.302, RSMo., the court shall double the amount of fine authorized to be imposed by law, if the moving violation or offense occurred within a travel safe zone.
C.
Upon a conviction or plea of guilty by any person for a speeding violation under Section 320.010 of this Code or as defined in Section 304.009 or 304.010, RSMo., the court shall double the amount of fine authorized by law, if the violation occurred within a travel safe zone.
D.
The penalty authorized under Subsections (B) and (C) of this Section shall only be assessed by the court if the Department of Transportation has erected signs upon or around a travel safe zone which are clearly visible from the highway and which state substantially the following message: "Travel Safe Zone — Fines Doubled".
E.
This
Section shall not be construed to enhance the assessment of court
costs.
[Ord. No. 1176 §2, 8-28-2008]
As used in Sections 320.080 and 320.090 of the Pevely Municipal Code, the term "construction zone" or "work
zone" means any area upon or around any highway as defined in Section 300.010 of this Code or as defined in Section 302.010, RSMo., which is visibly marked by the Department of Transportation or a contractor or subcontractor performing work for the Department of Transportation as an area where construction, maintenance, incident removal or other work is temporarily occurring. The term "work zone" or "construction zone" also includes the lanes of highway leading up to the area upon which an activity described in this Section is being performed, beginning at the point where appropriate signs or traffic control devices are posted or placed. The terms "worker" or "highway worker", as used in Sections 320.080 and 320.090, shall mean any person that is working in a construction zone or work zone, or any employee of the Department of Transportation that is performing duties under the department's motorist assist program on a State highway or the right-of-way of a State highway.
[Ord. No. 1176 §2, 8-28-2008]
A.
Upon
the first (1st) conviction or plea of guilty under this Section by
any person for a moving violation as defined in Section 302.010, RSMo.,
or any offense listed in Section 302.302, RSMo., or any moving violation
as defined in the Pevely City Code, the court shall assess a fine
of thirty-five dollars ($35.00) in addition to any other fine authorized
to be imposed by law, if the offense occurred within a construction
zone or a work zone. Upon a second (2nd) or subsequent such conviction
or plea of guilty under this Section, the court shall assess a fine
of seventy-five dollars ($75.00) in addition to any other fine authorized
to be imposed by law.
B.
Upon the first (1st) conviction or plea of guilty by any person for a speeding violation under Section 320.050 of the Municipal Code of the City of Pevely or a passing violation under Subsection (D) of this Section, the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law if the offense occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any highway worker in such zone. Upon a second (2nd) or subsequent such conviction or plea of guilty, the court shall assess a fine of three hundred dollars ($300.00) in addition to any other fine authorized by law. However, no person assessed an additional fine under this Subsection shall also be assessed an additional fine under Subsection (A) of this Section, and no person shall be assessed an additional fine under this Subsection if no signs have been posted under Subsection (C) of this Section.
C.
The penalty authorized by Subsection (B) of this Section shall only be assessed by the court if the Department of Transportation or a contractor or subcontractor performing work for the Department of Transportation has erected signs upon or around a construction zone or work zone which are clearly visible from the highway and which state substantially the following message: "Warning: Minimum $250 fine for speeding or passing in this work zone when workers are present".
D.
The
driver of a motor vehicle may not overtake or pass another motor vehicle
within a work zone or construction zone as provided in this Subsection.
1.
This subsection applies to a construction zone or work zone located
upon a highway divided into two (2) or more marked lanes for traffic
moving in the same direction and for which motor vehicles are instructed
to merge from one lane into another lane and not pass by appropriate
signs or traffic control devices erected by the Department of Transportation
or a contractor or subcontractor performing work for the Department
of Transportation.
2.
This Subsection also prohibits the operator of a motor vehicle from
passing or attempting to pass another motor vehicle in a work zone
or construction zone located upon a two (2) lane highway when highway
workers or equipment are working and when appropriate signs or traffic
control devices have been erected by the Department of Transportation
or a contractor or subcontractor performing work for the Department
of Transportation.
E.
The
additional fines imposed by this Section shall not be construed to
enhance the assessment of court costs.
[Ord. No. 1176 §2, 8-28-2008]
A.
A person shall be deemed to commit the offense of "endangerment of a highway worker" upon conviction for any of the following when the offense occurs within a construction zone or work zone as defined in Section 320.070 of this Code:
1.
Exceeding the posted speed limit by fifteen (15) miles per hour or
more;
3.
Failure to stop for a work zone flagman or failure to obey traffic
control devices erected in the construction zone or work zone for
purposes of controlling the flow of motor vehicles through the zone;
4.
Driving through or around a work zone by any lane not clearly designated
to motorists for the flow of traffic through or around the work zone;
5.
Physically assaulting, or attempting to assault, or threatening to
assault a highway worker in a construction zone or work zone with
a motor vehicle or other instrument;
6.
Intentionally striking, moving or altering barrels, barriers, signs
or other devices erected to control the flow of traffic to protect
workers and motorists in the work zone for a reason other than avoidance
of an obstacle, an emergency, or to protect the health and safety
of an occupant of the motor vehicle or of another person; or
7.
Committing any of the following offenses for which points may be
assessed under Section 302.302, RSMo.:
a.
Leaving the scene of an accident in violation of Section 310.090 of this Code or Section 577.060, RSMo.;
c.
Operating without a valid license in violation of Subdivision (1)
or (2) of Subsection (1) of Section 302.020, RSMo.;
d.
Operating with a suspended or revoked license;
e.
Driving while in an intoxicated condition or under the influence
of controlled substances or drugs or driving with an excessive blood
alcohol content;
f.
Any felony involving the use of a motor vehicle.
B.
Upon conviction or a plea of guilty for committing offense of endangerment of a highway worker under Subsection (A) of this Section if no injury or death to a highway worker resulted from the offense, in addition any other penalty authorized by law, the person shall be subject to a fine of not more than one thousand dollars ($1,000.00) and shall have four (4) points assessed to his or her driver's license under Section 302.302, RSMo.
C.
A person shall be deemed to commit the offense of "aggravated endangerment of a highway worker" upon conviction or a plea of guilty for any offense under Subsection (A) of this Section when such offense occurs in a construction zone or work zone as defined in Section 320.070 and results in the injury or death of a highway worker. Upon conviction or a plea of guilty for committing the offense of aggravated endangerment of a highway worker, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than five hundred dollars ($500.00).
D.
Except for the offense established under Subdivision (6) of Subsection (A) of this Section, no person shall be deemed to commit the offense of endangerment of a highway worker except when the act or omission constituting the offense occurred when one (1) or more highway workers were in the construction zone or work zone.
E.
No person shall be cited or convicted for endangerment of a highway worker or aggravated endangerment of a highway worker for any act or omission otherwise constituting an offense under Subsection (A) of this Section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle or from the negligence of another person or a highway worker.
