[Ord. No. 1814 §1, 4-2-1996]
Chapter
300, Missouri Revised Statutes, consisting of Sections
300.010 through 300.600, as amended, commonly known as the "Model Traffic Ordinance" is hereby adopted as and for the traffic ordinance of this City.
[Ord. No. 439 Art. I, 2-19-1968; Ord. No. 1814 §1, 4-2-1996; Ord. No. 1835 §1, 7-15-1996]
The following words and phrases when used in this Title mean:
ACCIDENT
A collision between a vehicle and another vehicle, railroad
train, person or stationary object, or the overturn or upset of a
vehicle which results in property damage, personal injury or death;
or an entry into or emerging from a moving vehicle by a person which
results in personal injury or death to such person.
ALL-TERRAIN VEHICLE
Any motorized vehicle manufactured and used exclusively for
off-highway use which is fifty (50) inches or less in width, with
an unladen dry weight of six hundred (600) pounds or less, traveling
on three (3), four (4) or more low pressure tires, with a seat designed
to be straddled by the operator, and handlebars for steering control.
APPROVED
Approved by the Board of Aldermen of the City.
AUTHORIZED EMERGENCY VEHICLE
A vehicle publicly owned and operated as an ambulance, or
a vehicle publicly owned and operated by the State Highway Patrol,
Police, or Fire Department, Sheriff, Constable or Deputy Sheriff,
Traffic Officer, or any privately owned vehicle operated as an ambulance
when responding to emergency calls.
BICYCLE
Every vehicle propelled solely by human power upon which
any person may ride, having two tandem wheels, except scooters and
similar devices.
BUSINESS DISTRICT
The territory contiguous to and including a highway when
within any six hundred (600) feet along the highway there are buildings
in use for business or industrial purposes, including but not limited
to hotels, banks, or office buildings, railroad stations and public
buildings which occupy at least three hundred (300) feet of frontage
on one (1) side or three hundred (300) feet collectively on both sides
of the highway.
BUS ZONE
A portion of a roadway adjacent to the curb which has been
marked by appropriate signs or painted markings, and shall have the
primary purpose of standing-by buses while loading and unloading passengers.
CHAUFFEUR
An operator who operates a motor vehicle in the transportation
of persons or property, and who receives compensation for such service
in wages, salary, commission or fare; or who as owner or employee
operated a motor vehicle carrying passengers or property for hire;
or who regularly operates a commercial motor vehicle of another person
in the course of or as an incident to his/her employment, but whose
principal occupation is not the operating of such motor vehicle.
COMMERCIAL VEHICLE
Every vehicle designed, maintained, or used primarily for
the transportation of property.
CONTROLLED ACCESS HIGHWAY
Every highway, street or roadway in respect to which owners
or occupants of abutting lands and other persons have no legal right
of access to or from the same except at such points only and in such
manner as may be determined by the public authority having jurisdiction
over the highway, street or roadway.
CROSSWALK
1.
That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides
of the highway measured from the curbs, or in the absence of curbs
from the edges of the traversable roadway;
2.
Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the
surface.
CURB
The lateral boundaries of a roadway, whether or not marked
by curbing.
CURB LOADING ZONE
A space adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers or materials.
DAYTIME
Shall mean from the time the street lights are turned off
until they are turned on, or in any event, from thirty (30) minutes
before sunrise until thirty (30) minutes after sunset.
DRIVER
Every person who drives or is in actual physical control
of a vehicle.
EXPRESSWAY
A street or highway especially designed for through traffic,
which may include medial strips or traffic separators to set apart
vehicles proceeding in the same or opposite directions; providing
access connections with selected public roads or streets at grade
or by means of traffic interchanges and on which channelized directional
travel and traffic control measures are used to expedite the safe
movement of traffic, and in respect to which the owners of abutting
properties and lands may have only limited or restricted right or
easement of access. The term "expressway" shall include
ramps and connecting roads located on designated expressway rights-of-way.
FREEWAY
A highway or street especially designed for through traffic
by prohibiting crossings thereof at grade and providing access connections
thereto from selected public roads and streets by means of traffic
interchanges, and upon which conflicting traffic movements are avoided
by grade separations and channelized directional travel, and in respects
to which the owners of abutting properties and lands shall have no
right or easement of access to or from their abutting lands or properties.
The term "freeway" shall include ramps and connecting
roads located on freeway rights-of-way.
FREIGHT CURB LOADING ZONE
A space adjacent to a curb for the exclusive use of vehicles
during the loading or unloading of freight (or passengers).
HIGHWAY
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
INTERSECTION
1.
The area embraced within the prolongation or connection of the
lateral curb lines, or, if none, then the lateral boundary lines of
the roadways of two (2) highways which join one another at, or approximately
at, right angles, or the area within which vehicles traveling upon
different highways joining at any other angle may come in conflict;
2.
Where a highway includes two (2) roadways thirty (30) feet or
more apart, then every crossing of each roadway of such divided highway
by an intersecting highway shall be regarded as a separate intersection.
In the event such intersecting highway also includes two (2) roadways
thirty (30) feet or more apart, then every crossing of two (2) roadways
of such highways shall be regarded as a separate intersection.
LANED ROADWAY
A roadway which is divided into two (2) or more clearly marked
lanes for vehicular traffic.
LINES, BARRIER
A continuous double longitudinal line which, when marked
upon the surface of a roadway, indicates that all traffic shall keep
to the right of said line.
LINES, CENTER
A continuous longitudinal line marked upon the surface of
a roadway dividing traffic moving in opposite direction.
LINES, LANE
A broken longitudinal line marked upon the surface of a roadway
separating two (2) traffic lanes moving the same direction.
MOTOR VEHICLE
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors and motorized bicycles.
MOTORCYCLE
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three (3) wheels
in contact with the ground, but excluding a tractor.
MOTORIZED BICYCLE
Any two (2) wheeled or three (3) wheeled device having an
automatic transmission and a motor with a cylinder capacity of not
more than fifty (50) cubic centimeters, which produces less than three
(3) gross brake horsepower, and is capable of propelling the device
at a maximum speed of not more than thirty (30) miles per hour on
level ground.
NIGHTTIME
Shall mean from the time the street lights are turned on
until they are turned off, or in any event, from thirty (30) minutes
after sunset until thirty (30) minutes before sunrise.
OFFICIAL TIME STANDARD
Whenever certain hours are named herein they shall mean standard
time or daylight-saving time as may be in current use in the City.
OFFICIAL TRAFFIC CONTROL DEVICES
All signs, signals, markings and devices not inconsistent
with this Title placed or erected by authority of a public body or
official having jurisdiction, for the purpose of regulating, warning
or guiding traffic.
OPERATOR
Every person who is in actual physical control of a motor
vehicle.
ONE-WAY STREETS
A one-way street is any street upon which all vehicular and
bicycle traffic is restricted to movement in one (1) direction only.
OWNER
A person who holds the legal title of a vehicle, or in the
event a vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance
of the conditions stated in the agreement and an immediate right of
possession vested in the conditional vendee or lessee, or in the event
a mortgagor of a vehicle is entitled to possession, then such conditional
vendee or lessee, or mortgagor shall be deemed the owner for the purpose
of this Section.
The operation or use of a motor vehicle in violation of the
provisions of this Title shall be prima facie evidence that said motor
vehicle was at the time of such violation controlled, operated and
used by the owner thereof.
PARK OR PARKING
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.
PARKING METER
A device for the purpose of measuring the time elapsed since
the deposit of a coin in the slot provided, and equipped with a mechanism
to indicate the legal time a vehicle may remain parked in a designated
space.
PASSENGER CAR
Every motor vehicle designed for carrying ten (10) persons
or less and used for the transportation of persons; except that, the
term "passenger car" shall not include motorcycles,
motorized bicycles, motor tricycles and trucks.
PASSENGER CURB LOADING ZONE
A place adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers.
PERSON
Every natural person, firm, co-partnership, association or
corporation.
POLICE OFFICER
Every officer of the Municipal Police Department or any officer
authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
PRIVATE ROAD OR DRIVEWAY
Every way or place in private ownership and used for vehicular
travel by the owner and those having express or implied permission
from the owner, but not by other persons.
PROOF OF FINANCIAL RESPONSIBILITY
Proof of ability to respond in damages for liability, on
account of accidents occurring subsequent to the effective date of
said proof, arising out of the ownership, maintenance or use of a
motor vehicle, in the amount of twenty-five thousand dollars ($25,000.00)
because of bodily injury to or death of one (1) person in any one
(1) accident, and, subject to said limit for one (1) person, in the
amount of fifty thousand dollars ($50,000.00) because of bodily injury
to or death of two (2) or more persons in any one (1) accident, and
in the amount of ten thousand dollars ($10,000.00) because of injury
to or destruction of property of others in any one (1) accident.
PUBLIC BUILDING
A building used or owned by the City, Clay County, any legally
constituted park district, the United States Government, or the State
of Missouri, or any legally constituted subdivision thereof.
PUBLIC HOLIDAYS
Public holidays, when referred to in this Chapter shall be
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day.
RAILROAD
A carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails.
RAILROAD TRAIN
A steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails, except streetcars.
RESIDENCE DISTRICT
The territory contiguous to and including a highway not comprising
a business district when the property on such highway for a distance
of three hundred (300) feet or more is in the main improved with residences
or residences and buildings in use for business.
RIGHT-OF-WAY
The right of one (1) vehicle or pedestrian to proceed in
a lawful manner in preference to another vehicle or pedestrian approaching
under such circumstances of direction, speed and proximity as to give
rise to danger of collision unless one grants precedence to the other.
ROADWAY
That portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the berm or shoulder. In the
event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway
separately but not to all such roadways collectively.
SAFETY ZONE
The area or space officially set apart within a roadway for
the exclusive use of pedestrians and which is protected or is so marked
or indicated by adequate signs as to be plainly visible at all times
while set apart as a safety zone.
SCHOOL BUS
A motor vehicle used for the transportation of students to
or from schools, public, private, parochial and day nurseries, or
to any destination incidental to the purposes of said school or nursery.
SIDEWALK
That portion of a street between the curb lines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
use of pedestrians.
STAND OR STANDING
The halting of a vehicle, whether occupied or not, otherwise
than for the purpose of and while actually engaged in receiving or
discharging passengers.
STOP
When required, complete cessation from movement.
STOP OR STOPPING
When prohibited, any halting even momentarily of a vehicle,
whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a Police Officer
or traffic control sign or signal.
STREET OR HIGHWAY
The entire width between the lines of every way publicly
maintained when any part thereof is open to the uses of the public
for purposes of vehicular travel. "State Highway", a highway maintained by the State of Missouri as a part of the State
Highway system.
TAXICAB STAND
That portion of a public street approved for the standing
of taxicabs, and so marked.
THROUGH HIGHWAY
Every highway or portion thereof on which vehicular traffic
is given preferential right-of-way, and at the entrances to which
vehicular traffic from intersecting highways is required by law to
yield right-of-way to vehicles on such through highway in obedience
to either a stop sign or a yield sign, when such signs are erected
as provided in this Title.
TRAFFIC
Pedestrians, ridden or herded animals, vehicles, streetcars
and other conveyances either singly or together while using any highway
for purposes of travel.
TRAFFIC CONTROL SIGNAL
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and to
proceed.
TRAFFIC DIVISION
The Traffic Division of the Police Department of the City,
or in the event a Traffic Division is not established, then said term
whenever used herein shall be deemed to refer to the Police Department
of the City.
TRAFFICWAYS
Those streets and highways designated by the Board of Aldermen
as arteries for general traffic, adapted to the safe, convenient and
facile transportation of vehicles other than those for passengers
only in larger volume and in heavier service than may be required
in serving the average traffic needs of the property abutting thereon.
TRAILER
Every vehicle with or without motive power, other than a
pole trailer, designed for carrying persons or property and for being
drawn by a motor vehicle.
TRUCK
Every motor vehicle designed, used, or maintained primarily
for the transportation of property.
VEHICLE
Any mechanical device on wheels, designed primarily for use,
or used, on highways, except motorized bicycles, vehicles propelled
or drawn by horses or human power, or vehicles used exclusively on
fixed rails or tracks, cotton trailers or motorized wheelchairs operated
by handicapped persons.
YIELD RIGHT-OF-WAY
Yielding to other driver or pedestrian the privilege of immediate
use of the street.
[Ord. No. 1814 §3, 4-2-1996]
Unless another penalty is expressly provided by law, every person
convicted of a violation of any provision of this Title shall be punished
by a fine of not more than five hundred dollars ($500.00) or by imprisonment
for not more than ninety (90) days, or by both such fine and imprisonment.