[Ord. No. 7811, §§ 1-2, 10-6-1988; Ord. No. 8794, § 1, 2-18-1999; Ord. No. 8922, § 1, 6-1-2000; Ord. No. 9905, § 1, 3-4-2010]
As used in this chapter, the following terms shall have the
meanings ascribed to them:
Any street with a roadway of less than 20 feet in width.
Any motorized vehicle manufactured and used exclusively for
off-highway use which is 50 inches or less in width, with an unladen
dry weight of 600 pounds or less, travelling on three, four or more
low-pressure tires, with a seat designed to be straddled by the operator,
and handlebars for steering control.
The territory contiguous to and including a highway when
within any 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 300 feet of frontage on one side or 300 feet
collectively on both sides of the highway.
All streets and portions of streets within the area described
by City ordinance as such.
Every vehicle designed, maintained, or used primarily for
the transportation of property.
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.
That part of a roadway at an intersection included within the
connection 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.
Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by line or other markings on the
surface.
A space adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers or materials.
Physically driving or operating a motor vehicle.
Every person who drives or is in actual physical control
of a vehicle.
A communication, portable device that is used to initiate,
receive, store, or view communication, information, images, or data
electronically.
[Ord. No. 10828, 9-21-2023]
Such term, shall include, but not be limited to: cellular telephones;
portable telephones; text-messaging devices; personal digital assistants;
pagers; broadband personal communication devices; electronic devices
with mobile data access; computers, including, but not limited to,
tablets, laptops, notebook computers, and electronic or video game
systems; devices capable of transmitting, retrieving, or displaying
a video, movie, broadcast television image, or visual image; and any
substantially similar device that is used to initiate or receive communication
or store and review information, videos, images, or data.
Such term shall not include: radios; citizens band radios; commercial
two-way radio communication devices or their functional equivalent;
subscription-based emergency communication devices; prescribed medical
devices; amateur or ham radio devices; or global positioning system
receivers, security, navigation, communication, or remote diagnostics
systems permanently affixed to the vehicle.
A vehicle of any of the following types:
A vehicle operated by the State Highway Patrol, the State Water
Patrol, the Missouri Capitol Police, a conservation agent, or a state
park ranger; those vehicles operated by enforcement personnel of the
State Highways and Transportation Commission, Police or Fire Department,
Sheriff, Constable or Deputy Sheriff, federal law enforcement officer
authorized to carry firearms and to make arrests for violations of
the laws of the United States, traffic officer or coroner or by a
privately owned emergency vehicle company;
A vehicle operated as an ambulance or operated commercially
for the purpose of transporting emergency medical supplies or organs;
Any vehicle qualifying as an emergency vehicle pursuant to Section
307.175, RSMo.;
Any wrecker, or tow truck or a vehicle owned and operated by
a public utility or public service corporation while performing emergency
service;
Any vehicle transporting equipment designed to extricate human
beings from the wreckage of a motor vehicle;
Any vehicle designated to perform emergency functions for a
civil defense or emergency management agency established pursuant
to the provisions of Chapter 44, RSMo.;
Any vehicle operated by an authorized employee of the Department
of Corrections who, as part of the employee's official duties, is
responding to a riot, disturbance, hostage incident, escape or other
critical situation when there is the threat of serious physical injury
or death, responding to a mutual aid call from another criminal justice
agency, or in accompanying an ambulance which is transporting an offender
to a medical facility;
Any vehicle designated to perform hazardous substance emergency
functions established pursuant to the provisions of Sections 260.500
to 260.550, RSMo.
A space adjacent to a curb for the exclusive use of vehicles
during the loading or unloading of freight or passengers.
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.
The area embraced within the prolongation or connection of the
lateral curblines, or if none, then the lateral boundary lines of
the roadways of two 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.
Where a highway includes two roadways 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 roadways
30 feet or more apart, then every crossing of two roadways of such
highways shall be regarded as a separate intersection.
[Ord. No. 10790, 2-16-2023]
Substantially impaired mental or physical capacity resulting
from introduction of any substance into the body, including alcohol,
a controlled substance, or drug, or marijuana, or any combination
thereof.
As applied exclusively to marijuana, a conviction of a person
who is at least twenty-one (21) years of age for any applicable offense
shall require evidence that the person was in fact under the influence
of marijuana at the time the person was in physical control of the
motorized form of transport and not solely on the presence of tetrahydrocannabinol
(THC) or THC metabolites, or a combination thereof, in the person's
system.
A roadway which is divided into two or more clearly marked
lanes for vehicular traffic.
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors.
A motor vehicle operated on two wheels.
Any two-wheeled or three-wheeled device having an automatic
transmission and a motor with a cylinder capacity of not more than
50 cubic centimeters, which produces less than three gross brake horsepower,
and is capable of propelling the device at a maximum speed of not
more than 30 miles per hour on level ground.
Whenever certain hours are named herein, they shall mean
standard time or daylight saving time as may be in current use in
the City.
All signs, signals, markings and devices not inconsistent
with this chapter placed or erected by authority of the City Council
or the Traffic Engineer for the purpose of regulating, warning or
guiding traffic.[2]
Physically driving or operating a motor vehicle.
A person who is in actual physical control.
[Ord. No. 10828, 9-21-2023]
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, except vehicles, or passengers.
A place adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers.
Any person afoot.
Every officer of the City Police Department or any officer
authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
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.
A carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails.
A steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails, except streetcars.
The territory contiguous to and including a highway not comprising
a business district when the property on such highway for a distance
of 300 feet or more is in the main improved with residences or residences
and buildings in use for business.
The right of one 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.
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.
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.
That portion of a street between the curblines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
use of pedestrians.
The halting of a vehicle, whether occupied or not, otherwise
than for the purpose of and while actually engaged in receiving or
discharging passengers.
A highway maintained by the state as a part of the state
highway system.
When required, complete cessation from movement.
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.
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.
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 the 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 chapter.
Pedestrians, ridden or herded animals, vehicles, streetcars
and other conveyances either singly or together while using any highway
for purposes of travel.
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.
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and to
proceed.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, excepting devices
moved by human power or used exclusively upon stationary rails or
tracks.
A feature or function, whether internally installed or externally
attached or connected to an electronic communication device, that
allows a person to use an electronic communication device without
the use of either hand, except to activate, deactivate, or initiate
the feature or function with a single touch or single swipe.
[Ord. No. 10828, 9-21-2023]
No person shall knowingly fail or refuse to comply with any
lawful order or direction of a police officer or Fire Department official.
Each person propelling any pushcart or riding an animal upon
a roadway, and each person driving any animal-drawn vehicle, shall
be subject to the provisions of this chapter applicable to the driver
of any vehicle, except those provisions of this chapter which by their
very nature can have no application.
[1]
State Law Reference: For similar provisions, RSMo. § 300.085.
No person upon roller skates, or riding in or by means of any
coaster, toy vehicle, or similar device, shall go upon any roadway
except while crossing a street on a crosswalk, and when so crossing,
such a person shall be granted all of the rights and shall be subject
to all of the duties applicable to pedestrians. This section shall
not apply upon any street while set aside as a play street as authorized
by this Code or other ordinances of the City.
[1]
State Law Reference: For similar provisions, RSMo. § 300.090.
[Ord. No. 7552, § 1, 7-17-1986]
(a)Â
Prohibited within business district. No person shall ride a bicycle,
coaster, toy vehicle or similar device upon a sidewalk within a business
district.
(b)Â
Yielding right-of-way to pedestrians; audible signal required. Whenever
any person is riding a bicycle, coaster, toy vehicle or similar device
upon a sidewalk, such person shall yield the right-of-way to any pedestrian
and shall give audible signal before overtaking and passing any pedestrian.
(c)Â
Violation; penalties; impoundment of bicycle, etc. Any person violating the provisions of this section shall be subject to the penalty provided in § 1-8, except that in the event the person violating the provisions of this section is, by reason of age, not subject to the jurisdiction of the Municipal Court, the police officers of the City are hereby authorized to impound the bicycle, coaster, toy vehicle or similar device of such person and to retain possession of the bicycle, coaster, toy vehicle or similar device until such time as the parent or guardian of the violator shall appear at the Police Department and claim the bicycle, coaster, toy vehicle or similar device.
No person riding upon any bicycle, motorized bicycle, coaster,
roller skates, sled or toy vehicle shall attach the same or himself
to any other vehicle upon a roadway; neither shall the driver of a
vehicle knowingly pull a rider behind a vehicle.
The provisions of this chapter shall apply to the driver of
any vehicle owned by or used in the service of the United States government,
the state, the county, or the City, and it shall be unlawful for any
such driver to violate any of the provisions of this chapter, except
as otherwise permitted in this chapter.
[1]
State Law Reference: For similar provisions, RSMo. § 300.095.
No person shall open the door of a motor vehicle on the side
available to moving traffic unless and until it is reasonably safe
to do so, nor shall any person leave a door open on the side of a
motor vehicle available to moving traffic for a period of time longer
than necessary to load or unload passengers.
[1]
State Law Reference: For similar provisions, RSMo. § 300.340.
[Ord. No. 7811, § 3, 10-6-1988]
Any person violating the provisions of any section of this chapter shall be subject to the penalty provided in § 1-8 of the Kirkwood Code of Ordinances, except that in the event the person violating the provisions of this chapter is, by reason of age, not subject to the jurisdiction of the Municipal Court of the City, the police officers of the City are hereby authorized to impound the bicycle, coaster, toy vehicle, vehicle, motor vehicle, motorcycle, all-terrain vehicle or similar device of such person and to retain the possession of same until such time as the parent or guardian of the violator shall appear at the Police Department and claim the bicycle, coaster, toy vehicle, vehicle, motor vehicle, motorcycle, all-terrain vehicle or similar device.
