[Ord. No. 385, § 2, 10-19-1982; Ord. No. 519, § 13, 11-17-1992; Ord. No. 719, § 1, 11-7-2000; Ord. No. 737, § 1, 9-4-2001; Ord. No. 795, § 1, 3-16-2004; Ord. No. 985, 2-18-2014; Ord. No. 1098, § 3(Exh. A), 6-18-2019]
(a)
Driving while intoxicated. A person commits the offense of driving
while intoxicated if he operates a motor vehicle while in an intoxicated
condition when he is under the influence of alcohol, a controlled
substance, or drug, or any combination thereof. If there was 0.08%
or more by weight of alcohol in the person's blood, this shall be
prima facie evidence that the person was intoxicated at the time the
specimen was taken.
(b)
Driving while under the influence of marijuana. A person commits
the offense of driving while under the influence of marijuana if he
operates a motor vehicle while under the influence of any amount of
marijuana.
(c)
Excessive blood alcohol content. A person commits the offense of
driving with excessive blood alcohol content if he operates a motor
vehicle with 0.08% or more by weight of alcohol in his blood.
(d)
Definitions.
(e)
Procedure on arrest. Any arrest for driving while intoxicated shall
be handled as any other arrest for an offense of the same severity,
except as follows:
(1)
As soon as practicable following such arrest, the police department
shall obtain the driving record of the person arrested.
(2)
No person who has three or more prior convictions for driving
while intoxicated or driving with excessive blood alcohol content
within five years of the date of the present alleged offense shall
be prosecuted through the municipal court until after the state prosecuting
attorney has had the opportunity to review the case and to consider
filing appropriate state charges.
(3)
No person, regardless of his prior conviction record, shall
be prosecuted through the municipal court where it appears possible
that a charge of involuntary manslaughter (RSMo 566.024) might be
sustained, until after the state prosecuting attorney has had the
opportunity to review the case and to consider filing appropriate
charges.
(4)
In all other cases, the City prosecuting attorney shall have
the discretion to file the appropriate charge with the municipal court
or he may refer the case to the state prosecuting official.
(5)
The procedures described herein shall be directory and not mandatory.
The failure to follow the procedures provided for in this subsection
shall not invalidate any prosecution or be caused to overturn any
conviction for violations of Subsection (a) or (b) above, but may
be reason for discipline of the City official(s) violating this section.
(f)
Procedure in municipal court. No person charged with driving while intoxicated (Subsection (a) above), driving while under the influence of marijuana (Subsection (b) above), or driving with excessive blood alcohol content (Subsection (c) above) shall have his case heard in municipal court except in accordance with the following procedure:
(1)
The defendant must either be represented by an attorney or must
voluntarily waive his right to such representation by execution of
a written waiver. If the defendant chooses to do neither (or if because
he is an indigent or is unable to employ an attorney), the prosecution
of the case shall be suspended and the case referred to the state
prosecuting official. Only if the state prosecuting official declines
to proceed with a state criminal prosecution shall the municipal prosecution
be resumed.
(2)
Neither the municipal judge nor any other municipal official
shall have the power to revoke any operator's or chauffeur's license.
(g)
Penalty.
(1)
Any person convicted of driving while intoxicated shall be fined
not less than $100 nor more than $500, confinement in jail for not
more than 90 days, or both such fine and confinement. No person convicted
of or pleading guilty to the offense of driving while intoxicated
shall be granted a suspended imposition of sentence unless such person
is placed on probation for a minimum of two years.
(2)
Any person convicted of driving while under the influence of
marijuana shall be fined not less than $100 nor more than $500, confinement
in jail not more than 90 days, or both such fine and confinement.
(3)
Any person convicted of driving with excessive blood alcohol
content shall be fined not less than $100 nor more than $500, confined
in jail for not more than 90 days, or both such fine and confinement.
[Ord. No. 360, § 15-56]
Every person operating a motor vehicle on the streets and highways
of the City, or upon the streets, drives and parking areas of the
Butler R-V School District, shall drive such vehicle in a careful
and prudent manner, and shall exercise the highest degree of care,
and shall drive at a rate of speed so as not to endanger the property
of another or the life or limb of any person.
[Ord. No. 360, § 15-57]
It shall be unlawful for the driver of a motor vehicle to willfully
fail or refuse to bring his vehicle to a stop, or otherwise flee or
attempt to elude a pursuing police vehicle, when given visual or audible
signal to bring the vehicle to a stop. The signal given by the police
officer may be by hand, voice, emergency light or siren. The officer
giving such signal shall be in uniform, prominently displaying his
badge of office, and his vehicle shall be appropriately marked showing
it to be an official police vehicle.
[Ord. No. 360, § 15-152, 3-4-1980]
(a)
All vehicles not in motion shall be placed with their right side
as near the right-hand side of the highway as practicable, except
on streets where vehicles are obliged to move in one direction only
or parking of motor vehicles is regulated by ordinance.
(b)
Upon all public roads or highways of sufficient width a vehicle shall
be driven upon the right half of the roadway, except as follows:
(1)
When overtaking and passing another vehicle proceeding in the same direction under the provisions of Section 23-110;
(2)
When placing a vehicle in position for and when such vehicle
is lawfully making a left turn in compliance with the provisions of
this chapter;
(3)
When the right half of the roadway is closed to traffic while
under construction or repair;
(4)
Upon a highway designated by markings or signs for one-way traffic.
(c)
It is unlawful to drive any vehicle upon any highway or road which
has been divided into two or more roadways by means of a physical
barrier or by means of a dividing section or delineated by curbs,
lines or other markings on the roadway, except to the right of such
barrier or dividing section, or to make any left turn or semicircular
turn or U-turn on any such divided highway, except in an authorized
crossover or intersection.
(d)
Whenever any roadway has been divided into three or more lanes for
traffic, the following rules in addition to all others consistent
herewith shall apply:
(1)
A vehicle shall be driven as nearly as practicable entirely
within a single lane and shall not be moved from such lane until the
driver has first ascertained that such movement can be made with safety
and has given the appropriate signal.
(2)
Upon a roadway which is divided into three lanes a vehicle shall
not be driven in the center lane, except when overtaking and passing
another vehicle where the roadway ahead is clearly visible and such
center lane is clear of traffic within a safe distance, or in preparation
for a left turn or where such center lane is at the time allocated
exclusively to traffic moving in the direction the vehicle is proceeding
and is signposted to give notice of such allocation.
(3)
Upon all highways any vehicle proceeding at less than the normal
speed of traffic thereon shall be driven in the right-hand lane for
traffic or as close as practicable to the right-hand edge or curb.
(4)
Drivers of vehicles proceeding in opposite directions shall
pass each other to the right, and except when a roadway has been divided
into traffic lanes, each driver shall give to the other at least one-half
of the main-travelled portion of the roadway whenever possible.
(e)
All vehicles in motion upon a highway having two or more lanes of
traffic proceeding in the same direction shall be driven in the right-hand
lane except when overtaking and passing another vehicle or when preparing
to make a proper left turn or when otherwise directed by traffic markings,
signs or signals.
[Ord. No. 360, § 15-153, 3-4-1980]
(a)
The following rules shall govern the overtaking and passing of vehicles
proceeding in the same direction, subject to the limitations and exceptions
stated:
(1)
An operator or driver overtaking and desiring to pass a vehicle
shall sound horn before starting to pass except when prohibited by
City ordinance.
(2)
The driver of a vehicle overtaking another vehicle proceeding
in the same direction shall pass to the left thereof at a safe distance
and shall not again drive to the right side of the roadway until safely
clear of the overtaken vehicle.
(3)
Except when overtaking and passing on the right is permitted,
the driver of an overtaken vehicle shall give way to the right in
favor of the overtaking vehicle on audible signal and shall not increase
speed of his vehicle until completely passed by the overtaking vehicle.
(b)
The driver of a motor vehicle may overtake and pass to the right
of another vehicle only under the following conditions:
(1)
When the vehicle overtaken is making or about to make a left
turn;
(2)
Upon a City street with unobstructed pavement of sufficient
width for two or more lines of vehicles in each direction;
(3)
Upon a one-way street;
(4)
The driver of a motor vehicle may overtake and pass another
vehicle upon the right only under the foregoing conditions when such
movement may be made in safety. In no event shall such movement be
made by driving off the paved or main-traveled portion of the roadway;
(5)
The provisions of this subsection shall not relieve the driver
of a slow-moving vehicle from the duty to drive as closely as practicable
to the right-hand edge of the roadway.
(c)
Except when a roadway has been divided into three traffic lanes,
no vehicle shall be driven to the left side of the centerline of a
highway or street in overtaking and passing another vehicle proceeding
in the same direction unless such left side is clearly visible and
is free of oncoming traffic for a sufficient distance ahead to permit
such overtaking and passing to be completely made without interfering
with the safe operation of any vehicle approaching from the opposite
direction or any vehicle overtaken.
(d)
No vehicle shall at any time be driven to the left side of the roadway
under the following conditions:
(1)
When approaching the crest of a grade or upon a curve of the
highway where the driver's view is obstructed within such distance
as to create a hazard if another vehicle approaches from the opposite
direction;
(2)
When the view is obstructed upon approaching within 100 feet
of any bridge, viaduct, tunnel or when approaching within 100 feet
of or at any intersection or railroad grade crossing;
(3)
When a no-passing zone is marked by a solid yellow line on the
right side of the centerline of the roadway.
[Ord. No. 360, §§ 15-58(2)
— (4), 15-60, 3-4-1980; Ord. No. 867, § 1, 7-1-2008]
(a)
Speed limits.
(1)
The speed limit shall be 10 miles per hour on all alleys in
the City.
(2)
The speed limit shall be 25 miles per hour on all City streets
unless otherwise posted.
(3)
The speed limit in all school zones on school days when children
are present shall be 20 miles per hour.
(4)
The speed limit posted on state roads and highways within the
City limits which are authorized or set by the state highways and
transportation commission, is and shall be the speed limit adopted
by this section unless the speed has been adopted on the state road
or highways within the City limits pursuant to the provisions set
forth in Subsection (b).
(5)
For purposes of enforcing the speed limit ordinance of the City,
it is a rebuttable presumption that the posted speed limit is the
legal speed limit.
(b)
The City traffic engineer or his authorized representative is hereby
authorized to establish and post speed limit signs on the streets
located within the City limits.
The City traffic engineer or his authorized representative is
hereby authorized to establish and post speed limit signs on state
roads and highways within the City limit with approval of the state
highways and transportation commission. Any increase or reduction
in speed shall be designed to expedite the flow of traffic on such
state roads and highways to the extent consistent with public safety.
(c)
The use of and results determined by any speed meter machine or mechanism
shall be acceptable as evidence in the court where driving in excess
of posted speed limits is the violation being prosecuted, except,
the use thereof shall not be construed to exclude any competent evidence
secured by other means.
(d)
Every complaint or uniform traffic citation where the charge is a
violation of any speed regulation, the speed at which the defendant
is alleged to have driven and the speed limit applicable at the location
of such alleged violation shall be specified.
[Ord. No. 360, § 15-62, 3-4-1980]
(a)
No person shall drive any vehicle on a highway, right-of-way or area
of public access in the City in any race, speed competition or contest,
drag race or acceleration contest, test of physical endurance, exhibition
of speed or acceleration, or for the purpose of making a speed record,
and no person shall in any manner participate in any such race, competition,
contest, test or exhibition.
(b)
"Drag race" is defined as the operation of two or more vehicles from
a point side by side at accelerating speeds in a competitive attempt
to outdistance each other, or the operation of one or more vehicles
over a common selected course, from the same point to the same point,
for the purpose of comparing the relative speeds or power of acceleration
of such vehicle or vehicles within a certain distance or time limit.
(c)
"Racing" is defined as the use of one or more vehicles in an attempt
to outgain, outdistance or prevent another vehicle from passing, to
arrive at a given destination ahead of another vehicle or vehicles,
or to test the physical stamina or endurance of drivers over long
distance driving routes.
[Ord. No. 360, §§ 15-68
— 15-70, 3-4-1980]
(a)
No person shall stop or suddenly decrease the speed of or turn a
vehicle from a direct course or move right or left upon a roadway
unless and until such movement can be made with reasonable safety
and then only after the giving of an appropriate signal in the manner
provided in this section.
(b)
An operator or driver when stopping, or when checking the speed of
his vehicle, if the movement of other vehicles may reasonably be affected
by such checking of speed, shall extend his arm at an angle below
horizontal so that the same may be seen in the rear of his vehicle.
(c)
An operator or driver intending to turn his vehicle to the right
shall extend his arm at an angle above horizontal so that the same
may be seen in front of and in the rear of his vehicle, and shall
slow down and approach the intersecting highway as near as practicable
to the right side of the highway along which he is proceeding before
turning.
(d)
An operator or driver intending to turn his vehicle to the left shall
extend his arm in a horizontal position so that the same may be seen
in the rear of his vehicle, and shall slow down and approach the intersecting
highway so that the left side of his vehicle shall be as near as practicable
to the centerline of the highway along which he is proceeding before
turning.
(e)
The signals herein required shall be given either by means of the
hand and arm or by a signal light or signal device in good mechanical
condition of a type approved by the state highway patrol; however,
when a vehicle is so constructed or loaded that a hand and arm signal
would not be visible both to the front and rear of such vehicle then
such signals shall be given by such light or device. A vehicle shall
be considered as so constructed or loaded that a hand and arm signal
would not be visible both to the front and rear when the distance
from the center of the top of the steering post to the left outside
limit of the body, cab or load exceeds 24 inches, or when the distance
from the center of the top of the steering post to the rear limit
of the body or load thereon exceeds 14 feet, which limit of 14 feet
shall apply to single vehicles or combinations of vehicles. The provisions
of this subsection shall not apply to any trailer which does not interfere
with a clear view of the hand signals of the operator or of the signaling
device upon the vehicle pulling the trailer. The provisions of this
section as far as mechanical devices on vehicles so constructed that
a hand and arm signal would not be visible both to the front and rear
of such vehicle as above provided shall only be applicable to new
vehicles registered within this state after the first day of January,
1954.
[Ord. No. 360, § 15-77, 3-4-1980]
(a)
At intersections where there is no form of traffic control, a driver
approaching an intersection shall yield the right-of-way to a vehicle
that has entered the intersection from a different street.
(b)
When two or more vehicles will reach an intersection at approximately
the same time, the driver of the vehicle on the left shall yield the
right-of-way to the driver of the vehicle on the right; provided,
that such intersection is not otherwise controlled by a traffic-control
device or signal.
(c)
The driver of a vehicle within an intersection intending to turn
to the left shall yield the right-of-way to any vehicle approaching
from the opposite direction which is within the intersection or so
close thereto as to constitute an immediate hazard.
(d)
The driver of a vehicle about to enter or cross a highway from an
alley, building or any private road or driveway shall yield the right-of-way
to all vehicles approaching on the highway to be entered.
(e)
The driver of a vehicle intending to make a left turn into an alley,
private road or driveway shall yield the right-of-way to any vehicle
approaching from the opposite direction when the making of such left
turn would create a traffic hazard.
[Ord. No. 360, § 15-83]
(a)
The driver of a vehicle approaching a blind or visually handicapped,
deaf or partially deaf person or physically disabled person who is
carrying a cane predominately white or metallic in color, with or
without a red tip, or using a guide dog, hearing dog or service dog
shall yield to such blind pedestrian.
(b)
It shall be unlawful for any person, unless totally or partially
blind, while on any public street or highway, to carry in a raised
or extended position a cane or walking stick which is white in color
or white tipped with red.
[Ord. No. 360, § 15-84, 3-4-1980]
(a)
The driver of a vehicle upon a highway upon meeting or overtaking
from either direction any school bus which has stopped on the highway
for the purpose of receiving or discharging any school children and
whose driver has in the manner prescribed by law given the signal
to stop, shall stop the vehicle before reaching such school bus and
shall not proceed until such school bus resumes motion, or until signalled
by its driver to proceed.
(b)
Every bus used for the transportation of school children shall bear
upon the front and rear thereon a plainly visible sign containing
the words "school bus" in letters not less than eight inches in height.
Each bus shall have lettered on the rear in plain and distinct type
the following: "State Law: Stop while bus is loading and unloading."
Each school bus subject to the provisions of this section shall be
equipped with a mechanical and electrical signalling device, which
will display a signal plainly visible from the front and rear and
indicating intention to stop.
(c)
The driver of a school bus in the process of loading or unloading
students upon a street or highway shall activate the mechanical and
electrical signaling devices, in the manner prescribed by the state
board of education, to communicate to drivers of other vehicles that
students are loading or unloading. No driver of a school bus shall
take on or discharge passengers at any location upon a highway consisting
of four or more lanes of traffic, whether or not divided by a median
or barrier, in such manner as to require the passengers to cross more
than two lanes of traffic; nor shall be take on or discharge passengers
while the vehicle is upon the road or highway proper unless the vehicle
so stopped is plainly visible for at least 300 feet in each direction
to drivers of other vehicles upon the highway and then only for such
time as is actually necessary to take on or discharge passengers.
(d)
The driver of a vehicle upon a highway with separate roadways need
not stop upon meeting or overtaking a school bus which is on a different
roadway, which is proceeding in the opposite direction on a highway
containing four or more lanes of traffic, or which is stopped in a
loading zone constituting a part of, or adjacent to, a limited- or
controlled-access highway at a point where pedestrians are not permitted
to cross the roadway.
(e)
The driver of any school bus driving upon the highways of this City
after loading or unloading school children should remain stopped if
the bus is followed by three or more vehicles, until such vehicles
have been permitted to pass the school bus, if the conditions prevailing
make it safe to do so.
[Ord. No. 360, § 15-159, 3-4-1980]
No person shall drive through or on the property of a gasoline
service station or the service entrance of any public or private property
adjacent to any street intersection to avoid an official traffic-control
device or short cut from one street to another.
