[R.O. 2009 ยง14-1; Code 1969 ยง22-1; Ord. No. 2949 ยง1, 10-3-1988; Ord. No. 2960 ยง1, 10-3-1988; Ord. No. 2962 ยง1, 10-3-1988; Ord. No. 3078 ยง1, 8-6-1990]
The following words and phrases, when used in this Title, mean:
ALL-TERRAIN VEHICLE
Any motorized vehicle manufactured and used exclusively for
off-highway use, with an unladen dry weight of one thousand five hundred
(1,500) pounds or less, traveling on three (3), four (4) or more non-highway
tires, with either:
1.ย
A seat designed to be straddled by the operator, and handlebars
for steering control, but excluding an electric bicycle; or
2.ย
A width of fifty (50) inches or less, measured from outside
of tire rim to outside of tire rim, regardless of seating or steering
arrangement.
AUTOCYCLE
A three-wheeled motor vehicle, which the drivers and passengers
ride in a partially or completely enclosed non-straddle seating area,
that is designed to be controlled with a steering wheel and pedals,
and that has met applicable Department of Transportation National
Highway Traffic Safety Administration requirements or Federal motorcycle
safety standards.
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.
COMMERCIAL MOTOR VEHICLE
A motor vehicle designed or regularly used for carrying freight
and merchandise or more than eight (8) passengers but not including
vanpools or shuttle buses.
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.
CRIMINAL HISTORY CHECK
A search of criminal records, including criminal history
record information as defined in Section 43.500, RSMo., maintained
by the Missouri State Highway Patrol in the Missouri criminal records
repository or by the Federal Bureau of Investigation as part of its
criminal history records, including but not limited to, any record
of conviction, plea of guilty or nolo contendere, or finding of guilty
in any State for any offense related to alcohol, controlled substances,
or drugs.
CROSSWALK
1.ย
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.ย
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 that portion of the street designated
for the use of vehicles, whether marked with curbstones or not.
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.
DRIVE-IN
A place where the occupants of motor vehicles are served
while seated in the vehicle including, but not limited to, drive-in
theaters, restaurants and filling stations.
DRIVER
Every person who drives or is in actual physical control
of a vehicle.
ELECTRIC BICYCLE
A bicycle equipped with fully operable pedals, a saddle or
seat for the rider, and an electric motor of less than seven hundred
fifty (750) watts that meets the requirements of one (1) of the following
three (3) classes:
1.ย
CLASS 1 ELECTRIC BICYCLEAn electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of twenty (20) miles per hour;
2.ย
CLASS 2 ELECTRIC BICYCLEAn electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of twenty (20) miles per hour; or
3.ย
CLASS 3 ELECTRIC BICYCLEAn electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight (28) miles per hour.
EMERGENCY VEHICLE
A vehicle of any of the following types:
1.ย
A vehicle operated by the State Highway Patrol, the Missouri
Capitol Police, a Conservation Agent or a State or a County or municipal
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, Coroner, Medical Examiner,
or Forensic Investigator of the County Medical Examiner's Office,
or by a privately owned emergency vehicle company;
2.ย
A vehicle operated as an ambulance or operated commercially
for the purpose of transporting emergency medical supplies or organs;
3.ย
Any vehicle qualifying as an emergency vehicle pursuant to Section
310.070 of this Title;
4.ย
Any wrecker or tow truck or a vehicle owned and operated by
a public utility or public service corporation while performing emergency
service;
5.ย
Any vehicle transporting equipment designed to extricate human
beings from the wreckage of a motor vehicle;
6.ย
Any vehicle designated to perform emergency functions for a
civil defense or emergency management agency established pursuant
to the provisions of Chapter 44, RSMo.;
7.ย
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 where there is the threat of serious physical injury
or death, responding to mutual-aid call from another criminal justice
agency, or in accompanying an ambulance which is transporting an offender
to a medical facility;
8.ย
Any vehicle designated to perform hazardous substance emergency
functions established pursuant to the provisions of Sections 260.500
to 260.550, RSMo.
9.ย
Any vehicle owned by the State Highways and Transportation Commission
and operated by an authorized employee of the Department of Transportation
that is marked as a Department of Transportation emergency response
or motorist assistance vehicle.
10.ย
Any vehicle owned and operated by the civil support team of
the Missouri National Guard while in response to or during operations
involving chemical, biological, or radioactive materials, or in support
of official requests from the State of Missouri involving unknown
substances or hazardous materials, or as may be requested by the appropriate
State agency acting on behalf of the Governor.
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.
IMPROVED STREET OR HIGHWAY
A street or highway which has been paved with gravel, macadam,
concrete, brick or asphalt, or improved in any manner by adding material
or substance so as to present a surface other than the original earth
surface.
INTERSECTION
1.ย
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.ย
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.
INTOXICATING LIQUOR
Includes any spirits, wine, ale, malt or other liquor or
combination of liquor a part of which is spirituous, vinous, malt
or fermented and all preparations for beverage purposes containing
in excess of three and two-tenths percent (3.2%) of alcohol by weight.
LANED ROADWAY
A roadway which is divided into two (2) or more clearly marked
lanes for vehicular traffic.
LIVE LOAD
The weight of the cargo of a commercial motor vehicle, in
addition to that of the chassis and body of the vehicle.
MOTOR VEHICLE
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors, electric bicycles, and motorized bicycles.
MOTORBUS
A motor vehicle designed or regularly used for carrying more
than eight (8) passengers.
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 an electric bicycle and
a tractor.
MOTORIZED BICYCLE
Any two-wheeled or three-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,
but excluding an electric bicycle.
MOTORTRICYCLE
A motor vehicle upon which the operator straddles or sits
astride that is designed to be controlled by handle bars and is operated
on three (3) wheels, including a motorcycle while operated with any
conveyance, temporary or otherwise, requiring the use of a third wheel,
but excluding an electric bicycle. A motortricycle shall not be included
in the definition of all-terrain vehicle.
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.
ONE-WAY STREET
A street where vehicles are by law required to move in one
(1) direction only.
OPERATOR
Any person who operates or drives a motor vehicle.
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 LOT
An area on public or private property where spaces are provided
gratuitously or for hire for the parking of motor vehicles, provided
that nothing in this definition shall be construed to include driveways
or other portions of single-family residential lots used by the occupant
and his/her invitees for parking automobiles, nor spaces on public
streets where parking is permitted.
PASSENGER CURB LOADING ZONE
A place adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers.
PATHWAY
Any trail or path used by the public as a trail or path for
hiking or walking by pedestrians.
PERSON
Every natural person, firm, co-partnership, association or
corporation.
PNEUMATIC TIRES
Tires of rubber or other substances and fabric inflated with
air.
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.
PRIVATE WAYS
Private streets and alleyways, roadways and driveways at
tourist courts, trailer camps and hotels and multiple-family dwellings
and entrance drives into garages, repair shops and other mercantile
business, commercial and industrial establishments.
RAILROAD
A carrier of persons or property upon cars operated upon
stationary rails.
RAILROAD TRAIN
A steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails.
RECREATIONAL MOTOR VEHICLE
Any motor vehicle designed, constructed or modified so that
it may be used for the purpose of temporary housing quarters, including
sleeping and eating facilities which are permanently attached to the
motor vehicle. Nothing herein shall prevent any motor vehicle being
registered as a commercial motor vehicle if the motor vehicle could
otherwise be so registered.
RECREATIONAL OFF-HIGHWAY VEHICLE
Any motorized vehicle manufactured and used exclusively for
off-highway use which is more than fifty (50) inches but no more than
eighty (80) inches in width, measured from outside of tire rim to
outside of tire rim, with an unladen dry weight of three thousand
five hundred (3,500) pounds or less, traveling on four (4) or more
non-highway tires and which may have access to ATV trails.
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.
RESIDENTIAL AREAS
All areas within the City, access to which by motor vehicle entails or requires travel upon any residential streets as defined in Section
365.080(A)(2).
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 (2) 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 of 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 ZONE
A space in any street lawfully designated by ordinance for
the safety of persons going to and returning from public, private
or parochial schools.
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.
SKATEBOARD OR OTHER LIKE INSTRUMENT
Any non-motorized instrument used to transport a person or
persons by means of wheels, rollers, etc., propelled solely be the
force of its rider and shall not include any wagon or other device
not so propelled.
SOLID TIRES
Tires of rubber or other resilient material, other than pneumatic
tires.
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.
STATE HIGHWAY
A highway maintained by the State as a part of the State
highway system.
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
A motor vehicle, other than motorbus or service car, offered
for or engaged in carrying passengers for hire.
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.
TRACTOR or TRUCK-TRACTOR
A self-propelled motor vehicle designed for drawing other
vehicles, but not for the carriage of any load when operating independently.
When attached to a semi-trailer, it supports a part of the weight
thereof.
TRAFFIC
Pedestrians, ridden or herded animals, vehicles 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.
TRAILER
Any vehicle without motive power designed for carrying property
or passengers on its own structure and for being drawn by a self-propelled
vehicle, except those running exclusively on tracks, including a semi-trailer
or vehicle of the trailer type so designed and used in conjunction
with a self-propelled vehicle that a considerable part of its own
weight rests upon and is carried by the towing vehicle. The term "trailer" shall not include cotton trailers as defined in
Subdivision (8) of Section 301.010, RSMo., and shall not include manufactured
homes as defined in Section 700.010, RSMo.
URBANIZED AREA
An area with a population of fifty thousand (50,000) or more
designated by the Bureau of the Census within boundaries to be fixed
by the State Highways and Transportation Commission and local officials
in cooperation with each other and approved by the Secretary of Transportation.
The boundary of an urbanized area shall, at a minimum, encompass the
entire urbanized area as designed by the Bureau of the Census.
UTILITY VEHICLE
Any motorized vehicle manufactured and used exclusively for
off-highway use which is more than fifty (50) inches but no more than
eighty (80) inches in width, measured from outside of tire rim to
outside of tire rim, with an unladen dry weight of three thousand
five hundred (3,500) pounds or less, traveling on four (4) or six
(6) wheels, to be used primarily for landscaping, lawn care, or maintenance
purposes.
VEHICLE
Any mechanical device on wheels designed primarily for use
or used on highways, except motorized bicycles, electric 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.
WALKWAYS
Any portion of streets and roads or areas adjacent thereto
that are marked for pedestrian use by painted stripes, concrete bumper
strips, railroad ties or occasional posts or any other method whatsoever
which designates such area as a pedestrian walkway.