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Table Of Contents
Chapter 1
 General Provisions

Chapter 2
 Administration

Chapter 2.5
 Adult Entertainment Businesses

Chapter 3
 Alcoholic Beverages

Chapter 4
 Amusements

Chapter 5
 Animals

Chapter 6
 Buildings & Building Regulations

Chapter 6.5
 Cable Communications

Chapter 7
 Civil Disasters & Emergencies

Chapter 8
 Court

Chapter 9
 Elections

Chapter 10
 Fire Prevention & Protection

Chapter 11
 Garbage & Trash

Chapter 12
 Humann Rights

Chapter 13
 Nuisances

Chapter 14
 Offenses

Chapter 15
 Parks & Recreation

Chapter 16
 Peddlers, Solicitors & Itinerant Vendors

Chapter 17
 Police

Chapter 18
 Railroads

Chapter 19
 Secondhand Goods

Chapter 20
 Streets, Sidewalks & Other Public Places

Chapter 21
 Subdivision Regulations

Chapter 22
 Taxation

Chapter 23
 Traffic & Motor Vehicles

Chapter 24
 Utilities

Chapter 25
 Vegetation

Chapter 26
 Reserved

City Ordinance

Chapter 23

TRAFFIC AND MOTOR VEHICLES*

Art. I. In General, §§ 23-1 – 23-35
Art II. Administration and Enforcement, §§ 23-36 – 23-90
  Div. 1. Generally, §§ 23-36 – 23-70
  Div. 2. Traffic Violations Bureau, §§ 23-71 – 23-90
Art. III. Operation of Vehicles,§§ 23-91 – 23-240
  Div. 1. Generally, §§ 23-91 – 23-120
  Div. 2. Driving While Intoxicated,
Driving With Excessive Blood Alcohol Content, §§ 23-121 – 231-140
  Div. 3. Speed, §§23-141 – 23-160
  Div. 4. Right-of-Way, §§ 23-161 – 23-185
  Div. 5. Overtaking and Passing, §§ 23-186 – 23-205
  Div. 6. Turning Movements, §§ 23-206 – 23-225
  Div. 7. One-Way Streets and Alleys, §§ 23-226 – 23-240
Art. IV. Traffic-Control Devices, §§ 23-241 – 23-265
Art. V. Stopping, Standing and Parking, §§ 23-266 – 23-385
  Div. 1. Generally, §§ 23-266 – 23-310
  Div. 2. Parking for the Handicapped, §§ 23-311 – 23-330
  Div. 3. Snow Emergency Routes, §§ 23-331 – 23-350
  Div. 4. Parking Meters, §§ 23-351 – 23-385
Art. VI. Parades and Processions, §§ 23-386 – 23-405
Art. VII. Pedestrians, §§ 23-406 – 23-430
Art. VIII. Bicycles and Motorized Bicycles, Electric Personal Assistive Mobility Devices, and Other Motorized Devices, §§ 23-431 – 23-455
Art. IX. Equipment, §§ 23-456 – 23-520
  Div. 1. Generally, §§ 23-456 – 23-480
  Div. 2. Lights, §§ 23-481 – 23-520
Art. X. Accidents, §§ 23-521 – 23-529

ARTICLE I. IN GENERAL

Sec. 23-1. Definitions.

As used in this chapter, the following terms shall have the meanings respectively ascribed to them:

Alley or Alleyway shall mean any street with a roadway of less than twenty (20) feet in width.

Authorized emergency vehicle shall mean 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 or constable or deputy sheriff, traffic officer or any privately owned vehicle operated as an ambulance when responding to emergency calls.

Bicycle shall mean every vehicle propelled solely by human power upon which any persons may ride, having two (2) tandem wheels, except scooters and similar devices.

Bus shall mean any vehicle or motorcar designed and used for the purpose of carrying more than seven (7) persons.

________________

Cross references-Any ordinance establishing any speed limit, one-way street, traffic device, signal or marking, any parking regulation, or any limitation placed upon the use of any specific street for vehicles or pedestrians saved from repeal, § 1-8(21); any ordinance prescribing traffic regulations for specific location, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones saved from repeal, § 1-8(22); damaged or disabled vehicles, § 13-21 et seq.; offenses, Ch. 14; noise restrictions on vehicle horns, § 14-87(b)(1); vehicular noise restrictions generally, §14-87(b)(4); noise restrictions on vehicle exhausts, §14-87(b)(6); driving or parking motor vehicles on city park property, § 15-10; police, Ch. 17; streets, sidewalks and other public places, Ch. 20; visual obstructions at street intersections, § 20-181; streets signs for subdivisions, § 21-104; motor vehicle license tax, § 22-161 et seq.; vehicles for hire, Ch. 26.
State law references-Motor vehicles, RSMo Ch. 300 et seq.; municipal regulation of traffic, RSMo 304.120.

Business district shall mean the territory contiguous to and including 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 side or three hundred feet collectively on both sides of the highway.

Central business or traffic district shall mean all streets and portions of streets within the area described by city ordinance as such.

Commercial vehicle shall mean every vehicle designed, maintained or used primarily for the transportation of property.

Controlled-access highway shall mean 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 shall mean:

(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 shall mean the lateral boundaries of that portion of a street designated for the use of vehicles, whether marked with curbstones or not.

Curb loading zone shall mean a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

Driver shall mean every person who drives or is in actual physical control of a vehicle.

Electric personal assistive mobility device shall mean a self-balancing, two (2) non-tandem wheeled device, designed to transport only one person, with an electric propulsion system with an average power of seven hundred fifty (750) watts (one horse power), whose maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator who weighs one hundred seventy (170) pounds, is less than twenty (20) miles per hour.

Freight curb loading zone shall mean a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or passengers.

Highway shall mean 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 shall mean 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 shall mean:

(1) 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 (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 (3) feet or more apart, then every crossing of two (2) roadways of any such highways shall be regarded as a separate intersection.

Laned roadway shall mean a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.

Live load shall mean the weight of the cargo of a commercial vehicle, in addition to that of the chassis and body of the vehicle.

Motor vehicle shall mean any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.

Motorcycle shall mean every motor vehicle having a seat or saddle for the use of the rider and which is designed to travel on not more than three (3) wheels in contact with the ground, and which has a cylinder capacity of more than fifty (50) cubic centimeters if gas powered or produces more than 2,237.1 watts of power if electric powered, excluding tractors.

Motorized bicycle shall mean any two-wheeled or three-wheeled device having fully operative pedals capable of propulsion by human power, an automatic transmission and a motor with a cylinder capacity of not more than fifty (50) cubic centimeters, which produces less than two (2) gross brake horsepower, and is capable of propelling the device at maximum speed of not more than thirty (30) miles per hour on level ground.

Official time standard shall mean standard time or daylight-saving time as may be in current use in the city.

Official traffic-control devices shall mean all signs, signals, markings and devices not inconsistent with this chapter 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 shall mean a street where vehicles are required to move in one direction only.

Operator shall mean any person who is in actual physical control of a vehicle.

Other motorized device shall mean any two or three-wheeled gasoline or electric powered device that is not a motorized bicycle, motorcycle, electric personal assistive mobility device or motorized wheelchair.

Park or parking shall mean 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 control officer shall mean a commissioned employee of the city police department authorized to enforce violations of sections 23-266 to 23-369 by issuing summons or parking tickets.

Passenger curb loading zone shall mean a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

Pedestrian shall mean any person afoot.

Pneumatic tires shall mean tires of rubber or other substance and fabric, inflated with air.

Police officer shall mean 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.

Private road or driveway shall mean 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.

Railroad shall mean a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.

Railroad train shall mean a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.

Residence district shall mean the territory contiguous to and including a highway not comprising a business district when the property on any 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 shall mean the right of a 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 shall mean 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” shall refer to any such roadway separately but not to all such roadways collectively.

Safety zone shall mean 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 zone shall mean 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 shall mean 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.

Solid tires shall mean tires of rubber or other resilient material, other than pneumatic tires.

Stand or standing shall mean 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 shall mean a highway maintained by this state as a part of the state highway system.

Stop when required, shall mean complete cessation from movement.

Stop or stopping, when prohibited, shall mean 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 shall mean the entire width between the lines of every public way publicly maintained when any part thereof is open to the uses of the public for purpose of vehicular travel.

Taxicab shall mean a motor vehicle other than a motor bus or service car offered for or engaged in carrying passengers for hire.

Through highway shall mean 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 any such through highway in obedience to either a stop sign or a yield sign, when any such signs are erected as provided in this chapter.

Tractor shall mean any motor vehicle designed primarily for agricultural use or used as a traveling power plant or for drawing other vehicles or farm or road-building implements and having no provision for carrying loads independently.

Traffic shall mean pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any street for purposes of travel.

Traffic-control signal shall mean any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed.

Traffic division shall mean the traffic division of the police department of the city.

Trailer shall mean any vehicle without motive power designed for carrying passengers or property on its own structure for being drawn by any vehicle, except those running exclusively on tracks including a semitrailer or vehicle of the trailer type, so designed and used in connection with any vehicle that a considerable part of its own weight rests upon and is carried by the towing vehicle.

Truck shall mean any vehicle, machine, tractor, trailer or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed or used in the transportation of property upon the highways.

Vehicle shall mean any mechanical device on wheels, designed primarily for use, or used, on highways, except motorized bicycles, vehicles propelled or drawn by houses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped persons.
(Ord. No. 1970, §§ 25-1, 25-370; Ord. No. 2162, § 1, 4-9-84; Ord. No. 4049, §§ 1, 2, 9-15-05)
Cross reference-Definitions and rules of construction generally, § 1-2.
State law reference-Similar definitions, provisions, RSMo 300.010, 304.044(1), (2), 307.180

Sec. 23-2. Certain traffic regulations continued in effect.

Each ordinance which is in effect immediately prior to the effective date of this Code and which is for the purpose of regulating the speed of motor vehicles upon the public streets, establishing one-way streets and alleys, establishing stop signs and signals for the purpose of regulating and stopping motor vehicle traffic upon the public streets, prohibiting the parking of motor vehicles upon the public streets at all times or at specified times and setting fines therefor, and designating public streets upon which commercial vehicles may not operate shall continue in full force and effect from and after the effective date of this Code and not be repealed until such time as additional ordinances shall be adopted and become effective in accordance with this chapter.

Sec. 23-3. Official traffic-control devices continued in effect.

All official traffic-control devices which are lawfully in place immediately prior to the effective date of this Code are hereby redesignated as official traffic-control devices, and each shall continue to be such until changed, replaced or removed pursuant to ordinance of the city council or directive of the city traffic engineer.

Sec. 23-4. Schedules to be on file in city clerk’s office.

The city clerk shall maintain appropriate schedules showing the current status of ordinances and of official acts of the city traffic engineer relating to:

(1) Speed regulations;

(2) One-way streets and alleys;

(3) Designation of through streets;

(4) Metered parking;

(5) Prohibited and limited uses of designated streets;

(6) Places where turning movements are prohibited or limited;

(7) Places designated as zones of any classification;

(8) Stop and yield intersections;

(9) Crosswalks and traffic lanes;

(10)Carrier and taxicab stops and stands;

(11)Purpose, type and location of official traffic-control devices;

(12)Such other matters of a similar nature as may be directed by the city council or the city traffic engineer.
Cross reference-Enumeration of ordinances saved from repeal pertaining to traffic regulations, App. I.

Sec. 23-5. Applicability of chapter to public employees.

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, this state, county or 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.
(Code 1970, § 2-52)
State law reference-Similar provisions, RSMo 300.095.

Sec. 23-6. Applicability of chapter to persons riding bicycles or animals, propelling pushcarts.

Every person propelling any pushcart or riding a bicycle or an animal upon a roadway, and every 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.
(Code 1970, § 25-50)
Cross reference-Animals generally, Ch. 5
State law reference-Similar provisions, RSMo 300.085.

Sec. 23-7. Obedience to police and fire department officials.

No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official.
(Code 1970, § 25-49)
Cross reference-Animals generally, Ch. 5.
State law reference-Similar provisions, RSMo 300.080.

Sec. 23-8. Commercial vehicles prohibited from using certain streets.

In cases where an equally direct and convenient alternative route is provided, an ordinance may describe and signs may be erected giving notice thereof, that no persons shall operate any commercial vehicle upon streets or parts of streets so described except those commercial vehicles making deliveries thereon.
(Code 1970, § 25-189)
Cross reference-Streets, sidewalks and other public places, Ch. 20.
State law reference-Similar provisions, RSMo 300.550.

Sec. 23-9. Use of toy vehicles.

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, that person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.
(Code 1970, § 25-51; Ord. No. 2554, § 1, 2-12-90)
State law reference-Similar provisions, RSMo 300.090.

Sec. 23-10. Reserved.

Editor’s note-Ord. No. 2554, § 2, adopted February 12, 1990, rescinded § 23-10, play streets, in its entirety. Former § 23-10 derived from the Code of 1970, § 25-186 and § 25-316.

Sec. 23-11. Clinging to vehicle.

No person riding upon any bicycle, motorized bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
(Code 1970, § 25-313)
State law reference-Similar provisions, RSMo 300.350.

Sec. 23.12. Manner of riding on vehicles.

It shall be unlawful for any person to ride upon the fender, running board, hood, top, tank, luggage carrier, in the unenclosed bed of a truck, or any other portion of a vehicle not designed or intended for the use of passengers, when the vehicle is in motion, of any vehicle operated on any street, way or parking lot, public or private, upon which the public is invited to travel, or for the operator thereof to permit any person to so ride on any vehicle, or to thus operate such vehicle when anyone is so riding thereon. This section shall not apply to persons within the exemptions in RSMo 304.655.2 This section shall not apply to:

(a) An employee engaged in the necessary discharge of the employee’s duties where it is necessary to ride in the unenclosed bed of a truck;

(b) Any person while engaged in agricultural activities where it is necessary to ride in the unenclosed bed of a truck;

(c) Any person riding in the unenclosed bed a of truck while such truck is being operated in a parage, caravan or exhibition, which is authorized by law;

(d) Any person riding in the unenclosed bed of a truck if such truck has installed a means of preventing such person from being discharged or such person is secured to the truck in a manner which will prevent the person from being thrown, falling or jumping from the truck;

(e) Any person riding in an unenclosed bed of a truck if such truck is being operated solely for the purposes of participating in a special event and it is necessary that the person ride in such unenclosed bed due to a lack of available seating. “Special event,” for the purposes of this section, is a specific social activity of a definable duration which is participated in by the person riding in the unenclosed bed;

(f) Any person riding in an unenclosed bed of a truck if such truck is being operated solely for the purposes of providing assistance to, or ensuring the safety of, other persons engaged in a recreational activity; or

(g) Any person riding in an unenclosed bed of a truck if such truck is the only legally titled, licensed and insured vehicle owned by the family of the person riding in the unenclosed bed and there is insufficient room in the passenger cab of the truck to accommodate all passengers in such truck. For the purposes of this section the term “family” shall mean any persons related within the first degree of consanguinity.
(Code 1970, § 25-12; Ord. No. 3636, § 2, 6-11-01)

Sec. 23-13. Opening vehicle door.

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.
(Code 1970, (d) 25-309)
State law reference-Similar provisions, RSMo 300.340.

Sec. 23-14. Boarding or alighting from vehicles.

It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion.
(Code 1970, § 25-11)

Sec. 23-15. Loads which might become dislodged to be secured.

Every motor vehicle operating upon the streets of the city and carrying goods or material or farm products which may reasonably be expected to become dislodged and fall therefrom as a result of wind pressure or air pressure or by the movement thereof shall have a protective cover or be sufficiently secured so that no portion of an such goods or material can become dislodged and fall therefrom while being transported or carried.
State law reference-Similar provisions, RSMo 307.010(1).

Sec. 23-16. Obstruction to operator’s view or driving mechanism.

(a) It shall be unlawful for the operator of any vehicle to drive the same when such vehicle is so loaded, or when there are in the front seat of such vehicle such number of persons, as to obstruct the view of the operator to the front or side, or to interfere with the operator’s control over the driving mechanism of the vehicle.

(b) It shall be unlawful for any passenger in a vehicle to ride in such position as to interfere with the operator’s view ahead or to the sides, or to interfere with the operator’s control over the driving mechanism of the vehicle.

(c) It shall be unlawful for any person to operate a motor vehicle when the driver’s view to the front, side, or rear is obscured by any object in the way of or substance upon the windows or windshield of said vehicle.
(Code 1970, § 25-7; Ord. No. 3711, § 1, 4-8-02)

Sec. 23-17. Placing injurious substances in street.

(a) It shall be unlawful for any person to throw or place on or upon any street of the city any tacks, nails, wires, scrap metal, glass, crockery, sharp stones or other substances injurious to the feet of persons or animals or to the tires or wheels of vehicles.

(b) Any person who has purposely, accidentally or by reason of an accident, dropped from his person or any vehicle, any tacks, nails, wire, scrap metal, glass, crockery, sharp stones or other substances injurious to the feet of persons or animals, or to the tires or wheels of vehicles, including motor vehicles, upon any street shall immediately make all reasonable efforts to clear the street of the substances.
(Code 1970, § 25-8)
Cross reference-Streets, sidewalks and other public places, Ch. 20.
State law reference-State law reference-Similar provisions, RSMo 304.160.

Sec. 23-18. Throwing objects at vehicle.

It shall be unlawful for a person to throw any stone, stick or other object into or at any motor vehicle or other vehicle belonging to another.
(Ord. No. 2631, § 1, 3-25-91)
Editor’s note-Ord. No. 2631, § 1, adopted March 25, 1991, did not specifically amend the Code; therefore, inclusion as § 23-18 was at the discretion of the editor.

Secs. 23-19 – 23-35. Reserved.

ARTICLE II. ADMINISTRATION AND ENFORCEMENT*

  DIVISION 1. GENERALLY

Sec. 23-36. Traffic commission established; duties.

(a) There is established a traffic commission to serve without compensation, consisting of the city manager, the city traffic engineer, the chief of police, the chief of the traffic division and such number of other city officers and representatives of unofficial bodies as may be determined and appointed by the mayor. The chairman of the commission shall be appointed by the mayor and may be removed by him.

_______
*Cross references-Administration generally, Ch. 2; boards, committees, § 2-391 et seq.
(b) It shall be the duty of the traffic commission, and to this end it shall have the authority within the limits of funds at its disposal, to coordinate traffic activities, to supervise, the preparation and publication of traffic reports, to receive complaints having to do with traffic matters, and to recommend to the city council and to the city traffic engineer, the chief of the traffic division and other city officials ways and means for improving traffic conditions and the administration and enforcement of traffic regulations.
(Code 1970, § 25-34)
State law reference-Similar provisions, RSMo 300.070.

Sec. 23-37. Traffic division established.

There is established in the police department a traffic division to be under the control of a police officer appointed by and directly responsible to the chief of police.
(Code 1970, § 25-23)
Cross reference-Police department, § 17-16 et seq.
State law reference-Similar provisions, RSMo 300.015.

Sec. 23-38. Duty of traffic division.

The traffic division with such aid as may be rendered by other members of the police department shall enforce the street traffic regulations of the city and all of the state vehicle laws applicable to street traffic in the city, to make arrests for traffic violations, to investigate accidents and to cooperate with the city traffic engineer and other officers of the city in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the division by this chapter and other traffic ordinances of the city.
Code 1970, § 25-24)
State law reference-Similar provisions, RSMo 300.020.

Sec. 23-39. City traffic engineer.

(a) The office of the city traffic engineer is established. The city traffic engineer shall exercise the powers and duties with respect to traffic as provided in this chapter.

(b) The city traffic engineer shall determine the installation and proper timing and maintenance of traffic-control devices, conduct engineering analyses of traffic accidents and devise remedial measures, conduct engineering investigations of traffic conditions, plan the operation of traffic on the streets and highways of the city, and cooperate with other city officials in the development of ways and means to improve traffic conditions, and carry out the additional powers and duties imposed by ordinances of the city.

(c) The city traffic engineer shall be appointed by, and serve at the pleasure of the city manager.
(Code 1970, § 25-32)
Cross reference-Officers and employees generally, § 2-76 et. Seq.
State law reference-Similar provisions, RSMo 300.060.

Sec. 23-40. Enforcement of traffic laws.

It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police, to enforce all street traffic laws of the city and all of the state vehicle laws applicable to street traffic in the city. It shall be the duty of the parking control officer of the police department to issue summons or traffic violation citation for violations of any ordinances contained in sections 23-266 to 23-369; provided, however, that the parking control officer shall not be armed, nor shall he have the duty or power to arrest for violation of any other sections of this Code or other ordinances.
(Code 1970, § 25-48(a); Ord. No. 2161, § 1, 4-9-83)
State law reference-Similar provisions, RSMo 300.075(1).

Sec. 23-41. Directing of traffic by police and fire department officials.

(a) Officers of the police department, or such officers as are assigned by the police chief, are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided however, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.

(b) Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.
(Code 1970, § 25-48(b), (c)
Cross references-Fire department, § 10-16 et seq.; police department, § 17-10 et seq.
State law reference-Similar provisions, RSMo 300.075(2), (3).

Sec. 23-42. Forms and records of traffic citations and arrests.

(a) The city shall provide books containing uniform traffic tickets as prescribed by Supreme Court Rule No. 37.46. These books shall include serially numbered sets of citations in quadruplicate in the form prescribed by supreme court rule.

(b) Ticket books shall be issued to the chief of police or his duly authorized agent, a record shall be maintained of every book so issued and a written receipt shall be required for every book. The judge or judges hearing municipal ordinance violation cases may require that a copy of any such record and receipts be filed with the court.

(c) The chief of police shall be responsible for the issuance of ticket books to individual members of the police department. The chief of police shall require a written receipt for every book so issued and shall maintain a record of every such book and each set of citations contained therein.
(Code 1970, § 25-70)
State law reference-Similar provisions, RSMo 300.575.

Sec. 23-43. When tickets are to be issued.

Except when authorized or directed under state law to immediately take a person before the municipal judge for the violation of any traffic laws, a police office who halts a person for any such violation other than for the purpose of giving him a warning or warning notice and who does not take the person into custody under arrest, shall issue to him a uniform traffic ticket which shall be proceeded upon in accordance with Supreme Court Rule No. 37.
(Code 1970, § 25-71)
State law reference-Similar provisions, RSMo 300.580.

Sec. 23-44. Issuance of tickets for nonmoving violations; action on failure of violator to appear.

(a) Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the provisions of this chapter or state law, the police officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a uniform traffic ticket for the driver to answer to the charge against him within five (5) days during the hours and at a place specified in the traffic ticket.

(b) If a violator of the provisions of this chapter relative to stopping, standing or parking under the traffic laws or ordinances does not appear in response to a uniform traffic ticket affixed to any such motor vehicle within a period of five (5) days, the traffic division shall send to the owner of the motor vehicle to which the traffic ticket was affixed a letter informing him of the violation and warning him that in the event the letter is disregarded for a period of five (5) days a warrant of arrest will be issued.
(Code 1970, §§ 25-72, 25-73)
State law reference-Similar provisions, RSMo 300.585, 300.590.

Sec. 23-45. Authority of municipal judge to order attendance at motor vehicle safety courses in lieu of, or in addition to other penalties.

The municipal judge, when a person has been found guilty of violating any municipal ordinance involving the operation of a motor vehicle, may suspend sentencing pending the successful completion by the convicted person of a course of educational training designed to improve the safety habits of drivers, or may order the convicted person to attend such a course in lieu of or in addition to the penalty otherwise provided by law for the offense.
(Code 1970, § 7-11.1)
Cross reference-Municipal judge, § 8-21 et seq.

Sec. 23-46. Payment of fines.

(a) Any person charged with an offense under this chapter for which payment of a fine may be made to the traffic violations bureau shall have the option of paying any such fine within the time specified in the notice of arrest at the traffic violations bureau upon entering a plea of guilty and upon waiving appearance therein; or may have the option of depositing required lawful bail, and upon a plea of not guilty shall be entitled to a trial as authorized by law.

(b) The payment of a fine to the traffic violation bureau shall be deemed an acknowledgment of conviction of the alleged offense, and the bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.
State law reference-Similar provisions, RSMo 300.555.

Sec. 23-47. Records of traffic violations.

(a) The police department or the traffic division thereof shall keep a record of all violations of the traffic ordinances of the city or of the state vehicle laws of which any person has been charged, together with a record of the final disposition of all such alleged offenses. This record shall be so maintained as to show all types of violations and the total of each. The record shall accumulate during at least a five-year period and from that time on the record shall be maintained complete for at least the most recent five-year period.

(b) All forms for records of violations and notices of violations shall be serially numbered. For each month and year a written record shall be kept available to the public showing the disposal of all such forms.

(c) All such records and reports shall be public records.
(Code 1970, § 25-25)
State law reference-Similar provisions, RSMo 300.025.

Sec. 23-48. Driver files to be maintained.

The police department or the traffic division thereof shall maintain a suitable record of all traffic accidents, warnings, arrest, convictions, and complaints reported for each driver, which shall be filed alphabetically under the name of the driver concerned.
(Code 1970, §25-29)
State law reference-Similar provisions, RSMo 300.045.

Sec. 23-49. Traffic division to submit annual traffic safety report.

The traffic division shall annually prepare a traffic report which shall be filed with the mayor. The report shall contain information on traffic matters in the city as follows:

(1) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident date;

(2) The number of traffic accidents investigate and other pertinent data on the safety activities of the police;

(3) The plans and recommendations of the division for future traffic safety activities.
(Code 1970, § 25-300
State law reference-Similar provisions, RSMo 300.050.

Sec. 23-50. Emergency and experimental regulations.

The police chief, by and with the approval of the city traffic engineer, is hereby empowered to make regulations necessary to make effective the provisions of the traffic ordinances of the city and to make and enforce temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulation shall remain in effect for more than ninety (90) days.
(Code 1970, § 25-33)
State law reference-Similar provisions, RSMo 300.65.

Sec. 23-51. Designation, maintenance of crosswalks.

The city traffic engineer is hereby authorized to designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary.
(Code 1970, § 25-187(a)
State law reference-Similar provisions, RSMo 300.195(1).

Sec. 23-51. Designation, maintenance of crosswalks.

The city traffic engineer is hereby authorized to designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary.
(Code 1970, § 25-187(a)
State law reference-Similar provisions, RSMo 300.195(1).

Sec. 23-52. Establishment of safety zones.

The city traffic engineer is hereby authorized to establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.
(Code 1970, § 23-187(b).
State law reference-Similar provisions, RSMo 300.195(2).

Sec. 23-53. Marking of traffic lanes; observance.

The city traffic engineer is hereby authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary. Where any such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep his vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.
(Code 1970, § 28-59)
State law reference-Similar provision, RSMo 300.200.

Sec. 23-54. Closing of streets.

(a) The city traffic engineer is hereby authorized, with the approval of the city manager, to close any street, alley, public place or highway and withdraw the same from public use temporarily and during such period as public work thereon or other public emergency or expediency shall make such action necessary. No person shall use or attempt to use such street, alley, public place or highway so withdrawn from public use or drive or attempt to drive any vehicle or animal thereon.
(b) The city traffic engineer shall place a sign or placard at each end of the portion withdrawn from public use, such placard or sign to have the following words printed thereon in letters three (3) inches high: “Street Closed. This street is closed to public use by authority of Chapter 23 of the Code of Ordinances of the City of Warrensburg.”
(Code 1970, § 25-5)
Cross reference-Streets, sidewalks and other public places, Ch. 20.

Sec. 23-55. Impoundment of vehicles.

(a) Members of the police department are authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the police department, or otherwise maintained by the city under the circumstances hereinafter enumerated:

(1) When any vehicle is left unattended upon any bridge, viaduct or causeway, or in any tube or tunnel where the vehicle constitutes an obstruction to traffic;

(2) When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide its custody or removal;

(3) When any vehicle is left unattended upon a street and is either illegally parked or constitutes a definite hazard of obstruction to the normal movement of traffic;

(4) When any vehicle is left parked upon a street in excess of forty-eight (48) continuous hours.

(b) Whenever a police officer removes a vehicle from a street as authorized in this section and he knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, the officer shall immediately give or cause to be given notice in writing to any such owner of the fact of the removal and the reasons therefor and of the place to which the vehicle has been removed. In the event any such vehicle is stored in a public garage, copy of this notice shall be given to the proprietor of the garage.

(c) Whenever a police officer removes a vehicle from a street pursuant to this section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event the officer shall immediately send or cause to be sent a written report of the removal by mail to the state department, whose duty it is to register motor vehicles, and shall file a copy of the notice with the vehicle may be stored. This notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for its removal and the name of the garage or place where the vehicle is stored.
(Code 1970, § 25-74; Ord. No. 2190, § 2, 8-13-84; Ord. No. 2816, §§ 1, 2, 2-8-93)
State law reference-Similar provision, RSMo 300.595.

Secs. 23-56 – 23-70. Reserved.

  DIVISION 2. TRAFFIC VIOLATIONS BUREAU*

Sec. 23-71. Established.

The traffic violations bureau is hereby established.

Sec. 23-72. General duties.

The following duties are hereby imposed upon the traffic violations bureau in reference to traffic offenses;

(1) It shall accept designated fines, issue receipts, and represent in court such violations as are permitted and desire to plead guilty, waiver court appearance, and give power of attorney.

(2) It shall receive and issue receipts for cash bail from the persons who must or wish to be head in court, enter the time of their appearance on the court docket, and notify the arresting officer and witnesses, if any, to be present.
State law reference-Similar provision, RSMo 300.560.

Sec. 23-73. Records and reports.

The traffic violations bureau shall keep and submit summarized monthly reports to the municipal court of all notices issued and arrests made for violations of the traffic laws and ordinances in the city and of all the fines collected by the traffic violations bureau or the court, and of the final disposition or present status of every case of violation of the provisions of said laws and ordinances. These records shall be so maintained as to show all types of violations and the totals of each. The records shall be public records.
State law reference-Similar provisions, RSMo 300.565.

Sec. 23-74. Additional duties.

The traffic violations bureau shall follow the procedure as may be prescribed by the traffic regulations of the city or as may be required by any laws of the state.
State law reference-Similar provisions, RSMo 300.570.

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*Cross references-Boards, commissioners and committees generally, § 2-391 et seq.; supervision of traffic violations bureau, § 8-5.

Secs. 23-75 – 23-90. Reserved.

ARTICLE III. OPERATIONS OF VEHICLES

  DIVISION 1. GENERALLY

Sec. 23-91. Operator’s or chauffeur’s license required; exceptions; restrictions.

(a) Unless otherwise provided for by law, it shall be unlawful for any person, except those expressly exempted by RSMo 302.080 to:

(1) Operate any vehicle upon a street or highway in the city unless the person has a valid license to operate said vehicle.

(2) Operate any vehicle in violation of restrictions placed upon said operator by the Missouri Department of Revenue.

(3) Authorize or knowingly permit a vehicle owned by, or under control of said person to be operated upon as street or highway in the city by any person who does not have a valid license to operate said vehicle.

(4) Operate any vehicle upon a street or highway in the city and not have in possession the license issued by a state, and shall display said license to any police officer or other duly authorized person, for inspection when demand is made therefore.

(5) Drive any motor vehicle upon a street or highway in the city when his or her license or driving privilege has been canceled, suspended, or revoked under the laws of the state, or the state from which the person most recently held a valid operator’s license.

(b) Any person convicted of an offense under, or pleading guilty to violation of section 23-91(a)(5) shall serve a minimum of forty-eight (48) consecutive hours in the county jail whether or not sentence is imposed or execution of sentence is suspended, unless such person performs at least forty (40) hours of community service over a period of ten (10) days under supervision of the court.
(Code 1970, §§ 15-1, 25-2; Ord. No. 3154, § 1, 7-8-96; Ord. No. 3495, §§ 1, 2, 11-22-99)

Sec. 23-92. Vehicles to be driven carefully.

Every person operating a motor vehicle on any street or highway in this city shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.
(Code 1970, §§ 25-161, 25-318)
State law reference-Similar provisions, RSMo 304.010(1).

Sec. 23-93. Operation of authorized emergency vehicles

(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated in this section.

(b) The driver of an authorized emergency vehicle may:

(1) Park or stand, irrespective of the provisions of this chapter;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(3) Exceed the maximum speed limits so long as he does not endanger life or property;
and;

(4) Disregard regulations governing direction of movement or turning in specified directions.

(c) The exemptions granted in this section to an authorized emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds an audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicles is equipped with at least one (1) lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of the vehicle.

(d) The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall theses provisions protect the driver from the consequences of his reckless disregard for the safety of others.
(Code 1970, § 25-53)
State law reference-Similar provisions, RSMo 300.100, 304.022, 307.175.

Sec. 23-94. Vehicles to be driven on right half of roadway.

(a) All vehicles not in motion shall be placed with their right side as near the right-hand side of the roadway as practicable, except on streets where vehicles are obliged to move in one (1) 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 rules governing such movement;

(2) When placing a vehicle in position for and when the vehicle is lawfully making a lawful left turn;

(3) When the right half of a roadway is closed to traffic while under construction or repair;

(4) Upon a roadway designated by ordinance as a one-way street and marked or signed for one-way traffic.

(c) It is unlawful to drive any vehicle upon any street or highway which has been divided into two (2) 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 any such barrier or dividing section, or to make any left turn or semicircular or U-turn on any such divided highway, except in a crossover or intersection.

(d) The city traffic engineer or the police department may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway, and all police officers may direct traffic in conformance with any such signs. When authorized signs have been erected designating offcenter traffic lanes, no person shall disobey the instructions given by any such signs.

(e) Whenever any roadway has been divided into three (3) or more clearly marked 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 that lane until the driver has first ascertained that such a movement can be made with safety;

(2) Upon a roadway which is divided into three (3) 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 the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is sign –posted to give notice of any such allocation;

(3) Upon all roadways, 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, except as otherwise provided;

(4) Official signs may be erected by the city traffic engineer or the police department may place temporary signs directing slow moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign;

(5) 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 traveled portion of the roadway whenever possible.

(f) All vehicles in motion upon a roadway having two (2) 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.
(Code 1970, § 25-103)
State law reference-Similar provisions, RSMo 304.015.

Sec. 23-95. Hand mechanical signals.

(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 a movement can be made with reasonable safety and then only after the giving of an appropriate signal in the following manner:

(1) Any driver when stopping, or when checking the speed of his vehicle, if the movement of other vehicles may reasonably be affected by any 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.

(2) Any 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.

(3) Any 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 center line of the highway along which he is proceeding before turning.

(b) The signals required by this section shall be given either by means of the hand and arm or by a signal light or signal device in good mechanical condition of type approved by the state highway patrol; provided, however, that when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear thereof, then any such signals shall be given by light or device.
(Code 1970, §§ 25-133, 25-134)
State law reference-Similar provisions, RSMo 304.019.

Sec. 23-96. Vehicles obstructing intersections, crosswalks.

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed.
(Code 1970, § 25-207)
State law reference-Similar provisions, RSMo 300.290.

Sec. 23-97. Driving through safety zone prohibited.

No vehicle shall at any time be driven through or within a safety zone.
Code 1970, § 25-315)
State law reference-Similar provisions, RSMo 300.365.

Sec. 23-98. Driving onto or from controlled-access roadways.

No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority.
(Code 1970, § 25-314)
State law reference-Similar provisions, RSMo 300.355.

Sec. 23-99. Driving vehicle on sidewalk or curbs.

The driver of a vehicle shall not drive over, upon or across raised curbs or sidewalk areas except at a permanent driveway.
(Code 1970, § 25-307; Ord. No. 2727, § 3, 3-9-92)
Cross reference-streets, sidewalks and other public places, Ch. 20.
State law reference-Similar provisions, RSMo 300.330.

Sec. 23-100. Corner cutting.

It shall be unlawful for any person to drive any motor vehicle upon or across any sidewalk, driveway, filling station or other commercial driveway or other similar surface located at the corner of any intersection protected by a traffic light or other traffic signal or sign, for the purpose of evading the regulations governing the turning of motor vehicles at intersections.
(Code 1970, § 25-317)

Sec. 23-101. Riding on motorcycles.

A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator.
(Code 1970, §§ 25-6, 25-3 10)
State law reference-Similar provisions, RSMo 300.345(1).

Sec. 23-102. Limitations on backing.

The driver of a vehicle shall not back the same unless such a movement can be made with reasonable safety and without interfering with other traffic.
(Code 1970, § 25-308)
Cross reference-Fire prevention and protection, Ch. 10.
State law reference-Similar provisions, RSMo 300.300.

Sec. 23-103. Following fire apparatus.

It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than five hundred (500) feet any fire apparatus traveling in response to a fire alarm, or to drive into or stop any vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
(Code 1970, §§ 25-300, 25-302)
Cross reference-¬Fire prevention and protection, Ch. 10.
State law reference-Similar provisions, RSMo 300.300.

Sec. 23-104. Crossing fire hose prohibited.

In order to prevent injury to fire hose when laid in or across a street or alley, every driver of any vehicle must drive around the hose and if that cannot be done, then said driver shall turn the vehicle around and proceed over some other street or alley.
Code 1970, § 25-301)
Cross reference-Fire prevention and protection, Ch. 10.
State law reference-Similar provisions, RSMo 300.305.

Sec. 23-105. Proof of financial responsibility.

(a) No person shall operate, register or maintain registration of a motor vehicle, or permit another person to operate that motor vehicle, unless financial responsibility for that motor vehicle or operator is maintained which complies with the laws of the State of Missouri. During the course of any lawful traffic stop or during any accident investigation all owners and/or operators shall produce proof of financial responsibility upon request of any police officer.

(b) No person shall be in violation for failure to maintain financial responsibility on a motor vehicle that is either inoperable or being stored and not operated.

(c) No person shall be deemed guilty of violating this section if he or she may later demonstrate to the court that financial responsibility had been maintained on the operator or motor vehicle at the time of citation, even though said owner or operator failed to provide proof at the time of citation.

(d) The city, shall, upon conviction, notify the director of revenue of the same in conformity with RSMo 303.025, and as the same may be amended.
(Ord. No. 3625, § 1, 5-14-01)

Secs. 23-106 – 23-120. Reserved.

  DIVISION 2. DRIVING WHILE INTOXICATED,
  DRIVING WITH EXCESSIVE BLOOD ALCOHOL CONTENT*

Sec. 23-121. Definitions.

(a) As used in this division, the term “drive,” “driving,” “operates” or “operating” means physically driving or operating or being in actual physical control of a motor vehicle.

(b) As used in this division, a person is in an “intoxicated condition” when he is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
Cross reference-Definitions and rules of construction generally, § 1-2.
State law reference-Similar definitions, RSMo 577.001.

Sec. 23-122. Driving while intoxicated prohibited.

A person commits the offense of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugged condition.
(Code 1970, § 25-117)
State law reference-Similar provisions, RSMo 577.010(1).
_________
*Cross references-Alcoholic beverages, Ch. 3; offenses against public safety, § 14-101 et seq.

Sec. 23-123. Driving with excessive blood alcohol content prohibited.

(a) A person commits the offense of driving with excessive blood alcohol content if he operates a motor vehicle in this city with eight-hundredths (.08) of one (1) percent or more by weight of alcohol in his blood.

(b) As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood and may be shown by chemical analysis of the person’s blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person’s blood under this section, the test shall be conducted in accordance with the provisions of RSMo 577.020 to 577.041 and as the same may be amended.
(Code 1970, § 25-13; Ord. No. 3654, § 1, 8-13-01)
State law reference-Similar provisions, RSMo 577.012(1), (2).

Secs. 23-124 – 23-140. Reserved.

  DIVISION 3. SPEED*

Sec. 23-141. State speed laws applicable.

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 this event, it shall be unlawful for any person to drive a vehicle at a speed in excess of the speed declared when signs are in place giving notice thereof. No city ordinance shall regulate the speed of vehicles upon controlled access highways of the state.
(Code 1974, §§ 25-158, 25-160)
State law reference-Similar provisions, RSMo 300.205.
___________

*State law reference-Municipal authority to establish reasonable speed regulations, RSMo 304.120(1).

Sec. 23-142. Maximum speed limit established.

No person shall operate any vehicle on any street within the city at a greater speed than twenty-five (25) miles per hour, unless signs are erected designating another speed.
(Code 1970, § 25-159)

Sec. 23-143. Speed-determining mechanisms.

The use of, and results determined by, any speed meter, machine or mechanism which seeds to reduce the error of manual operation to a minimum shall be acceptable as evidence where driving in excess of posted speed limits is the cause of action; provided, however, that the use thereof shall not be construed to exclude any competent evidence secured by any other manner or means.
(Code 1970, § 25-163)

Sec. 23-144. Regulation of speed by traffic signals.

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.
(Code 1970, § 25-164)
Cross reference-Similar provisions, RSMo 300.210.

Sec. 23-145. Regulation of slow speed.

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 the law. Police 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 directions of an officer in accordance herewith, the continued slow operation by a driver shall be an offense.
(Coe 1970, § 25-162)
State law reference –Similar provisions, RSMo 304.011.

Secs. 23-146 – 23-160. Reserved.

  DIVISION 4. RIGHT-OF-WAY

Sec. 23-161. Right-of-way at intersections-Generally.

(a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different street; provided, however, there is no form of traffic control at the intersection.

(b) When two (2) vehicles enter an intersection from different streets 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. This section shall not apply to vehicles approaching each other from opposite directions when the driver of one (1) of the vehicles is attempting to or is making a left turn.

(c) The provisions of this section shall apply to cross-street intersections, but at roundabouts, T-intersections and other intersections not of cross-street design, right of way shall be determined by traffic markings, signs and control devices as determined under section 23-167.
(Code 1970, §§ 25-111, 23-112; Ord. No 4025, § 1, 6-27-05)
State law reference-Similar provisions, RSMo 304.351(1), (2).

Sec. 23-162. Same – Left turns.

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.
(Code 1970, § 25-113).
State law reference-Similar provisions, RSMo 304.351(3).

Sec. 23-163. Same – when stop required.

Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersections, indicated by a stop sign, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic in the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.
Code 1970, § 25-115)
State law reference-Similar provisions, RSMo 304.351(4)(1)(a).

Sec. 23-164. Same – When yielding required.

The driver of a vehicle approaching an otherwise unmarked intersection shall slow down to a speed reasonable to the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time traffic is moving across or within the intersection.
State law reference-Similar provisions, RSMo 304.351(4)(1)(b).

Sec. 23-165. Through streets designated.

Those streets and parts of streets described by ordinance of the city are declared to be through streets for the purposes of this division.
(Code 1970, § 25-200)
Cross reference-Streets, sidewalks and other public places, Ch. 20.
State law reference-Similar provisions, RSMo 300.255.

Sec. 23-166. Placement, maintenance of stop signs at through streets.

Whenever any through street is established by the city council, it shall be the duty of the city traffic engineer to place and maintain a stop sign on each and every street intersecting any such through street unless traffic at any such intersection is controlled at all times by traffic-control signals; provided, however, that at the intersection of two (2) through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of the streets as may be determined by the city traffic engineer upon the basis of an engineering and traffic study.
(Code 1970, § 25-201)
State law reverence-Similar provisions, RSMo 300.260.

Sec. 23-167. Other intersections where stop or yield required.

The city traffic engineer is hereby authorized to determine and designate intersections where particular hazard exist upon other than through streets and to determine whether vehicles shall stop at one (1) or more entrances to any such intersection, in which event he shall cause to be erected a stop sign at every such place where a stop is required, or whether vehicles shall yield the right-of-way to vehicles on a different street at such intersection as prescribed in section 23-170, in which event he may cause to be erected a yield sign at every place where obedience thereto is required.
(Code 1970, § 25-202)

Sec. 23-168. Position for stopping at certain intersections.

(a) The driver of a vehicle approaching an otherwise unmarked intersection, if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection, or if there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

(b) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.
State law reference-Similar provisions, RSMo 300.270.

Sec. 23-169. Driver to yield right-of-way at stop intersections.

Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop and, after having stopped, shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.
(Code 1970, § 25-204)
State law reference-Similar provisions, RSMo 300.275.

Sec. 23-170. Vehicle entering yield intersection.

The driver of a vehicle approaching an otherwise unmarked intersection shall slow down to a speed reasonable for the existing conditions and shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection; provided, however, that if any such driver is involved in a collision with a vehicle in the intersection, after driving past such an intersection without stopping, the collision shall be deemed prima facie evidence of his failure to yield right-of-way.
Code 1970, § 25-505)
State law reference-Similar provisions, RSMo 300.280.

Sec. 23-171. Duty of driver upon approach of authorized emergency vehicle.

(a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

(b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(Code 1970, § 25-54)
State law reference-Similar provisions, RSMo 300.105, 304.022.

Sec. 23-172. Vehicles emerging from alley, building, private road or driveway.

The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway and shall yield the right-of-way to any pedestrian as may be necessary to avoid a collision and, upon entering the roadway, shall yield the right-of-way to all vehicles approaching on the roadway.
(Code 1970, § 25-206)
State law reference-Similar provisions, RSMo 300.285, 304.351(5).

Sec. 23-173. Vehicles intending to make left turn into alley, private road or driveway.

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 any such left turn would create a traffic hazard.
(Code 1970, § 25-114)
State law reference-Similar provisions, RSMo 304.351(6).

Sec. 23-174. Stop required at railroad grade crossing, when.

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of any such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;

(3) An approaching railroad train is plainly visible and is in hazardous proximity to any such crossing.

(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while any such gate or barrier at a railroad crossing while any such gate or barrier is closed or is being opened or closed.
(Code 1970, § 25-208)
Cross reference-Railroads, Ch. 18.
State law reference-Similar provisions, RSMo 300.295, 304.035.

Sec. 23-175. Traffic movement around emergency vehicles.

(a) Upon approaching a stationery emergency vehicle displaying lighted red or blue lights, the driver of every motor vehicle shall:

(1) Proceed with caution and reduce the speed of their vehicle, if possible with due regard to safety and traffic conditions, change lanes into a lane not adjacent to the emergency vehicle if on a roadway having at least four (4) lanes, with not less than two (2) lanes proceeding in the same direction; or

(2) Proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions.
(Ord. No. 3877, § 1, 2-23-04)

Secs. 23-176-23-185. Reserved.

  DIVISION 5. OVERTAKING AND PASSING

Sec. 23-186. No passing zones.

(a) The city traffic engineer is hereby authorized to locate and mark with yellow lines in or adjacent to the center of the road those sections of roads in which passing a vehicle traveling in the same direction is prohibited by city ordinance, or in which such passing is found by the police department to be unsafe, considering the contour of the ground, the direction and width of the road, the presence of connecting or cross roads and the adjacent land uses.

(b) It shall be unlawful for any person to operate a vehicle across such yellow lines when located in the traffic lane in which such vehicle is traveling.
(Code 190, § 25-109)

Sec. 23-187. Drivers to sound signaling device before passing.

Any operator or driver overtaking and desiring to pass a vehicle shall sound his horn before starting to pass.
(Code 1970, § 25-104)
State law reference-Similar provisions, RSMo 304.016(1)(1).

Sec. 23-188. Position of vehicle when passing.

Except where overtaking and passing on the right is permitted, 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.
(Code 1970, § 25-104)
Similar law reference-Similar provisions, RSMo 304.016(1)(2).

Sec. 23-189. Duty of driver of overtaken vehicle.

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 the speed of his vehicle until completely passed by the overtaking vehicle.
(Code 1970, § 25-106)
State law reference-Similar provisions, RSMo 304.016(1)(3).

Sec. 23-190. Limitations on passing on the left.

(a) Except when a roadway has been divided into three (3) traffic lanes, no vehicle shall be driven to the left side of the center line of any roadway in this city in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit any 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.

(b) No vehicle shall, in overtaking and passing another vehicle proceeding in the same direction, 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 in the event another vehicle might approach from the opposite direction;

(2) When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct or tunnel or when approaching within one hundred feet of or at any intersection.

(Code 1970, §§ 25-105, 25-108)
State law reference-Similar provisions, RSMo 304.016(3), (4).

Sec. 23-191. When passing on the right is permitted.

(a) 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 (2) or more lines of vehicles in each direction;

(3) Upon a one-way street.

(b) The driver of a motor vehicle may overtake and pass another vehicle upon the right only under the foregoing conditions when any such movement may be made in safety. In no event shall any such movement be made by driving off the paved or main-traveled portion of the roadway.

(c) The provisions of this section 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.
(Code 1970, § 25-107)
State law reference-Similar provisions, RSMo 304.016(2).

Sec. 23-192. Passing vehicle at crosswalk prohibited.

Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass any such stopped vehicle.
(Code 1970, § 25-343(d).
State law reference-Similar provisions, RSMo 300.375(4).

Sec. 23-193. Following too closely prohibited.

The driver of a vehicle shall not follow another vehicle more closely than is reasonably safe and prudent, having due regard for the speed of the vehicle and the traffic upon and the condition of the roadway.
(Code 1970, § 25-116)
State law reference-Similar provisions, RSMo 304.017.

Sec. 23-194. Passing school buses.

(a) The driver of a vehicle upon any roadway in this city, upon meeting or overtaking from either direction any school bus which has stopped 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 his vehicle before reaching any such school bus and shall not proceed until the school bus resumes motion, or until signaled by its driver to proceed.

(b) The driver of a vehicle upon any roadway in this city 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 (4) 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.
(Code 1970, § 25-331)
State law reference-Similar provisions, RSMo 304.050(1),(4).

Sec. 23-195-23-205. Reserved.

  DIVISION 6. TURNING MOVEMENTS

Sec. 23-206. Procedure for turning at intersections.

The driver of a vehicle intending to turn at an intersection shall do so as follows:

(1) For right turns, both the approach for a right turn and a right turn itself shall be made as close as practicable to the right-hand curb or edge of the roadway.

(2) At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of the center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

(3) At any intersection where traffic is restricted to one (1) direction on one (1) or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of any such vehicle and, after entering the intersection, the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in any such direction upon the roadway being entered.
(Code 1970, § 25-128)
State law reference-Similar provisions, RSMo 300.215, 304.341(1)(1), (1)(2).

Sec. 23-207. Turning on curve or crest of grade prohibited.

The driver of a vehicle shall not turn his vehicle around so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade, or at any place upon a roadway where his vehicle cannot be seen by the driver of any other vehicle approaching from either direction along the roadway within a distance of three hundred (300) feet; or where the same may create a traffic hazard.
State law reference-Similar provisions, RSMo 304.341(2).

Sec. 23-208. U-turns.

It shall be unlawful for the driver of any vehicle to turn his vehicle so as to proceed in the opposite direction at any intersection controlled by a traffic signal or police officer or upon any street in a business district; nor shall any such turn be made at any place unless the movement can be made in safety and without interfering with other traffic.
(Code 1970, § 25-132)
State law reference-Similar provisions, RSMo 300.235, 304.341(2).

Sec. 23-209. Placement of signs prohibiting or restricting turns.

The city traffic engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right turn, left turn or U-turn, and shall place proper signs at any such intersections. The making of any such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when any such turns are permitted.
(Code 1970, § 25-130)
State law reference-Similar provisions, RSMo 300.225, 304.341(1)(3).

Sec. 23-210. Placement of turning markers.

The city traffic engineer is hereby authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at any such intersections, and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.
(Code 1970, § 25-129(a).
State law reference-Similar provision, RSMo 300.220(1), 304.341(1)(3).

Sec. 23-211. Obedience to turning markers.

When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of any such indications.
(Code 1970, § 25-129(b).
State law reference-Similar provisions, RSMo 300.220, 304.341(1)(3).

Sec. 23-212. Obedience to no-turn signs.

Whenever authorized signs are erected indicating that no right turn, left turn or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.
(Code 1970, § 25-131)
State law reference-Similar provisions, RSMo 300.230, 304.341(1)(3).

Secs. 23-213 – 23-225. Reserved.

  DIVISION 7. ONE-WAY STREETS AND ALLEYS*

Sec. 23-226. Placement, maintenance of signs.

Whenever this Code or any other city ordinance designates any one-way street or alley, the city traffic engineer shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.
(Code 1970, § 25-145)
State law reference-Similar provisions, RSMo 300.240.

Sec. 23-227. Movement of vehicular traffic generally.

Upon those streets and parts of streets and in those alleys described and designated by this Code or any other city ordinance, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.
(Code 1970, § 25-146)
State law reference-Similar provisions, RSMo 300.245.

Sec. 23-228. Restriction of direction of vehicle traffic during certain periods.

(a) The city traffic engineer is hereby authorized to determine and designate streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one (1) direction during one (1) period and the opposite direction during another period of the day and shall place and maintain appropriate markings, signs, barriers or other devices to give notice thereof. The city traffic engineer may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the roadway.

(b) It shall be unlawful for any person to operate any vehicle in violation of any such markings, signs, barriers or other devices so placed in accordance with this section.
(Code 1970, § 25-147)
State law reference-Similar provisions, RSMo 300.250.
*Cross reference-Design standards for alleys and subdivisions, § 21-29.

Secs. 23-229-23-240. Reserved.

ARTICLE IV. TRAFFIC-CONTROL DEVICES

Sec. 23-241. Standards and specifications generally.

(a) All traffic-control signs, signals and devices shall conform to the manual of uniform traffic-control devices and such other specifications as have been approved by the sate highway commission or resolution adopted by the city council.

(b) All signs or signals required by this chapter for a particular purpose shall, so far as practicable, be uniform as to type and location throughout the city.

(c) All traffic-control devices so erected and not inconsistent with the provisions of this chapter shall be official traffic-control devices.
(Code 1970, § 25-176)
State law reference-Similar provisions, RSMo 300.135.

Sec. 23-242. Placement, maintenance.

The city traffic engineer shall place and maintain traffic-control signs, signals and devices when and as required under the provisions of this chapter to make effective such provisions, and he may place and maintain any such additional traffic-control devices as he may deem necessary to regulate traffic under the provisions of this chapter or under state law or to guide or warn traffic.
(Code 1970, § 25-175)
State law reference-Similar provisions, RSMo 300.130.

Sec. 23-243. Obedience by drivers.

The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
(Code 1970, § 25-177)
State law reference-Similar provisions, RSMo 300.140.

Sec. 23-244. When required for enforcement of chapter.

No provision of this chapter for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic-control devices are required, any such section shall be effective even though no devices are erected or in place.
(Code 1970, § 25-178)
State law reference-Similar provisions, RSMo 300.145.

Sec. 23-245. Presumption of validity.

(a) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, any such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.

(b) Any official traffic-control devices are placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to any such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.
(Code 1970, § 25-179)
State law reference-Similar provisions, RSMo 300.150.

Sec. 23-246 Traffic-control signal legend.

Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and these lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

(1) Green indication:

a. Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at that place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

b. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by the arrow, or such other movement as is permitted by other indications shown at the same time. Any such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

c. Unless otherwise directed by a pedestrian-control signal as provided in this article, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

(2) Steady yellow indication:

a. Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection

b. Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian-control signal as provided in this article, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

(3) Steady red indication:

a. Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection of, if none, then before entering the intersection and shall remain standing until a green indication is shown.

b. The driver of a vehicle which is stopped as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection in obedience to a red signal, may cautiously enter the intersection to make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that the state highway commission with reference to an intersection involving a state highway, and local authorities with reference to an intersection involving other highways under their jurisdiction, may prohibit any such right turn against a red signal at any intersection where safety conditions so require, and this prohibition shall be effective when a sign is erected at such intersection giving notice thereof.

c. Unless otherwise directed by a pedestrian-control signal as provided in this article, pedestrians facing a steady red signal alone shall not enter the roadway.

(4) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made but, in the absence of any such sign or marking, the stop shall be made at the signal.
(Code 1970, §§ 25-135, 25-182)
State law reference-Similar provisions, RSMo 300.155, 304.281.

Sec. 23-247. Pedestrian-control signals.

Whenever special pedestrian-control signals exhibiting the words “Walk” or “Don’t walk” are in place, the signals shall indicate as follows:

(1) Walk. Pedestrians facing any such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.

(2) Wait or Don’t Walk. No pedestrian shall start to cross the roadway in the direction of any such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety zone while the wait signal is showing.
(Code 1970, § 25-183)
State law reference-Similar provisions, RSMo 300.160.

Sec. 23-248. Flashing signals.

(a) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:

(1) Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

(2) Flashing yellow Caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past any such signal only with caution.

(b) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in section 23-174.
(Code 1970, § 25-184)
State law reference-Similar provisions, RSMo 300.165, 304.301.

Sec. 23-249. Lane direction control signals.

When lane direction control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane which a red signal is shown.
(Code 1970, § 25-185)
State law reference-Similar provisions, RSMo 300.170, 304.311.

Sec. 23-250. Display of unauthorized traffic-control devices.

No person shall place, maintain or display upon or in view of any highway an unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device.
(Code 1970, § 25-180)
State law reference-Similar provisions, RSMo 300.176, 304.321(1).

Sec. 23-251. Interference with traffic-control devices.

No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any inscription, shield or insignia thereon, or any other part thereof.
(Code 1970, § 25-181)
State law reference-Similar provisions, RSMo 300.180, 304.331.

Sec. 23-252-23-265. Reserved.

ARTICLE V. STOPPING, STANDING AND PARKING *

  DIVISION I. GENERALLY

Sec. 23-266. Scope of article.

The provisions of this article prohibiting the stopping, standing or parking of a vehicle shall apply at all times specified in this article or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.
(Code 1970, § 25-256)
State law reference-Similar provisions, RSMo 300.520.
_____
*Cross references-Any ordinance establishing fines for violations of parking ordinances or regulations saved from repeal, § 1-8(20); streets, sidewalks and other public places, Ch. 20; streets, sidewalks and other public places, Ch. 20; zoning regulations for off-street parking and loading, § 27-216 et seq.

Sec. 23-267. Provisions of article not exclusive.

The provisions of this article imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.
(Code 1970, § 25-257)
State law reference-Similar provisions, RSMo 300.525.

Sec. 23-268. Parking signs required generally.

Whenever by this Code or any other ordinance of the city any parking time limit is imposed or parking is prohibited on designated streets, it shall be the duty of the city traffic engineer to erect appropriate signs giving notice thereof and no such regulations shall be effective unless such signs are erected and in place at the time of any alleged offense.
(Code 1970, § 25-261)
State law reference-Similar provisions, RSMo 300.545.

Sec. 23-269. Prohibited parking zones generally.

(a) When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets described by this Code or other ordinance.

(b) No person shall park a vehicle at any time beside any curb marked yellow by authority of the city.
(Code 1970, § 25-258; Ord. No 2024, 6-27-05)
State law reference-Similar provisions, RSMo 300.530.

Sec. 23-270. Restricted stopping, standing and parking zones generally.

When signs are erected giving notice thereof, no person shall stop, stand or park a vehicle between the hours specified by ordinance of any day except Sundays and public holidays within the district or upon any of the streets described by ordinance.
(Code 1970, §§ 25-259-25-260)
State law reference-Similar provisions, RSMo 300.535, 300.540.

Sec. 23-271. Reserved.

Editor’s note-Ord. No. 2644, § 1, adopted April 22, 1991, rescinded § 23-271. Former § 23-271 was concerned with all night parking, and derived from the Code of 1970, § 25-225.

Sec. 23-272. Illegal parking on off-street facilities; signs required; impoundment of vehicles.

It shall be unlawful for any person to park or leave standing any motor vehicle upon any privately owned land, parking lot or driveway, after notice has been posted as hereinafter provided by the owner, occupant, lessee or licensee, prohibiting, restricting or limiting such parking, without the express or implied consent of such owner, occupant, lessee or licensee of such land. A suitable sign or signs not less than eighteen (18) inches by twenty-four (24) inches in dimension, and bearing the words “NO PARKING” at least three (3) inches in dimension, together with any qualifications or restrictions on such parking, if any, shall be conspicuously displayed on such land, parking lot or driveway by the owner, occupant, lessee or licensee thereof, where this article is to be effective. Defacing, tampering with or damaging such signs shall constitute a violation of this section. Upon the complaint being made in writing by any such owner, occupant, lessee or licensee, that any such motor vehicle is parked or has been left standing in violation of this article, it shall be the duty of the chief of police or any duly authorized representative of this city to remove or cause to be removed such illegally parked vehicle, and to impound and store the same, and no such vehicle shall be removed from the police impoundment until its owner or lawful operator shall have paid the costs of removing, impounding and storing such vehicle parked in violation of this article, in addition to any penalty which may be assessed for the violation of this section.
(Code 1970, § 25-226)
Cross reference-Off-street parking and loading, § 27-216 et seq.
State law reference-Disposition of vehicles left unattended on private property, sale thereof, RSMo 304.167.

Sec. 23-273. Manner of parking generally.

(a) Except as otherwise provided in this article, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked facing in the direction of the normal flow of traffic, and with the right-hand wheels thereof parallel to and within eighteen (18) inches of the right-hand curb.

(b) Every vehicle stopped or parked upon a one-way street where there are adjacent curbs and parking is permitted on the left hand side of the street shall be so stopped or parked with the left-hand wheels of such vehicle parallel to and within eighteen (18) inches of the left-hand curb.
(Code 1970, §§ 25-219, 25-239; Ord. No. 2117, § 1, 7-11-83)
State law reference-Similar provisions, RSMo 300.415.

Sec. 23-274. Parking not to obstruct traffic.

No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic.
(Code 1970, § 25-232)
State law reference-Similar provisions, RSMo 300.445.

Sec. 23-275. Prohibiting stopping, standing and parking areas enumerated.

(a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall stop, stand or park a vehicle:

(1) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

(2) On a sidewalk;

(3) Within an intersection;

(4) On a crosswalk;

(5) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the city traffic engineer indicates a different length by signs or markings;

(6) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

(7) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

(8) On any railroad tracks;

(9) At any place where official signs prohibit stopping;

(10)In the area between the backside of the curb and the sidewalk, or if no sidewalk exists, within the unimproved portion of the street right-of-way. In no event shall any vehicle be parked within the unimproved portion of the street right-of-way closer than thirty (30) feet to any intersection;

(11)In the area between the edge of the road surface (if no curb is present) and the sidewalk, or if no sidewalk exists, within the unimproved portion of the street right-of-way, unless said area has been adequately surfaced by pavement, asphalt, concrete, or aggregate in a manner approved by the city. In no event shall any vehicle be parked within the unimproved portion of the street right-of-way closer than thirty (30) feet to any intersection;

(12)In an area which has been designated as a fire lane; within fifteen (15) feet of a fire hydrant located upon private property. The police department is authorized to remove vehicles parked in violation of this subsection, at the expense of the owner of the vehicle.

(b) No person shall stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

(1) In front of a public or private driveway, or within three (3) feet on either side thereof;

(2) Within fifteen (15) feet of a fire hydrant;

(3) Within twenty (20) feet of a crosswalk at an intersection;

(4) Within thirty (30) feet upon the approach to any flashing signal, stop sign or traffic-control signal located at the side of a roadway;

(5) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance, when properly signposted;

(6) At any place where official signs prohibit standing.

(c) No person shall park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:

(1) Within fifty (50) feet of the nearest rail of a railroad crossing;

(2) At any place where official signs or markings prohibit parking.

(d) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful.
(Code 1970, § 25-231; Ord. No. 2129, § 1, 10-10-83;Ord. No. 2130, § 1, 10-10-83; Ord. No. 2727, §§ 1,2, 3-9-92; Ord. No. 2815, §§ 1-3, 2-8-93)
Editor’s note-Ordinance No. 2815, adopted Feb. 8, 1993, did not specifically amend this Code; hence, codification of §§ 1-3 of said ordinance as § 23-275(a)(12) herein was at the editor’s discretion.
State law reference-Similar provisions, RSMo 300.440.

Sec. 23-276. Parking adjacent to schools.

(a) The city traffic engineer is hereby authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when any such parking would, in his opinion, interfere with traffic or create a hazardous situation.

(b) When official signs are erected indicating no parking upon either side of a street adjacent to any school property, as authorized herein, no person shall park a vehicle in any such designated place.
(Code 1970, § 25-329)
State law reference-Similar provisions, RSMo 300.460.

Sec. 23-277. Manner of parking within alleys.

No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property.
(Code 1970, § 25-233)
State law reference-Similar provisions, RSMo 300.450.

Sec. 23-278. Standing, parking along divided highways.

In the event a highway includes two (2) or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of any such one-way roadway unless signs are erected to permit any such standing or parking.
(Code 1970, § 25-237)
State law reference-Similar provisions, RSMo 300.475.

Sec. 23-279. Standing or parking on one-way streets.

The city traffic engineer is authorized to erect signs upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles and, when any such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign.
(Code 1970, § 25-236)
State law reference.-Similar provisions, RSMo 300.470.

Sec. 23-280. Parking on narrow streets.

(a) The city traffic engineer is hereby authorized to erect signs indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one side of a street as indicated by any such signs when the width of the roadway does not exceed thirty (30) feet.

(b) When official signs prohibiting parking are erected upon narrow streets as authorized in this section, no person shall park a vehicle upon any such street in violation of any such sign.
(Code 1970, § 25-235)
State law reference-Similar provisions, RSMo 300.465.

Sec. 23-281. Stopping, standing or parking near hazardous or congested places.

(a) The city traffic engineer is hereby authorized to determine and designate by proper signs places not exceeding one hundred (100) feet in length in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

(b) When official signs are erected at hazardous or congested places as authorized in this section, no person shall stop, stand or park a vehicle in any such designated place.
(Code 1970, § 25-238)
State law reference-Similar provisions, RSMo 300.480.

Sec. 23-282. Parking for certain purposes prohibited.

(a) No person shall park a vehicle upon any roadway for the principal purpose of:

(1) Displaying any such vehicle for sale;

(2) Displaying advertising;

(3) Repairing any such vehicle except repairs necessitated by an emergency;

(4) Selling or vending from any such vehicle.

(b) The provisions of this section shall not apply to the use of vehicles for door to door vending.
(Code 1970, § 25-234)
State law reference-Similar provisions, RSMo 300.455.

Sec. 23-283. Designation, marking of angle parking.

(a) The city traffic engineer shall determine upon what streets angle parking shall be permitted and shall mark or sign these streets. Angle parking shall not be indicated upon any federal aid or state highway within the city unless the state highway commission has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

(b) Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street.
(Code 1970, 25-220)
State law reference-Similar provisions, RSMo 300.420.

Sec. 23-284. Obedience to angle parking signs.

On those streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by any such signs or markings.
(Code 1970, § 25-221)
State law reference-Similar provisions, RSMo 300.425.

Sec. 23-285. Permits for loading or unloading vehicles with rear to curb.

(a) The city traffic engineer is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of the permit. Any such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein.

(b) It shall be unlawful for any permittee under this section or other person to violate any of the special terms or conditions of any permit issued pursuant to this section.
(Code 1970, § 25-222)
State law reference-Similar provisions, RSMo 300. 430.

Sec. 23-286. Designation of curb loading zones.

The city traffic engineer is hereby authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating the same and stating the hours during which the provisions of this section are applicable.
(Code 1970, § 24-244)
State law reference-Similar provisions, RSMo 300. 485.

Sec. 23-287. Permits for curb loading zones.

The city traffic engineer shall not designate or sign any curb loading zone upon special request of any person unless that person makes application for a permit for such a zone and for two (2) signs to indicate the ends of each such zone. The city traffic engineer, upon granting a permit and issuing any such signs, shall collect from the applicant and deposit in the city treasury a service fee of ten dollars ($10.00) per year or fraction thereof and may by general regulations impose conditions upon the use of any such signs and for reimbursement of the city for the value thereof in the event of their lose or damage and their return in the event of misuse or upon expiration of permit. Every such permit shall expire at the end of one year.
(Code 1970, § 25-245)
State law reference-Similar provisions, RSMo 300.490.

Sec. 23-288. Use of curb loading zones.

(a) Passenger. No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb lading zone during hours when the regulations applicable to any such curb loading zone are effective, and then only for a period not to exceed three (3) minutes.

(b) Freight. No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to any such zones are in effect, and then only for a period not to exceed fifteen (15) minutes; provided, notwithstanding anything to the contrary in this subsection, the maximum time limits for the stopping, standing or parking of any motor vehicle in a freight curb loading zone shall not exceed five (5) minutes for passenger automobiles and twenty (20) minutes for trucks.
(Code 1970, §§ 25-246, 25-247)
State law reference-Similar provisions, RSMo 300.495, 300.500.

Sec. 23-289. Establishment, designation of public carrier stops and stands.

The city traffic engineer is hereby authorized and required to establish bus stops, bus stands, taxicab stands and stands for other passenger common carrier motor vehicles on any such public streets in any such places and in any such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate signs.
(Code 1970, § 25-248)
State law reference-Similar provisions, RSMo 300.505.

Sec. 23-290. Stopping, standing and parking of buses and taxicabs.

(a) The operator of a bus shall not stand or park his vehicle upon any street at any place other than a bus stand so designated as provided herein.

(b) The operator of a bus shall not stop his vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand or passenger loading zone so designated as provided herein, except in case of an emergency.

(c) The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a public street in such a manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position with the right front wheel of the vehicle not further than eighteen (18) inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.

(d) The operator of a taxicab shall not stand or park his vehicle upon any street at any place other than in a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.
(Code 1970, § 25-249)
State law reference-Similar provisions, RSMo 300.510.

Sec. 23-291. Use of bus stops and taxicab stands.

No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when their stopping does not interfere with any bus or taxicab waiting to enter or about to enter the zone.
(Code 1970, § 25-250)
Cross references-Taxicabs § 26-16 et seq.
State law reference-Similar provisions, RSMo 300.515.

Sec. 23-292. Unattended motor vehicle.

No person shall leave a motor vehicle unattended on any roadway in the city without first stopping the motor and cutting off the electric current and, when parked upon a perceptible grade, without turning the wheels of the vehicle to the curb or side of the roadway.
(Code 1970, § 25-224)
State law reference-Similar provisions, RSMo 304.150.

Sec. 23-293. Removal of vehicles from city-owned parking lots.

(a) Members of the police department are authorized to remove a vehicle(s) from city-owned parking lots when said vehicle(s) are left parked or standing for five (5) continuous days.

(b) The owner of the vehicle shall be responsible for the expense of removal and subsequent storage.
(Ord. No. 2324, §§ 1, 2, 2-9-87)
Editor’s note-Ord. No. 2324, §§ 1,2, adopted Feb. 9, 1987, did not specifically amend the Code, hence inclusion herein as § 23-293, was at the discretion of the editor.

Sec. 23-294. Establishing presumption of operation for parking violations.

In any proceeding for a violation of a parking ordinance specified in Chapter 23 of the Code of Ordinances of the City of Warrensburg, Missouri, the state registration plate or city motor vehicle license sticker shall constitute in evidence a prima facie presumption that the individual whose name such plate or city license is registered is the lawful owner of such vehicle and that he was the person who parked or caused to be parked the vehicle illegally or in violation at the place where the violation occurred.
(Ord. No. 2633, § 1, 3-25-91)
Editor’s note-Ord. No. 2633, § 1, adopted March 25, 1991, did not specifically amend the Code; therefore, inclusion as § 23-294 was at the discretion of the editor.

Sec. 23-295. Regulation of parking in city-owned lots.

(a) The city traffic engineer, at the direction of the traffic commission, shall establish parking spaces in city-owned parking lots. The city traffic engineer may establish time limitations and set parking restrictions in said parking lots.

(b) Time limitations and/or parking restrictions shall be posted as established by the city traffic engineer.

(c) Upon the posting of said time limitations and/or parking restrictions by sign, said signs shall be prima-facie evidence of time limitations/parking restrictions.

(d) It shall be unlawful to stop, stand or park a vehicle in violation of signs posted by the authority of this section.
(Ord. No. 2791, §§ 1-4, 10-12-92)
Editor’s note-Ordinance No. 2791, adopted Oct. 12, 1992, did not specifically amend this Code; hence, codification of §§ 1-4 of said ordinance as § 23-295 herein was at the editor’s discretion.

Sec. 23-296. Restricted parking of commercial motor vehicles, trailers, tractors, etc.

(a) It shall be unlawful for the driver, owner or operator of a commercial motor vehicle, trailer, tractor or truck tractor, with a rated capacity in excess of one (1) ton gross weight, to park or cause to be parked, such motor vehicles or trailer for a period in excess of two (2) hours on any street in a residential zoned area; provided however, that the motor vehicle or trailer may be parked in front of a place of business in such area during regular business hours or at the site of construction during such time construction is taking place, or for loading or unloading of moving vans.

(b) It shall be unlawful for the driver, owner or operator to park “dolly down” on any city street or street right-of-way, any semi-trailer or any trailer designed to be coupled with a towing vehicle fifth-wheel having a gross registered weight of four thousand (4,000) pounds or more.

(c) It shall be unlawful for the driver, owner or operator of any motor vehicle or trailer which is required to be placarded as carrying “hazardous materials,” to park on any street or street right-of-way in any residential or commercial zoned area, except for the purposes of loading or unloading.
(Ord. No. 2940, §§ 1-3, 6-27-94)
Editor’s note-Ord. No. 2940, adopted June 27, 1994, did not specifically amend this Code; hence codification of §§ 1-3 of said ordinance as § 23-296 is included herein at the editor’s discretion.

Sec. 23-297. No parking in area between the right-of-way and setback line.

Exclusive of approved driveways, it shall be unlawful to park a motor vehicle or trailer between the required setback line and right-of-way line of any residential structure. On corner lots, exclusive of approved driveways, no person shall park a motor vehicle or trailer between the side street right-of-way line and the required front yard setback line for residential structures on the side street.
(Cord. No. 2935, § 1, 6-13-94)

Sec. 23-298. – 23-310. Reserved.

  DIVISION 2 PARKING FOR THE HANDICAPPED*

Sec. 23-311. Designation of parking spaces on public roadways.

The city engineer is hereby authorized to designate reserved parking spaces upon public roadways as close as possible to handicapped accessible curb ramps. The designated reserved parking space shall be indicated with blue paint on the curb or edge of the paved portion of the street adjacent to the parking space. In addition to blue paint, the space shall be indicated by a sign upon which shall be inscribed the international symbol of accessibility and the words “Handicapped Parking” in white on blue background.
(Ord. No. 2156, § 1, 3-12-84)

Sec. 23-312. Designation of parking spaces in off-street facilities.

The city engineer is hereby authorized to designate reserved parking spaces in a public off-street parking facility. The designated reserved parking space shall be indicated by posting immediately adjacent to, and visible from, each space, a sign upon which is inscribed the international symbol of accessibility and the words “Handicapped Parking” in white on blue background.
(Ord. No. 2156 § 2, 3-12-84)
Cross reference-Off-street parking and loading, § 27-216.

_______
*State law references-Municipal regulation of wheel-chair and handicap access, RSMo 71.365; license plates for the disabled, RSMo 301.142; establishment of handicapped parking by political subdivisions authorized, RSMo 301.143.

Sec. 23-313. Size of parking spaces.

Spaces designated for the exclusive use of vehicles which display a distinguishing license plate or dashboard placard issued pursuant to RSMo 301.071 or 301.142 shall be twelve (12) feet wide or greater or shall be open on one (1) side or both sides so as not to impede the safe egress and exit of the disabled person.
(Ord. No. 2156, § 3, 3-12-84)

Sec. 23-314. Illegal parking.

No person shall stop, stand or park a vehicle within a designated reserved parking space for handicapped parking, unless such vehicle displays a distinguishing license plate or dashboard placard issued pursuant to RSMo 301.071 or 301.142.
(Ord. No. 2156, § 4, 3-12-84)

Sec. 23-315. Violations; penalty.

Every violation of any provision of this division, shall, upon conviction, be punishable by a fine of not less than fifty dollars ($50.00) and not more than three hundred dollars ($300.00) plus court costs.
(Ord. No. 2156, § 5, 3-12-84; Ord. No. 3665, § 1, 10-15-01)

Secs. 23-316 – 23-330. Reserved.

  DIVISION 3. SNOW EMERGENCY ROUTES*

Sec. 23-331. Purpose.

The city council finds that parking and operation of vehicles on certain streets covered by a heavy accumulation of snow or ice is a matter affecting the health, safety and welfare, of the citizens of the city because parked vehicles impede snow removal operations and cause serious traffic congestion.
(Code 1970, § 25-290)

Sec. 23-332. Parking prohibition-Declaration; duration.

(a) Whenever the city manager finds on the basis of falling show, sleet or freezing rain that weather conditions will make it necessary that motor vehicle traffic be expedited and that parking on city streets be prohibited or restricted for snow plowing and other purposes, the city manager shall put into effect a parking prohibition on parts of or all snow emergency routes and necessary by declaring it in a manner prescribed in this division.

(b) Once in effect, a prohibition under this section shall remain in effect until terminated by announcement of the city manager in accordance with this division. While the prohibition is in effect, no person shall park or allow to remain any vehicle on any portion of a snow emergency route to which it applies. However, nothing in this section shall be construed to permit parking at any time or place where it is forbidden by provision of law.
(Code 1970, § 25-291)

Sec. 23-333. Same-Public announcement; commencement.

The city manager shall cause each declaration made by him pursuant to this division to be publicly announced by means of broadcast or telecast from a station with normal operating range covering the city, and he may cause such declaration to be further announce in newspapers of general circulation when feasible. Each announcement shall describe the action taken by the city manager, including the time it became or will become effective, and shall specify the streets or areas affected. A parking prohibition or traffic emergency declared by the city manager shall not go into effect until at least three (3) hours after the first announcement between 6:00 a.m. and 11:00 p.m. in accordance with this section.
(Code 1970, § 25-292)
____
*Cross reference-Civil emergencies, § 7-1 et seq.

Sec. 23-334. Same-Termination.

Whenever the city manager shall find that some or all of the conditions which give rise to a parking prohibition or traffic emergency in effect pursuant to this division no longer exist, he may declare the prohibition or emergency terminated, in whole or part, in a manner proscribed by this division effectively upon announcement.
(Code 1970, § 25-293)

Sec. 23-335. Signs to be posted.

On each street designed by this division as a snow emergency route, the city manager shall cause to be posted special signs at intervals not exceeding five hundred (500) feet with the wording: “Snow Emergency Route.” These signs shall be distinctive and uniform in appearance and shall be plainly readable to persons traveling on the street or highway.
(Code 1970, § 25-294)

Sec. 23-336. Removal of illegally parked vehicles; owner to bear cost.

(a) Members of the police department are hereby authorized to remove or have removed a vehicle from a street when the vehicle is parked on part of a snow emergency route on which a parking prohibition is in effect or when the vehicle is parked in violation of any parking ordinance or provision of law and is interfering or about to interfere with snow removal operations.

(b) The removal, impounding and return of obstructing vehicles on the snow emergency routes shall be at the owner’s expense.
(Code 1970, § 25-295)

Sec. 23-337. Routes designated.

The following streets are hereby established as emergency snow routes within the city:

(1) Phase I:

a. Gay Street, Water to Ridgeview.

b. South Street, Main to Maguire.

c. Grover Street, Holden to Mitchell.

d. Clark Street, Holden to Mitchel.

e. Houx Street, Washington to Holden.

f. Washington, Business 50 to Houx.

g. Warren, Business 50 to Hunt.

h. Holden, Cleveland to Gay.

i. Holden, Grover to Hale Lake Road

j. College, Business 50 to South.

k. Mitchell Street, Gay to DD Highway.

l. Burkarth Road, Gay to Business 50.

m. Ridgeview, Gay to Montserrat.

n. Clark Street, Main Street to Springridge Road.

o. Springridge Road, Clark Street to one-tenth (1/10) mile north to Timberline Drive.

p. Warren Street, Young Street to Russell Avenue.

q. Russell Avenue, Warren Street to Maguire.

r. Ridgeview Drive, Corporate Drive to railroad tracks.

(2) Phase II, central business district:

a. Holden, Gay to Grover.

b. Pine, Washington to College.

c. Culton, Washington to College.

d. Market, Maynard to College.

e. Hout, Maynard to Holden.

f. Maynard Hout to Gay.

(Code 1970, § 25-296; Ord. No. 3112, § 1, 1-8-96)

Secs. 23-338-23-350. Reserved.

  DIVISION 4. PARKING METERS*

Sec. 23-351. Definitions.

For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them:

Parking meter shall mean any mechanical device or meter noT inconsistent with this division placed or erected for the regulation of parking by authority of this division. Each parking meter installed shall indicate by proper legend the legal parking time established by the city and when operated shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking.

Parking meter space shall mean any space within a parking meter zone adjacent to a parking meter?by authority of this division. Each parking meter installed shall indicate by proper legend the legal parking time established by the city and when operated shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking.

Parking meter zone. Any restricted street upon which parking meters are installed and in operation.
(Code 1970, § 25-267)
Cross reference-Definitions and rules of construction generally, § 1,2.

_____

State law reference-Municipal authority to regulate parking of vehicles by installing parking meters, RSMo 304.120(1)(6).

Sec. 23-352. Department created.

There is hereby created a department to be known as the parking meter department to be composed of not more than three (3) persons.
(Code 1970, § 25-268)
Cross reference-Departments generally, § 2-289 et seq.

Sec. 23-353. Administration of division provisions.

The chief of police shall be the superintendent of the parking meter department and shall be responsible for the issuance of all parking meter tickets, the collection of such sums of money as may become due from the issuance of such tickets, the accounting therefor and to aid in the prosecution for the violation thereof.
(Code 1970, § 25-269)
Cross reference-Administration generally, Ch. 2.

Sec. 23-354. Enforcement of division.

It shall be the duty of the police department to enforce the provisions of this division.
(Code 1970, § 25-271)

Sec. 23-355. Presumption of operation.

In any proceeding for the violation of the terms of this division the state registration plate or city motor vehicle license sticker shall constitute in evidence a prima facie presumption that the individual in whose name such plate or city license is registered is the lawful owner of such vehicle and that he was the person who parked or caused to be parked the vehicle illegally or in violation at the place where the violation occurred.
(Code 1970, § 25-272)

Sec. 23-356. When summons to issue.

Whenever it appears that seven (7) days have transpired since the violation of this division, a complaint shall be filed and a summons issued for the appearance of such offender in accordance with the terms and provisions of this division.
(Code 1970, § 25-274)

Sec. 23-357. Designation of parking meter zones.

All parking meter zones and parking meter spaces heretofore designated or established by authority of prior ordinances are hereby approved, adopted and continued. The city council may by ordinance provide for the establishing of additional parking meter zones and spaces whenever it deems it necessary for the regulation of traffic or the relief of traffic congestion.
(Code 1970, § 25-275)

Sec. 23-358. Designation of parking spaces.

The chief of police is hereby directed and authorized to cause the markings and designation of existing parking meter spaces to be maintained, and to mark off individual parking meter spaces in such additional parking meter zones as may be hereafter established by ordinance, by lines painted or durably marked on the curbing or the surface of the street.
(Code 1970, § 25-276)

Sec. 23-359. Manner of parking in spaces.

At each designated parking space in a parking meter zone, it shall be unlawful for any person to park any vehicle in such a way that such vehicle shall not be entirely within the limits of the space so designated.
(Code 1970, § 25-277)

Sec. 23-360. Maintenance and installation of parking meters.

(a) The chief of police shall cause existing parking meters to be maintained and replaced when necessary, and shall cause parking meters to be installed upon the curb or sidewalk immediately adjacent to the parking spaces which may hereafter be designated or established by authority of ordinance. The chief of police shall be responsible for the regulation, control, operation, maintenance and use of all parking meters.

(b) Each meter device shall be so set as to display a signal showing legal parking upon the deposit of the appropriate coin or coins, lawful money of the United States for the period as prescribed by this division. Each device shall be so arranged that upon the expiration of the lawful time limit, it will indicate by a proper, visible signal that the lawful parking period has expired and in such cases the right of such vehicle to occupy such space shall cease and the operator, owner, possessor or manager thereof shall be subject to the penalties provided therefor.
(Code 1970, § 25-278)

Sec. 23-361. Operation of parking meters.

(a) Except in a period of emergency determined by an officer of the police or fire department, or in compliance with the directions of a police officer or traffic-control sign or signal, when any vehicle shall be parked in any parking space alongside or next to which a parking meter is located, the operator of such vehicle shall, upon entering the said parking meter space, immediately deposit or cause to be deposited in said meter such proper coin of the United States as is required for such parking meter and as is designated by proper directions on the meter, and when required by the directions on the meter, the operator of such vehicle, after the deposit of the proper coin or coins, shall also set in operation the timing mechanism on such meter in accordance with directions properly appearing thereon, and failure to deposit such proper coin and to set the timing mechanism in operation when so required, shall constitute a violation of this division.

(b) Upon the deposit of such coin and the setting of the timing mechanism in operation when so required, the parking space may be lawfully occupied by such vehicle during the period of time which has been prescribed for the part of the street in which said parking space is located, provided that any person placing a vehicle in a parking meter space adjacent to a meter which indicates that unused time has been left in the meter by the previous occupant of the space adjacent thereto, shall not be required to deposit a coin so long as his occupancy of such space does not exceed the indicated unused parking time.
(Code 1970, § 25-279)

Sec. 23-362. Overtime parking.

If a vehicle shall remain parked in any parking meter space beyond the parking time limit set for such parking space, and if the meter shall indicate such illegal parking, then, and in that event, such vehicle shall be considered as parking overtime and beyond the period of legal parking time, and such parking shall be deemed a violation of this division, and for each hour such vehicle is parked overtime a separate and different offense shall be deemed committed.
(Code 1970, § 25-280)

Sec. 23-363. Parking time limits.

Parking or standing a vehicle in a designated parking meter space shall be lawful for such length of time for each required coin as indicated on the parking meter at such space.
(Code 1970, § 25-281)

Sec. 23-364. Hours, days of operation.

Parking meters shall be operated in parking meter zones every day between the hours of 8:30 o’clock a.m. and 5:30 o’clock p.m. except on Saturdays, Sundays and legal holidays.
(Code 1970, § 25-282; Ord. No. 2024, § 1, 5-11-81)

Sec. 23-365. Collection of funds.

It shall be the duty of the chief of police to designate some person to make regular collections of the money deposited in said parking meters, and to deliver the money so collected to the city collector.
(Code 1970, § 25-283)

Sec. 23-366. Coin substitutes prohibited.

It shall be unlawful for any person to deposit or cause to be deposited in any parking meter any slug, device or metallic substitute for any United States coin.
(Code 1970, § 25-286)

Sec. 23-367. Establishment of free parking lots.

All city parking lots now owner or hereafter acquired shall wherever economically feasible be metered parking lots, but whenever such lots shall be deemed by the city council to be economically unsuited for use as metered parking sites, the same may be declared by the city council to be free parking lots.
(Code 1970, § 25-287)

Sec. 23-368. Rate for metered parking lots.

All parking spaces in city parking lots equipped with parking meters shall be used for the parking of passenger motor vehicles and the owners or operators of such vehicles may park such vehicles for a period of two and one-half (2 1/2)hours by depositing one (1) nickel in such parking meter, for a five-hour period by depositing in said parking meter, for the sum of one dime, and may park said vehicle for a period of ten (10) hours by depositing in said meters the sum of two (2) dimes.
(Code 1970, § 25-288)

Sec. 23-369. Backing into space prohibited.

It shall be illegal and designated as illegal parking for any owner or operator of any vehicle parking the same in the area designated as a city parking lot by backing said vehicle with the rear of such vehicle adjacent to the parking meter in which such vehicle is parked.
(Code 1970, § 25-289)

Secs. 23-370-23-385. Reserved.

ARTICLE VI. PARADES AND PROCESSIONS

Sec. 23-386. Permit required.

(a) It shall be unlawful to conduct any parade or procession, and for any person to participate in any parade or procession, except in accordance with a permit issued by the chief of police; provided, the military forces of the United States and the state, the personnel of the police and fire departments of the city and funeral processions shall be exempt from the provisions of this section.

(b) An application for a permit to conduct a parade or procession shall be made to the chief of police of the city at least seventy-two (72) hours prior to the conducting of the same. The application shall contain the name and address of the applicant, the time, date and route of the proposed parade or procession and a description of any special equipment or vehicle to be used. If the information set forth on the application shall meet the requirements of this section, the chief of police shall issue a permit for the parade or procession; provided, no such permit shall be issued if the nature or conduct of any parade or procession might tend to be dangerous or harmful to the public health, safety and welfare of the residents of the city.
(Code 1970, § 25-306)
State law reference-Similar provisions, RSMo 300.325.

Sec. 23-387. Funeral procession to be identifiable.

A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the police department.
(Code1970, § 25-304)
State law reference-Similar provisions, RSMo 300.320.

Sec. 23-388. Traffic division to designate method of identifying funeral processions.

The traffic division shall designate of type of pennant or other identifying insignia to be displayed upon, or other method to be employed to identify, the vehicles in funeral processions.
(Code 1970. § 25- 31.)
State law reference-Similar provisions, RSMo 300.055.

Sec. 23-389. Operation of vehicles in procession.

Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe.
(Code 1970, § 25-305)
State law reference-Similar provisions, RSMo 300.315.

Sec. 23-390. Driving through processions.

No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and are conspicuously designated; provided, however, that this section shall not apply at intersections where traffic is controlled by traffic-control signals or police officers.
(Code 1970, § 25-303.)
State law reference-Similar provisions, RSMo 300.310.

Secs. 23-391-23-405. Reserved.

ARTICLE VII. PEDESTRIANS

Sec. 23-406. Obedience to traffic-control devices.

Pedestrians shall be subject to traffic-control signals as prescribed in sections 23-246 and 23-247, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this article.
(Code 1970, § 25-342)
State law reference-Similar provisions, RSMo 300.370.

Sec. 23-407. Right-of-way at crosswalks.

(a) When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(b) The provisions of subsection (a) of this section shall not apply under the conditions stated in section 23-406.
(Code 1970, § 25-343(a), (c).
State law reference-Similar provisions, RSMo 300.375(1),(3).

Sec. 23-408. Leaving curb suddenly or entering path of vehicle prohibited.

No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield the right-of-way.
(Code 1970, § 25-343(b),
State law reference-Similar provisions, RSMo 300.375(2).

Sec. 23-409. Use of right half of crosswalks.

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
(Code 1970, § 25-344)
State law reference-Similar provisions, RSMo 300.380.

Sec. 23-410. Crossing at right angles.

No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk.
(Code 1970, § 25-345)
State law reference-Similar provisions, RSMo 300.385.

Sec. 23-411. When pedestrians to yield right-of-way.

(a) Every pedestrian crossing a roadway at any point, other than within a marked crosswalk or within an unmarked crosswalk at an intersection, shall yield the right-of-way to all vehicles upon the roadway.

(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(c) The foregoing rules in this section have no application under the conditions stated in section 23-412 when pedestrians are prohibited from crossing at certain designated.
(Code 1970, §§ 25-346, 25-352)
State law reference-Similar provisions, RSMo 300.390.

Sec. 23-412. Prohibited crossing places.

(a) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a crosswalk.

(b) No pedestrian shall cross a roadway other than in a crosswalk in any business district.

(c) No pedestrian shall cross a roadway other than in a crosswalk upon any street designated by the provisions of this Code or other ordinance.

(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to any such crossing movements.
(Code 1970, § 25-347)
State law reference-Similar provisions, RSMo 300.395.

Sec. 23-413. Manner of pedestrian travel along roadway.

(a) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

(b) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.

(c) Where pedestrians are running or jogging along any roadway in the city, they shall do so as close to the left side of such roadway or the shoulder thereof as is practicable. Upon the approach of any vehicle, runners and joggers shall form a single file line.
(Code 1970, § 253-349; Ord. No. 2253, § 8, 11-12-85)
State law reference-Similar provisions, RSMo 300.405.

Sec. 23-414. Soliciting rides.

It shall be unlawful for any person to stand in a roadway for the purpose of soliciting a ride from the operator of any private vehicle.
(Code 1970, § 25-35)

Sec. 23-415. Obedience to bridge and railroad signals.

(a) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate or barrier after a bridge operation signal indication has been given.

(b) No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while any such gate is closed or is being opened or closed.
(Code 1970, § 25-348)
Cross reference-Railroads, Ch. 18.
State law reference-Similar provisions, RSMo 300.400.

Sec. 23-416. Duty of drivers.

Notwithstanding the foregoing provisions of this article, every driver of a vehicle shall exercise the highest degree of care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.
(Code 1970, § 25-350)
State law reference-Similar provisions, RSMo 300.410.

Secs. 23-417 - 23-430. Reserved.

ARTICLE VIII. BICYCLE, MOTORIZED BICYCLES, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, AND OTHER MOTORIZED DEVICES*

Sec. 23-431. Traffic laws apply to persons riding bicycles and motorized bicycles.

Every person riding a bicycle or motorized bicycle upon any roadway in this city shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this state declaring the rules of the road applicable to vehicles or by the provisions of this chapter applicable to the drivers of vehicles, except as to special regulations in this article and except as to those provisions of state law and this chapter which, by their nature, can have no application.
(Code 1970, § 25-373(a).
State law reference-Similar provisions, RSMo 307.188.

Sec. 23-432. Riding on roadways.

(a) Every person operating a bicycle or motorized bicycle upon any roadway I this city shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
(b) Persons riding bicycles upon a roadway shall ride single file except on paths or roadways set aside for the exclusive use of such bicycles.
(Code 1970, § 25-373(b), (e).
State law reference-Similar provisions, RSMo 307.190.

*Editor’s note-Ord. No. 4048, § 1, adopted Sept. 15, 2005, amended Art. VIII by changing the title from “Bicycles and Motorized Bicycles” to “Motorized Bicycles, Electric Personal Assistive Mobility Devices, and Other Motorized Devices.”

Sec. 23-433. Manner of riding on bicycles.

(a) A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto.

(b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
(Code 1970, §§ 25-6, 25-373(c), (d).

Sec. 23-434. Riding bicycles at night.

No person less than six (6) years of age shall ride a bicycle at night on any street or thoroughfare unless accompanied by his parents or other responsible adult.
(Code 1970, § 25-373(g).

Sec. 23-435. Speed of bicycles.

No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.
(Code 1970, § 25-373(f).

Sec. 23-436. Bicycles emerging from alley, driveway or building.

The operator of a bicycle or motorized bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on any such sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway.
(Code 1970, § 25-373(h).

Sec. 23-437. Manner of riding on motorized bicycles.

The operator of a motorized bicycle shall ride only astride the permanent and regular seat attached thereto, and shall not permit more than one (1) person to ride thereon at the same time, unless the motorized bicycle is designed to carry more than one (1) person. Any motorized bicycle designed to carry more than one (1) person must be equipped with a passenger seat and footrests for the use of a passenger.
(Code 1970, §§ 25-6, 25-310, 25-373(c), (d).
State law reference-Similar provisions, RSMo 300.345(2).

Sec. 23-438. Riding on sidewalks.

(a) No person shall ride a bicycle upon a sidewalk within a business district.

(b) Whenever any person is riding a bicycle upon a sidewalk, they shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing the pedestrian.

(c) No person shall ride a motorized bicycle upon a sidewalk.

(d) The chief of police is authorized to erect signs on any sidewalk prohibiting the riding of bicycles thereon by any person, and when such signs are in place, no person shall disobey the same.

(e) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrians.
(Code 1970, §§ 25-312, 23-373(k), (l).
Cross reference-Streets, sidewalks and other public places, Ch.20.
State law reference-Riding bicycles, motorized bicycles on sidewalks, RSMo 300.347.

Sec. 23-439 Parking.

(a) No person shall park a bicycle or motorized bicycle upon the sidewalk in such manner as to obstruct the flow of vehicles or pedestrian traffic.

(b) When special bicycle or motorized bicycle parking space is available, cycles shall be parked in the space provided.
(Code 1970, § 25-373(i), (j).

Sec. 23-440. Brakes required.

Every bicycle and motorized bicycle shall be equipped with brakes which will enable its driver to stop the bicycle or motorized bicycle within twenty-five (25) feet from a speed of ten (10) miles per hour on dry, level, clean pavement.
(Code 1970, § 25-371)
State law reference-Similar provisions, RSMo 307.183.

Sec. 23-441. Lights and reflectors.

Every bicycle and motorized bicycle when in use on any roadway in this city during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with the following:

(1) A front-facing lamp on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred (500) feet;

(2) A rear-facing red reflector, at least two (2) square inches in reflective surface area, on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle headlights at six hundred (600) feet;

(3) Essentially colorless or amber reflectors on both the front and rear surfaces of all pedals. Each pedal reflector shall be recessed below the plane of the pedal or reflector housing. Each reflector shall be at least ninety one-hundredths square inches in projected effective reflex area, and must be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at two hundred (200) feet.

(4) A side-facing essentially colorless or amber reflector visible on each side of the wheel mounted on the wheel spokes of the front wheel within three (3) inches of the inside of the wheel rim and a side-facing essentially colorless or red reflector mounted on the wheel spokes of the rear wheel within three (3) inches of the inside of the wheel rim, or continous retroreflective material on each side of both tires which shall be at least three-sixteenths of an inch wide. All such reflectors or retroreflective tire side-walls shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred (300) feet. The provisions of this subdivision shall not apply to motorized bicycles which comply with National Highway Traffic and Safety Administration regulations relating to reflectors on motorized bicycles.
(Code 1970, § 25-372)
State law reference-Similar provisions, RSMo 307.185.

Sec. 23-442. Equipment required on motorized bicycles.

No person shall operate a motorized bicycle on any roadway in this city unless it is equipped in accordance with the minimum requirements for the construction and equipment of MOPEDS, Regulation VESC-17, approved July, 1977, as promulgated by the Vehicle Equipment Safety Commission, this state being a party thereto as provided in RSMo 307.250, and the regulation is hereby approved as provided in RSMo 307.260.
State law reference-Similar provisions, RSMo 307.197.

Sec. 23-443. Penalties for violation of article.

(a) Any person seventeen (17) years of age or older who violates any provision of this article is guilty of an infraction. Such an infraction does not constitute a crime and conviction shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.

(b) If any person under seventeen (17) years of age violates any provision of this article in the presence of a police officer, the officer may impound the bicycle or motorized bicycle involved for a period not to exceed five (5) days upon issuance of a receipt to the child riding it or to its owner.
(Code 1970, § 25-374(b).
State law reference-Similar provisions, RSMo 307.193

Sec. 23-444. Use of electric personal assistive mobility devices.

(a) An electric personal assistive mobility device may be operated upon a street, highway, sidewalk, and bicycle path. Every person operating such a device shall be granted all of the rights and be subject to all of the duties applicable to a pedestrian pursuant to Chapter 304, RSMo.

(b) Persons under sixteen (16) years of age shall not operate an electric personal assistive mobility device, except for an operator with a mobility-related disability.

(c) An electric personal assistive mobility device shall be operated only on roadways with a speed limit of thirty-five (35) miles per hour or less. This shall not prohibit the use of such device when crossing roadways with speed limits in excess of thirty-five (35) miles per hour.
(Ord. No. 4048, § 2, 9-15-05)

Sec. 23-445. Other motorized devises prohibited.

(a) No person shall operate any conveyance defined as an other motorized device on any public right-of-way or public property within the city.

(b) No person shall operate any conveyance defined as an other motorized device on any private property without the express permission of the owner or occupant of that property.
(Ord. No. 4048, § 3, 9-15-05)

Sec. 23-446. Devices permitted on highways.

Subject to the any other specific limitation contained in this Code or state law, only vehicles as defined herein, bicycles, electric personal assistive mobility devices, motorized wheelchairs, motorized bicycles, horse drawn conveyances, and properly equipped tractors and agricultural equipment may be operated on highways within the city.
(Ord. No. 4048, § 4, 9-15-05)

Secs. 23-447 – 23-455. Reserved.

ARTICLE IX. EQUIPMENT*

  DIVISION I. GENERALLY

Sec. 23-456. License plates required.

(a)No motor vehicle or trailer shall be operated on any roadway within the City of Warrensburg unless it shall have displayed thereon the valid license plate or set of license plates issued by the director of revenue to said vehicle. Each such plate shall be securely fastened to the motor vehicle in a manner so that all parts thereof shall be plainly visible and reasonably clean so that the reflective qualities thereof are not impaired.

(b)License plates shall be fastened to all motor vehicles except trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand (12,000) pounds on the front and rear of such vehicles not less than eight (8) nor more than forty-eight (48) inches above the ground, with the letters and numbers thereon right side up. The license plates on trailers, motorcycles, motortricycles and motorscooters shall be displayed on the rear of such vehicles, with the letters and numbers thereon right side up. The license plate on trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand (12,000) pounds shall be displayed on the front of such vehicles not less than eight (8) nor more than forty-eight (48) inches above the ground, with the letters and numbers thereon right side up.

(c)License plates, when properly attached, shall be prima facie evidence that the fees therefor required by state law have been paid.
(Code 1970, § 25-4; Ord. No. 2377, § 1, 11-9-87)
State law reference-Similar provisions, RSMo 301.130(7).

______
*State law reference-Vehicle equipment regulations, RSMo Ch. 307.

Sec. 23-457. Brakes.

All motor vehicles, except motorcycles, shall be provided at all times with two (2) sets of adequate brakes, kept in good working order, and motorcycles shall be provided with one set of adequate brakes kept in good working order.
(Code 1970, § 25-37)
State law reference-Similar provisions, RSMo 307.170(3).

Sec. 23-458. Mufflers required.

The motors of all motor vehicles shall be fitted with properly attached mufflers of such a capacity or construction as to quiet the maximum possible exhaust noise as completely as is done in modern gas engine passenger motor vehicles.
(Code 1970, § 15-36)
State law reference-Similar provisions, RSMo 307.170(2).

Sec. 23-459. Muffler cutouts prohibited.

Muffler cutouts shall not be used and no vehicle shall be driven in such a manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling device or other parts, or by any improperly loaded cargo. Any cutout or opening in the exhaust pipe between the motor and the muffler on any motor vehicle shall be completely closed and disconnected from its operating lever, and shall be so arranged that it cannot automatically open or be opened or operated while such vehicle is in motion.
(Code 1970, § 15-36)
State law reference-Similar provisions, RSMo 307.170(2).

Sec. 23-460. Signaling devices.

Every motor vehicle shall be equipped with a horn, directed forward, or a whistle in good working order, capable of emitting a sound adequate in quantity and volume to give warning of the approach of the vehicle to other users of the street and to pedestrians. Any such signaling device shall be used for warning purposes only and shall not be used for making any unnecessary noise and no other sound-producing signaling device shall be used at any time.
(Code 1970, § 15-35)
State law reference-Similar provisions, RSMo 307.170(1).

Sec. 23-461. Mirrors.

All motor vehicles which are so constructed or loaded that the operator cannot see the road behind his vehicle by looking back or around the side of the vehicle shall be equipped with a mirror so adjusted as to reveal the road behind and be visible from the operator’s seat.
(Code 1970, § 15-38)
State law reference-Similar provisions, RSMo 307.170(4).

Sec. 23-462. Projections on vehicles.

All vehicles carrying poles or other objects, which project more than five (5) feet from the rear or front thereof shall, at any time from a half hour after sunset to a half-hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on any roadway in this city at a distance of five (500) feet ahead, carry a red light at or near the rear end of the pole or other object so projecting. At other times a red flag or cloth, not less than sixteen (16) inches square, shall be displayed at the end of any such projection.
(Code 1970, § 15-39)
State law reference-Similar provisions, RSMo 307.170(5).

Sec. 23-463. Towlines.

When one (1) vehicle is being towed by another, they shall be coupled by a line so that the two (2) vehicles will be separated by not more than fifteen (15) feet and there shall be displayed on the towline a white cloth or paper so that the same will be clearly visible to other users of the street. In addition, both vehicles shall, at any time from a half-hour after sunset to a half-hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on any street or highway at a distance of five hundred (500) feet ahead, display lighted head lamps and rear lamps in accordance with the provisions of this article.
(Code 1970, § 15-40)
State law reference-Similar provisions, RSMo 307.170(6).

Sec. 23-464. Wheels, tires.

(a)It shall be unlawful to drive or convey upon any roadway in the city, any vehicle having on its wheels in any clamps, ridges, extensions, projections, bars, bolts, rods, curves, gutters or other contrivances that will injure or damage any such roadway or any part thereof. Any person who violates the provisions of this subsection shall be liable for the amount of damage his vehicle causes to any street, bridge culvert, sewer or other public property and any such vehicle shall be subject to a lien for the full amount of the damage.

(b)No person shall operate or move within the city any vehicle having wheels or tires which carry onto or deposit in any street or other public place any mud, dirt, sticky substance, refuse or foreign matter.

(c)No person shall operate any motor vehicle upon any road or highway in the city between the first day of April and the first day of November while the motor vehicle is equipped with tires containing metal or carbide studs.
(Code 1970, § 22-6)
State law references-Municipal authority to prohibit use of metal tires on certain streets, RSMo 304.20(2), (5); restriction on use of metal tired vehicles, RSMo 304.250, 307.171(1).

Sec.23-465. Size, weight limitations of vehicles.

(a)It shall be unlawful for any person to operate any motor vehicle or combination of vehicles on the streets of the city, the width, height and length of which exceeds the specifications set forth in RSMo 304.170.

(b)It shall be unlawful for any person to operate any motor vehicle or combination of vehicles on the streets of the city, the weight of which exceeds the specifications set forth in RSMo 304.180.
(Code 1970, § 25-10)

Sec. 23-466. Equipment on commercial vehicles and trailer.

When being operated on any street or highway of this city, commercial motor vehicles and trailers shall be equipped with adequate and proper brakes, lighting equipment, signaling devices, steering mechanisms, horns mirrors, windshield wipers, tires, wheels, exhaust system, glazing, air pollution control devices, fuel tank and any other safety equipment required by the state in such condition so as to obtain a certificate of inspection and approval as required by the provisions of RSMo 307.360.
State law reference-Similar provisions, RSMo 307.170(7).

Sec. 23-467. Emblem required on slow-moving equipment.

(a)No person shall operate on any street or highway in the city any slow-moving vehicle or equipment after sunset to one-half hour before sunrise, any animal-drawn vehicle or any other machinery, designed for use or normally operated at speeds less than twenty-five (25) miles per hour, including all road construction or maintenance machinery except when engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs, which normally travels or is normally used at a speed of less than twenty-five (25) miles per hour unless there is displayed on the rear thereof an emblem as described in, and displayed as provided in subsection (b). The requirement of such emblem shall be in addition to any lighting devices required by section 23-503.

(b)The emblem required by subsection (a) shall be of substantial construction, and shall be a base-down equilateral triangle of fluorescent yellow-orange film or equivalent quality paint with a base of not less than fourteen (14) inches and an altitude of not less than twelve (12) inches. Such triangle shall be bordered with reflective red strips having a minimum width of one and three-fourths (1 ¾) inches, with the vertices of the overall triangle truncated such that the remaining altitude shall be a minimum of fourteen (14) inches. Such emblem shall be mounted on the rear of such vehicle near the horizontal geometric center of the rearmost vehicle at a height of not less than four (4) feet above the roadway, and shall be maintained in a clean, reflective condition. The provisions of this section shall not apply to any vehicle or equipment being operated on a travel or dirt surfaced public highway.

(c)No emblem shall be required on machinery or equipment pulled or attached to a farm tractor providing the machinery or equipment does not extend more than twelve (12) feet to the rear of the tractor and permits a clear view of the emblem on the tractor by vehicles approaching from the rear.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.127(a), (2), (4).

Sec. 23-468. Protective headgear for operators and passengers on motorcycles.

(a)Every person operating or riding as a passenger on a motorcycle upon any public roadway in the city shall wear protective headgear at all times while the motorcycle is in motion.

(b)Protective headgear mentioned in this sections hall meet reasonable standards and specifications that may now or hereafter be established by the state director of revenue.
(Code 1970, § 25-311)
State law reference-Protective headgear for motorcyclists, RSMo 302.020(3).

Sec. 23-469. Buses to be marked.

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 (8) 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 signaling device, while will display a signal plainly visible from the front and rear and indicating intention to stop.
(Code 1970, § 25-330)
State law reference-Similar provisions, RSMo 304.050(2).

Sec. 23-470. Child restraint system usage required.

(a)Every person transporting a child under the age of four (4) years shall be responsible, when transporting such a child in a motor vehicle operated by that person on the streets or highways of this city, for providing for the protection of such child. When traveling in a motor vehicle, except for a public carrier for hire, the child shall be protected by an approved child passenger restraint system approved by the department of public safety.

(b)Any person who violates this section, upon conviction may be punished by a fine of not more than twenty-five dollars ($25.00) and court costs.
(Ord. No. 2359, §§ 1,2, 9-8-87; Ord. No. 2970, §§ 2,3, 10-10-94)
Editor’s note-Ord. No. 2359, §§ 1,2, adopted Sept. 8, 1987, did not specifically amend the code, hence inclusion herein as § 23-470 was at the discretion of the editor.

Sec. 23-471. Seat belt usage required in passenger cars.

(a)As used in this section, the term “passenger car” means 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 bicycles and trucks.

(b)Each driver, except persons employed by the United States Postal Service while performing duties for that Federal Agency which require the operator to service postal boxes from their vehicles, or which require frequent entry into and exit from their vehicles, and front seat passengers of a passenger car manufactured after January 1, 1968, operated on a street or highway in this city, shall wear a properly adjusted and fastened safety belt that meets Federal National Highway , Transportation and Safety Act requirements; except that a child less than four (4) years of age shall be protected as required in RSMo 210.104. Each driver of a motor vehicle transporting a child four (4) years of age or more, but less than sixteen (16) years of age, in the front seat of the motor vehicle, shall secure the child in a properly adjusted and fastened safety belt. No person shall be stopped, inspected, or detained solely to determine compliance with this section. The provisions of this section shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about his or her body.

(c)Any person violates paragraph (b) of this section upon conviction may be fined no more than ten dollars ($10.00). All other provisions of law and court costs may be imposed if court costs have been assessed on any other charge arising out of the same occurrence.
(Ord. No. 2367, §§ 1-3, 10-12-87)
Editor’s note-Ord. No. 2367, §§ 1-3, adopted Oct. 12, 1987, did not specifically amend the Code; hence inclusion herein as § 23-471 was at the discretion of the editor.

Sec. 23-472. Vision-reducing material on vehicle windows.

No person shall operate any motor vehicle with any sun-screening device or vision-reducing material on the windows of the vehicle unless the same complies in all respects with RSMo 307.173 and as the same may be hereafter amended.
(Ord. No. 2632, § 1, 3-25-91; Ord. No. 3710, § 1, 4-8-02)

Secs. 23-473 – 23-480. Reserved.

  DIVISION 2. LIGHTS*

Sec. 23-481. Definitions.

As used in this division, the following words and phrases shall have the meanings respectively ascribed to them:

Approved shall mean approved by the state director of revenue and, when applied to lamps and other illuminating devices, means that any such lamps and devices must be in good working order.

Auxiliary lamp shall mean an additional lighting device on a motor vehicle used primarily to supplement the head lamps in providing general illumination ahead of a vehicle.

Head lamp shall mean a major lighting device capable of providing general illumination ahead of a vehicle.

Mounting height shall mean the distance from the center of the lamp to the surface on which the vehicle stands.

Multiple-beam head lamps shall mean head lamps or similar devices arranged so as to permit the driver of the vehicle to use one of two (2) or more distributions of light on the road.

Reflector shall mean an approved device designed and used to give an indication by reflected light.

When lighted lamps are required shall mean at any time from a half-hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead.
(Ord. No. 1996, § 2, 11-10-80)
Cross reference-Definitions and rules of construction generally, § 1-2.
State law reference-Similar definitions, RSMo 307.020.

_____
*State law reference-Light regulations, RSMo 307.020 et seq.

Sec. 23-482. Head lamps required.

(a)Except as otherwise provided in this division, every motor vehicle other than a motor-drawn vehicle and other than a motorcycle shall be equipped with at least two (2) approved head lamps mounted at the same level with at least one on each side of the front of the vehicle.

(b)Every motorcycle shall be equipped with at least one and not more than two (2) approved head lamps. Every motorcycle equipped with a sidecar or other attachment shall be equipped with a lamp on the outside limit of the attachment capable of displaying a white light to the front.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.045.

Sec. 23-483. When required.

(a) No person shall drive, move, park or be in custody of any vehicle or combination of vehicles on any street during the times when lighted lamps are required unless his vehicle or combination of vehicles displays lighted lamps and illuminating devices as required by this division.

(b) As required by this division, lighted lamps are to be required beginning one-half hour after sunset, to one-half hour before sunrise or any other time when there is not sufficient light to render clearly discernable persons and vehicles on the roadway at a distance of five hundred (500) ft. ahead, or any time the weather conditions require usage of the motor vehicles windshield wipers to operate the vehicle in a careful and prudent manner, or during periods of fog when persons or vehicles are not clearly discernable on the roadway at a distance of five hundred (500) ft. ahead.
(Ord. No. 1996, § 11-10-80; Ord. No. 4000, § 1, 3-14-05)
State law reference-Similar provisions, RSMo 307.040.

Sec. 23-484. Focus, candlepower.

No person shall use on any vehicle any approved electric lamp or similar device unless the light source of the lamp or device complies with the conditions of approval as to focus and rated candlepower.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.040.

Sec. 23-485. Permissible substitutes for head lamps.

Motor vehicles need not be equipped with approved head lamps if, during the times when lighted lamps are required, the vehicle is equipped with two (2) lighted lamps on the front thereof displaying white or yellow lights without glare capable of revealing persons and objects seventy-five (75) feet ahead; provided, however, that no such motor vehicle shall be operated at a speed in excess of twenty (20) miles per hour during the times when lighted lamps are required.
(Ord. No. 1996. § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.050.

Sec. 23-486. Arrangement of single-beam head lamps.

Approved single-beam head lamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall at a distance of twenty-five (25) feet ahead project higher than a level of five (5) inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two (42) inches above the level on which the vehicle stands at a distance of seventy-five (75) feet ahead. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred (200) feet.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.055.

Sec. 23-487. Arrangement of multibeam head lamps.

Except as otherwise provided in this division, the head lamps or the auxiliary lamps or combination thererof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that any such selection can be made automatically, subject to the following limitations:
(1)There shall be an uppermost distribution of light, or composite beam, so aimed and of such an intensity as to reveal persons and vehicles at a distance of at least three hundred fifty (350) feet ahead for all conditions of loading; and

(2)There shall be a lowermost distribution of light, or composite beam so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead; and on a straight level road under any condition of loading, none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.060.

Sec. 23-488. New vehicles shall have beam indicator.

Every new motor vehicle registered in this state after January 1, 1942, which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of lights from the headlamps is in use, and shall not otherwise be lighted. Any such indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
(Ord. No. 1996, § 2, 10-11-80)
State law reference-Similar provisions. RSMo 307.065.

Sec. 23-489. Dimming of lights.

Every person driving a motor vehicle equipped with multiple-beam road lighting equipment, during the time when lighted lamps are required, shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, or is within three hundred (300) feet to the rear of another vehicle traveling in the same direction, the driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the other driver, and in no case shall the high-intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a distance of twenty-five (25) feet ahead, and in no case higher than a level of forty-two (42) inches above the level upon which the vehicle stands at a distance of seventy-five (75) feet ahead.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.070.

Sec. 23-490. Tail lamps reflectors.

(a) Every motor vehicle and every motor-drawn vehicle shall be equipped with at least two (2) rear lamps, not less than fifteen (15) inches or more than forty-eight (48) inches above the ground upon which the vehicle stands, which when lighted will exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear; provided, however, that the rear lamps may be mounted higher than forty-eight (48) inches on any vehicle carrying inflammable liquids as cargo. Either such rear lamps or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration marker and render it clearly legible from a distance of fifty (50) feet to the rear. When the rear registration marker is illuminated by an electric lamp other than the required rear lamps, all such lamps shall be turned on or off only by the same control switch at all times.

(b)Every motorcycle registered in this state, when operated on a street, shall also carry at the rear, either as part of the rear lamp or separately, at least on approved red reflector, which shall be of such size and characteristics and so maintained as to be visible during the times when lighted lamps are required from all distances within three hundred (300) feet to fifty (50) feet from the vehicle when directly in front of a motor vehicle displaying lawful undimmed head lamps.

(c)Every new passenger car, new commercial motor vehicle, motor-drawn vehicle and omnibus with a capacity of more than six (6) passengers registered in this state, when operated on a street, shall also carry at the rear at least two (2) approved red reflectors, at least one at each side, so designed, mounted on the vehicle and maintained as to be visible during the times when lighted lamps are required from all distances within five hundred (500) to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed head lamps. Every such reflector shall meet the requirements of this division and shall be mounted upon the vehicle at a height not to exceed sixty (60) inches nor less than twenty-four (24) inches above the surface upon which the vehicle stands.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.075.

Sec. 23-491. Auxiliary lamps.

Any motor vehicle may be equipped with not to exceed three (3) auxiliary lamps mounted on the front at a height not less than twelve (12) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands.
(Ord. No. 1996, § 2, 11-10-80)

Sec. 23-492. Cowl, fender lamps.

Any motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit a white or yellow light without glare.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.085.

Sec. 23-493. Running board lamps.

Any motor vehicle may be equipped with not more than one (1) running board courtesy lamp on each side thereof which shall emit a white or yellow light without glare.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.085.

Sec. 23-494. Backup lamps.

Any motor vehicle may be equipped with a backup lamp, either separately or in combination with another lamp, but no such backup lamp shall be continuously lighted when the motor vehicle is in forward motion.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.085.

Sec. 23-495. Spot lamps.

Any motor vehicle may be equipped with not to exceed one (1) spot lamp but every lighted spot lamp shall be so aimed and used as not to be dazzling or glaring to any person.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.090.

Sec. 23-496. Arrangement of lamps, other than head lamps.

Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, front direction signals or auxiliary lamps which projects a beam of light of an intensity greater than three hundred (300) candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five (75) feet from the vehicle.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.100.

Sec. 23-497. Colors of various lamps.

Head lamps, when lighted, shall exhibit lights substantially white in color; auxiliary lamps, cowl lamps and spot lamps, when lighted, shall exhibit lights substantially white, yellow or amber in color.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.095

Sec. 23-498. Limitation on number of lamps lighted at one time.

At the times when lighted lamps are required, at least two (2) lighted lamps shall be displayed, one on each side of the front of every motor vehicle except a motorcycle and except a motor-drawn vehicle except when the vehicle is parked subject to the provisions governing lights on parked vehicles. Whenever a motor vehicle equipped with head lamps as in this division required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of an intensity greater than three hundred (300) candlepower, not more than a total of four (4) of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.105.

Sec. 23-499. Restriction on use of red lights.

No person shall drive or move any vehicle or equipment, except a school bus when used for school purposes or an emergency vehicle upon any street or highway, with any lamp or device thereon displaying either a red or blue light visible from directly in front thereof.
()rd. No. 1996, § 2, 11-10-80); Ord. No. 2253, § 9, 11-12-85)
State law reference-Similar provisions, RSMo 307.095.

Sec. 23-500. Flashing signals.

Alternately flashing warning signals may be used on school buses when used for school purposes and on motor vehicles when used to transport United States mail from post offices to boxes of addressees thereof and on authorized emergency vehicles, but are prohibited on other motor vehicles except as a means for indicating a right or left turn.
(Code 1970, § 9-3)
State law reference-Similar provisions, RSMo 307.175.

Sec. 23-501. Horse-drawn vehicles.

Any person who shall place or drive, or cause to be placed or driven upon or along any roadway of the city any horse-driven vehicle whatsoever, whether in motion or at rest, shall, after sunset to one-half hour before sunrise, have attached to every such vehicle at the rear thereof a red taillight or a red reflecting device of not less than three (3) inches in diameter of effective area or its equivalent in area. When any such device shall consist of reflecting buttons there shall be no less than seven (7) buttons covering an area equal to a circle with a three-inch diameter. The total subtended effective angle of reflection of every such device shall be no less than sixty (60) degrees and the spread and efficiency of the reflected light shall be sufficient for the reflected light to be visible to the driver of any motor vehicle approaching such horse-drawn vehicle from the rear of a distance of not less than five hundred (500) feet.
(Ord. No. 1966, § 2, 11-10-80)
Cross reference-Livestock, § 5-21 et seq.
State law reference-Similar provisions, RSMo 307.125.

Sec. 23-502. Parked vehicles.

(a)Whenever a vehicle is lawfully parked upon any roadway in this city during the hours between a half-hour after sunset and a half-hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of five hundred (500) feet upon any such street or highway, no lights need be displayed upon any such parked vehicle.

(b)Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half-hour after sunset and a half-hour before sunrise and there is not sufficient light to reveal any person or object within a distance of five hundred (500) feet upon the highway, a vehicle so parked or stopped shall be equipped with one (1) or more lamps meeting the following requirements: At least one (1) lamp shall display a white or amber light visible from a distance of five hundred (500) feet to the front of the vehicle and the same lamp or at least one (1) other lamp shall display a red light visible from a distance of five hundred (500) feet to the rear of the vehicle, and the location of the lamps shall always be such that at least one (1) lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic.

(c)Any lighted head lamp upon a parked vehicle shall be depressed or dimmed.

(d)The provisions of this section shall not apply to a motor-driven cycle.
(Code 1970, § 25-223; Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 300.435, 307.110.

Sec. 23-503. Other vehicles; how lighted.

All vehicles, including agricultural machinery or implements, road machinery, road rollers, traction engines and farm tractors not in this division specifically required to be equipped with lamps, shall be equipped during the times when lighted lamps are required with at least one lighted lamp or lantern exhibiting a white light visible from a distance of five hundred (500) feet to the front of the vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred (500) feet to the rear, and all such lamps and lanterns shall exhibit lights to the sides of any vehicle.
(Ord. No. 1996, § 2, 11-10-80)
State law reference-Similar provisions, RSMo 307.115.

Secs. 23-504 – 23-520. Reserved.

ARTICLE X. ACCIDENTS*

Sec. 23-521. Dispersement of vehicles.

It shall be the duty of every police officer investigating a motor vehicle accident on the streets within the city, upon arrival at the scene of such accident, to immediately disperse all motor vehicles not actually involved in the accident, including ambulances, trucks, wreckers or any other motor vehicles, from the scene of such accident if in the opinion of such officer such vehicles are interfering with or hindering the investigation of such accident or are interfering or hindering the flow of traffic at the point of such accident.
(Code 1970, § 25-37)

Sec. 23-522. Leaving the scene of a motor vehicle accident.

(a)A person commits the offense of leaving the scene of a motor vehicle accident when being the operator or driver of a vehicle on the highway or on any publicly or privately owned parking lot or parking facility generally open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property, due to his culpability or to accident, he leaves the place of the injury, damage or accident without stopping and giving his name, residence, including city and street number, motor vehicle number and chauffeur’s or registered operator’s number, if any, to the injured party or to a police officer, or if no police officer, or if no police officer is in the vicinity, then to the nearest police station or judicial officer.

(b)For the purposes of this section, all police officers shall have jurisdiction, when invited by an injured person, to enter the premises of any privately owned parking lot or parking facility for the purpose of investigating an accident and performing all necessary duties regarding such accident.
(Code 1970, § 25-59)
State law reference-Similar provisions, RSMo 577.060.

Sec. 23-523. Notice to police.

(a)The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500.00) or more to one person shall immediately by the quickest means of communication give notice of the accident to the police department if the accident occurs within the city.

(b)Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in subsection (a) and there was another occupant in the vehicle at the time of the accident capable of doing so, that occupant shall give, or cause to be given, the notice not given by the driver.
(Code 1970, §§ 25-55, 25-57(a).
State law reference-Similar provisions, RSMo 300.110, 300.120(1).

*Cross reference-Police department, § 17-16 et seq.

Sec. 23-524. Report to police.

(a)The driver of a vehicle which is in any manner involved in an accident within this city resulting in bodily injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500.00) or more to one (1) person shall, within five (5) days after the accident, forward a written report of the accident to the police department. The provisions of this section shall not be applicable when the accident has been investigated at the scene by a police officer while the driver was present thereat.

(b)Whenever the driver is physically incapable of making a written report of an accident as required in subsection (a) and the driver is not the owner of the vehicle, then the owner of the vehicle involved in the accident shall, within five (5) days after the accident, make the report not made by the driver.
(Code 1970, §§ 25-56, 25-57(b).
State law reference-Similar provisions, RSMo 300.115, 300.120(2).

Sec. 23-525. Confidential nature of reports.

(a)All written reports made by persons involved in accidents or by garages shall be without prejudice to the individual so reporting and shall be for the confidential use of the police or other governmental agencies having use for the records for accident prevention purposes, except that the police or other governmental agencies may disclose may disclose the identity of a person involved in an accident when their identity is not otherwise known or when they deny their presence at the accident.

(b)No written reports forwarded under the provisions of this section shall be used as evidence in any trial, civil or criminal, arising out of an accident except that the police shall furnish upon demand of any party to any such trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the police in compliance with law, and, if any such report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved, and the investigating officers.
(Code 1970, § 25-58)
State law reference-Similar provisions, RSMo 300.125.

Sec. 23-526. Garage keeper to report damaged vehicle.

The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a serious accident or struck by any bullets shall report to police headquarters of the city within twenty-four (24) hours after such motor vehicle is received, giving the engine number and the name and address of the owner or operator of such vehicle.
(Code 1970, § 25-35)

Sec. 23-527. Investigations.

It shall be the duty of all police officers to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing thereto.
(Code 1970, § 25-26)
State law reference-Similar provisions, RSMo 300.030.

Sec. 23-528. Traffic accident studies.

Whenever the accidents at any particular location become numerous, the traffic division shall cooperate with the city traffic engineer in conducting studies of any such accidents and determining remedial measures.
(Code 1970, § 25-27)
State law reference-Similar provisions, RSMo 3000.035.

Sec. 23-529. Traffic accident reports.

The traffic division shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. Any such reports shall be available for the use and information of the city traffic engineer.
(Code 1970, § 25-28)
State law reference-Similar provisions, RSMo 300.040.