Chapter 70 – Fire Department

Chapter 70–Fire Department

 

Subchapter A–Organization

(ORD # 00)

 

70.010.    Department Established.  A fire department for the City of Holden, Missouri is hereby established.

 

70.020.    Fire Chief.  The Fire Chief shall be appointed by the Mayor pursuant to the ordinances of the City of Holden and shall thereafter supervise and direct the activities of all fire department personnel.  The Fire Chief shall also have supervising authority and may direct the activities of any city employee or volunteer while at the scene of any fire.  The Fire Chief shall be responsible for the maintenance, safe keeping, and inventory of all fire department property and equipment.  The Fire Chief shall report to the Mayor any safety concern relevant to the operation of the Holden Fire Department or any situation that may constitute a fire hazard affecting the City of Holden.

 

70.030.    Members of the Fire Department.  All members of the Holden Fire Department, whether employees or volunteers, shall serve in those capacities at the pleasure of the Mayor and City Council.

 

70.060.    Compensation.  Each member of the Fire Department shall be compensated as established by the City Council.

(ORD # 19-97)

 

Subchapter B–Mutual Aid Policy

 

Pursuant to the provisions of 70.837 and 320.090 RSMo., all public safety departments of the City may respond to any request for mutual or emergency aid from another political subdivision or central dispatch at the option of the chief or highest ranking officer of the department.  Aid should be rendered only when such aid can be provided safely and can be rendered without substantially jeopardizing the protection of the citizens of the City.

Chapter 71 – Police Department

Chapter 71–Police Department

 

71.010.    Definitions.

 

  1. Chief of police. Shall be the chief administrative officer of the Department of Police.  All other police officers, regardless of rank, shall be under the direct supervision of the chief of police.

 

  1. Assistant chief of police. Shall be second in command and shall be under the supervisory authority of the chief of police only.  He shall act as chief of police whenever the chief of police shall be absent or unable to perform his duties.

 

  1. Shall be directly responsible to the chief of police and assistant chief of police only, and shall have general supervisory power over all other officers.

 

  1. Shall be directly under the supervision of the chief of police, assistant chief of police and captain and have general supervisory powers over all other officers.

 

  1. Shall be under the supervision of the chief of police, assistant chief of police, captain and sergeant.

 

  1. Reserve patrolman. Shall be under the supervision of any full-time officer of the City of Holden.

 

  1. Temporary policeman. Shall be under the supervision of any full-time officer of the City of Holden unless temporarily appointed to the rank of sergeant, in which case he will act with the same authority over other officers as if he were a full-time officer with the rank of sergeant.

 

  1. Probationary policeman. Shall be a full-time police officer below the rank of sergeant, or temporary officer with the rank of sergeant who has not completed his 180-day probationary period.

71.020.    Composition.  The police department of the City shall consist of a chief of police and such other officers and patrolmen as the City may hire from time to time.

 

71.030.    Duties of the chief of police.  The chief of police shall be the chief administrative officer of the department of police and shall be responsible for the enforcement and maintenance of law and order and shall:

 

  1. Make all assignments of officers. Assign the time that each officer shall report to work, the hours each officer shall work and the form of work each officer shall engage in.

 

  1. The police chief shall have the power to make temporary appointments to fill immediate needs. Said appointments shall be made from a list of certified personnel provided by the merit board provided, however, the police chief may make temporary appointments of personnel from other law enforcement agencies if needed for an emergency or special event.  Any temporary

appointment must be approved by the City Council at the next City Council

meeting.  No temporary appointment may be made for a period exceeding thirty days and no individual may be appointed whose cumulative time under temporary appointment exceeds 180 days.

 

71.035.    Merit Board-police department.

 

  1. There is hereby created and established a merit system police department and Merit Board within and for the City, under and subject to the provisions of Sections 85.541-85.571, RSMo., with the Merit Board to administer its operation as herein provided.

 

  1. Any person presently holding a position in the police department shall be retained in their present position without further performance tests, and no reappointment shall be necessary, but such person shall thereafter be subject in all other respects to this section in the case of promotions within the department.

 

  1. Police department shall have a chief of police, and may have an assistant chief of police and such number of other officers of such rank and grade as shall be prescribed by ordinance, to be paid such salary as may be established from time to time.

 

  1. The Merit Board shall adopt and provide for open fitness and competitive examinations as to the fitness and qualifications for all the positions in the police department.

 

  1. The Merit Board shall provide from the returns of the examination a certification list of persons for each classification of positions. The Merit Board shall have the authority to revise the certification lists from time to time as circumstances may warrant.

 

  1. There are hereby established the following classifications of police officers:

 

  1. Class I: chief of police.

 

  1. Class II: assistant chief of police, captain and sergeant.

 

  1. Class III: Class I Patrolman Class II Patrolman

Class III Patrolman

 

  1. Class IV: Reserve officers and temporary officers.

 

  1. The chief of police shall recommend one person from the applicants certified by the Merit Board for each opening in the police department to the City Council.

 

  1. (ORD # 4-95) Any office appointed shall be placed on probation as provided for in Chapter 23.  Any probationary officer may be discharged by the Chief of Police with the approval of the Mayor, without cause, during his probationary period.  An officer so discharged shall not be entitled to have his discharge reviewed by the Merit Board.
  1. The chief of police shall have general supervisory powers over the assistant chief and all other employees of the police department, and shall have the power to promote and demote officers under his command if said officers have been approved by the Merit Board until the next meeting of the City Council.

 

  1. The mayor, with the approval of a majority of all council members, or the City Council with a two-thirds majority vote, shall have the authority to suspend, demote or discharge any member of the police department with cause. Appeal of this decision must be initiated within 48 hours of the suspension, the demotion or discharge.  A decision of the Merit Board shall be final.  If the decision is in favor of the officer, he shall be paid all wages lost as the result of the suspension, demotion or discharge and shall be reinstated with all rights unimpaired.

 

  1. The chief of police shall have the authority to suspend for a definite period of time, not exceeding thirty days, any officer in Class II, and III, for cause. In the event of an appeal to the Merit Board, the decision of that board shall be final.  If the decision is in favor of the aggrieved officer, he shall be paid all wages lost as a result of the suspension, demotion or discharge.

 

71.036.    Merit Board personnel.

 

  1. The Merit Board provided for herein shall consist of six members appointed by the mayor with the consent of the majority of the City Council. All appointments shall be for three years, with two of said appointments being made each year.  The mayor shall have the power to fill all vacancies for unexpired terms in a like manner as the original appointments are made.
  2. No person shall be appointed to the Merit Board unless they have attained their twenty-first birthday, they are registered voters of the City and have been a resident of the City for at least six months prior to the appointment. Said persons shall be of good character and reputation, and shall not hold any other office or public employment with the City, (Ord.#7-87) or within any other law enforcement agency.  Nor shall they be directly related by blood or marriage to any member of the police department during their tenure in office.

 

  1. The mayor may, with the consent of the majority of the City Council, remove any member of the Merit Board from office. A member may also be removed by a two-thirds vote of the City Council, independently of the mayor’s approval or recommendation.  A removal from offices herein provided shall result in a vacancy in said office.

 

  1. The Merit Board shall organize itself and shall be the Board’s duties, as a body, to:

 

  1. Hold regular meetings at least once a month or as often as may be required in the proper discharge of its duties;

 

  1. Choose one of the members of the Board each year to act as chairman, but no member shall serve more than two consecutive years in this capacity;

 

  1. Require a majority of the members to constitute a quorum to transact business;

 

  1. Prepare or cause to be prepared and give examinations to candidates for appointment and promotion to provide lists of certified persons to the mayor;

 

  1. Appoint a secretary to record the minutes of the meeting;

 

  1. Perform such other duties as the City may by ordinance prescribe.

 

  1. The Merit Board shall have the authority and power to uphold or reduce, or modify the severity of any disciplinary action which results in an appeal to said board, with such action taken by the board being final.

 

71.037.    Residence of Officers.  (ORD # 03-05  Repealed.

 

71.040.    Patrolmen, assignments.  Assignment of a patrolman is at the discretion of the chief of police.  For the purpose of this Chapter, all police (including the chief) are considered patrolmen.

 

71.050.    Patrolmen, duties.  For each patrolman shall;

 

  1. be familiar with every part of town, observing anything unusual to assist in the prevention of crime.

 

  1. examine all doors and windows of commercial and industrial buildings at night and report to the owner thereof any that are nor properly secured.
  2. report whenever he has reasonable grounds to suspect that any building or part thereof is being used in violation of the law or is the resort for persons of known bad character and be prepared to give information relative to the nature of business conducted by firms on his beat.

 

  1. not leave the City limits while on duty except in case of emergency and in such cases must file a written report of the same with the city clerk who shall make the report available to the mayor.
  2. enforce all traffic ordinances in addition to his other duties.
  3. observe and report all violations of City ordinances and state law.
  4. be responsible for the care and operation of the vehicle assigned to him.

 

71.060.    Standard of conduct.  Any of the following is sufficient cause for the suspension or discharge of any member of the police department:

 

  1. For drinking intoxicating liquor while on duty or in uniform.

 

  1. For intoxication while either on or off duty.
  2. For willful disobedience to any order lawfully issued to him.

 

  1. For disrespect shown to the mayor or a councilman.

 

  1. For incompetency in the performance of his duties.

 

  1. For any neglect of duty.

 

  1. For making known any investigation or proposed movement of the department to any person not a member of the department or the City Council, or for discussing the affairs of the department, in a manner likely to disrupt the movement or discipline of the department, with any person not a member of the department or the City Council.

 

  1. For unnecessary and unwarranted violence toward a prisoner.
  2. For cowardice or for lack of energy which may be construed as either incompetency or gross neglect of duty.

 

  1. For sleeping while on duty.

 

  1. For violating any of the rules, regulations, or orders of the department or of the mayor, if same be in writing.

 

  1. For indecent, profane or harsh language while on duty or in uniform.

 

  1. For absence without leave.

 

  1. For conduct unbecoming an officer or a gentleman, whether on duty or off duty.

 

  1. For conduct detrimental to the good order and discipline of the department.

 

  1. For careless handling of City property, either fixed or movable.

 

  1. For conviction of any felony or misdemeanor.

 

  1. For repeated violation of City ordinances.

 

  1. For failure to cooperate with the City prosecutor in the preparation or trial of any case, or for providing assistance to a defendant or defense counsel in any legal action brought by the City.

 

  1. For loss of firearm or other weapon while on duty.

 

71.070.    Right of appeal.  The right of appeal granted City employees by Section 23.150 (7) et seq. is expressly preserved for members of the department.

 

71.080.    Conduct and deportment.  All members of the department shall be quiet, civil, and orderly in their conduct and deportment, and shall at all times be attentive and zealous in the discharge of their duty, controlling their temper and exercising the utmost patience and discretion.  They shall answer any questions put to them with all possible correctness and courtesy (not in a short or careless manner), avoiding at all times unnecessary conversation or argument.

 

71.090.    Disturbances.  Any member of the department shall go instantly to the scene of any disturbance or breach of the peace occurring within his vicinity, use his best effort to restore peace and quiet, making such arrests as may be necessary, and notify and make necessary reports to the Police Department.

 

71.100.    Truthfulness of members.  All members of the department are required to speak the truth at all times, and under all circumstances, whether under oath or not.  If forbidden by the rules of the department to divulge information, they will state “No Comment.”

 

71.110.    Members to give name.  Any member of the department, when called upon to do so by any person under any circumstances, shall give his name in a respectful and courteous manner.

 

71.120.    Cooperation.  Every member of the department is expected to discharge his duties with coolness and firmness in all cases; and in times of extreme peril all available officers shall act together and assist and protect each other in restoring peace and order.  Anyone shirking his duty in case of danger or responsibility in an emergency shall be considered unworthy of a place in the department, and may be discharged.

 

71.130.    Members to use judgment.  All members of the department shall be particularly careful not to interfere officiously or unnecessarily in the private business of any person, but when required to act in the discharge of their duty they shall do so with energy and decision, and in the proper exercise of their authority they will receive the fullest support of the department.

 

71.140.    Testimony.  Officers shall appear in court on any case in which they are witnesses.  If duty demands their absence from the municipal court (police court), they shall report the matter to the chief of police in order that the case may be continued.  Officers on the witness stand, in response to questions asked, will state in clear and distinct words, truthfully, all they know regarding a matter, without fear or reservation and without any desire or design to influence the result.

 

71.150.    Members will be familiar with rules, etc. Each member of the department will be furnished with a copy of any rules, regulations, and orders issued by the Chief of Police or the Mayor, which he shall keep in his possession, and with which he shall be familiar at all times.

 

71.160.    Uniform.  Every member of the department shall wear the uniform as the chief of police may from time to time prescribe and said uniforms shall be furnished by the officers and remain the property of the officers.  They shall, when on duty, carry such equipment as the chief of police may prescribe  or adopt and when in uniform, keep their badge always in sight.  No member of the department shall ever appear for duty in civilian clothing without special permission of the chief of police or as special circumstances may warrant.

 

71.170.    Same, when off duty.  No member of the department shall ever wear his uniform or any part of it when off duty, except with the express permission of the chief of police.

 

71.180.    Same, care of uniform and equipment.  All members of the department will be required to be neat in

appearance and keep their uniforms and equipment in good condition and in perfect order and repair.

71.190.    Restrictions applying to suspended officers.  No member of the department shall wear his uniform or carry a pistol while under suspension for any cause; and such member shall immediately surrender his badge and police identification to the chief of police when notified of his suspension.

 

71.200.    Duty hours.  Although certain hours are required for the performance of duty on ordinary occasions, members must be prepared at all times to act immediately on notice that their service is required.  Members of the department shall be considered as always on  duty for the purpose of discipline.  The hours of duty will be regulated by the chief of police.

 

71.210.    Police vehicles.  Police officers are not to use police vehicles except in the discharge of their duties.  Police vehicles are not available for personnel use.

 

71.220.    Duty to preserve peace.  Although regular hours of duty shall be assigned to all members of the department, it shall be the duty of every officer of the department, at all times, day or night, within the City, to preserve the public peace, protect the rights of persons and property, guard the public health, preserve order at all elections and public assemblies; prevent and remove, if possible, nuisances on and in all streets, highways, areas, alleys, and other places, and enforce the criminal law of the State of Missouri and the ordinances of the City.

 

71.230.    Use of unnecessary violence toward prisoners.  No officer shall willfully mistreat or use unnecessary violence toward any person, prisoner or otherwise.  He shall not strike any prisoner except as a last resort in an effort to overcome resistance or prevent escape.  An officer shall not shoot at a fleeing person or any escaping prisoner unless he has probable cause to believe that such person has committed a felony.

 

71.235.    (ORD.10-99)   Excessive force.

 

  1. The City hereby adopts and will enforce this policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations. The City also prohibits the physical barring of any entrance or exit to such a facility and will enforce all applicable state laws regarding same.
  2. Any person found to be violating any provisions of this resolution shall be served by the City with written notice stating the nature of the violation.

 

  1. Any person guilty of this violation shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred (100) dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
  2. Any person violating any of the provisions of this resolution shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.

 

 

 

 

 

71.240.    Qualifications for police officers.  All full-time police  officers employed by the City shall be between the ages of twenty-one years of age and sixty-five years of age.  They shall me of good moral character and shall not have been convicted of any misdemeanor or felony.  They shall be able  to write legibly and shall furnish at least three good character references.  A written examination for any applicant for police officer for the City shall be discretionary with the City Council.  Any police officer so employed shall reside with the City.  Any of these qualifications may be waived by the City Council by resolution.

Chapter 72 – Municipal Court

(ORD. # 1-90)

 

Chapter 72–Municipal Court and Prosecuting Attorney

 

72.010.    Municipal Cases to be heard by Associate Circuit Judge.

 

The City of Holden, Johnson County, Missouri hereby elects to have all violations of its municipal ordinances heard and determined by the Associate Circuit Judge of Johnson County, Missouri, 17th. Judicial Circuit or such other judge as shall be assigned by the presiding judge of the 17th. Judicial Circuit of Missouri, pursuant to the provisions of Section 479.040, Revised Statutes of Missouri.  Court shall be held at the Johnson County COurthouse, Warrensburg, Missouri on the Third (3) Tuesday of the month or at such reasonable times and places as designated by the presiding judge of the 17th. Judicial Circuit.

 

72.020.    Office of City Prosecutor, Appointment, Term, Duties, Qualifications and Salary.

 

It is the policy and intent of the City Council of Holden that all City

Ordinance Violations be prosecuted fairly and equally before the law, without regard for the sex, race, religion, creed or community standing of the accused; toward that end;

 

  1. The Office of the City Prosecutor is hereby established and shall hereafter be filled by appointment as prescribed by Holden Ordinance 21.100 (2) at the first City Council Meeting after the municipal election at which the position of City Attorney is filled. The City Prosecutor shall hold said office for a term of Two (2) Years.

 

  1. The Mayor shall appoint, subject to the approval of the City Council, a qualified person to perform the duties of City Prosecutor. A vacancy in the office of City Prosecutor shall be filled as prescribed in Holden Ordinance 21.170 (2).

 

  1. Once appointed to office, the City Prosecutor shall be subject to removal by the procedure designated in Holden Ordinance Chapter 21, subchapter M-Removal of Officers.

 

  1. The person appointed by the Mayor shall possess all of the qualifications of a person holding public office in the State of Missouri and shall be a practicing attorney, licensed in Missouri. The person appointed shall be, or immediately after appointment become, a member of the Johnson County Bar Association.

 

  1. It shall be the regular duty of the City Prosecutor to prosecute all City Ordinance Violations in the Municipal Court as and for the City of Holden. He shall receive as consideration therefore a sum of money as shall be set by the City Council of Holden, said sum paid on a monthly basis.
  2. In the event a Defendant in a Holden Municipal Case demands a jury trail or a given Defendant appeals a judgment entered by the Municipal Judge, the City Prosecutor shall receive as compensation the sum of Fifty ($50.00) Dollars per hour or such compensation as the City Prosecutor and the City Council shall agree.

 

 

72.030.    (ORD # 2-96) Appointing Special City Prosecutor in Case of Conflict of Interest or Unavailability of City Prosecutor.

 

  1. In the event the City Prosecutor is unable to investigate, file, or prosecute any charge or offense for the City of Holden due to a conflict of interest, unavailability, or any other reason, the City Attorney may appoint such other special prosecutor on a case-by-case basis to stand in his or her place to carry out the interests of the city.  Such special prosecutor shall be compensated by the city at the rate of $80.00 per hour.

 

72.040.    (Ord. #21-04) Court Costs.  In addition to any fine that may be imposed, there shall be the following costs assessed.

 

  1. There shall be assessed as basic court costs a sum equal to the sum provided for as basic court costs in Section 479.260 RSMo., as amended from time to time.

 

  1. In addition to any other costs that may be imposed, there shall be a surcharge assessed in all municipal cases which shall be used for law enforcement training. The collection and disbursement of this surcharge shall be made pursuant to the provisions of Section 488.5336 RSMo., as amended from time to time, in the maximum amount authorized.

 

  1. In addition to any other costs that may be imposed, there shall be a surcharge assessed in all municipal cases for the Crime Victim’s

Compensation Fund.  The collection and disbursement of this surcharge shall be made pursuant to the provisions of Section 595.045 RSMo., as amended from time to time, in the maximum amount authorized.

 

  1. In addition to any other costs that may be imposed, there shall be a surcharge assessed in all municipal cases for the benefit of shelters for battered persons as defined in Section 455.200. The collection and disbursement of this surcharge shall be made pursuant to the provisions of Section 488.607 RSMo., as amended from time to time, in the maximum amount authorized.

 

  1. The filing fee for applications for a trial de novo shall be in an amount established pursuant to the provisions of Section 479.260 RSMo., and as amended.

 

  1. In addition to any other costs that may be imposed, there shall be assessed as an additional cost, an amount equal to the actual costs which will be assessed against the city by the sheriff for the incarceration of any convicted person in the county jail, including any transportation costs associated with the incarceration.

 

  1. Nothing contained herein shall prevent any court from requiring, as a condition of probation, any person incarcerated in the county jail to pay an amount equal to the actual costs which will be assessed against the city by the sheriff for the incarceration, including any transportation costs associated with the incarceration.

 

 

 

 

 

  1. In addition to any other costs that may be imposed, there shall be an additional cost assessed for all sheriff’s fees submitted to the Court as authorized by law.

 

  1. In addition to costs imposed hereunder, all costs required

to be imposed by State Statute shall be imposed without further enactment.

Chapter 73 – Animals

Chapter 73–Animals

 

Subchapter A–Dogs, Cats and Kennels

 

73.010.    Definitions.  For the purpose of this Chapter the terms defined in this section shall have the meanings herein assigned.

 

  1. Any person, group of persons or corporation owning, keeping or harboring a dog or cat.

 

  1. All domesticated members of Canis Familiaris, male or female, six months of age or over.

 

  1. All domesticated members of Genus Felis, male or female, six months of age or over.

 

  1. Any person, group of persons or corporations feeding or sheltering or otherwise offering asylum, refuge or sanctuary to any dog or cat.

 

  1. At large. Any dog or cat that shall be deemed to be at large if permitted or allowed to be off the premises of the owner and not under the control of the owner or a member of his immediate family either by leash, cord, chain or otherwise.

 

  1. Spayed female cat. A female cat certified by a licensed veterinarian to have been spayed.

 

  1. Spayed female dog. A female dog certified by a licensed veterinarian to have been spayed.

 

  1. Neutered male dog. A male dog certified by a licensed veterinarian to have been neutered.

 

  1. Neutered male cat. A male cat certified by a licensed veterinarian to have been neutered.

 

  1. A dog under the age of six months.

 

  1. A cat under the age of six months.

 

  1. Humane officer. Any person appointed by the mayor with the approval of the city council whose duty it is to assist in enforcing this Chapter.

73.020.    Enforcement.  The provisions of this Chapter shall be enforced by the chief of police, a duly appointed and acting police officer of the city, and by the humane officers designated and appointed by the mayor with the approval of city council.

73.030.    License and registration required.  All dogs and cats kept, harbored, or maintained by the owners within the city shall be licensed and registered if over six months of age.  Said licenses shall be issued by the city clerk upon payment of a license tax of $1.50 for each male or spayed female and

$3.00 for each unspayed female.  The owner shall state at the time application is made for such license and upon printed forms provided for such purpose, his name and address, and the name, breed, color and sex of each dog or cat owned or kept by him.  Provisions of this section shall not be intended to apply to dogs or cats whose owners are nonresidents temporarily within the city nor to dogs brought into the city for purpose of participating in any dog or cat show, nor to “seeing-eye” dogs properly trained to assist blind persons when such dogs are actually being used to blind persons.

 

  1. Owners shall keep on the dog or cat, at all times when the dog or cat is not inside a private building, a collar or harness, and a tag issued by the city clerk shall be affixed to the collar or harness in such a manner that the tag can easily be seen.

 

  1. No person shall use for any dog or cat a tag issued for a different dog or cat.

 

  1. Upon conviction of any violation of the section such person shall be punished by a fine of not less than $15.00 or more than $100.00.

 

73.040.    Running at large prohibited.

 

  1. (Ord. # 5-98) It shall be unlawful for any person owning, keeping or harboring any animal to permit, suffer, or allow said animal to run at large within the City.

 

  1. Upon conviction of any violation of this section, such person shall be punished by a fine of not less than $15.00 or more than $100.00.

 

73.045.    (Ord. # 5-98) Barking and Annoying Dogs.

 

  1. It shall be unlawful for any person owning, keeping, or harboring upon his/her premises, any barking, yelping, whining, or howling dog if the dog’s action constitutes a nuisance. A dog’s barking, yelping, whining, or howling is a nuisance if the loudness, frequency, or timeliness of the noise is such that it reasonably disturbs any person residing at a residential structure within 100 yards of the property on which the animal is kept or harbored.
  2. It shall be unlawful for any person to own, keep or harbor within the City of Holden, any dangerous or vicious animal, knowing the same to be dangerous or vicious, and suffer or permit said animal to be exposed to the public upon any street, sidewalk or thoroughfare, or on the premises of persons other than the owner or keeper without being muzzled and under restraint by said owner or keeper at all times.

 

73.047.    (ORD # 5-98) Dangerous Dogs.

 

  1. Any dog with one or more of the following characteristics shall be classified as a dangerous dog:

 

  1. (ORD # 7-98) Any dog that has inflicted a severe or fatal injury on a human being on public or private property. Severe injury means any physical injury resulting directly from a dog’s bite that results in bone fractures, lacerations requiring stitches, lacerations more than one and one-half inches long, or medical treatment costing more than $100.00.

 

  1. (ORD # 7-98) Any dog that has more than once killed or severely injured a domestic animal. dog, or cat without provocation, while off the owner’s property. Severe injury means any physical injury resulting from a dog’s bite that results in broken bones, lacerations requiring stitches, lacerations more than one and one-half inches long, or veterinary care for which costs exceed $100.00.

 

  1. Any dog that has more than once bitten a human being without provocation on public or private property other than while on the property of the owner. For purpose of this subsection, “bitten” means when the dog’s teeth have broken or perforated a person’s skin.

 

  1. Any dog that while on the owner’s property, has more than once bitten a human being, other than the owner, or member of the owner’s family who normally resides in the household, without provocation.

 

  1. (ORD # 7-98) Any dog that has killed or severely injured a domestic animal, dog, or cat without provocation, while off the owner’s property. Severe injury means any physical injury resulting from a dog’s bite that results in broken bones, lacerations requiring stitches, lacerations more than one and one-half inches long, or veterinary care for which costs exceed $100.00.

 

  1. Any dog that has bitten a human being without provocation on public or private property other than while on the property of the owner.

 

  1. Any dog that while on the owner’s property, has bitten without provocation a human being other than the owner, or member of the owner’s family who normally resides in the household.

 

  1. (ORD # 7-98) Any dog that has inflicted a severe or fatal injury on a human being after being provoked. Severe injury means any physical injury resulting directly from a dog’s bite that results in bone fractures, lacerations requiring stitches, lacerations more than one and onehalf inches long, or medical treatment costing more than $100.00.

 

  1. Any dog that, when unprovoked, chases a person upon any street, sidewalk, or public or private property other than the property of the owner in a menacing fashion or with an apparent attitude of attack or viciousness, regardless of whether or not a person is injured by such dog.

 

  1. Any dog with a known propensity, tendency, or disposition to attack, cause injury, or otherwise threaten the safety of human beings, domestic animals, other dogs, or cats, even when unprovoked.
  1. If the Chief of Police or Animal Enforcement Officer determines that any dog falls within the classification of a dangerous dog, the Chief of Police or Animal Enforcement Officer shall state that conclusion in writing to be given to the owner of such dog and shall list the basis for such conclusion.  If the city wishes to destroy the dog, this intention must also be stated in writing.  If the owner of the dog is unknown or cannot be located after reasonable effort has been made, the writing shall be given to the person keeping or harboring the dog.  If the owner of the dog disputes the Chief of Police’s or the Animal Enforcement Officer’s conclusion that the dog in question is a dangerous dog, or disputes the city’s decision to destroy the dog, the owner may within five working days submit a written request to the City Clerk

requesting a hearing regarding the dog’s classification as a dangerous dog and the dog’s disposition.  If a hearing is not requested, the dog shall be deemed a dangerous dog and if the city has made known its intention to destroy the dog, the dog shall be destroyed.  If a hearing is requested, the hearing procedures shall be as follows:

 

  1. The hearing shall be before the Mayor or his/her appointee.

 

  1. The hearing and all subsequent appeals shall be conducted pursuant to Chapter 536 RSMo.

 

  1. Pending the outcome of such hearing, the dog must be confined indoors at all times, with a licensed veterinarian, or in an outside structure meeting the requirements set forth in Section 73.047.6e. However, if any of the conduct which allegedly brings the dog within the definition of a dangerous dog took place while the dog was not on the property owner or the person keeping or harboring the dog, or the city has a reasonable basis for concern that the dog will not be securely confined for any reason, or the dog’s alleged conduct is of a nature that the city is seeking the dog’s destruction, the city, at its option, may impound the dog, at the owner’s cost, pending the conclusion of the administrative process.

 

  1. The hearing officer shall issue written findings of fact and conclusions of law within five days after the hearing, addressing whether the dog is a dangerous dog within the provisions of this ordinance and the dog’s disposition.

 

  1. The hearing officer may, at his/her discretion, after considering the dog’s history, the facts of the incident in question, the wished of the victim, and the best interests of the City of Holden, waive or modify any requirement or condition set forth in Section 73.047.6.
  1. (ORD # 11-02) If, after the hearing, the dog in question is determined to be a dangerous dog, the dog shall be seized and impounded by the city and the dog may be humanely destroyed or may be ordered removed from the City of Holden, or may be ordered destroyed and such destruction stayed and the dog ordered handled under the provisions of Section 73.047.6.  If the hearing officer allows the dog to be removed from the city rather that being destroyed, the hearing officer shall stay the destruction of the dog so long as the following requirements and conditions are met and compliance with these conditions continue:

 

  1. All owners of the dog must sign an affidavit verifying that the dog will be permanently removed from the Holden city limits. That the dog will not be placed inside another city, and disclosing the location of where the dog is to be kept.
  2. The dog must be tattooed for identification and the location of the tattoo and the tattoo identification number must be filed with the City Clerk.

 

  1. Photographs of the dog must be taken from each side and be given to the City Clerk for recording.

 

  1. All owners of the dog must sign an affidavit consenting to the immediate seizure, impoundment, and humane destruction of the dog if it is ever found within the Holden city limits from that time forward. All subsequent owners of the dog shall be bound by this provision.

 

  1. If, after hearing, the dog in question is determined to be a dangerous dog, the owner of the dog may request the hearing officer consider staying the destruction of the dog due to special circumstances. Upon such a request, the hearing officer shall determine whether special circumstances exist which would justify staying the destruction of the dog, and is doing so the hearing officer shall consider the dog’s history, the facts of the incident at issue, the wishes of the victim, and best interest of the City of Holden.  If the hearing officer finds that special circumstances exist which justify staying the destruction of the dog, the hearing officer shall order the dog destroyed and stay the destruction under such terms as the hearing officer deems prudent considering public safety and the best interests of the City of Holden  and in addition all requirements of Section 73.047.6 shall be imposed.  If the dog’s owner, keeper, or harborer, fail to comply with the terms or conditions imposed by the hearing officer, or the dog is thereafter found running at large, or subsequently attacks a human being or injures another domestic animal, the Chief of Police or an Animal Enforcement Officer shall notify the owner in writing of the city’s intention to lift the stay of the dog’s destruction and destroy the dog.  If the owner of the animal cannot be located after reasonable effort has been made, the writing shall be given to the person keeping or harboring the dog.  If the owner of the dog does not agree with the city’s intention to lift the stay and destroy the dog, the owner may, within five working days, submit a written request to the City Clerk requesting a hearing.  If a hearing is requested, the hearing officer shall determine if the dog’s owner, keeper, or harborer has failed to comply with the terms and conditions set forth in the stay of destruction; if the dog was found running at large; if the dog attacked a human being; or if the dog injured another animal, and if the hearing officer finds any of the foregoing true, the hearing officer shall order the dog destroyed.

 

  1. Exemptions to dangerous dog classification:

 

  1. No dog may be declared dangerous, if the threat, injury, or damage was sustained by a person who at the time was committing a willful trespass, other tort, or crime upon the premises occupied by the owner, keeper, or harborer of the dog; was teasing, tormenting, abusing, or assaulting the dog; has in the past, tormented, abused, or assaulted the dog; or was committing or attempting to commit a crime upon the premises;

 

  1. Dogs owned by governmental or law enforcement agencies or those being used in the services of those agencies shall be exempt from being classified as dangerous.

 

  1. Any person owning, keeping, or harboring a dangerous dog shall comply with the following:

 

  1. Dangerous dogs shall at all times wear a bright orange collar with a large brightly colored metal tag with the phrase dangerous dog attached to the collar so the dog can be readily identified as a dangerous dog.

 

  1. The owner, keeper, or person harboring a dangerous dog shall notify the police department immediately if the dog is loose, unconfined, missing or has attacked a person or animal.

 

  1. The owner, keeper, or person harboring a dangerous dog shall notify the police department within 24 hours if a dangerous dog has died, been sold, or given away. The owner, keeper, or person harboring the dangerous dog shall provide the police department with the name, address, telephone number of the new owner or if the dog has been sold, the new owner must comply with all requirements of this chapter and dog’s classification shall not change upon transfer of ownership.

 

  1. While the dog is on the owner’s, keeper’s, or harborer’s property, a dangerous dog must be confined in a securely enclosed and locked pen or structure suitable for preventing the entry of young children and designed to prevent the animal from escaping. Each outside structure must have minimum dimensions of five feet by ten feet and must have secure sides and a secure top.  If the structure only has an earthen bottom, the sides of the enclosure must be embedded in the ground a minimum of 12 inches.  The enclosure also must provide protection from the elements for the dog.  The enclosure, when occupied by a dangerous dog, shall not be occupied by any other animal.  If the dangerous dog is a female with a litter of puppies under three months of age, the puppies may occupy the same enclosure as the mother.  No dangerous dog may be kept on a porch, patio, or in any part of a residential structure where the dog may exit the structure on its own volition and enter another area which does not comply with the requirements of this subparagraph.  In addition, no such animal may be kept in a structure when the windows are open or when screen windows or screen doors are the obstacle preventing the dog from exiting the structure.

 

  1. Within 10 days of the determination that the dog is a dangerous dog within the provisions of this section, the dog’s owner, keeper, or person harboring the dog shall display a sign on his or her premise that there is a dangerous dog on the property. The sign shall be visible and capable of being read from the public highway or thoroughfare from which the property is entered.  In addition, a similar sign is required to be posted on any kennel or structure in which the dog is held.

 

  1. A dangerous dog may be off the owner’s, keeper’s, or the harborer’s property only if the dog is muzzled and restrained by a substantial chain or leash not exceeding six feet in length and under the control of a person 18 years of age or older. The muzzle must be constructed in a manner that will not cause injury to the dog or interfere with its vision or respiration but the muzzle must physically prevent the dog from biting any person or animal.

 

  1. Within 10 days of the determination that the dog is a dangerous dog within the provisions of this section, the dog’s owner, keeper, or harborer shall present to the City Clerk proof that said person has procured liability insurance in the amount of at least $100,000.00 which has been prepaid covering the 12 month period for which the dog shall be licensed. The policy shall contain a provision requiring the City Clerk to be notified by the insurance company upon any cancellation, termination, or expiration of the policy.

 

  1. Within 10 days of the determination that the dog is a dangerous dog within the provisions of this section, the dog’s owner, keeper, or harborer must provide the City Clerk with two color photographs of the dog, one showing the left profile of the dog and the other photograph showing the right profile. Upon request, the Chief of Police or Animal Enforcement Officer will take the photographs.

 

  1. Law enforcement personnel and animal enforcement personnel may enter onto any person’s property to seize any dog subject to impoundment, to search for such dog, or to inspect any facility built to accommodate a dangerous dog.

 

  1. It shall be unlawful for any owner, keeper, or harborer of a dangerous dog to fail to comply with the requirements and conditions set forth in this section. For every day such violation exists, shall be deemed a separate offense.

 

  1. A dog’s actions which have taken place prior to the enactment of this ordinance shall be considered in determining whether a dog is a dangerous dog within the provisions of this ordinance and in determining whether the dog should be destroyed.

 

73.050.    Vaccination, certificate of same required.

 

  1. No dog or cat license shall be issued unless such dog or cat shall first have been vaccinated against rabies by a duly licensed veterinarian provided, however, said requirement shall not apply to those animals within a duly licensed kennel.

 

  1. Prior to the issuance of a dog or cat license, there shall be presented to the city a certificate of vaccination and a rabies tag. The certificate shall show the name and address of the owner, sex of the animal, the date of vaccination, and shall contain a description of the animal; provided, however that any individual applying for an animal license whose dog or cat has been vaccinated for rabies within six months prior to the application for

license shall, upon due presentation of the certificate of registration confirming said fact, be issued a current dog or cat license upon payment of the appropriate license fee.

 

  1. Said dog or cat shall annually be vaccinated against rabies by a duly licensed veterinarian and a dog or cat license shall be annually obtained from and issued by the officer of the city clerk of the City of Holden, Missouri. Provided, however, said annual requirement for vaccination against rabies shall be waived if a certificate of vaccination is obtained from a duly licensed veterinarian stating that the vaccination received is effective for more than one year.  Upon issuance of each license, it shall be the duty of the city to deliver to the persons procuring the license a tag on which shall be engraved a license number and the year of issuance.  The owner of such dog or cat shall cause such license tag together with the rabies vaccination tag to be fastened securely around the dog or cat’s neck and worn continuously for the purpose of displaying to the public the fact that said animal has been duly vaccinated and licensed according to law.  This requirement shall not apply to animals within a duly licensed kennel.

 

  1. If a license is destroyed or lost, a duplicate or replacement shall be obtained from the city clerk for a fee of $.75 upon furnishing satisfactory proof of such loss or destruction.

 

  1. Upon conviction of any violation of this section, such person shall be punished by a fine of not less than $15.00 or more than $100.00.

 

73.055.    (Ord. # 5-98) Termination of animal.  Any law enforcement officer or animal control officer may immediately destroy any animal if the animal is running at large and the officer feels that the destruction of the animal is necessary to prevent harm to persons or other animals.

 

73.060.   (Ord. # 5-98) Impoundment.  Dogs or cats without a current city license tag as required by this Chapter or found running at large or abandoned, may be seized and impounded by any police or animal enforcement officer.  Puppies or kittens of any dogs or cats impounded for any reason, or found running at large or abandoned, may be seized and impounded by any police officer or animal enforcement officer.  Impoundment may be in any animal shelter or other location designated by the Mayor or City Council.  If for any reason an animal is impounded pursuant to the provisions of this Chapter, the costs of the impoundment shall be paid by the animal’s owner, keeper, or harborer.

73.065.    (Ord. # 7-87) Interference with officers. It is unlawful for any person to set free or to attempt to set free, or to take or to attempt to take from any duly appointed officer any animal taken up by said officer in compliance with this section, or in any manner to interfere with or hinder such officer in the legal performance of his duties as described by this section.

 

73.070.    (Ord.# 5-98) Redemption.  At any time prior to the disposing of the animal upon satisfactory proof of ownership, a person may redeem his animal upon exhibiting a certificate of registry for each dog and cat and upon payment of an impound fee for each dog, cat, and litter of pups or kittens, of $15.00 plus the daily fee charged by the impoundment facility for each day of the impoundment.  In addition, prior to receipt of a dog or cat, the owner shall exhibit proof of all required vaccinations, or proof of a $50.00 deposit with the City Clerk which shall be refunded upon proof of either prior vaccinations or subsequent vaccinations so long as the subsequent vaccination occurs within two weeks from the date of the deposit.  If such proof in not provided within 30 days after the deposit is made, the deposit shall be forfeited and paid over to the city.  Any animal impounded under any provisions of this Chapter shall only be released to its owner.  Under exceptional circumstances, if the owner of the animal is unavailable, the Chief of Police may authorize the release of the animal to another person if the identity of the animal’s owner can be established.

 

73.080.   (Ord. # 3-92)  Disposition of animals.  Whenever any owner of a cat or dog or litter of pups or kittens fails to redeem said animal within five days of impoundment, the city may cause said animal to be destroyed, or allow the animals to be adopted out by the designated animal shelter.  All costs of impoundment and disposition may be taxed to the animal’s owner, whether or not said animal is redeemed.

 

73.090.   (Ord. # 3-92)  Abandonment.  It shall be unlawful for any person to dump a dog or cat or litter of pups or kittens within the City for the purposes of abandoning said dog, cat, or litter of pups or kittens.  Upon conviction of this section such person shall be punished by a fine of not less than $100.00 or more than $500.00.

 

73.095.    (ORD. # 5-98) Observation of Rabies.  Any dog, cat, or other domesticated animal which bites, scratches, or otherwise inflicts a skin piercing wound upon a person or domesticated animal shall be confined within an approved kennel or other impoundment facility designated by the Mayor, and shall be kept out of contact with human or other animal life for a minimum of ten (10) days to be observed for rabies contamination.  If the Chief of Police reasonably believes that under the circumstances it appears the animal can be securely kept by the owner in a suitable fashion, the Chief of Police may allow the animal to be secured by the owner during the ten (10) day observation period.  The owner of the animal shall be responsible for all expenses incurred.

 

73.100.    Dog kennel-license required.

 

  1. (ORD # 7-95) Any person who shall own, keep or harbor upon his premises more than two dogs over the age of six months or two cats over the age of four months shall be deemed the operation of a kennel. It shall be unlawful to operate a dog or cat kennel within the city in any area zoned residential.  A dog or cat kennel may be operated as described below in area zoned commercial or industrial.  It shall be unlawful to operate a dog or cat kennel within the city limits without having first secured a license to operate such a kennel; however, veterinary hospitals are exempt from this section.  Any person desiring to operate a dog or cat kennel shall file am application with the City Clerk on a form provided by the city.  The application shall provide information necessary to indicate whether or not the proposed kennel and its operation will violate any provisions of state law or city ordinances.  If it appears that such kennel and the operation thereof will not be in violation of state law or city ordinances, the City Clerk shall issue a kennel license to such applicant upon payment of the license fee of $25.00.  Such a license must be renewed annually.

 

  1. Such license shall permit the applicant to operate a kennel as described in the application for a period of one year unless such license is revoked. Any violation of the provisions of this chapter shall constitute sufficient cause to revoke such license.
  2. (ORD # 7-95) If any dog or cat kennel is licensed to operate within 200 hundred feet of a building used or occupied as a residence, except the residence of the keeper or owner of the kennel, the dogs or cats shall be continuously confined within the kennel building or the residence of the kennel keeper or kennel owner and shall not be allowed to run at large or to be in any outdoor enclosure of the kennel or residence.

 

  1. Kennel premises shall be maintained in a clean and sanitary condition at all times, and sanitary methods shall be used to obliterate or prevent any offensive odors. The city animal control officer, city health officer and the city police shall have the right to inspect such kennels at reasonable hours.

 

  1. (ORD # 7-95) All kennel dogs and cats shall be fed, maintained, and housed in separate compartments with separate outdoor runways (if runways are allowed) and shall not come in physical contact with other dogs or cats except when breeding, or in cases of mothers and their young, or if all the dogs or cats are owned by the kennel owner or kennel keeper.  The inside and outside spaces of the kennel shall be completely cleaned at least twice per day.
  2. The breeding of dogs shall take place in an enclosed place and entirely out of public view.

 

  1. Upon conviction of any violation of this section, such person shall be punished by a fine of not less than $15.00 or more than $100.00.

 

 

(ORD # 08-02) 73.200.  Banning of Pit Bulls

 

  1. Definition: Pit Bull shall mean:

 

  1. The Staffordshire Bull Terrier breed of dog;
  2. The American Pit Bull Terrier breed of dog;
  3. The American Staffordshire Terrier breed of dog;
  4. Dogs of mixed breed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;

 

  1. Any dog which has the appearance and characteristics of being predominately of the breeds of Staffordshire terrier, American pit bull terrier, American Staffordshire terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers or combination of any of these breeds;
  2. Any mixed breed of dog which contains as an element of its breeding the breed of the Staffordshire Bull Terrier, the American Pit Bull Terrier or the American Staffordshire Terrier so as to be identifiable as partially of the breed of Staffordshire Bull Terrier, the American Pit Bull Terrier or the American Staffordshire Terrier.

 

  1. The notation that a dog is a Pit Bull, Staffordshire Bull Terrier, American Pit Bull Terrier, or Staffordshire Terrier, contained in Holden City records or in records kept or maintained by a veterinarian who has records on the dog shall create a presumption that the dog is a Pit Bull for the purposes of this ordinance.

 

  1. (ORD # 10-02)  It shall be unlawful to possess, shelter, keep, maintain, harbor, or own a Pit Bull within the City of Holden, Missouri, except as provided for herein. Any violation of this Section; or its particulars, shall be punished by a fine of $500.00, in addition to any other penalty authorized.

 

  1. The prohibition set forth in sub-section 3 of this section shall not apply to the following:

 

  1. Any Pit Bull traveling through Holden in a motor vehicle provided the dog is securely confined in the vehicle, is never allowed to exit the vehicle, and if in a passenger compartment, all windows of the vehicle are completely closed if the vehicle is parked.

 

  1. Any Pit Bull securely confined in a vehicle while being transported to a veterinary clinic located in the City of Holden, Missouri.

 

  1. Any Pit Bull while on the property of a veterinary clinic.

 

  1. Any Pit Bull while actively providing services to a law enforcement agency, governmental agency, fire department, or branch of the military.

 

  1. (ORD # 10-02) Any Pit Bull located in the City of Holden at the time of passage or ordinance # 8-02 shall be exempt from the prohibitions set forth in sub-section 3 of this section if and only if the following conditions are met:

 

  • the Pit Bull was lawfully registered with the City of Holden at the time ordinance # 8-02 was passed; and

 

  • the owner of the dog signs a written acknowledgement that the animal is deemed a dangerous animal and shall be handled accordinmg to Section 73.047.4 and if not so handled, impounded or destroyed under that section; and

 

  • in place of the requirements of Section 37.047.6

(f) and (g), the following requirements shall be complied with;

 

  1. The Pit Bull may not leave the property where it is regularly kept unless to receive medical care from a veterinary. If removed for this purpose it must be restrained and controlled by being muzzled and restrained on a substantial chain or not more than six feet in length under the control of a person 18 years of age or older.  The muzzle must be constructed in a manner that will not cause injury to the dog or interfere with its vision or respiration, but the muzzle must physically prevent the dog from biting any person or animal.

 

  1. Within 10 days of signing the acknowledge required by Section 73.200 (e)(2), the dog’s owner, keeper, or harborer shall present to the City Clerk proof that said person has procured liability insurance in the amount of at least $50,000, prepaid for the twelve month period the dog shall be under. The policy shall contain a provision requiring the City Clerk to be notified by the insurance company of any cancellation, termination, modification or expiration of the policy.
  1. Seizure of Pit Bulls. An animal control officer or other law enforcement officer of the City shall immediately seize any Pit Bull found in the City of Holden determined to be in violation of this Section.  The dog shall be impounded until its final disposition is determined.   If the dog is running at large and the destruction of the dog is necessary to prevent harm to persons or other animals, the dog may be immediately destroyed.  If the dog is securely confined on private property, all reasonable efforts should be used to seize the dog without causing its destruction.

 

  1. Notice and Hearing.

 

  1. Notice of Seizure. The owner or custodian of any dog seized under the provisions of this section, or any other person who is determined to be in possession of the dog, or person determined to be maintaining, sheltering, or harboring the dog shall be given written notice of its seizure by the City, of the City’s intention to destroy the dog, and of the right of request a hearing.

 

  1. Request for Hearing. The request for hearing shall be filed in writing at Holden City Hall within 5 days of notification that the dog has been seized and shall include the name and address of the person requesting the hearing, and their relationship to the dog (owner, custodian, etc.).  Only those persons with an ownership or custodial interest in the dog may request a hearing.  After written notification of the seizure of the dog is given to any person, and a hearing is not timely requested, or is not properly requested, the dog shall be destroyed after the expiration of the time allowed for requesting a hearing

 

  1. Time of Hearing. The hearing shall be held not less than 10 days after the date the written notice of the time and place of the hearing is mailed to the person requesting the hearing or no less than 10 days after the notice of the time and place of the hearing is personally served upon to the person requesting the hearing.

 

  1. Issues To Be Addressed. At the hearing, the only issues to be allowed are whether the dog is a Pit Bull as defined in this Section and whether the dog was found in the City of Holden in violation of this ordinance.

 

  1. Disposition After Hearing. If, after hearing, the dog is found to be a Pit Bull and is found to have been in the City of Holden in violation of this Section, the dog shall be destroyed.  If, after hearing, the dog is found not to be a Pit Bull or it is determined that the dog was not within the City of Holden in violation of this Section, the dog shall be released to the person requesting the hearing and the costs of impoundment shall be borne by the City (if the dog is not held pursuant to other provisions of the ordinances of the City of Holden.)

 

  1. The decision of the hearing officer may be appealed pursuant to Chapter 536 RSMo.

 

  1. Cost of Impoundment. Except as provided for in Sub-Section 6, the person requesting the hearing shall be responsible for all cost of impounding the dog.

 

  1. Destruction of Dog, Owner/Custodian Unknown. If the owner or custodian of a dog seized under the provisions of this Section cannot be located after reasonable efforts, the City may destroy the dog after five days.  If a dog is found running at large and is taken to a pound under the authority of another Section or Sections of the ordinances of the City of Holden, nothing contained herein shall prevent the destruction of dog under the pound’s ordinary destruction policy.

 

  1. Alternate Disposition of Pit Bulls. Nothing contained herein shall prevent the City from allowing a dog seized pursuant the provisions of this Section from being removed from the City under specified conditions thereby avoiding the necessity of destroying the dog.

 

  1. Impoundment/Destruction Per Other Law. Nothing contained in this Section shall prevent a dog from being impounded by the City or destroyed pursuant to other law.
  2. The damages for the wrongful destruction of any dog under the authority of this Section shall be limited to the actual cash value of any dog destroyed plus any impoundment fees paid by the dog’s owner or custodian.

 

Subchapter B–Cruelty to Animals

 

73.400.    Cruelty to animals prohibited.  No person in this City shall overdrive, overwork, torture, cruelly beat, needlessly wound or kill, or carry or transport in any vehicle or other conveyance in an inhumane manner any animal, or cause any of these acts to be done.

 

73.410.    Molestation of birds and fowl.  It shall be unlawful for any person to molest, injure or disturb any small birds or fowl of the nest, young or brood of any such birds or fowl within the City.

 

73.420.    Custodian to provide food, shelter.  No person in the City shall fail to provide any animal or fowl in his charge or custody with necessary sustenance, drink, and protection from the elements, or cause any of these omissions to be done.  Any such shelter so provided shall be kept clean and inoffensive insofar as is reasonably possible, and filth, offal, etc., shall not be allowed to unduly accumulate therein.

 

73.430.    Abandonment of animals prohibited.  No person in the city shall abandon any animal or cause any animal to be abandoned.

 

73.440.    Animal fights prohibited.  No person in the City shall maintain any place where fowl or animals are suffered to fight upon exhibition or for sport or upon any wager.

 

73.450.    Wanton poisoning of animals prohibited.  No person in the City shall poison any dog or cat, or any other animal if known to belong to another person, or distribute poison in any manner whatsoever with the intent or for the purpose of poisoning any dog or cat, or any other animal known to belong to another person.

 

Subchapter C–Domestic Animals and Fowl

 

73.600.    Restriction on keeping.  Any person who shall, within the City limits, keep or maintain hogs, horses, cattle or goats within four hundred feet of any residence or other dwelling place other than that of the owner, or shall keep or maintain rabbits, chickens, ducks, turkeys or other domestic fowl within one hundred feet of any residence or other dwelling place other than that of the owner, shall, upon conviction thereof, be deemed guilty of a misdemeanor; provided, however, that if all occupants of residences or other dwelling places within such distances agree thereto in writing, such animals or fowl may be kept and maintained at less than such distances.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(ORD. # 7-87)

 

Subchapter D–Exotic Animals

 

73.700.    No person shall own, keep or harbor upon his premises any wild animal (s) whether domesticated or not, without first applying to the city a special waiver and presenting to the city permission of such animal from the proper federal or state authorities.  This ordinance shall apply, but not be restricted to animals such as lions, leopards, bears, coyotes, raccoons, wolves, constrictive or poisonous snakes, alligators, etc.  The city reserves the right to grant or deny permission based on whether or not they feel such animal (s) may constitute a danger to the public welfare.

Chapter 74 – Pool, Billiards, and Similar Type Tables

(ORD. # 7-87)

 

Chapter 74– Pool, Billiards, and Similar Type Tables

 

74.010.    Definitions.

 

  1. Pool, Billiard or Similar Table. Any table, either with or without side pockets, that is used primarily for the playing of a game requiring the use of balls and cue sticks.

 

  1. Any type of wagering (betting) on the outcome of a game of pool, billiards, or a similar game.

 

  1. Public Place. (See 11.101.24.)

 

74.020.    Licenses.  In addition to a city business license as required by Holden ordinance 54.101, a ten dollar ($10.00) fee per table shall be collected by the City Clerk as per RSMo 318.020 and RSMo 318.030.  All applicable licenses and permits shall be prominently displayed on the premises at all times.  Any establishment found not to have obtained the required licenses and permits to operate pool, billiard or similar type tables shall forfeit not less than fifty dollars ($50.00) upon conviction under RSMo 318.080.

 

74.030.    Liens.  The City of Holden retains a lien against any pool, billiard or similar type table within the city limits for which a monetary charge for playing is made.  Said lien having been granted and created in favor of the City of Holden under RSMo 318.040.  The City of Holden reserves the right to exercise the options contained therein as conditions may warrant.

 

74.040.    Operating Hours.  Any establishment having on its premises pool, billiard or similar type table (s) for which a monetary charge for playing is made shall not operate the table (s) between 11:00 p.m. and 6:00 a.m., Monday thru Saturday, nor before 12:00 noon Sundays.  Any establishment whose primary source of income is derived from play-for-pay tables, games, etc., (i.e. pool and billiard halls), shall cease all operations per the hours stated above and remain closed for those same time periods.

 

74.050.    Gambling.  Any establishment having on its premises pool, billiard or similar type table (s), shall be subject to all state statutes governing gambling as described in RSMo Section 572.

 

74.060.    Alcoholic Beverages.  Any establishment having on its premises pool, billiard or similar type table(s), and which is not licensed to sell liquor or beer per RSMo. 311 shall not permit alcoholic beverages on the premises. Such violation may result in immediate closure.

74.070.    Minors.  Any person under 18 years of age shall be considered a minor and shall not be permitted to engage in any game on any pool, billiard or similar type table (s) without first presenting proof of permission from the father, master, or guardian of the minor in question.  Violation shall result in a fine not less than fifty dollars ($50.00) for each such offense per RSMo 318.090, and may result in closure.  No person under 17 years of age shall be permitted on the premises after 11:00 p.m. per Holden ordinance 78.010 regarding curfew.

 

74.080.    Posting.  Any establishment having on its premises pool, billiards, or similar type table (s) shall post in a prominent location a sign defining a minor as required by RSMo 318.090.  The sign shall be printed in letters not less than one-half inch in size.

 

74.090.    Exceptions.  This chapter shall not apply to any person, or nonprofit organization having set up a pool, billiard or similar type table (s) for their exclusive private use, and upon which there is no monetary charge made for playing. (RSMo 318.070).

 

74.100.    Penalties.  Unless otherwise specified in the preceding paragraphs, violations of any of the above may result in fines, closure, and revocation for operators, licenses and permits, or any combination thereof. (ORD # 3-97)

Chapter 75 – Offenses

Chapter 75–Offenses

 

75.010.    Tampering.  A person commits the offense of tampering if he:

 

  1. Tampers with the property of another for the purpose of causing substantial inconvenience to that person or to another; or

 

  1. Unlawfully operates or rides in or upon another’s automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle; or
  2. Tampers with, damage, or makes connection with property of a utility; or

 

  1. Tampers with property or facilities of an institution providing health or safety protection.

 

75.020.    Property damage.  A person commits the offense of property damage if he knowingly damages property of another, or he damages property for the purpose of defrauding an insurer.

 

75.030.    Trespass.  A person commits the offense of trespass if he enters unlawfully, or enters lawfully and unlawfully remains, upon real property of another, without license or privilege.

 

75.040.    Peace disturbance.  A person commits the offense of peace disturbance if:

 

  1. He unreasonably and knowingly causes alarm to another person or persons not physically on the same premises by:

 

  1. Loud and unusual noise; or

 

  1. Loud and abusive language constituting fighting words; or

 

  1. Threatening to commit a crime against any person; or

 

  1. Fighting; or

 

  1. Creating a noxious and offensive odor.

 

  1. He is in a public place or on private property of another without consent and unreasonably and knowingly causes alarm to another person or persons by:

 

  1. Loud and unusual noise; or

 

  1. Loud and abusive language constituting fighting words; or

 

  1. Threatening to commit a crime against any person; or

 

  1. Fighting; or

 

  1. Creating a noxious and offensive odor.

 

  1. He is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:

 

  1. Vehicular or pedestrian traffic; or

 

  1. The free ingress or egress to or from public or private places.

 

75.050.    Private peace disturbance.  A person commits the offense of private peace disturbance if he is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:

 

  1. Threatening to commit a crime against any person; or

 

75.060.    Peace disturbance definitions.  For the purposes of Sections 75.040 and 75.050:

 

  1. “Property of another” means any property in which the actor does not have a possessing interest.
  2. “Private property” means any place which at the time is not open to the public. It includes property which is owned publicly or privately.

 

  1. “Public place” means any place which at the time is open to the public. It includes property which is owned publicly or privately.
  2. If a building or structure is divided into separately occupied units, such units are separate premises.

 

75.100.    Sale or Use of Intoxicating Substances in a Public Place; Definition.

 

  1. It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage in any public place not licensed to sell, serve or dispense such beverage at such public place within or under the jurisdiction of the city.
  2. It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage in any public place not licensed to sell and serve such beverage for public consumption at such place within or under the jurisdiction of the city.

 

  1. For purposes of this section, the term “public place” shall include upon any street, public thoroughfare, alley, public parking lot or any privately owned parking area made available to the public generally, within any parked or motor driven vehicle or device situate in any of the aforesaid places or upon any property owned by the state or any governmental subdivision thereof.

 

 

 

75.105.    Leaving scene of accident, etc.  No person operating or driving a vehicle within the city limits, knowing that an injury has been caused to a person, or damage has been caused to property, or that an accident has occurred due to culpability of such operator of driver shall leave the place of such injury, damage or accident without stopping and giving his name, residence address (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 is in the vicinity; then to the nearest police station or judicial officer.

 

75.112.    Stealing

 

  1. A person commits the offense of stealing if he appropriates property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceit or coercion.

 

  1. The following definitions shall apply to this section and shall have the meanings respectively ascribed to them:

 

  1. “Appropriate” shall mean to take, obtain, use, transfer, conceal or retain possession of property or services.

 

  1. “Coercion” shall mean a threat, however communicated, to:

 

  • Commit any crime; or

 

  • Inflict physical injury in the future on the person threatened or another; or

 

  • Accuse any person of any crime; or

 

  • Expose any person to hatred, contempt or ridicule; or
  • Harm the credit or business reputation of any person; or
  • Take or withhold action as a public servant, or to cause a public servant to take or withhold action; or
  • Inflict any other harm which would not benefit the actor. A threat of accusation, lawsuit or other invocation of official action

is not coercion if the property sought to be obtained by virtue of the threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful service.  The defendant shall have the burden of injecting the issue of justification as to any threat.

 

  1. “Deceit” shall mean purposely making a representation which is false and which the actor does not believe to be true upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind. The term “deceit” does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary

persons in the group addressed.  Deception as to the actor’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise.

 

  1. “Deprive” shall mean:

 

  1. To withhold property from the owner permanently; or
  2. To restore property only upon payment of reward or other compensation; or

 

  1. To use or dispose of property in a manner that makes recovery of the property by the owner unlikely.

 

  1. “Of another” shall refer to property or services of any person other than the actor, who has a possessory or proprietary interest therein, except that property shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangement.

 

  1. “Property” shall mean anything of value, whether real or personal, tangible or intangible, in possession or in action, and shall include but not be limited to the evidence of a debt actually executed but not delivered or issued as a valid instrument.

 

  1. “Services” shall mean and include transportation, telephone, electricity, gas, sewer, water, cable television services, or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles.

 

75.115.    Receiving stolen property.  A person commits the offense of receiving stolen property if for the purpose of depriving the rightful owner of a lawful interest therein, he receives, retains or disposes of property belonging to another knowing that it has been stolen, or believing that it has been stolen.

 

75.120.    Open beer or liquor container.  A person commits the offense of transporting an open beer or liquor container if a container of nonintoxicating beer, malt liquor, or intoxicating liquor (as those terms are defined by the Revised Statues of Missouri) is found to be open (that is available for ready consumption) within a vehicle which that person has under his control or in which that person is a passenger.

75.125.    Passing bad checks.

 

A person commits the offense of passing a bad check when:

 

  1. With the purpose to defraud, he issues or passes a check or other similar sight order for the payment of money, knowing it will not be paid by the drawee; or

 

  1. The issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued.

 

  1. The issuer has an account with the drawee, but fails to pay the check or order within ten days after notice in writing of insufficient funds or credit with the drawee.

 

75.127.  Possession or Manufacture of Controlled Substance and/or Drug

Paraphernalia; Penalty.

  1. It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense, distribute, or compound any controlled or counterfeit substance as defined by RSMo Chapter 75, except as authorized by law.

 

  1. It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense, or distribute drug paraphernalia as defined by RSMo Chapter 75 except as authorized by law.

 

  1. Any person who violates the provisions of this chapter shall be found guilty of a misdemeanor.

 

75.130.    Marijuana and hashish.  The possession, sale, distribution or transfer of marijuana in the amounts of 35 grams or less or hashish in the amount of 5 grams or less is unlawful, except as otherwise provided by law.

 

75.135.    Fraudulent use of credit device.  A person commits the offense of fraudulent use of a credit device (i.e. credit card, etc.) if he uses a credit device for the purposes of obtaining services or property, knowing that;

  1. The device is stolen, fictitious, or forged; or

 

  1. The device has been revoked or canceled; or

 

  1. For any other reason his use of the device is unauthorized.

 

75.140.    Indecent exposure.  A person commits the offense of indecent exposure if he knowingly exposes his genitals under circumstances in which he knows that his conduct is likely to cause affront or alarm.

 

75.150.    Prohibited weapons.  A person commits an offense of contact with prohibited weapons if he knowingly possesses, manufactures, transports, repairs, or sells:

 

  1. An explosive or combustible weapon

 

  1. A machine gun
  2. A gas gun (i.e., a gas ejecting device)
  3. A short barreled rifle or shotgun

 

  1. A firearm silencer

 

  1. A switchblade knife

 

  1. An object to be held in a person’s hand commonly known as knuckles.

 

75.160.    Unlawful use of weapon.  A person commits the offense of unlawful use of weapons if he knowingly;

 

 

  1. Carries concealed on or about his person a knife, a firearm, a blackjack or any other weapon capable of lethal use; or

 

  1. Sets a spring gun; or
  2. Discharges or shoots a firearm within the city limits; or
  3. Possesses a firearm while intoxicated.

 

75.170.    Exceptions to preceding section.  For the purpose of pest eradication or for any other proper purpose, any person may make application to the city’s Chief law enforcement officer or the City Clerk for a permit which shall allow such person to discharge a firearm within the city.

 

  1. The law enforcement officer or the City Clerk upon being satisfied that the applicant has a proper purpose therefore, and that the applicant is a sober and reasonable person who possesses mature judgment, may issue to such applicant a permit which shall authorize the discharge of a firearm within the limits of the city for the purpose stated on the permit.

 

  1. All such permits issued hereunder shall be recorded in the office of the Chief law enforcement officer or the City Clerk and shall specify the firearm or firearms to which it pertains, and the type of ammunition permitted to be used therein. No permit shall be issued for the use of birdshot, and no permit shall be valid for more than 5 days from the date of issue thereof.

 

75.190.    Malicious mischief.  A person commits the offense of malicious mischief when he willfully and maliciously, or wantonly and without right, destroys or injures any personal property of another or attempts to do the same.

 

75.200.    (ORD. # 05-05) Offenses. A person commits the offense of loitering if he:

 

  • obstructs or encumbers the passage of persons or vehicles, through or into any street, street corner, depot, building entrance or other public place; or

 

  • obstrucks or encumbers the passage of persons within twenty (20) feet of an automated teller machine (ATM) or stands within twenty feet of an automated teller machine (ATM) for period exceeding five (5) minutes.

75.210.    Disorderly conduct definitions.

 

  1. Public place. Shall mean any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public.

 

  1. Shall mean a public disturbance involving:

 

  1. An act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual; or

 

  1. A threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts

of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual;

 

  1.     Incite a riot.  Shall mean, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written:

 

  1. Advocacy of ideas, or

 

  1. Expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.

 

75.215.    Disorderly conduct prohibited.  A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder, nuisance, or if his conduct is likely to cause public danger, alarm, disorder or nuisance, he willfully does any of the following acts in a public place:

  1. Commits an act in a violent and tumultuous manner toward another whereby that other is placed in danger of his life, injury to his limb or health;
  2. Commits an act in a violent and tumultuous manner whereby the property of any person is placed in danger of being destroyed or damaged;
  3. Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another;
  4. Interferes with another’s pursuit of a lawful occupation by acts of violence;

 

  1. Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by the city police or other lawful authority known to be such;
  2. Is in a public place under the influence of an intoxicating liquor or drug in such condition as to be unable to exercise care for his own safety or the safety of others;

 

  1. Resists or obstructs the performance of duties by city police or any other authorized official of the City, when known to be such an official;
  2. Incites, attempts to incite, or is involved in attempting to incite a riot;

 

  1. Addresses abusive language or threats to any member of the police department, any other authorized official of the City who is engaged in lawful performance of his duties, or any other person when such words have a tendency to cause acts of violence. Words merely causing displeasure, annoyance or resentment are not prohibited;

 

  1. Damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy or physically offensive condition;

 

  1. Makes or causes to be made any loud, boisterous and unreasonable noise or disturbance to the public highway, road, street, lane, alley, park, square or common, whereby the public peace is broken or disturbed, or the traveling public annoyed;

 

  1. Fails to obey a lawful order to disperse by a police officer when known to be such an official, where one or more persons are committing acts of disorderly conduct in the immediate vicinity, and the public health and safety is imminently threatened;

 

  1. Uses abusive or obscene language or makes an obscene gesture.

 

75.220.    Exemptions.  Sections 75.200 through 75.212 shall not be construed to suppress the right to lawful assembly, picketing, public speaking, or other lawful means of expressing public opinion not in contravention of other laws.

75.225.    Assault.  It shall be unlawful for any person to assault or beat or wound another person without just cause and any person found guilty of such an action shall be deemed guilty of a misdemeanor.  A person commits the offense of assault if:

 

  1. he attempts to cause or recklessly causes physical injury to another person; or

 

  1. with criminal negligence he causes physical injury to another person by means of a deadly weapon; or

 

  1. he purposely places another in apprehension of immediate physical injury; or

 

  1. he recklessly engages in conduct

which creates a grave risk of death or serious physical injury to another person; or

  1. he knowingly causes physical contact with another person knowing in the other person will regard the contact as offensive or provocative.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

75.226. (ORD.# 05-11) Domestic Assault

 

  1. A person commits the crime of domestic assault if the act involves a family or household member or an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the actor, and:

 

  1. The person attempts to cause or recklessly causes physical injury to such family or household member by means of a deadly6 weapon or dangerous instrument; or

 

  1. With criminal negligence the person causes physical injury to such family or household member by means of a deadly weapon or dangerous instrument; or

 

  1. The person purposely places such family or household member in apprehension of immediate physical injury by an means; or

 

  1. The person recklessly engages in conduct which creates a grave risk of death or serious physical injury by any means; or

 

  1. The person knowingly causes physical contact with such family or household member knowing the other person will regard the contact as offensive; or

 

  1. The person knowingly attempts to cause or causes the isolation of such family or household member by unreasonably and substantially restricting or limiting such family or household member’s access to other persons, telecommunication devices or transportation for the purpose of isolation.

 

  1. Any person found guilty of such an action shall be deemed guilty of an infraction punishable by a $500.00 fine and/or 90 days in the designated Holden City jail. Being an infraction, nothing herein contained shall preclude State Charges also being filed, should the State elect to do so.

 

  1. Being an infraction and not a criminal charge, statements made by the defendant or victim, contained in the incident report, shall be an exception to the Hearsay Rule as a “present recollection recorded”, provided the incident report is made within 24 hours of the incident complained of.

 

  1. That nothing herein contained shall apply to nor prohibit the parent or guardian of a minor child to use corporal punishment to discipline that child.

 

  1. That all other provisions of Chapter 75 Offenses as adopted in the Code of Ordinances for the City of Holden and enacted in previous Ordinances, shall remain in full force and effect as if fully set out.

 

 

75.227.    Public Affray.  If any two or more persons shall in any public place in the city, voluntarily or by agreement, engage in any fight or use any blows or violence towards each other, in any angry or quarrelsome manner or do each other any willful mischief; or if any person shall assault another and strike him in any public place to the terror or disturbance of others, the person or persons so offending shall be deemed guilty of a misdemeanor.

 

75.235.    Obstructing, resisting, or interfering with a public official in the discharge of his official duties: Official defined: Penalty.

 

  1. Any person who shall in any manner or way hinder, obstruct, molest, resist or otherwise interfere with any public official while said official is performing or attempting to perform his official duties shall be guilty of a misdemeanor.

 

  1. Public official means any person elected by the public vote or appointed, by the mayor or governing board or council of the city to an office or official capacity to act on behalf of the citizens of the city including but not limited to peace officers, firefighters, paramedics, and city inspectors.

 

75.240.    Minor in possession of alcohol.

 

  1. No person under the age of 21 years shall purchase, attempt to purchase, consume (unless otherwise provided for by law) or possess any intoxicating liquor, beer, or nonintoxicating beer.
  2. No person under the age of 21 years shall represent that he has attained the age of 21 years in order to purchase, request, obtain or receive any intoxicating liquor or nonintoxicating beer.
  3. No person under the age of 21 years shall sell or assist in the sale or dispensation of intoxicating liquor, beer, or nonintoxicating beer.
  4. No person nor his employee shall sell, give or supply any intoxicating liquor or nonintoxicating beer to any person under the age of 21 years; provided, however, that this section shall not apply to a parent or guardian who supplies intoxicating liquor or nonintoxicating beer to his child or ward under the age of 21 years within the confines of a private dwelling, nor to a duly licensed physician who administers intoxicating liquor, beer or nonintoxicating beer to a person under the age of 21 years, nor to any person who supplies intoxicating liquor, beer or nonintoxicating beer to a person under the age of 21 years solely for medical purposes.

75.250.    Obstruct police.  It shall be unlawful for any person to obstruct, resist or oppose any lawful order of a police officer, auxiliary policeman or other peace officer, or any ministerial officer of the City in the service or attempt to serve or execute any writ, warranty or process, original or judicial, or in the discharge or any other duty in any case or in the service or attempt to serve any order or rule of court in any case.

 

75.252.    Resisting arrest.  It shall be unlawful for any person to resist arrest by any police or peace officer.

 

75.255.    Hindering prosecution.  A person commits the offense of hindering prosecution if for the purpose of preventing the apprehension, prosecution, conviction or punishment of another for conduct constituting a crime he;

 

  1. Harbors or conceals such person; or

 

  1. Warns such person of impending discovery or apprehension; or
  2. Provides such person with money, transportation, weapon, disguise, or other means to aid him in avoiding discovery or apprehension; or
  3. Prevents or obstructs by means of force, deception, or intimidation, anyone from performing an act that might aid in the discovery or apprehension of such person.

75.260.    Strike police officer.  It shall be unlawful for any person to strike, assault, or wound any  police officer, auxiliary policeman or any other peace officer while such officer is actively engaged in the performance of duties imposed upon him by law and every person who shall aid and assist in so doing shall be guilty of the same offense.

 

75.265.    Escape or assisting escape from custody; penalty.  Any person who, while held in custody after arrest for any offense, escapes or assists another to escape, shall be guilty of a misdemeanor.

 

75.280.    Contributing to delinquency of child; penalty.  When in all cases where any child under 18 years of age commits a delinquent act, the parent or parents, legal guardian, or person having the custody of such child or any other person who by any act encouraging, causes, or contributes to the delinquent act of such child shall be guilty of a misdemeanor.

75.290.    Deceptive business practices.  A person commits the offense of deceptive business practices if, in the course of engaging in a business, occupation or profession, he recklessly;

  1. Uses false weights or measures, or possesses false weights or measures; or

 

  1. Sells, offers for sale or delivers less than the represented quality of any commodity or service; or
  2. Takes or attempts to take more than the represented weight or quantity of any commodity or service when, as buyer, he supplies the weights or measures; or

 

  1. Sells, offers or exposes for sale adulterated, mislabeled or misrepresented commodities or services; or

 

  1. Makes a false or misleading written statement for the purpose of obtaining property or credit.

 

75.300.    False advertising.  A person commits the offense of false advertising if, in connection with the promotion of the sale of, or to increase the consumption of, property or services, he recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.

 

75.320.    Promoting pornography.  A person commits the offense of promoting pornography if, knowing its content and character he;

 

  1. Wholesale promotes or possesses with the purpose to wholesale promote any pornographic material; or

 

  1. Wholesale promotes for minors or possesses with the purpose to wholesale promote any material pornographic for minors; or
  2. Promotes or possesses with the purpose to promote any pornographic material for monetary gain; or

 

  1. Produces, presents, directs or participates in any pornographic performance for monetary gain.

 

75.330.    Furnishing pornographic materials to minors.  A person commits the offense of furnishing pornographic materials to minors if, he knowing its content and character, he;

 

  1. Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor; or

 

  1. Produces, presents, directs or participates in any performance pornographic for minors.

 

75.340.    False bomb report.  A person commits the offense of making a false bomb report if he knowingly makes a false report or causes a false report to be made to any person that a bomb or any other explosive or incendiary device has been placed in any public or private place or vehicle.

75.360.    Failure to return rented or leased property.  A person commits the offense of failure to return rented or leased property if, with the intent to deprive the owner thereof, he willfully fails to return rented or leased personal property to the place and within the time specified in an agreement in writing providing for the renting or leasing of such personal property.

 

75.500.    Abandonment of airtight or semi-airtight containers.  No person shall abandon, discard or knowingly permit to remain on premises under his ownership or control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, freezer or other airtight or semi-airtight container with a hinge lid  latch or other fastening device capable of securing such door or lid either with or without manual assistance, without rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein.

75.510.    Harassment.  A person commits the offense of harassment if, for the purpose of frightening, disturbing, or annoying another person, he;

  1. Communicates in writing or by telephone a threat to commit any felony; or

 

  1. Makes a telephone call or communicates in writing and uses coarse, abusive or offensive language; or

 

  1. Makes telephone calls anonymously; or

 

  1. Makes repeated telephone calls.

 

75.520.    False reports.  A person commits the offense of making a false report if he knowingly;

 

  1. Gives false information to a law enforcement officer for the purpose of implicating another person in a crime; or

 

  1. Makes a false report to a law enforcement officer that a crime has occurred or is about to occur; or

 

  1. Makes a false report or causes a false report to be made to a law enforcement officer, security officer, fire department, or other organization, (official or volunteer), which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred.

 

75.700.    Motor Vehicle Financial Responsibility; All motor vehicle operators to exhibit; penalty for failure.

 

  1. No person shall operate a motor vehicle registered in the State of Missouri, in the city without proof of financial responsibility, as defined by RSMo 303.

 

  1. Any operator of a motor vehicle shall exhibit proof of financial responsibility on the demand of any police officer who lawfully stops such operator.

 

  1. Any person, operating a motor vehicle in the city who, upon demand of any peace officer, fails to exhibit an insurance identification card, or proof of financial responsibility as defined by RSMo. Chapter 303 shall be guilty of a misdemeanor.

 

  1. Failure of any person who operates a motor vehicle in the city to exhibit proof of financial responsibility upon the demand of any police officer who lawfully stopped such person shall be prima facie evidence that such person, or the owner of the vehicle,, does not maintain financial responsibility as required by this section.

 

  1. No person shall operate a motor vehicle registered in the State of Missouri, in the city without insurance or financial responsibility, as defined by RSMo. Chapter 303.

 

75.725.    (Ord. # 5-97) Holden City Park Regulations.

 

  1. No person shall operate a motor vehicle on any unpaved or ungraveled surface within the Holden City Park.

 

  1. No person shall bring any glass container into the Holden City Park.

 

  1. Holden City Park shall be closed between the hours of 12:30 a.m. to 6:00 a.m. during the months of April through September. The park shall be closed between the hours of 10:00 p.m. and 7:00 a.m. during the months of October through March.  It shall be unlawful for any person to be present in the Holden City Park while it is closed.

 

75.726     (Ord # 5-13) Regulations and fees for RV parking.

fires under control.

Section 1.     Holden City Park RV parking regulations

 

  1. If staying at the campground, you must camp only in the places specifically provided or marked.

 

  1. All vehicles, RV’s and trailers must be parked on the campsite or driveway. Driving or parking off road is prohibited unless otherwise authorized.

 

  1. Quiet hours are between 10:00 p.m. and 6:00 a.m. Please be considerate of others.

 

  1. Camping longer than seven (7) consecutive days is generally not allowed. At City of Holden campsites only, camping at one or more campsites for a period longer than seven (7) days during any thirty (30) consecutive day period is prohibited.

 

  1. The number of camping units per campsite is set locally.

 

  1. Help prevent pollution by keeping garbage, litter, and foreign substances out of lakes, streams, and other waters.

 

  1. All garbage and litter must either be deposited in containers provided by the City of Holden or taken with you when you leave.

 

  1. Obey any restrictions on fires. Fires may be limited or prohibited at certain times. Shelter house grills may be used if not already reserved.
  2. Within campgrounds and other recreation areas, fires may only be built in fire rings, stoves, grills, or fireplaces provided for that purpose. If using charcoal in grills do not dump charcoal in dumpsters that are provided.

 

  1. Be sure your fire is completely extinguished before leaving. Do not leave your fire unattended. You are responsible for keeping
  2. Drivers must obey all traffic signs and operate their vehicles in accordance with posted regulations and applicable Federal, State and local laws.
  3. Vehicles must be parked in designated areas only. Use of vehicles within campgrounds and other recreation areas is limited to entering or leaving those areas.

 

  1. Pets must be restrained or on a leash at all times while in developed recreation areas.

 

  1. Pets, (except guide dogs) are not allowed in swimming areas or sanitary facilities.

 

15,   Saddle or pack animals are only allowed where authorized by posted instructions.

 

  1. Use of fireworks or other explosives within campgrounds and other recreation areas is prohibited, unless approved by the City of Holden.

 

  1. Preserve and protect your National Forest, National Parks, and the City of Holden areas. Leave natural areas the way you find them. Do not carve, chop, cut and damage any live trees.

 

Section 2.     Fees:  Campers will be charged $15.00 per night for the use of electricity.

 

75.730.    (ORD # 6-97) Restrictions on the use of Archery.

 

  1. No person shall discharge a long bow, recurve bow, compound bow, or cross bow within the city limits of Holden, Missouri, unless all of the following requirements are met:

 

  1. A suitable back stop must be in place of sufficient size, width, and composition so as to reasonably prevent an arrow or bolt from penetrating the back stop or traveling around the backstop.

 

  1. The archer must be in a position so that there are no houses, structures, persons, or domestic animals down range from the archer, within 250 yards in an area encompassing a 45 degree angle extending down range from the archer.

 

  1. No arrows or bolts equipped with what is commonly known as a broad head shall be shot by any archer while in the city limits of the City of Holden.

 

  1. No archer shall discharge an arrow or bolt towards any target or other object when conditions or circumstances are such that the archer’s activities are dangerous to persons or property, even if the archer is otherwise in compliance with this section.

75.735 (ORD # 6-13)

 

Section 1.     Section 75.735 is enacted to read as follows: 

Restricted Burning Permit

 

  1. No person shall be allowed to burn or have any open fire on any public street, alley, road, or public or private ground without first obtaining a burn permit.

 

Section 2.     This ordinance shall be in full force and effect after its  passage.

 

Section 3.     Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

Chapter 76 – Traffic Code

Chapter 76–Traffic Code

 

Subchapter A–General

 

76.010.    Definitions.  The following words and phrases when used in this Chapter, shall mean:

 

  1. Alley or alleyway. Any street with a roadway of less than twenty (20) feet in width.

 

  1. Authorized emergency vehicle. A vehicle publicly owned and operated as an ambulance, or a vehicle publicly or privately 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.
  2. Business district. The territory contiguous to and including a highway when within any six hundred (600) feet along the highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the highway.

 

  1. Central business (or traffic) district. All streets and portions of streets within the area described by city ordinance as such.

 

  1. (ORD # 13-01) Commercial vehicle. Every vehicle designed, maintained or used primarily for the transportation of property with either a gross vehicle rating in excess of 40,000 pounds, or licensed for a gross vehicle weight in excess of 40,000 pounds.
  2. Controlled access highway. Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway.

 

 

  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.

 

  1. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

 

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

 

  1. Every person who drives or is in actual physical control of a vehicle.

 

  1. Freight curb loading zone. A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight (or passengers).

 

  1. 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.

 

 

  1. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict;

 

  1. Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highway shall be regarded as a separate intersection.

 

  1. Laned roadway. A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.

 

  1. Motor vehicle. Any self-propelled vehicle not operated (ORD. # 7-87) exclusively upon tracks, except farm tractors, or other motorized farm equipment excluding cars and trucks.
  2. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor, (ORD. # 7-87) or motorized pedaled cycles (mopeds).

 

  1. Official time standard. Whenever certain hours are named herein they shall mean standard time or daylight-saving time as may be in current use in the City.

 

  1. Official traffic control devices. 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.

 

  1. Park or parking. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

 

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

 

  1. Any person afoot.

 

  1. Police officer. 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.

 

  1. Private road or driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

 

  1. A carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.

 

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

 

  1. Residence district. The territory contiguous to and including a highway not comprising a business when the property on such highway for a distance of three hundred (300) feet or more is in the main improved with residences or residences and buildings in use for business.

 

  1. Right-of-way. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.

 

  1. That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.  In the event a highway includes two (2) or more separate roadways the term “roadway” as used herein shall refer to any such roadway separately but not to all such roadways collectively.

 

  1. Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

 

  1. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.

 

  1. Stand or standing. The halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.

 

  1. When required, complete cessation from movement.

 

  1. Stop or stopping when prohibited. Any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.

 

  1. Street or highway. The entire width between the lines of every way publicly maintained when any part thereof is open to the uses of the public for purposes of vehicular travel.  “State highway” shall mean a highway maintained by the state as a part of the state highway system.

 

  1. Through highway. Every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this Chapter.

 

  1. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel.

 

  1. Traffic control signal. Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

 

  1. Traffic division. The traffic division of the police department of the City, or in the event a traffic division is not established, then said term whenever used herein shall be deemed to refer to the police department of the City.

 

  1. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.      State law reference-Similar provisions, RSMo 300.010.
  2. (ORD. # 7-87)   Person means every natural person, firm, copartnership, partnership, association or corporation.

76.020.    Driver’s license required.  It shall be unlawful for any person to operate a motor vehicle within the City unless such person shall have been issued and have in his possession a current driver’s license issued by the state of his residence.

 

76.025.    (ORD. # 7-87)  Driver’s license suspended; driving with.  It shall be unlawful for any person to operate a motor vehicle within the City limits of Holden, Missouri while their driver’s license is lawfully suspended or revoked.

 

76.030.    Age limit of operators of motor vehicles.

 

  1. It shall be unlawful for any person under the age of sixteen (16) years to operate a motor vehicle on the streets of the City unless such person shall be enrolled and participating in a duly recognized and qualified driver’s education course.

 

  1. It shall be unlawful for the owner of any motor vehicle to permit any person under the age of sixteen (16) years to operate such motor vehicle on the streets of the City except to participate in a duly recognized and qualified driver’s education course.

State law reference-Similar provisions, RSMo 565.470.

 

76.040.    State registration plate must be unobscured. etc.  It shall be unlawful for any person to operate a motor vehicle on the streets of the City unless there is a valid state registration number plate thereon and said plate must be entirely unobscured, unobstructed, all parts thereof plainly visible and kept reasonably clean and so fastened as not to swing.  On all motor vehicles one plate shall be displayed on the front and the other on the rear of such motor vehicle, not less than eight (8) or more than forty-eight (48) inches above the ground, except that on trailers, motorcycles and motortricycles, one plate shall be so displayed on the rear thereof.  In the event only one such plate is issued, the same shall be displayed in conformity with state law.

State law reference-Similar provisions, RSMo 301.130 (5)

 

76.045.    Closing streets.  The traffic engineer is hereby authorized 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.

76.050.    Riding on handle bars prohibited.  It shall be unlawful for the operator of any bicycle or motorcycle, when upon the street, to carry any other person upon the handle bar, frame or tank of any such vehicle, or for any person to so ride upon any such vehicle.

 

76.055.    Obstruction to operator’s view or driving mechanism.

 

  1. 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.

 

  1. 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.

 

76.060.    Placing glass, etc., on street.  Any person who has purposely, accidentally, or by reason of an accident, dropped from is 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 in the City shall immediately make all reasonable efforts to clear the street of the substances.      State law reference-Similar provisions, RSMo 304.160.

 

76.065.    Tampering with motor vehicles.

 

  1. No person shall drive, operate, use or tamper with a motor vehicle or trailer without the permission of the owner thereof.

 

  1. No person shall, without the permission of the owner or person in charge thereof, climb upon or into, or swing upon any motor vehicle or trailer whether the same is in motion or at rest, or sound the horn or other sound-producing device thereon, or attempt to manipulate any of the levers, starting device, brakes or machinery thereof, or set the machinery in motion.
  2. The provisions of this section shall apply to any person employed by the owner of such motor vehicle as a chauffeur or registered operator if the said motor vehicle is driven or operated, used or tampered with without the owner’s knowledge or expressed consent, or in violation of his instruction.

 

  1. No person shall knowingly ride in a motor vehicle which has been stolen or is being operated without the consent of the owner thereof. State law reference-Similar provisions, RSMo 560.175.

 

 

 

76.070.    Size, weight limitations of vehicles.

 

  1. 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 Section 304.170 of the Revised Statutes of Missouri.

 

  1. It shall be unlawful for any person to operate any motor vehicle or combination of vehicles on the streets of the City, the weight or which exceeds the specifications set forth in Section 304.180 of the Revised Statutes of Missouri.

 

76.075.    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.

 

76.080.    Manner of riding.  It shall be unlawful for any person to ride upon the fender, running board, hood, top, tank, luggage carrier, or any portion 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 an employee engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise, (ORD. # 7-87) except that minor children shall not be permitted to ride in or on the open beds of pickups or larger type trucks or trailers.

 

76.085.    (ORD # 05-02) Driving with an excessive blood alcohol content.  It shall be unlawful for any person to drive a motor vehicle when the person has eight-hundredths of one percent (0.08%) or more by weight of alcohol in his or her blood.  As used in this section, percent by weight of alcohol is the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood or two hundred ten liters of breath any may be shown by chemical analysis or the person’s blood, breath or urine.  All tests to determine the alcoholic content of a person’s blood under this section shall be in accordance with the provisions of 577.020 to 577.041 RSMo.

 

SECTION 1.  That Chapter 76—Traffic Code of the Code of Ordinances of the City of Holden shall be amended by repealing Section 76.090 in its entirety and replacing it with the following:

 

76.090 (ORD. # 03-14) All-Terrain Vehicles

 

  1. Definitions.

 

  1. “All-terrain vehicle (ATV)” means any motorized vehicle manufactured and used exclusively for off-highway use which is fifty inches or less in width, with an unladen dry weight of one thousand pounds or less, traveling on three, four or more low pressure tires, with a seat designed to be straddled by the operator, or with a seat designed to carry more than one person, and handlebars for steering control;

 

  1. “Off-road vehicle” shall mean any vehicle designed for or capable of cross-country travel on or immediately over land, water, ice, snow, marsh, swampland, or other natural terrain without benefit of a road or trail;

 

  1. Excluding the following:

 

  • Registered motorboats;
  • Aircraft;
  • Any military, fire or law enforcement vehicle;
  • Farm-type tractors and other self-propelled equipment for harvesting and transporting farm or forest products;                5) Any vehicle being used for farm purposes, earth moving, or                   construction while being used for such purposes on the work                   site;
  • Self-propelled lawnmowers, or lawn or garden tractors, or golf

carts, while being used exclusively for their designed                   purpose; and

  • Any vehicle being used for the purpose of transporting a handicapped person;

 

  1. “Utility Vehicle” also known as a “UTV” means any motorized vehicle manufactured and used exclusively for off-highway use which is sixty-three     inches (63”)or less in width with an unladen dry weight of one thousand     eight hundred fifty pounds (1,850 lbs.) or less travelling on four (4) or     six (6) wheels primarily used for landscaping, lawn care or maintenance.

 

  1. “Golf Cart” means any motorized or electric vehicle designed to be used for transporting persons and equipment while playing golf and designed          primarily for off-highway use. Golf carts are typically sixty inches (60”)      or less in width and travel on three (3) or four (4) or more low-pressure

 

  1. Operation.

 

  1. Any ATV, UTV or Golf Carts, shall not be operated on the streets and Highways of Holden at any time, except as follows:

 

  1. All-terrain vehicles owned and operated by a governmental entity for official use;
    1. All-terrain vehicles operated for agricultural purposes or industrial on-premises purposes between the official sunrise and             sunset on the day of operation;
    2. All-terrain vehicles, UTV’s or Golf Carts whose operators carry       a special permit issued by the City of Holden pursuant to

RSMo.304.013;

  1. All-terrain vehicles operated by handicapped persons for short distances occasionally only on the City’s secondary roads when             operated between the hours of sunrise and sunset;
  2. Governing bodies of the City may issue a special permit to licensed drivers for special uses of all-terrain vehicles on              highways within the City limits. Fees of fifteen dollars ($15.00)              may be collected and retained by the City for such permits.

 

  1. No person shall operate an off-the-road vehicle, as defined in 304.001, within any stream or river in the City of Holden, except      that off-road vehicles may be operated within waterways which flow within      the boundaries of land which an off-road vehicle operator owns, or for      agricultural purposes within the boundaries of land which an off-road      vehicle operator owns or has permission to be upon, or for the purpose of      fording such stream or river of this state at such road crossings as are      customary or part of the highway system. All law enforcement officials or      peace officers of this State and its political subdivisions shall enforce      the provisions of this subsection within the geographic area of their      jurisdiction.

 

  1. A person operating an all-terrain vehicle, UTV or Golf Cart on a street or highway pursuant to an exception covered in this section shall      have a valid license issued by a State authorizing such person to operate      a motor vehicle, but shall not be required to have passed an examination      for the operation of a motorcycle, and the vehicle shall be operated at      speeds of less than thirty miles per hour. When operated on a street or      highway, an all-terrain vehicle shall have a bicycle safety flag, which      extends not less than seven feet above the ground, attached to the rear      of the vehicle. The bicycle safety flag shall be triangular in shape,      with an area of not less than thirty square inches and shall be day-glow      in color.

 

  1. No person shall operate an all-terrain vehicle UTV or Golf Cart:

 

  1. In a careless way so as to endanger the person or property of another;
  2. While under the influence of alcohol or any controlled substance; or:
  3. Operate any ATV without a securely fastened safety helmet on the head of an individual who operates an all-terrain vehicle or who is

being towed or otherwise propelled by an all-terrain vehicle,               unless the individual is at least eighteen years of age;

  1. Without proof of insurance coverage on said ATV, UTV or Golf Cart in the minimum of twenty-five thousand dollars ($25,000.00) for              bodily injury or death to one (1) person in any one (1) accident;              fifty thousand dollars ($50,000.00) for bodily injury or death of              two (2) or more persons in any one (1) accident; and ten thousand              dollars ($10,000.00) because of injury or destruction of property              of others in any one (1) accident; uninsured motorist coverage               of twenty-five thousand dollars ($25,000.00) for bodily injury per              person and fifty thousand dollars ($50,000.00) for bodily injury              per accident;
  2. Without purchasing an annual permit from the City of Holden for each vehicle to be operated on City streets in the amount of              fifteen dollars ($15.00); and displaying said permit(stickers)              one on the left front and one on the left rear of the vehicle in              a prominent manner;
  3. Without purchasing an annual operator’s permit from the City of Holden for each person to be operating an ATV, UTV or Golf Cart on              the streets of Holden in the amount of ten dollars ($10.00);
  4. No person shall operate an ATV, UTV or Golf Cart on any State highway except to cross a portion of the State highway system which              intersects a municipal street.

 

  • The operator of an ATV, UTV or Golf Cart shall comply with all traffic and signage rules and ordinances as the same would apply to

motor vehicles;

  • Any individual operating an ATV, UTV or Golf Cart with a passenger of seven (7) years shall be at least eighteen (18) years

Of age;

  • An operator of an ATV, UTV or Golf Cart shall not carry more passengers than said vehicles are designed to carry or hold.

 

  1. No operator of an all-terrain vehicle shall carry a passenger, except for agricultural purposes.

 

  1. No person shall operate an all-terrain vehicle on private property without the consent of the owner of or lessor thereof. Any person operating

an all-terrain vehicle upon lands of another shall stop and identify      himself upon the request of the landowner or his duly authorized      representatives and, if requested to do so by the landowner, shall promptly      remove the all-terrain vehicle from the premises.

  1. The state may, in its discretion, whether or not a road or area shall be closed to vehicular traffic. Adequate notices of such designation and      determination shall be displayed in such areas or by such roads.

 

  1. 537.600 to 537.650, establishing the doctrine of sovereign immunity for governmental entities, and exceptions thereto, shall apply      to any death, personal injury or property damage caused in whole or in      part, directly or indirectly, by activity involving the use of an      all-terrain vehicle on lands in which any such governmental entity has an      ownership, leasehold, or other possessory interest or an easement.

 

  1. No person under the age of sixteen shall operate an all-terrain vehicle in this State unless such person is accompanied by and under the direct      supervision of a parent or guardian or is accompanied by and under the       direct supervision of an adult who is authorized by the operator’s parent      or guardian to supervise the operator. This subsection shall not apply on       private property owned by the parent or guardian of such person operating      the all-terrain vehicle.
  • No person shall operate an all-terrain vehicle within the City of Holden unless the all-terrain vehicle has been registered with the department of revenue. Registration is not required for the following:

 

  1. All-terrain vehicles owned and operated by the United States, another state, or a political subdivision thereof;
  2. All-terrain vehicles owned and operated by this state or by any municipality or political subdivision thereof;
  3. All-terrain vehicles covered by a valid registration of another state or country that have not been within this state for more              than thirty days.

 

  • A violation of this section shall be a misdemeanor under the General penalty provision, Section 13.010 of this Code.

 

  1. Equipment.

 

  1. Every all-terrain vehicle, except those used in competitive events, shall have the following equipment:

 

  1. A lighted headlamp and tail lamp which shall be in operation at any time in which an all-terrain vehicle is being used on any              street or highway in this state pursuant to RSMo. 304.013;
  2. An equilateral triangular emblem, to be mounted on the rear of such

vehicle at least two feet above the roadway when such vehicle is              operated on any street or highway pursuant to RSMo.304.348 or

RSMo.

304.013. The emblem shall be constructed of substantial material               with a fluorescent yellow-orange finish and a reflective, red              border at least one inch in width. Each side of the emblem shall              measure at least ten inches;

  1. A braking system maintained in good operating condition;
  2. An adequate muffler system in good working condition, and a United States Forest Service qualified spark arrester.

 

  1. A violation of this section shall be a misdemeanor under the General Penalty provision, Section 13.010 of this Code.

 

  1. Violations.

 

  1. An arrest for violations of the provisions of RSMo.301.700 to 301.714 and RSMo.577.065, or the provisions of this chapter, as such provision      relate to all-terrain vehicles may be made by the duly authorized law      enforcement officer of the City of Holden, the highway patrol, and the       state water patrol.

 

  1. Violations of the provisions of RSMo.301.700 to 301.714 and

RSMo.577.065, or the provisions of this chapter, as such provisions relate      to all-terrain vehicles or any rule or order hereunder may be referred to      the proper prosecuting attorney or circuit attorney who may, with or      without such reference, institute appropriate criminal proceedings.

 

  1. Nothing in RSMo.301.700 to 301.714 and RSMo.577.065, or the provisions of this chapter, as such provisions relate to all-terrain vehicles, limits      the power of the state to punish any person for conduct which constitutes

a crime by statute or at common law.

 

SECTION 2. That all other provisions of Chapter 76—Traffic Code of the      Code of Ordinances of the City of Holden shall remain in full force and      effect.

 

     SECTION 3. Effective Date. The effective date of approval of this       ordinance shall be coincidental with the Mayor’s signature and attestation      by the City Clerk.

 

SECTION 4. Severability. The provisions of this Ordinance are declared      to be severable, and if any section, sentence, clause or phrase of this      Ordinance shall for any reason be held invalid or unconstitutional, such      decision shall not affect the validity of the remaining sections,      sentences, clauses or phrases of this Ordinance, and that they shall      remain in effect as being the legislative intent of the City Council      that this Ordinance shall stand notwithstanding the invalidity of any      part.

 

 

76.095.    (ORD. # 09-03) Child restraints.

 

  1. Any person transporting a child under four years of age within the City limits of Holden shall be responsible when transporting such child in a motor vehicle operated by that person on the streets of this city for providing for the protection of such child as follows:

 

  1. When traveling in the front seat, the child shall be protected by a child restraint system approved by the Department of Public Safety; or

 

  1. When traveling in the rear seat, the child shall be protected by either a child passenger restraint system approved by the Department of Public Safety: or

 

 

 

  1. No more than two children shall be permitted to travel in the front seat. Any additional children shall be restrained in the rear seat in accordance with law.

 

  1. Each driver of a motor vehicle transporting a child four years of

age or more, but less than sixteen years of age, shall secure the child in a properly adjusted and fastened safety belt.

 

  1. It shall be an offense punishable under the Code of Ordinances to

violate any provision of this section.

 

76.096.    (ORD. # 19-03)  Seat Belts required.

 

  1. In this Section, the term “passenger car” means every motor vehicle designed for carrying ten persons or less and used for the transportation of persons; except that, the term “passenger car” shall not include motorcycles, motorized bicycles, motor tricycles and trucks with a license gross weight of twelve thousand pounds or more.
  2. 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 passenger of a passenger car manufactured after January 1, 1968, operated on a street or highway in this state, and persons less than eighteen years of age operating or riding in a truck, as defined in section 301.010, RSMo, on a street or highway of this state 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 years of age shall be protected as required in section 76.095 of the Code of Ordinances. No person shall be stopped, inspected, or detained solely to determine compliance with this subsection.  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 their body, nor shall the provisions of this section be applicable to persons while operating or riding a motor vehicle being used in agricultural work-related activities.  Noncompliance with this subsection shall not constitute probable cause for violation of any other provision of law.

 

  1. Each driver who violates the provisions of this ordinance is guilty of an infraction for which a fine not to exceed ten dollars may be imposed. All other provisions of law and court rules to the contrary notwithstanding, no court costs shall be imposed on any person due to a violation of this section.

 

76.097     (ORD. # 3-93)  Reimbursement of Cost for Alcohol and DrugRelated Offenses.

 

  1. Upon a plea of guilty, finding of guilt, or conviction for violation of the provisions of Sections 76.085, 76.475, 75.070, or 75.090 (alcohol-or drug related traffic offenses), the court may, in addition to imposition of any penalties provided by law, order the person to reimburse law enforcement authorities for the costs associated with such arrest.

 

 

 

  1. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical tests to determine the alcohol or drug content of the person’s blood, and the cost of processing, charging, booking, and holding such person in custody.
  2. Law enforcement authorities may establish a schedule of such costs for submission to the court; however, the court may order the costs reduced if it determines that the schedule of costs is excessive given the circumstances of the case or for good cause shown.

 

  1. These fees shall be calculated as additional costs by the municipal court and shall be collected by the court in the same manner as other costs and fees are collected and remitted to the City Treasurer.
  2. The City Treasurer shall retain these fees in a separate fund known as the “DWI/Drug Enforcement Fund”. Monies within the DWI/Drug

Enforcement Fund shall be appropriated by the City Council to law enforcement authorities from such fund in amounts equal to those costs so incurred and shall be specifically used to enhance and support the enforcement and prosecution of alcohol-and drug-related traffic laws within the city.

Subchapter B–Traffic Administration

 

76.100.    Police administration.  There is hereby established in the police department of this City a traffic division to be under the control of an officer of police appointed by and directly responsible to the chief of police.

State law reference-Similar provisions, RSMo 300.015.

 

76.110.    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 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 subchapter and the traffic ordinances of the City.

State law reference-Similar provisions, RSMo 300.020.

 

76.115.    Records of traffic violations.

 

  1. The police department or the traffic division thereof shall keep a record of all violations of the provisions of this Chapter and 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. Such record shall be so maintained as to show all types of violations and the total of each.  Said record shall accumulate during at least a five (5) year period and from that time on the record shall be maintained complete for at least the most recent five (5) year period.

 

  1. 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.
  2. All such records and reports shall be public records. State law reference-Similar provisions, RSMo 300.025.

 

76.120.    Traffic division to investigate accidents.

It shall be the duty of the traffic division, assisted by other police officers of the department, to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.

State law reference-Similar provisions, RSmo 300.030.

76.125.    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 such accidents and determining remedial measures.

State law reference-Similar provisions, RSMo 300.030.

76.130.    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.  Such reports shall be available for the use and information of the city traffic engineer.      State law reference-Similar provisions, RSMo 300.040.

76.135.    Driver files to be maintained.  The police department or the traffic division thereof shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions, and complaints reported for each driver, which shall be filed alphabetically under the name of the driver concerned.

 

76.140.    Traffic division to submit annual traffic safety report.  The traffic division shall annually prepare a traffic report which shall be filed with the mayor.  Such 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 data;
  2. The number of traffic accidents investigated and other pertinent data on the safety activities of the police;

 

  1. The plans and recommendations of the division for future traffic safety activities.

State law reference-Similar provisions, RSMo 300.050.

 

76.150.    Traffic division to designate method of identifying funeral processions.  The traffic division shall designate a type of pennant or other identifying insignia to be displayed upon, or other method to be employed to identify, the vehicles in funeral processions.

State law reference-Similar provisions, RSMo 300.055.

 

76.155.    City traffic engineer.

 

  1. The office of city traffic engineer is established. A designated city official shall serve as city traffic engineer in addition to his other functions, and shall exercise the powers and duties with respect to traffic as provided in this Chapter.

 

 

 

  1. 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 investigation 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 this Code or ordinances of the City.

State law reference-Similar provisions, RSMo 300.060.

 

76.160.    Emergency and experimental regulations.

 

  1. The chief of police, by and with the approval of the city traffic engineer, is hereby empowered to make regulations necessary to make effective the provisions of this Chapter and 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.

 

  1. The city traffic engineer may test traffic control devices under actual conditions of traffic. State law reference- Similar provisions, RSMo. 300.065.

 

76.165.    Traffic commission.

 

  1. There is established a traffic commission to serve without compensation, consisting of the city traffic engineer, the chief of police or in his discretion as his representative the chief of the traffic division, the chairman of the city council traffic committee, one representative each from the city engineer’s office 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.

 

  1. It shall be the duty of the traffic commission, and to this end it shall have the authority within the limits of the 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 legislative body of the City 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.

State law reference-Similar provisions, RSMo 300.070.

 

76.170.    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.

 

76.175.    Dispersement of other 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 (ORD. # 7-87) of such accident refusal to disperse shall be deemed a misdemeanor.

 

Subchapter C–Enforcement and Obedience to Traffic Regulations

 

76.200.    Authority of police and fire department officials.

 

  1. 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.
  2. Officers of the police department or such officers as are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided 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.

 

  1. 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.

State law reference-Similar provisions, RSMo 300.075

 

76.210.    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.

State law reference-Similar provisions, RSMo 300.080.

 

76.215.    Persons propelling pushcarts or riding animals to obey traffic regulations.  Every person propelling any pushcart or riding 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.     State law reference-Similar provisions, RSMo 300.085.

 

76.220.    Use of coasters, roller skates and similar devices restricted.  No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.  This section shall not apply upon any street while set aside as a play street as authorized by ordinance of the City.

State law reference-Similar provisions, RSMo 300.090.

 

76.225.    Public employees to obey traffic regulations.  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 said driver to violate any of the provisions of this

Chapter.

State law reference-Similar provisions, RSMo 300.095.

 

 

 

 

76.230.    Authorized emergency vehicles.

 

  1. 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 herein stated.

 

  1. The driver of an authorized emergency vehicle may:

 

  1. Park or stand, irrespective of the provisions of this Chapter;

 

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

 

  1. Exceed the maximum speed limits so long as he does not endanger life or property;

 

  1. Disregard regulations governing direction of movement or turning in specified directions.

 

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

 

  1. The foregoing provisions 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 such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

State law reference-Similar provisions, RSMo 300.100

 

76.235.    Operation of vehicles on approach of authorized emergency vehicles.

 

  1. 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 such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
  2. 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 using the highway.

 

 

 

 

 

 

76.240.    Immediate notice of accident.  The driver of a vehicle involved in an accident resulting in injury to or death of any person or total damage to all property to an apparent extent of five hundred dollars ($500.00) or more  shall immediately by the quickest means of communication give notice of such accident to the police department if such accident occurs within the City.      State law reference-Similar provisions, RSMo 300.110.

76.245.    Written report of accident.  The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or total damage to all property to an apparent extent of five hundred dollars ($500.00) or more shall, within five (5) days after such accident, forward a written report of such 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 such driver was present thereat.

State law reference-Similar provisions, RSMo 300.115.

 

76.250.    When driver unable to report.

 

  1. Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in Section 76.240 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give, or cause to be given, the notice not given by the driver.

 

  1. Whenever the driver is physically incapable of making a written report of an accident as required in Section 76.245 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five (5) days after the accident make such report not made by the driver.

State law reference-Similar provisions, RSMo 300.120.

 

76.255.    Public inspection of reports relating to accidents.

 

  1. 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 department or other governmental agencies having use for the records for accident prevention purposes, except that the police department or other governmental agency may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident.

 

  1. 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 department shall furnish upon demand of any party to such trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with the law, and, if 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. State law reference-Similar provisions, RSMo 300.125.

 

76.260.    Leaving scene of accident.  No person operating or driving a vehicle on the streets, knowing that an injury has been caused to a person or damage has been caused to property due to culpability of such operator or to accident shall leave the place of such 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 the operator or owner of the damaged vehicle, or to a police officer or if no police officer is in the vicinity, then to the nearest police station or judicial officer.

State law reference- Similar provisions, RSMo. 564.450, 564.460.

 

76.275.    (ORD.# 5-91)  Fraudulently Stopping Payment On An Instrument.

 

  1. A person commits the offense of fraudulently stopping payment on an instrument if he, knowingly, with a purpose to defraud, stops payment on a check or draft given in payment for the receipt of goods of services.

 

  1. It shall be prima facie evidence of a violation of this section if a person stops payment on a check or draft and fails to make good the check or draft, or return or make and comply with reasonable arrangements or return the property for which the check or draft was given in the same or substantially the same condition as when received, within ten (10) days after notice in writing from the payee that the check or draft has not been paid because of a stop payment order by the issuer to the drawee.

 

  1. Notice in writing means notice deposited as certified or registered mail in the United States mail and addressed to the issuer at his address as it appears on the dishonored check or draft or to his last known address. The notice shall contain a statement that failure to make good the check or draft within ten (10) days of receipt of the notice may subject the issuer to criminal prosecution.  If the above stated notice is returned, payee shall satisfy prosecutor that diligent efforts have been made to find our payor’s current address.

 

  1. Any violation of this section is punishable by a fine of up to Five Hundred and 00/100 Dollars ($500.00) and/or a term of imprisonment not to exceed ninety (90) days.

 

76.280.    (ORD.# 5-91)  Passing Bad Checks.

 

  1. A person commits the offense of passing a bad check when, with purpose to defraud, he issues or passed a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee or that there is no such drawee.

 

  1. If the issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued, this fact shall be prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid.

 

  1. If the issuer has an account with the drawee, failure to pay the check or order within ten (10) days after notice in writing that it has not been honored because of insufficient funds or credit with the drawee is prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid.

 

  1. Notice in writing means notice deposited as first class mail in the United States mail and addressed as it appears on the dishonored check or to his last known address. If the above stated notice is returned, payee shall satisfy prosecutor that diligent efforts have been made to find out payor’s current address.

 

  1. Any violation of this section is punishable by a fine of up to Five Hundred and 00/100 Dollars ($500.00) and/or a term of imprisonment not to exceed ninety (90) days.

 

Subchapter D-Procedures on Arrest

 

76.300.    Forms and records of traffic citations and arrests.

 

  1. The mayor shall provide books containing uniform traffic tickets as prescribed by Supreme Court Rule No. 37.00. Said books shall include

serially numbered sets of citations in the form prescribed by Supreme Court Rule.

  1. The municipal court shall issue such books to the chief of police or his duly authorized agent and shall maintain a record of every book so issued and shall require a written receipt for every such book.

 

  1. The chief of police shall be responsible for the issuance of such 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.

State law reference-Similar provisions, RSMo 300.575.

 

76.310.    Procedure of police officers.  Except when authorized or directed under state law to immediately take a person before the judge of the city court for the violation of any traffic laws, a police officer who halts a person for such violation other than for the purpose of giving him a warning or warning notice and does not take such 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.

State law reference-Similar provisions, RSMo 300.580.

 

76.315.    Uniform traffic ticket to be issued when vehicle illegally parked or stopped.  Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by this Chapter, ordinance of the City or by state law, the officer finding such 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 such  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.

State law reference-Similar provisions, RSMo 300.585.

 

76.320.    Warning of arrest sent upon failure to appear.  If a violator of the restrictions on stopping, standing or parking under this Chapter or city traffic laws or ordinances does not appear in response to a uniform traffic ticket affixed to such motor vehicle within a period of five (5) days, the traffic violations bureau 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 such letter is disregarded for a period of five (5) days a warrant of arrest will be issued.

State law reference-Similar provisions, RSMo 300.590.

 

 

 

 

76.325.    When police may remove vehicle.

 

  1. 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 such vehicle constitutes an obstruction to traffic;

 

  1. 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 as extent as to be unable to provide its custody or removal;

 

  1. When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.

 

  1. (ORD. # 7-87) When a vehicle is parked on the street in the same location for ten (10) consecutive days without having been moved.

 

  1. (ORD. # 8-98) When a vehicle is parked on any street or alley for 24 hours.

 

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

 

  1. Whenever an officer removes a vehicle from a street under 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 such removal by mail to the state department whose duty it is to register motor vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored.

State law reference-Similar provisions, RSMo 300.595.

 

Subchapter E–Operation of Vehicles, Generally

 

76.400.    Drive on right of roadway.  Upon all streets in the City 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 such vehicle is lawfully making a left turn in compliance with the rules governing such movement.

 

  1. When the right half of the roadway is closed to traffic while under construction or repair.

 

  1. Upon a roadway designated by markings or signs for one-way traffic.

State law reference-Similar provisions, RSMo 304.015.2.

76.410.    Overtaking and passing a vehicle; manner. The operator of any vehicle overtaking another vehicle proceeding in the same direction shall first sound his horn before beginning such movement, and then shall pass at a safe distance to the left thereof, and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle.      State law reference-Similar provisions, RSMo 304.016.

 

76.415.    Same; limitations.

 

  1. The operator of a vehicle shall not drive to the left side of the center line of a highway or (ORD. # 7-87) street in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safety.

 

  1. The operator of a vehicle shall not overtake and pass another vehicle proceeding in the same direction at any steam or electric railroad grade crossing, nor at any intersection of highways. State law reference-Similar provisions, RSMo 304.016.

 

76.420.    Same; duty of overtaken operator.  The operator of a vehicle upon a highway or (ORD. # 7-87) street about to be overtaken and passed by another approaching from the rear shall give way to the right in favor of the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

State law reference-Similar provisions, RSMo 304.016.

 

76.425.    Same; on the right.  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;

 

  1. Upon a street with unobstructed pavement of sufficient width for two (2) or more lines of vehicles in each direction;

 

  1. Upon a one-way street.

 

Provided, however, such driver may overtake and pass to the right of another vehicle only when such movement may be made in safety.  In no event shall such movement be made by driving off the paved or main traveled portion of the roadway.

State law reference-Similar provisions, RSMo 304.016.

76.430.    Same; when prohibited.  No vehicle shall at any time be driven to the left side of the roadway under the following conditions:

  1. When approaching the crest of a grade or upon a curve of the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.

 

  1. When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct, tunnel or when approaching within one hundred (100) feet of or at any intersection or railroad crossing. State law reference-Similar provisions, RSMo 304.016.

 

76.435.    No passing zones.

  1. The 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.

 

  1. 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.

 

76.440.    Meeting of vehicles.  Operators of vehicles proceeding in the opposite direction shall pass each other to the right, each giving to the other at least one-half (1/2) of the main-traveled portion of the roadway as nearly as possible.

 

76.445.    Right-of-way at intersections; generally.

The driver of a vehicle approaching an intersection shall yield the right-ofway to a vehicle which has entered the intersection from a different street, provided, however, there is no form of traffic-control at such intersection.      State law reference-Similar provisions, RSMo 304.021.

 

76.450.    Same; two vehicles at same time.  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 such vehicles is attempting to or is making a left turn.

State law reference-Similar provisions, RSMo 304.021.

 

76.455.    Same; left turns.

 

  1. 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.

 

 

 

 

 

  1. The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.

State law reference-Similar provisions, RSMo 304.021.

 

76.460.    Same; emerging from alley, private road.  The driver of a vehicle about to enter or cross a street from an alley or any private road or driveway shall yield the right-of-way to all vehicles approaching on such street.

State law reference-Similar provisions, RSMo 304.021.

76.465.    Same; when stop required.  The driver of any vehicle shall stop such vehicle at the entrance to a through street and shall yield the right-ofway to other vehicles which have entered the intersection on the through street or which are approaching so closely on the through street as to constitute an immediate hazard.

State law reference-Similar provisions, RSMo 304.021.

 

76.470.    Following too closely.  The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicle and his ability to stop if necessary and the traffic upon and condition of the roadway.

State law reference-Distance at which vehicle must follow, RSMo 304.017.

 

76.475.    (ORD # 11-97) Driving in an Intoxicated Condition.  No person shall operate a motor vehicle while in an intoxicated condition or under the influence of drugs.

 

76.480.    Muffler system.

 

  1. No person shall operate a motor vehicle in this City unless it is equipped with a muffler in good working order and in constant operation to prevent excessive noise.

 

  1. No person shall operate a motor vehicle in this City on which the exhaust system has been modified in a manner which amplifies or increases the noise emitted by the motor of such vehicle.

 

76.485.    Excessive noise.  No person shall operate any motor vehicle in this City so as to create an unreasonably loud or unnecessary noise, including the spinning of tires.

 

Subchapter F–Turning Movements

 

76.500.    Required position and method of turning at intersection.  The driver of vehicle intending to turn at an intersection shall do so as follows:

 

  1. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

 

  1. Left turns on two-way roadways. 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 such 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.

 

  1. Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one 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 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 such direction upon the roadway being entered.      State law reference-Similar provisions, RSMo 300.215.

76.510.    Authority to place and obedience to turning markers.

 

  1. The city traffic engineer is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be

traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.

 

  1. 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 such indications.

State law reference-Similar provisions, RSmo 300.220.

 

76.515.    Authority to place restricted turn signs.

The city traffic engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such intersections.  The making of 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 such turns are permitted.

 

76.520.    Obedience to no-turn signals.  Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.

State law reference-Similar provisions, RSMo 300.230.

 

76.525.    Limitations on turning around.  The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic.

 

76.530.    Hand signals.

 

  1. An operator in stopping or when checking the speed of his vehicle when the movement of other vehicles may reasonably be affected by such checking of speed shall extend his arm at an angle below horizontal, so that the same may be seen from the rear of his vehicle.
  2. An operator intending to turn his vehicle to the right shall extend his arm at an angle above horizontal, so that the same may be seen from the rear of his vehicle.

 

  1. An operator intending to turn his vehicle to the left shall extend his arm in a horizontal position, so that the same may be seen from the rear of his vehicle.

 

  1. If a motor vehicle is equipped with a mechanical or electrical signal device which will display a signal plainly visible from the rear and indicating intention to turn or stop or that the rate of speed of the motor vehicle is being slowed, the signal with the hand and arm herein required need not be given.

State law reference-Similar provisions, RSMo 304.091.

 

76.535.    When mechanical signals must be used.  The signals required to be given for turns or slowing or stopping shall be given either by means of the hand and arm or by a signal light or signal device in good mechanical condition; however, when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle then such signal shall be given by such light or device.  A vehicle shall be considered as to be so constructed or loaded that a hand and arm signal would not be visible both to the front and rear when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load exceeds twenty-four (24) inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereon exceeds fourteen (14) feet, which limit of fourteen (14) feet shall apply to single vehicles or combinations of vehicles. The provisions of this section shall not apply to any trailer which dose not interfere with a clear view of the hand signals of the operator or the signaling device upon the vehicle pulling said trailer; provided further, that the provisions of this section as far as mechanical devices on vehicles so constructed that a hand and arm signal would not be visible both to the front and rear of such vehicles as above provided shall not be applicable to new vehicles registered within the state after the first day of January, 1954.

 

76.540.    Failure or refusal to stop.  No person operating a motor vehicle shall willfully fail to refuse to bring his vehicle to a stop, or otherwise flee or attempt to elude a pursuing police vehicle when given visual or audible signals to bring the vehicle to a stop.

 

76.543.    (ORD. # 06-07) Light Regulations.

 

  1. a) When lights required.

 

  1. “When lighted lamps are required” means at any time from a half (1/2) hour after sunset to a half (1/2) hours 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.
  2. No person shall drive, move, park or be in custody of any vehicle or combination of vehicles on any street or highway during the times when lighted lamps are required unless such vehicle or combination of vehicles displays lighted lamps and illuminating devices as hereinafter in this Article required.  No person shall use on any vehicle approved electric lamp or similar device unless the light source of such lamp or device complies with the conditions of approval as to focus and rated candlepower.

 

 

  1. Headlamp on Motor Vehicles.

 

Except as in this Section provided, every motor vehicle other than a motor-drawn vehicle and other than a motorcycle shall be equipped with at least two (2) approved headlamps mounted at the same level with at least one (1) on each side of the front of the vehicle.  Every motorcycle shall be equipped with at least one (1) and not more than two (2) approved headlamps.  Every motorcycle equipped with a sidecar or other attachment shall be equipped with a lamp on the outside limit of such attachment capable of displaying a white light to the front.

  1. Multiple-Beam Headlamps-Arrangement.

 

Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions or light projected to different elevations and such lamps may, in addition, be so arranged that 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 intensity as to reveal persons and vehicles at a distance of at least three hundred fifty (350)feet ahead for all conditions of loading.

 

  1. 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.

 

  1. Dimming of Lights, When.

 

Every person driving a motor vehicle equipped with a multiple-beam road lighting equipment, during the times 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 in 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 highintensity 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.  Said headlight beams shall also be used when windshield wipers are in use, as well as during conditions as required under Subsection C.

 

  1. Taillamps, Reflections.

 

  • 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 seventy-two (72) 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.  Either such rear lamp 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.

 

  • Every motorcycle registered in this State, when operated

on a highway, shall also carry at the rear, either as part of the rear lamp or separately, at least one (1) 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 such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps.

 

  • Every new passenger car, new commercial motor vehicle,

motor vehicle, motor-drawn vehicle and omnibus with a capacity of more than six

(6) passengers operated on a highway, shall also carry at the rear at least two (2) approved red reflectors, at least one (1) 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 a motor vehicle displaying lawful undimmed headlamps.  Every such reflector shall meet the requirements of this Article and shall be mounted upon the vehicle at a height mot to exceed sixty (60) inches nor less than fifteen (15) inches above the surface upon which the vehicle stands.

 

4) Any person who knowingly operates a motor vehicle Without the lamps required in this Section in operable condition is guilty of a misdemeanor.

  1. Auxiliary Lamps-Number-Location.

 

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.

 

  1. Limitation On Total Of Lamps Lighted At One Time.

 

At the times when lighted lamps are required, at least two

(2)

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 such vehicle is parked subject to the provisions governing lights on parked vehicles.  Whenever a motor vehicle equipped with headlamps as in this Section 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.

 

  1. Other Vehicles-How Lighted.

 

All vehicles, including agricultural machinery or implements, road machinery, road rollers, traction engines and farm tractors not in this Section specifically required to be equipped with lamps, shall be equipped during the times when lighted lamps are required with at least one (1) lighted lamp or lantern exhibiting a white light visible from a distance of five hundred (500) feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred (500) feet to the rear, and such lamps and lanterns shall exhibit lights to the sides of such vehicle.

 

  1. Vehicle Lighting Requirements Penalty.

 

Any person violating the provisions of this Section with respect to lighting on any vehicle, shall be guilty of a misdemeanor and shall be punished as provided by Chapter 13 of this Code.

 

76.545.    Operator’s license for motorcycle, required.  No person shall operate a motor driven cycle upon any street or highway of this City whose operator’s or chauffeur’s license does not indicate that such person has passed the examination for the operation of a motorcycle or motor-driven cycle.

76.546. (ORD. # 12-03)  Restriction on Use of Red and Blue Lights on Motor Vehicles.

 

  1. 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 public way with any lamp or device thereon displaying either a red or blue light visible from directly in front thereof.

 

  1. Violation of this ordinance shall be an offense punishable under the code of ordinances.

 

 

Subchapter G–One-way Streets and Alleys

 

76.550.    Authority to sign one-way streets and alleys.  Whenever any ordinance of the City 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.      State law reference-Similar provisions, RSMo 300.240.

 

76.555.    One-way streets and alleys.  Upon those streets and parts of streets and in those alleys described and designated by 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.      State law reference-Similar provisions, RSMo 300.245.

 

76.560.    Authority to restrict direction of movement on streets during certain periods.

 

  1. 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 direction during one 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.

 

  1. It shall be unlawful for any person to operate any vehicle in violation of such markings, barriers or other devices so placed in accordance with this section.

State law reference-Similar provisions, RSMo 300.250.

 

Subchapter H–Speed Restrictions

76.600.    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 which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared when signs are in place giving notice thereof, but no city ordinance shall regulate the speed of vehicles upon controlled access highways of the state.

State law reference-Similar provisions, RSMo 300.205.

 

76.610.    Maximum limit, generally.  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.

 

76.615. Maximum speed on specific streets. Whenever signs are posted Giving notice of the maximum legal speed limit established for a particular street or portion thereof.  It shall be unlawful for any person to drive or operate any vehicle at a rate of speed in excess of such posted limit.  (ORD. # 06-05) It shall be unlawful for any person to operate their motor vehicle while in an area marked as a school zone in excess of the posted speed limit of fifteen (15) miles per hour.

(ORD. # 10-11) It shall be unlawful for any person to operate their motor vehicle in excess of the posted speed limit of fifteen (15) miles per hour on West Chestnut starting at North Lexington St.

 

76.616.    (ORD. # 2-93)  Speed limit on Missouri Highways 131 and 58; Penalty.

 

  1. It shall be unlawful for any person to operate their vehicle in excess of the posted speed limit on any state owned and/or maintained highway, road or thoroughfare situated in the city limits of Holden, Johnson County, Missouri.

 

  1. The maximum lawful speed limit on Missouri Highway 131 from Route 58 to 11th Street shall be 30 miles per hour; from 11th Street to 16th Street, it shall be 35 miles per hour; and from 16th Street to the City limits, it shall be 45 miles per hour. These speed limits will be applicable at the designated streets for traffic traveling both north and south.

 

  1. The maximum lawful speed on Missouri Highway 58 from Route U to Vine Street shall be 30 miles per hour.
  2. (ORD # 07-03) The speed limit on East 10th Street between the City limits and Vine Street, for traffic in all directions, shall be 35 miles per hour.

 

76.620.    (ORD # 5-95) Careless driving.  Every person operating a motor vehicle within the city limits of the City of Holden shall operate or drive their motor vehicle in a careful and prudent manner, and in the exercise of the highest degree of care, and at a rate of speed so as not to endanger the property of another or the life or limb of any person taking into consideration the time of day, the amount of vehicular and pedestrian traffic, the condition of the street or highway, the atmospheric conditions, and the location of the conduct with reference to intersecting streets or highways, curbs, residences, schools, other persons, or other objects.

76.625.    Regulation of slow speed.  No person shall drive a motor vehicle at such a slow rate of 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 law.  Peace officers may enforce the provisions of this section by directions to drivers, and in the event of apparent willful disobedience to this section and refusal to comply with the direction of an officer in accordance herewith, the continued slow operation of a vehicle by a driver shall be a misdemeanor.

 

76.630.    Speed determining mechanisms.  The use of, and results determined by, any speed meter, machine or mechanism which seeks 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.

 

76.635.    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.      State law reference-Similar provisions, RSMo 300.210.

 

 

Subchapter I–Traffic Control Signs,

Signals and Devices

 

76.650.    Authority to install.  The city traffic engineer shall place and maintain traffic control signs, signals and devices when and as required under the traffic ordinances of the City to make effective the provisions of said ordinances, and may place and maintain such additional traffic control devices as he may deem necessary to regulate traffic under the traffic ordinances of the City or under state law or to guide or warn traffic.      State law reference-Similar provisions, RSMo 300.130.

 

76.655.    Manual and specifications.  All traffic control signs, signals and devices shall conform to the manual and specifications approved by the State Highway Commission or resolution adopted by the city council.  All signs or signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location throughout the City.  All traffic control devices so erected and not inconsistent with the provisions of this Chapter shall be official traffic control devices.

State law reference-Similar provisions, RSMo 300.135.

76.657.    Obedience.  The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this Chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Chapter.

State law reference-Similar provisions, RSMo 300.140.

 

 

 

76.660.    When required for enforcement purposes.  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, such section shall be effective even though no devices are erected or in place.

State law reference-Similar provisions, RSMo 300.145.

 

76.662.    Presumption of legality.

 

  1. Whenever official traffic control devices are placed in position approximately conforming to the requirements of this Chapter, 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.

 

  1. Any official traffic control device placed pursuant to the provisions of this Chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this Chapter, unless the contrary shall be established by competent evidence. State law reference-Similar provisions, RSMo 300.150.

 

76.664.    Display of unauthorized signs, signals or markings.  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 railroad sign or signal, 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 or any railroad sign or signal.  State law reference-Similar provisions, RSMo 300.175.

 

76.666.    Interference with official traffic control devices or railroad signs or signals.  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 railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.

 

76.668.    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 said lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

 

  1. Green indication.

 

  1. Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such 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 such signal is exhibited;

 

  1. 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 such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection;

 

  1. Unless otherwise directed by a pedestrian control signal as provided in Section 76.670, 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.

 

  1. Steady yellow indication.

 

  1. 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;

 

  1. Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in Section 76.670, are thereby advised that there is insufficient time to cross the roadway before a red indication in shown and no pedestrian shall then start to cross the roadway.

 

  1. Steady red indication.

 

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

 

  1. Unless otherwise directed by a pedestrian control signal as provided in Section 670, pedestrians facing a steady red signal alone shall not enter the roadway.

 

  1. 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 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.      State law reference-Similar provisions, RSMo 300.155.

 

76.670.   Pedestrian control signals.  Whenever special pedestrian control signals exhibiting the words “Walk” or “Don’t Walk” are in place such signals shall indicate as follows:

 

  1. Pedestrians facing 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.

 

  1. Wait or Don’t Walk. No pedestrian shall start to cross the roadway in the direction of 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.

State law reference-Similar provisions, RSMo 300.160.

 

 

 

76.672.    Flashing signals.

 

  1. 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;

 

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

 

  1. This section shall not apply at railroad grade crossings.  Conduct of drivers of vehicles approaching a railroad grade crossing shall be governed by the rules as set forth in Section 76.722.

State law reference-Similar provisions, RSMo 300.165.

 

76.674.    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 over which a red signal is shown.      State law reference-Similar provisions, RSMo 300.170.

 

76.676.    Authority to establish play streets.  The city traffic engineer shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same.

State law reference-Similar provisions, RSMo 300.185.

 

76.678.    City traffic engineer to designate crosswalks and establish safety zones.  The city traffic engineer is hereby authorized:

 

  1. 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;

 

  1. To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians. State law reference-Similar provisions, RSMo 300.195.

 

76.680.    Traffic lanes.

 

  1. The city traffic engineer is hereby authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment or traffic is necessary.

 

  1. Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement. State law reference-Similar provisions, RSMo 300.200.

76.685.    Commercial vehicles prohibited from using certain streets.  In cases where an equally direct and convenient alternate 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.      State law reference-Similar provisions, RSMo 300.550.

 

76.690.    (ORD #13-94) Designation of Commercial Streets and Prohibitions.

 

  1. The following streets are hereby classified as commercial streets: All portions of Highway 58, Highway 131, U Highway, 2nd Street, and Madison Street: the portion of McKissock Street west of Lexington; the portion of Lexington Street north of Highway 58; the portion of 3rd Street east of Buffalo; the portion of Elizabeth Street between Lexington and Clay; the portion of Clay Street north of Elizabeth; the portion of Plum  Street south of U Highway to 4th Street; the portion of 4th Street south and east of the intersection of 4th and Plum; the portion of 6th Street east of Plum; the portion of Olive Street south of Madison and north of 10th; the portion of Clay Street south of Highway 58; the portion of Main Street north of 3rd to Madison; the portion of Market Street between Highway 58 and McKissock; the portion of  Buffalo Street north of 3rd and north of McKissock; the portion of 10th Street west of Highway 131; the portion of 9th Street between Olive and Highway 58. (SEE MAP AT END OF CHAPTER).

 

  1. All commercial vehicles as defined by Section 76.010.5 of the Ordinances are prohibited from traveling or parking on all streets or highways located within the City of Holden other than those commercial streets specifically designated in Section 1, except for those commercial vehicles making deliveries.

 

  1. Nothing contained herein shall prohibit the tractor portion of a tractor-trailer from operating upon the city streets or highways of the City of Holden.

 

  1. Signs stating “No Commercial Vehicles Allowed On Residential Streets” shall be erected at the entrances to the City on the following highways and streets: Highway 58, Highway 131, 10th Street, and U Highway.

 

76.695.    (ORD # 13-01) Parking of Commercial Vehicles.

 

  1. Commercial vehicles shall not park or be operated on the paved parking lot at the Holden City Park.
  2. Commercial vehicles shall not park on any City property, except while making deliveries.

 

  1. Commercial vehicles shall not park or any street, alley, or highway within the City, except while making deliveries.

 

  1. The tractor portion of a tractor-trailer may not park on any street, alley, or highway within the City for more than two hours during any given day.

 

  1. The trailer portion of a tractor-trailer may not be parked or left on any City property, or on any street, alley, or highway within the City, except while making deliveries.

 

  1. Any commercial vehicle parked illegally may be towed and impounded at the owner’s expense.

 

  1. The parking prohibitions set forth in this section shall not apply to any vehicle which is inoperable due to a mechanical breakdown or while receiving mechanical service, so long as the vehicle does not remain illegally parked for a period of time exceeding 36 hours.

 

  1. The parking prohibitions set forth in this section shall not apply to any vehicle participating in or servicing any fair, carnival, rodeo, or similar event within the City.

 

 

Subchapter J–Stop and Yield Intersections, Railroad Crossings, Etc.

 

76.700.    Through streets designated.  Those streets and parts of streets described by ordinances of the City are declared to be through streets for the purpose of this Subchapter.

State law reference-Similar provisions, RSMo 300.255.

 

76.710.    Signs required at through streets.  Whenever any ordinance of the City designates and describes a through street, it shall be the duty of the city traffic engineer to place and maintain a stop sign, or on the basis of an engineering and traffic investigation at any intersection a yield sign, on each and every street intersecting 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) such 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 said streets as may be determined by the city traffic engineer upon the basis of an engineering and traffic study.

State law reference-Similar provisions, RSMo 300.260.

 

76.712.    Other intersections where stop or yield required.  The city traffic engineer is hereby authorized to determine and designate intersections where particular hazard exists upon other than through streets and to determine whether vehicles shall stop at one 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 76.714 (1), in which event he shall cause to be erected a yield sign at every place where obedience thereto is required.

State law reference-Similar provisions, RSMo 300.265.

 

76.714.    Stop and yield signs.

 

  1. The driver of a vehicle approaching a yield sign, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection or, in the event 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.

 

  1. 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.

 

76.716.    Vehicle entering stop intersection.  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 as required by Section 76.714 (2), and after having stopped shall yield the rightof-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

State law reference-Similar provisions, RSMo 300.275.

 

76.718.    Vehicle entering yield intersection.  The driver of a vehicle approaching a yield sign shall in obedience to such sign 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 such driver is moving across or within the intersection, provided, however, that if such a driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right-of-way.

State law reference-Similar provisions, RSMo 300.280.

 

76.720.    Emerging from alley, driveway or building.

The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such 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 collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.      State law reference-Similar provisions, RSMo 290.

 

76.722.    Obedience to signal indicating approach of train.

 

  1. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such 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;

 

  1. 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;

 

  1. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
  2. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

State law reference-Similar provisions, RSMo 300.295.

 

76.723.    (ORD. # 3-87)  Additional warning devices.

 

  1. The City shall accept and execute the agreement with the Missouri Highway and Transportation Commission and the Missouri Pacific Railroad Company for the purpose of installing warning devices at Plum Street crossing N. 442.026 X, Pine Street crossing N. 442.021 N, and Main Street crossing N. 442.017 Y for Project No. RRP-000S (058).

 

  1. The City will cooperate with the Railroad’s plan to install signals and gates by permanently closing the Olive Street crossing.

 

  1. The City does hereby ratify and adopt all statements, representations, conditions, and covenants, contained in the agreement.

 

  1. The Mayor is hereby authorized and directed to execute said agreement in triplicate on behalf of the City of Holden, Missouri, and the City Clerk is hereby authorized and directed to impress thereon the official seal of the City of Holden, and to attest said execution.

 

  1. That said agreement provides for the granting of financial assistance to equal, ninety percent (90%) of the total cost of the installation of the above mentioned warning devices and roadwork.

 

 

Subchapter K–Stopping, Standing and Parking

 

Division 1–General

 

76.730.    Standing or parking close to curb.  Except as otherwise provided in this Subchapter, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen (18) inches of the right-hand curb.

 

76.732.    Signs or markings indicating angle parking.

 

  1. The city traffic engineer shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets, but such 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.
  2. 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 or upon any streetcar tracks. State law reference-Similar provisions, RSMo 300.420.

 

76.734.    Obedience to angle parking signs or markers.  On those streets which have been signed or marked by the city traffic engineer 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 such signs or markings.      State law reference-Similar provisions, RSMo 300.425.

 

76.736.    Permits for loading or unloading at an angle to the curb.

 

  1. 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 such permit. 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.

 

  1. It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit. State law reference-Similar provisions, RSMo 300.430.

 

76.738.    Lamps on parked vehicles.

 

  1. Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half (1/2) hour after sunset and a half

(1/2) 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 such street or highway, no lights need be displayed upon such parked vehicle.

 

  1. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half (1/2) hour after sunset and a half (1/2) hour before sunrise and there is not sufficient light to reveal any person or object within a distance of five hundred (500) feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more parking lights. the foregoing provisions shall not apply to a motor driven cycle.

 

  1. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.

State law reference-Similar provisions, RSMo 300.435.

 

76.740.    Unattended vehicles.  No person having control or charge of a motor vehicle shall allow such vehicle to stand on any street unattended without first setting the brakes thereon and stopping the motor of such vehicle, and, when standing upon a perceptible grade, without turning the wheels of such vehicle to the curb or the side of the roadway.      State law reference-Similar provisions, RSMo 304.150.

 

76.742.    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 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 Subchapter 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 Subchapter, 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 Subchapter, in addition to any penalty which may be assessed for the violation of this Section.

 

Division 2–Prohibited in Specified Places

 

76.750.    Stopping, standing or parking prohibited. Except when necessary to avoid conflict with other traffic, or in compliance with law of the direction of a police officer or official traffic control device, no person shall:

 

  1. 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;

 

  1. On a sidewalk;

 

  1. Within an intersection;

 

  1. On a crosswalk;

 

  1. 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 traffic authority indicates a different length by signs or markings;

 

  1. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

 

  1. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

 

  1. On any railroad tracks;

 

  1. At any place where official signs prohibit stopping;

 

  1. (ORD. # 7-87) So as to be in violation of section 11.101 (25) of this code.

 

  1. 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;

 

  1. Within fifteen (15) feet of a fire hydrant;

 

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

 

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

 

 

 

  1. 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);

 

  1. At any place where official signs prohibit standing.

 

  1. 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;

 

  1. At any place where official signs prohibit parking.

 

  1. 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.

State law reference-Similar provisions, RSMo 300.440.

 

76.752.    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.

State law reference-Similar provisions, RSMo 300.445.

 

76.754.    Parking in 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 position as to block the driveway entrance to any abutting property.      State law reference-Similar provisions, RSMo 300.450.

 

76.756.    Parking for certain purposes prohibited.  No person shall park a vehicle upon any roadway for the principal purpose of;

 

  1. Displaying such vehicle for sale; or

 

  1. Repair such vehicle except repairs necessitated by an emergency.

State law reference-Similar provisions, RSMo 300.455

  1. (ORD. # 7-87) Licensed dealers in new and used automobiles shall at no time park unlicensed automobiles or automobiles for show on any public roadway, street, thoroughfare, or in any parking lane adjacent thereto within the city limits for any successive time period exceeding two (2) hours.

 

  1. (ORD. # 3-88) At no time shall an unlicensed or improperly licensed vehicle be parked on any public street, roadway, thoroughfare, in any parking lane adjacent thereto within the city limits.

 

76.758.    Parking prohibited on narrow streets.

 

  1. The city traffic engineer is 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 such signs when the width of the roadway does not exceed thirty (30) feet.

 

  1. When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign.

State law reference-Similar provisions, RSMo 300.465.

 

76.760.    Standing or parking on one-way roadways.  The city street commissioner is authorized to erect signs upon the left-hand side of any oneway street to prohibit the standing or parking of vehicles, and when such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign.

State law reference-Similar provisions, RSMo 300.470.

 

76.762.    Standing or parking on one-way roadways.  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 such one-way roadway unless signs are erected to permit such standing or parking.  The city street commissioner is authorized to determine when standing or parking may be permitted upon the left-hand side of any such one-way roadway and to erect signs giving notice thereof.      State law reference-Similar provisions, RSMo 300.475.

 

76.764.    No stopping, standing or parking near hazardous congested places.

 

  1. The city street commissioner 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.
  2. When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand or park a vehicle in any such designated place.

State law reference-Similar provisions, RSMo 300.480.

 

76.766.    Parking prohibited on left-hand of street; penalty.

 

  1. Parking is hereby prohibited on the left-hand side, against the normal flow of traffic, on all streets and highways, except where permitted on one-way streets.

 

  1. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished and fined as provided for in this Chapter.

Division 3–Loading and Unloading

 

76.770.    City traffic engineer to designate 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.

State law reference-Similar provisions, RSMo 300.485.

 

 

76.772.    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 such person makes application for a permit for such zone and for two (2) signs to indicate the ends of each such zone.  The city traffic engineer upon granting a permit and issuing 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 user of such signs and for reimbursement of the City for the value thereof in the event of their loss 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.      State law reference-Similar provisions, RSMo 300.490.

 

76.774. Standing in passenger curb loading zone.  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  passengers curb loading zone during hours when the regulations applicable to such curb loading zone are effective, and then only for a period not to exceed three (3) minutes.

State law reference-Similar provisions, RSMo 300.495.

 

76.776.    Standing in freight curb loading zones.  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 provision applicable to such zones are in effect.

State law reference-Similar provisions, RSMo 300.500

 

76.780.    City traffic engineer to designate 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 such public streets in such places and in 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.

State law reference-Similar provisions, RSMo 300.505.

 

76.782.    Stopping, standing and parking of buses and taxicabs regulated.

 

  1. The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided herein.
  2. The operator of a bus shall not stop such 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.

 

  1. 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 such 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.
  2. The operator of a taxicab shall not stand or park such 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.

State law reference-Similar provisions, RSMo 300.510.

 

76.784.    Restricted use of bus 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 such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.      State law reference-Similar provisions, RSMo 300.515.

 

 

Division 4–Restricted or Prohibited on Certain Streets

 

76.790.    Application.  The provisions of this Division prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified 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.      State law reference-Similar provisions, RSMo 300.520.

 

76.792.    Regulations not exclusive.  The provisions of this Division 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.

State law reference-Similar provisions, RSMo 300.530.

 

76.794.    Parking prohibited at all times on certain streets.  When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets described by ordinance.

State law reference-Similar provisions, RSMo 300.530.

 

76.796.    Parking prohibited during certain hours on certain street signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified by ordinance of any day except Sunday and public holidays within the district or upon any of the streets described by ordinance.  No truck or tractor trailer rig weighing over one ton shall be parked overnight on any city street.

State law reference-Similar provisions, RSMo 300.535.

76.798.    Bus used as storage.  (ORD. # 7-87) No bus or similar type vehicle shall be used solely for storage on any property within the city limits of Holden.  Such a vehicle so used shall be considered derelict and shall be cited accordingly.

 

76.799.        (ORD # 15-02) Disabled Parking Regulations

 

  1. Designation of parking spaces on public roadways.

 

The city traffic engineer is hereby authorized to designated reserved parking spaces for disabled persons upon public roadways.  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, and such other requirements as may be provided by federal law.

 

  1. Designation of parking spaces in off-street facilities.

 

The city traffic engineer is hereby authorized to designate reserved parking spaces for disabled persons in a designate reserved parking spaces for disabled persons 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, and such other requirements as may be provided by federal law.

 

  1. Private property.

 

When required by code or other law, or when so designated by the property owner, reserved spaces for disabled parking may be designated on private property.  When so designated, the space shall be marked by a sign bearing the international symbol of accessibility and shall also include any appropriate wording to indicate that the space is reserved for exclusive use of vehicles with a license plate or placard issued pursuant to state law.

 

  1. Illegal parking.

 

No person shall stop, stand or park a vehicle within a designated reserved parking space for disabled parking whether on public or private property, unless such vehicle displays a distinguishing license plate or dashboard placard issued pursuant to RSMo 301.071 or 301.142.

 

  1. Violations, penalty.

 

Every violation of any provision of this section, shall, upon conviction, be punishable by a fine of not less than fifty dollars ($50) and not more than three hundred dollars ($300) plus court costs.

 

Subchapter L–Miscellaneous Driving Rules

76.800.    Following fire apparatus prohibited.  The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

State law reference-Similar provisions, RSMo 300.300.

 

76.802.    Crossing fire hose.  No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway or streetcar track, to be used at any fire or alarm of fire, without the consent of the fire department official in command.

State law reference-Similar provisions, RSMo 300.305.

76.804.    Traffic controlled at fires.  No vehicle, except by direction of the fire chief or other authorized officer of the fire department, shall approach or park within one block of a fire at any time, or be parked or left standing within one block of a fire at any time, or be parked or left standing so as to interfere with the work of the fire department.

 

76.806.    Driving through funeral or other procession.  No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this Chapter.  This provisions shall not apply at intersections where traffic is controlled by traffic control signals or police officers.

State law reference-Similar provisions, RSMo 300.310.

 

76.808.    Funeral procession to be identified.  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 traffic division.      State law reference-Similar provisions, RSMo 300.320.

 

76.810.    Driving 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.

State law reference-Similar provisions, RSMo 300.315.

 

76.812.    When permits required for parades and processions.  No procession or parade, (ORD. # 7-87) except the forces of the United States army, or navy, the military forces of this state and the forces of the police and fire departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the chief of police and such other regulations as are set forth herein which may apply.      State law reference-Similar provisions, RSMo 300.335.

 

76.814.    Vehicle shall not be driven on a sidewalk. The driver of a vehicle shall not drive within and sidewalk area except at a permanent or temporary driveway.

State law reference-Similar provisions, RSMo 300.330.

 

76.816.    Limitations on backing.  The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.

State law reference-Similar provisions, RSMo 300.335.

76.818.    Opening and closing vehicle doors.  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.      State law reference-Similar provisions, RSMo 300.340.

 

76.820.    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 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 side of the operator.

State law reference-Similar provisions, RSMo 300.345.

 

76.822.    Protective headgear required while operating motorcycle.  Every person operating or riding as a passenger on any motorcycle upon any street in the City shall wear protective headgear at all times the vehicle is in motion.  The protective headgear shall meet reasonable standards and specifications established by the state director of revenue.

State law reference-Similar provisions, RSMo 302.020(3).

 

76.824.    (ORD # 1-99) Riding bicycle on sidewalks.

 

  1. No person shall ride a bicycle or use roller skates, roller blades, sleds, coasters, or other toy vehicles upon a sidewalk within a business district.

 

  1. Whenever any person is riding a bicycle or is using roller skates, roller blades, coasters, or toy vehicles on a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.

 

76.826.    (ORD # 1-99) Clinging to vehicle.  No person riding upon any bicycle, coaster, roller blades roller skates, sled or toy vehicle shall attach the same or himself to any vehicle.

 

76.828.    Controlled access.  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.

State law reference-Similar provisions, RSMo 300.355.

 

76.830.    Driving through safety zone prohibited.  No vehicle shall at any time be driven through or within a safety zone.

State law reference-Similar provisions, RSMo 300.365.

 

76.832.    Play streets.  Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof.

State law reference-Similar provisions, RSmo 300.190

76.834.    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.

 

76.836.    Operation of dangerous vehicle.  No person shall drive, own or operate a vehicle which is driven or towed or hauled over the streets of the City which is so located or constructed as to cause delay, accident or injury to other vehicles or users of the public streets of the City.

 

Subchapter M–Regulations Relative to Schools

 

76.850.    Parking adjacent to schools.

 

  1. 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 such parking would, in his opinion, interfere with traffic or create a hazardous situation.

 

  1. 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.       State law reference-Similar provisions, RSMo 300.460.

 

76.852.    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, which will display a signal plainly visible from the front and rear and indicating intention to stop.

State law reference-Similar provisions, RSMo 304.050(2).

 

76.854.    Passing buses regulated.

 

  1. The driver of a vehicle upon a highway meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children and whose driver has in the manner prescribed by law given the signal to stop, shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion or until signaled by its driver to proceed.

 

  1. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or overtaking a school bus which is on a different roadway, which is proceeding in the opposite direction on a highway containing four (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. State law reference-Similar provisions, RSMo 304.050(1,4).

 

Subchapter N–Pedestrians

76.870.    Pedestrians subject to traffic control devices.  Pedestrians shall be subject to traffic control signals as heretofore declared in Section 76.668 and 76.670., but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this Subchapter.      State law reference-Similar provisions, RSMo 300.370.

 

76.872.    Pedestrians’ right-of-way in crosswalks.

 

  1. 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.
  2. 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.

 

  1. Subsection 1 shall not apply under the conditions stated in Subsection 2 of 76.878.

 

  1. 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 such stopped vehicle.

State law reference-Similar provisions, RSMo 300.375.

 

76.874.    Pedestrians to use right half of crosswalks.  Pedestrians shall move, whenever practicable, upon the right half of crosswalks.      State law reference-Similar provisions, RSMo 300.380.

 

76.876.    Crossing at right angles.  No pedestrians 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.      State law reference-Similar provisions, RSMo 300.385.

 

76.878.    When pedestrians shall yield.

 

  1. Every pedestrian crossing a roadway at a 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.

 

  1. 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.

 

  1. The foregoing rules in this section have no application under the conditions stated in Section 76.880 when pedestrians are prohibited from crossing at certain designated places.

State law reference-Similar provisions, RSMo 300.390.

 

76.880.    Prohibited crossing.

 

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

 

  1. No pedestrian shall cross a roadway other than in a crosswalk in any business district.

 

  1. No pedestrian shall cross a roadway other than in a crosswalk upon any street designated by ordinance.
  2. 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 such crossing movements. State law reference-Similar provisions, RSMo 300.395.

 

76.882.    Obedience of pedestrians to bridge and railroad signals.

 

  1. 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.

 

  1. No pedestrian shall pass through, around over or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.

State law reference-Similar provisions, RSMo 300.400.

 

76.884.    Pedestrians walking along roadways.

 

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

 

  1. 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.

State law reference-Similar provisions, RSMo 300.405.

 

76.886.    Drivers to exercise highest degree of care. Notwithstanding the provisions of this Chapter, 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.

State law reference-Similar provisions, RSMo 300.410.

 

76.888.    Soliciting rides.  It shall be unlawful for any person to stand in a roadway for the purpose of soliciting a ride from the operation of any private vehicle.

 

76.890.    Crossing at overpass.  Whenever the City shall construct a pedestrian overpass across any street in the City it shall be unlawful for any pedestrian to fail to use such overpass in crossing such street.

Subchapter P–Cycles

 

76.900.    Words and phrases defined.

 

  1. Every vehicle propelled solely by human power, having one (1), two (2) or three (3) wheels, upon which a person may ride, except scooters and similar devices.

 

  1. Every person who drives or is in actual physical control of a vehicle.

 

  1. Every device in, upon or by which any person or property is or may be transported or drawn upon a street or public way, excepting devices used exclusively upon stationary rails or tracks. (A cycle is a vehicle.)

 

76.910.    Brake required.  Every cycle shall be equipped with a brake or bakes which will enable its driver to stop the cycle within twenty-five (25) feet from a speed of ten (10) miles per hour on dry, level, clean pavement.

 

76.912.    Lights and reflectorization required.  Every cycle when in use on a street or highway 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;

 

  1. Essentially colorless or amber reflectors on both the front and rear surfaces or all pedals. Each pedal reflector shall be recessed below the plate 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;

 

  1. 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 continuous retro

reflective material on each side of both tires which shall be at least threesixteenths of an inch wide.  All such reflectors or retroreflective tire sidewalls 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.

 

76.914.    Manner of operation.

 

  1. Every person riding a cycle upon a street or highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided by Chapter 304, RSMo. and ordinances of this City except as to those provisions of Chapter 304 and the ordinances which by their nature can have no application.

 

  1. Every person operating a cycle upon a street or highway 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. Wherever a usable path for cycles practical for sustained riding for transportation purposes has been officially designated adjacent to a street or highway, cycle riders shall use such path and shall not use the street or highway.

 

  1. A person propelling a cycle shall not ride other than astride a permanent and regular seat attached thereto.

 

  1. No cycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
  2. Persons riding cycles upon a roadway shall ride single file except on paths or roadways set aside for the exclusive use of cycles.

 

  1. No person shall operate a cycle at a speed greater than is reasonable and prudent under conditions then existing.

 

  1. No person less than six (6) years of age shall ride a cycle at (ORD. # 7-87) anytime on any street or thoroughfare unless accompanied by his or her parents or other responsible adult.

 

  1. The operator of a cycle emerging from an alley, or driveway or building shall, upon approaching a sidewalk or the sidewalk area across any alleyway, yield the right-of-way to all pedestrians approaching said sidewalk or sidewalk area, and upon entering the roadway shall yield the rightof-way to all vehicles approaching on said roadway.

 

  1. No person shall park a cycle upon a street or upon the sidewalk in such a manner as to obstruct the flow of vehicles or pedestrian traffic.

 

  1. When special cycle parking space is available, cycles shall be parked in the space provided.

 

  1. The chief of police is authorized to erect signs on any sidewalk or roadway prohibiting the riding of cycles thereon by any person, and when such signs are in place, no person shall disobey the same.

 

  1. Whenever any person is riding a cycle 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.

 

76.916.    Penalties.

 

  1. Every person convicted of a violation of any provisions of this Chapter shall upon conviction be punished as provided in the Code of Ordinances of this City;

 

  1. If any person under seventeen (17) years of age violates any provisions of this Chapter in the presence of a police officer, said officer may impound the cycle involved for a period not to exceed five (5) days upon issuance of a receipt to the child riding it or to its owner.

Appendix I

Specific Limits.  In accordance with Chapter 76 of the city ordinance code, the following stop sign, one-way streets, and parking limitations are here established.

 

Stop Signs

Stop eastbound on Chestnut at Highway 131

Stop westbound on Elizabeth at Highway 131

Stop northwestbound on Madison Avenue at Highway 131

Stop north and southbound on Mary at Elizabeth

Stop north and southbound on Olive at Missouri Pacific Railroad

Stop northwest and southeast bound on Madison at Main

Stop east and westbound on Elizabeth at Main

Stop northbound on Pine at Elizabeth

Stop northwest and southeastbound on Madison at Pine

Stop east and westbound on McKissock at Lexington

Stop north and southbound on Olive at McKissock

Stop northbound on St. Charles at Second

Stop northbound on Buffalo at Second

Stop southbound on Lexington at Second

Stop north and southbound on Olive at Second

Stop northbound on Market at Second

Stop southbound on Main at Second

Stop southbound on Pine at Second

Stop westbound on Second at Pine

Stop northbound on Vine at Second

Stop southbound on Madison at Second

Stop southbound on Zoll at Second

Stop southbound on Cockrell at Second

Stop southbound on Crittenden Avenue at Second

Stop northbound on Plum at Second

Stop northbound on Niagara at Second

Stop westbound on Third at St. Charles

Stop west and eastbound on Third at Buffalo

Stop east and westbound on Third at Olive

Stop east and westbound on Third at Market

Stop north and southbound on Main at Third

Stop westbound on Third at Pine

Stop east and westbound on Buffalo at Fourth

Stop north and southbound on Lexington at Fourth

Stop east and westbound on Fourth at Olive

Stop east and westbound on Fourth at Market

Stop east and westbound on Fourth at Main

Stop east and westbound on Fourth at Pine

Stop east and westbound on Fourth at Vine

Stop north and southbound on Niagara at Fifth

Stop north and southbound on Lexington at Fifth

Stop east and westbound on Fifth at Olive

Stop east and westbound on Fifth at Market

Stop east and westbound on Fifth at Main

Stop east and westbound on Fifth at Pine

Stop east and westbound on Fifth at Vine

Stop northbound on Clay at Fourth

Stop eastbound on Fifth at Clay

Stop southbound on Plum at Fourth and Missouri Pacific Railroad

Stop east and westbound on Sixth at Olive

Stop east and westbound on Sixth at Market Stop east and westbound on Sixth at Main

Stop east and westbound on Sixth at Pine

Stop westbound on Seventh at Buffalo

Stop east and westbound on Seventh at Olive

Stop east and westbound on Seventh at Market

Stop east and westbound on Seventh at Main

Stop east and westbound on Seventh at Pine

Stop east and westbound on Seventh at Vine

Stop westbound on Eighth at Market

Stop east and westbound on Eighth at Main

Stop east and westbound on Eighth at Pine

Stop westbound on Ninth at Olive

Stop eastbound on Ninth at Pine

Stop southbound on Vine at Pine

Stop southbound on Gay at Pine

Stop north and southbound on Clay at Pine

Stop northbound on Rawlins Drive at Pine

Stop southbound on Olive at Tenth

Stop northbound on Olive at Tenth

Stop westbound on Eleventh at Olive

Stop eastbound on Eleventh at Market

Stop east and westbound on Twelfth at Market

Stop eastbound on Twelfth at Main

Stop westbound on Fourteenth at Olive

Stop northbound on Pine at Fourteenth

Stop westbound on Sixteenth at Olive

Stop east and westbound on Sixteenth at Market

Stop eastbound on Sixteenth at Pine

Stop eastbound and westbound on Pine at Sixteenth (ORD # 17-03)

Stop westbound on Seventeenth at Olive

Stop westbound on Eighteenth at Olive

Stop westbound on Nineteenth at Olive

(ORD # 10-00) Stop on Vine Street at its intersection with 7th Street

Stop on Market Street at it intersection with McKissock

Stop at the Northwest exit of the Holden City parking lot located at the entrance to McKissock Street

(ORD # 3-01) Stop on Main Street at its intersection with

7th Street

(ORD # 01-07) Stop sign on North and Southbound Grand Street at intersection of

Grand Street and Chestnut

 

4-Way Stops

 

At Fifth and Buffalo

At Ninth and Market

At Ninth and Main

At Fourteenth and Market

At Fourteenth and Main

At Sixteenth and Main

At Nineteenth and Market

At Nineteenth and Main

 

One Way Streets

 

Market Street northbound between Third and McKissock

Main Street southbound between Third and Second (rescinded-ORD # 18-03)

No Truck Parking

Eastbound on Second Street at east corner of Main Street intersection Eastbound on Second Street at east corner of Market Street intersection

Westbound on Second Street between Main and Market Streets

Eastbound on Second Street midway between Olive and Market Street intersection

Westbound on Second Street at the west corner of Market Street intersection

No Parking

 

Westbound on Second Street at corner with Olive

Eastbound on Third at corner with Pine

(ORD # 6-01) South side of McKissock Street between Olive

Street and Market Street

(ORD # 21-03)  No parking shall be allow on the east side of Main Street between Second Street and Third Street.  Angle parking shall be allowed on the west side of Main Street between Second Street and Third Street.  Signs and curb markings

 

shall be placed on the east side of Main Street between Second Street and Third

Street to indicate no parking

(ORD. # 05-07) North and South sides of Eagle Drive between Clay Street and Main Street during the hours of 8:00 am and 4:00 pm.

 

2 Hour Parking

 

On Second Street between Olive and Market

On Second Street eastbound between Market and Main

On Second Street between Pine and Main

On Main Street between Third and Second

On Market Street southbound at Second Street intersection

(ORD # 18-01)

 

Subchapter Q-Heavy vehicles, machines, and equipment

 

76.920.    Heavy vehicles defined.  Any vehicle, machine, or equipment having a gross weight or weighting in excess of 1000,000 pounds (including cargo) shall be considered a heavy vehicle for the purposes of this Chapter.

 

76.930.    Prohibition on City Streets.  It shall be unlawful for any person to operate, travel, move, or drive a heavy vehicle on any street or alley within the City of Holden, Missouri, or, upon any property owned by the City, except as specified in this Subchapter.

 

76.940.    Waiver of Prohibition.  The City Council may waive the prohibition contained in Section 76.930 at its own discretion.  Nothing contained herein shall require the City Council to waive the prohibition contained in Section 76.930.  Prior to the council considering whether to waive the prohibition, the person or entity seeking the waiver must provide the City Council with information pertaining to the heavy vehicle (including its cargo), which is sought to be moved on a city street or alley, or upon City property.  At a minimum, the applicant must provide the City Council with the weight and type of the heavy vehicle involved, the weight and type of cargo to be moved, the number of axles and wheels for each heavy vehicle, the total number of heavy vehicles involved, whether any of the heavy vehicles operate on tracks, the total weight of each heavy vehicle, the exact route within the City each heavy vehicle will travel, the date and time each heavy vehicle will be loaded and begin its movement within the City.  Prior to issuing the waiver, the City Council may require the applicant to provide any relevant information it deems necessary and appropriate.  Prior to issuing the waiver, the City Council may condition the waiver upon receipt of an indemnity agreement wherein the person or entity moving the heavy vehicle, or the person or entity for whose benefit the heavy vehicle is being moved, agrees to pay for all damage resulting from the movement of the heavy vehicle within the City, including but not limited to damage to road surfaces, utilities under the road surfaces, other City property, or utilities.  Prior to issuing a waiver, the City Council may condition the waiver upon receipt of a surety bond issued by a person or entity authorized to issue indemnity bonds by the Division of Insurance of the State of Missouri ensuring that all damages resulting from the movement of the heavy vehicle within the City will be paid.  The amount of such bond shall be established by the City Council.

 

 

 

 

 

A P P E N D I X

 

THE MODEL TRAFFIC ORDINANCE

 

The following is a copy of Chapter 300 of         the Revised Statutes of Missouri.  This         Chapter is “adopted by reference” as part         of this city’s law, by Section 76.010 of         our Code.

Chapter 300

 

MODEL TRAFFIC ORDINANCE

 

Sec

 

300.010. Definitions.

 

TRAFFIC ADMINISTRATION

 

300.015. Police administration.

300.020. Duty of traffic division.

300.025. Records of traffic violations.

300.030. Traffic division to investigate                       accidents.

300.035. Traffic accident studies.

300.040. Traffic accident reports.

300.045. Driver files to be maintained.              300.050. Traffic division to submit annual                       traffic safety report.

300.055. Traffic division to designate method                       of identifying funeral procession.

300.060. City traffic engineer.              300.065. Emergency and experimental                       regulations.

300.070. Traffic commission established-                       powers and duties.

 

ENFORCEMENT AND OBEDIENCE

OF TRAFFIC REGULATIONS

 

300.075. Authority of police and fire                       department officials.              300.080. Obedience to police and fire                       department officials.              300.085. Persons propelling push carts or                       riding animals to obey traffic                       regulations.

300.090. Use of coasters, roller skates and                       similar devices restricted.              300.095. Public employees to obey traffic                       regulations.

300.100. Authorized emergency vehicles.

300.105. Operation of vehicles on approach of authorized emergency vehicles.

300.110. Immediate notice of accident. 300.115. Written report of accident.

300.120. When driver unable to report.

300.125. Public inspection of reports                                relating to accidents.

 

TRAFFIC CONTROL DEVICES

 

300.130. Authority to install traffic control                       devices.

300.135. Manual and specifications for                               traffic control devices.

300.140. Obedience to traffic control                                devices.

300.145. When official traffic control                       devices required for enforcement                       purposes.

300.150. Official traffic control devices-                       presumption of legality.

300.155. Traffic control signal legend.

300.160. Pedestrian control signals.

300.165. Flashing signals.

300.170. Lane direction control signals.

300.175. Display of unauthorized signs,                       signals or markings.

300.180. Interference with official traffic                       control devices or railroad signs                       or signals.

300.185. Authority to establish play streets.

300.190. Play streets.

300.195. City traffic engineer to designate

crosswalks and establish safety                             zones.

300.200. Traffic lanes.

 

SPEED REGULATIONS

 

300.205. State speed laws applicable.

300.210. Regulation of speed by traffic                       signals.

 

TURNING MOVEMENTS

 

300.215. Required position and method of                       turning at intersections.

300.220. Authority to place and obedience to                       turning markers.

300.225. Authority to place restricted turn                          signs.

300.230. Obedience to no-turn signs.

300.235. Limitations on turning around.

 

ONE-WAY STREETS AND ALLEYS

 

300.240. Authority to sign one-way streets

and alleys.

300.245. One-way streets and alleys. 300.250. Authority to restrict direction of

movement on streets during certain                       periods.

 

STOP AND YIELD INTERSECTIONS,                    RAILROAD CROSSING

 

300.255. Through streets designated.

300.260. Signs required at through streets.

300.265. Other intersections where stop or                       yield required.

300.270. Stop and yield signs.

300.275. Vehicle entering stop intersection.              300.280. Vehicle entering yield intersection.              300.285. Emerging from alley, driveway or                       building.

300.290. Stop when traffic obstructed.

300.295. Obedience to signal indicating                       approach of train.

 

MISCELLANEOUS DRIVING RULES

 

300.300. Following fire apparatus prohibited.

300.305. Crossing fire hose.

300.310. Driving through funeral or other                       procession.

300.315. Driving in procession.

300.320. Funeral procession to be identified.              300.325. When permits required for parades                       and processions.

300.330. Vehicle shall not be driven on a sidewalk.

300.335. Limitations on backing.

300.340. Opening and closing vehicle doors.

300.345. Riding on motorcycles.

300.347. Riding bicycle on sidewalks.

300.350. Clinging to vehicle.

300.355. Controlled access.

300.360. Railroad trains not to block                                streets.

300.365. Driving through safety zone                       prohibited.

 

PEDESTRIANS RIGHTS AND DUTIES

 

300.370. Pedestrians subject to traffic                       control devices.

300.375. Pedestrians right-of-way in                       crosswalks.

300.380. Pedestrians to use right half of                       crosswalks.

300.385. Crossing at right angles.

300.390. When pedestrian shall yield.

300.395. Prohibited crossing.

300.400. Obedience of pedestrians to bridge

and railroad signals.

300.405. Pedestrians walking along roadways.

300.410. Drivers to exercise highest degree

of care.

 

METHOD OF PARKING

 

300.415. Standing or parking close to curb.              300.420. Signs or markings indicating angle                       parking.

300.425. Obedience to angle parking signs or                       markings.

300.430. Permits for loading or unloading at                       an angle to the curb.

300.435. Lamps on parked vehicles.

 

STOPPING, STANDING OR PARKING

PROHIBITED IN SPECIFIED PLACES

 

300.440. Stopping, standing or parking                       prohibited.

300.445. Parking not to obstruct traffic.

300.450. Parking in alleys.

300.455. Parking for certain purposes                       prohibited.

300.460. Parking adjacent to schools.

300.465. Parking prohibited on narrow                                streets.

300.470. Standing or parking on one-way                              streets.

300.475. Standing or parking on one-way                       roadways.

300.480. No stopping, standing or parking                       near hazardous or congested places.

 

STOPPING FOR LOADING

OR UNLOADING ONLY

 

300.485. City traffic engineer to designate                       curb loading zones.

300.490. Permits for curb loading zone.              300.495. Standing in passenger curb loading                       zone.

300.500. Standing in freight curb loading                            zones.

300.505. City traffic engineer to designate                       public carrier stops and stands.              300.510. Stopping, standing and parking of                       buses and taxicabs regulated.              300.515. Restricted use of bus and taxicab                       stands.

 

STOPPING, STANDING OR PARKING

RESTRICTED OR PROHIBITED ON

CERTAIN STREETS

 

300.520. Application of ordinance.

300.525. Regulations not exclusive.              300.530. Parking prohibited at all times on                       certain streets.

300.535. Parking prohibited during certain                       hours on certain streets.              300.540. Stopping, standing or parking                       prohibited during certain hours on                       certain streets.              300.545. Parking signs required.

300.550. Commercial vehicles prohibited from                       using certain streets.

 

TRAFFIC VIOLATIONS BUREAU

 

300.555. When person charged may elect to                       appear at bureau or before                       magistrate.

300.560. Duties of traffic violation bureau.              300.565. Traffic violations bureau to keep                       records.

300.570. Additional duties of traffic                       violations bureau.

 

PROCEDURE ON ARREST

 

300.575. Forms and records of traffic                       citations and arrests.              300.580. Procedure of police officers.              300.585. Uniform traffic tickets to be issued                       when vehicle illegally parked or                       stopped.

300.590. Warning of arrest sent upon failure                       to appear.

300.595. Police may remove vehicle-when.

300.600. Cities may adopt ordinance by                       reference.

 

300.010.  Definitions.-The following words and phrases when used in this ordinance mean:

  • “Alley or alleyway”, any street with a roadway of less than twenty feet in width;
  • “Authorized emergency vehicle”, a vehicle publicly owned and operated as an ambulance, or a vehicle publicly owned and operated by the state highway patrol, police or fire department, sheriff or constable or deputy sheriff, traffic officer or any privately owned vehicle operated as an ambulance when responding to emergency calls;
  • “Business district”, the territory contiguous to and including a highway when within any six hundred 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 feet of frontage on one side or three hundred feet collectively on both sides of the highway;
  • “Central business (or traffic) district”, all streets and portions of streets within the area described by city ordinance as such;
  • “Commercial vehicle”, every vehicle designed, maintained, or used primarily for the transportation of property;
  • “Controlled access highway”, every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway;
  • “Crosswalk”, (a) 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;

(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface;     (8) “Curb loading zone”, a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials;

  • “Driver”, every person who drives or is in actual physical control of a vehicle;
  • “Freight curb loading zone”, a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight (or passengers);
  • “Highway”, the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel:
  • “Intersection”, (a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two 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; (b) Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection.  In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection;
  • “Laned roadway”, a roadway which is divided into two or more clearly marked lanes for vehicular traffic;
  • “Motor vehicle”, any self-propelled vehicle not operated exclusively upon tracks, except farm tractors;
  • “Motorcycle”, every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor;
  • “Official time standard”, whenever certain hours are named herein they shall mean standard time or daylight-saving time as may be in current use in the city;
  • “Official traffic control devices”, all signs, signals, markings and devices not inconsistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic;
  • “Park or parking”, the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers;
  • “Passenger curb loading zone”, a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers;
  • “Pedestrian”, any person afoot;
  • “Person”, every natural person, firm, co-partner- ship, association or corporation;
  • “Police officer”, every officer of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations;
  • “Private road or driveway”, every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons;
  • “Railroad”, a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails;
  • “Railroad train”, a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars; (26) “Residence district”, the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business;
  • “Right-of-way”, the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other;
  • “Roadway”, that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways the term “roadway” as used herein shall refer to any such roadway separately but not to all such roadways collectively;
  • “Safety zone”, the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone;
  • “Sidewalk”, that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians;
  • “Stand or standing”, the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers;
  • “Stop”, when required, complete cessation from movement;
  • “Stop or stopping”, when prohibited, any halting even monetarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal;
  • “Street or highway”, the entire width between the lines of every way publicly maintained when any part thereof is open to the uses of the public for purposes of vehicular travel. “State highway”, a highway maintained by the state of Missouri as a part of the state highway system;
  • “Through highway”, every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield rightof-way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this ordinance; (36) “Traffic”, pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel;
  • “Traffic control signal”, any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed;
  • “Traffic division”, the traffic division of the police department of the city, or in the event a traffic division is not established, then said term whenever used

herein shall be deemed to refer to the police department of the city;

  • “Vehicle”, every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

(L 1965 p. 445 1)

 

TRAFFIC ADMINISTRATION

 

300.015. Police administration.-There is established in the police department of each city adopting this ordinance a traffic division to be under the control of an officer of police appointed by and directly responsible to the chief of police.

(L 1965 p. 445 2)

 

300.020. 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 ordinance and the traffic ordinances of the city.

(L 1965 p. 445 3)

 

300.025. Records of traffic violations.-1. 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.  Such record shall be so maintained as to show all types of violations and the total of each.  Said 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.

  1. 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.
  2. All such records and reports shall be public records.

(L 1965 p. 445 4)

 

300.030. Traffic division to investigate accidents.-It shall be the duty of the traffic division, assisted by other police officers of the department, to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. (L 1965 p. 445 5)

 

300.035. 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 such accidents and determining remedial measures.

(L 1965 p. 445 6)

 

300.040. 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.  Such reports shall be available for the use and information of the city traffic engineer. (L 1965 p. 445 7)

 

300.045. Driver files to be maintained.-The police department or the traffic division thereof shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions, and complaints reported for each driver, which shall be filed alphabetically under the name of the driver concerned. (L 1965 445 8)

 

300.050. Traffic division to submit annual traffic safety report.-The traffic division shall annually prepare a traffic report which shall be filed with the mayor.  Such report shall contain information on traffic matters in the city as follows:

  • The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data;
  • The number of traffic accidents investigated and other pertinent data on the safety activities of the police;
  • The plans and recommendations of the division for future traffic safety activities. (L 1965 p. 445 9)

 

300.055. Traffic division to designate method of identifying funeral processions.-The traffic division shall designate a type of pennant or other identifying insignia to be displayed upon, or other method to be employed to identify, the vehicles in funeral processions.

(L 1965 p. 445 10)

 

300.060. City traffic engineer.-1. The office of city traffic engineer is established.  The city engineer or other designated city official shall serve as city traffic engineer in addition to his other functions, and shall exercise the powers and duties with respect to traffic as provided in this ordinance.     2. 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 investigation 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.

(L 1965 p. 445 11)

 

300.065. Emergency and experimental regulations.-1. The chief of police 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 regulations shall remain in effect for more than ninety days.

  1. The city traffic engineer may test traffic control devices under actual conditions of traffic.

(L 1965 p. 445 12)

 

300.070. Traffic commission established-powers and duties.-1. There is established a traffic commission to serve without compensation, consisting of the city traffic engineer, the chief of police or in his discretion as his representative the chief of the traffic division, the chairman of the city council traffic committee, and one representative each from the city engineer’s office and the city attorney’s office 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.

  1. It shall be the duty of the traffic commission, and to this end it shall have the authority within the limits of the 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 legislative body of the city 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.

(L 1965 p. 445 13)

 

ENFORCEMENT AND OBEDIENCE

OF TRAFFIC REGULATIONS

 

300.075. Authority of police and fire department officials.-1. 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.

 

  1. Officers of the police department or such officers as are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws; provided 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.
  2. 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. (L 1965 p. 445 14)

 

300.080. 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.

(L 1965 p. 445 16)

 

300.085. Persons propelling push carts or riding animals to obey traffic regulations.-Every person propelling any push cart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this ordinance applicable to the driver of any vehicle, except those provisions of this ordinance which by their very nature can have no application. (L 1965 p. 445 17)

 

300.090. Use of coasters, roller skates and similar devices restricted.-No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.  This section shall not apply upon any street while set aside as a play street as authorized by ordinance of the city.

(L 1965 p. 445 18)

 

300.095. Public employees to obey traffic regulations.-The provisions of this ordinance 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 said driver to violate any of the provisions of this ordinance, except as otherwise permitted in this ordinance. (L 1965 p. 445 19)

 

300.100. Authorized emergency vehicles.-1. 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 herein stated.     2. The driver of an authorized emergency vehicle may:

  • Park or stand, irrespective of the provisions of this ordinance;
  • Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
  • Exceed the maximum speed limits so long as he does not endanger life or property;
  • Disregard regulations governing direction of movement or turning in specified directions.
  1. The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle.
  2. The foregoing provisions 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 such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

(L 1965 p. 445 20)

 

300.105. Operation of vehicles on approach of authorized emergency vehicles.-1. 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 such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer;
  • Upon the approach of an authorized emergency vehicle, as above stated, the motorman of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer; 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. (L 1965 p. 445 21)

 

300.110. Immediate notice of accident.-The driver of a vehicle involved in an accident resulting in injury to or

death of any person or total damage to all property to an apparent extent of one hundred dollars or more shall immediately by the quickest means of communication give notice of such accident to the police department if such accident occurs within the city.

(L 1965 p. 445 22)

 

300.115. Written report of accident.-The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or total damage to all property to an apparent extent of one hundred dollars or more shall, within five days after such accident, forward a written report of such 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 such driver was present thereat.

(L 1965 p. 445 23)

 

300.120. When driver unable to report.-1. Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in section 300.110 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give, or cause to be given, the notice not given by the driver.

  1. Whenever the driver is physically incapable of making a written report of an accident as required in section 300.115 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five days after the accident make such report not made by the driver. (L 1965 p. 445 24)

 

300.125. Public inspection of reports relating to accidents.-1. 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 department or other governmental agencies having use for the records for accident prevention purposes, except that the police department or other governmental agency may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident.

  1. 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 department shall furnish upon demand of any party to such trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law, and, if 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.

(L 1965 p. 445 25)

 

TRAFFIC CONTROL DEVICES

 

300.130. Authority to install traffic control devices.-The city traffic engineer shall place and maintain traffic control signs, signals, and devices when and as required under the traffic ordinances of the city to make effective the provisions of said ordinances, and may place and maintain such additional traffic control devices as he may deem necessary to regulate traffic under the traffic ordinances of the city or under state law or to guide or warn traffic. (L 1965 p. 445 26)

 

300.135. Manual and specifications for traffic control devices.-All traffic control signs, signals and devices shall conform to the manual and specifications approved by the state highway commission or resolution adopted by the legislative body of the city.  All signs or signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location throughout the city.  All traffic control devices so erected and not inconsistent with the provisions of this ordinance shall be official traffic control devices. (L 1965 p. 445 27)

 

300.140. Obedience to traffic control devices.-The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this ordinance, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this ordinance. (L 1965 p. 445 28)

 

300.145. When official traffic control devices required for enforcement purposes.-No provision of this ordinance 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, such section shall be effective even though no devices are erected or in place.

(L 1965 p. 445 29)

 

300.150. Official traffic control devices-presumption of legality.-1. Whenever official traffic control devices are placed in position approximately conforming to the requirements of this ordinance, 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.

  1. Any official traffic control device placed pursuant to the provisions of this ordinance and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this ordinance, unless the contrary shall be established by competent evidence. (L 1965 p. 445 30)

 

300.155. 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 said 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 such 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 such 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 such arrow, or such other movement as is permitted by other indications shown at the same time.  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 section 300.160, 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:

  • 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;
  • Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in section 300.160, 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:

  • Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown;
  • Unless otherwise directed by a pedestrian control signal as provided in section 300.160, 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.

(L 1965 p. 445 31)

 

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

  • “Walk”, pedestrians facing 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;
  • “Wait”, or “don’t walk”, no pedestrian shall start to cross the roadway in the direction of 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.

(L 1965 p. 445 32)

 

300.165. Flashing signals.-1. 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:

  • 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;
  • Flashing yellow (caution signal), when a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
  1. 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 300.295 of this ordinance. (L 1965 p. 445 33)

 

300.170. 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 over which a red signal is shown.

(L 1965 p. 445 34)

 

300.175. Display of unauthorized signs, signals or markings.  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 railroad sign or signal,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 or any railroad sign or signal.

(L 1965 p. 445 35)

 

300.180. Interference with official traffic control devices or railroad signs or signals.-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 railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.

(L 1965 p. 445 36)

 

300.185. Authority to establish play streets.-The city traffic engineer shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same. (L 1965 p. 445 37)

 

300.190. Play streets.-Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof. (L 1965 p. 445 38)

 

300.195. City traffic engineer to designate crosswalks and establish safety zones.-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;
  • To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.

(L 1965 p. 445 39)

 

300.200. Traffic lanes.-1. 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.

  1. Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making* a lawful turning movement.

(L 1965 p. 445 40)

*Word “marking” in original rolls.

 

SPEED REGULATIONS

 

300.205. 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 which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared when signs are in place giving notice thereof, but no city ordinance shall regulate the speed of vehicles upon controlled access highways of the state.

(L 1965 p. 445 41)

 

300.210. 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. (L 1965 p. 445 42)

 

TURNING MOVEMENTS

 

300.215. Required position and method of turning at intersection.-The driver of a vehicle intending to turn at an intersection shall do so as follows:

(1) Right turns: Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.     (2) Left turns on two-way roadways: 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 such 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) Left turns on other than two-road roadways: At any intersection where traffic is restricted to one direction on one 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 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 such direction upon the roadway being entered.

(L 1965 p. 445 43)

 

300.220. Authority to place and obedience to turning markers.-1. The city traffic engineer is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.

  1. 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 such indications.

(L 1965 p. 445 44)

 

300.225. Authority to place restricted turn signs.-The city traffic engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such intersections.  The making of 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 such turns are permitted.

(L 1965 p. 445 45)

 

300.230. Obedience to no-turn signs.-Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. (L 1965 p. 445 46)

300.235. Limitations on turning around.-The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic.

(L 1965 p. 445 47)

 

ONE-WAY STREETS AND ALLEYS

 

300.240. Authority to sign one-way streets and alleys.-Whenever any ordinance of the city 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.

(L 1965 p. 445 48)

 

300.245. One-way streets and alleys.-Upon those streets and parts of streets and in those alleys described and designated by 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.

(L 1965 p. 445 49)

 

300.250. Authority to restrict direction of movement on streets during certain periods.-1. 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 direction  during one 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.

  1. It shall be unlawful for any person to operate any vehicle in violation of such markings, signs, barriers or other devices so placed in accordance with this section. (L 1965 p. 445 50)

 

STOP AND YIELD INTERSECTIONS,                    RAILROAD CROSSINGS

 

300.255. Through streets designated.-Those streets and parts of streets described by ordinances of the city are

declared to be through streets for the purposes of sections 300.255 to 300.295. (L 1965 p. 445 51)

 

300.260. Signs required at through streets.-Whenever any ordinance of the city designates and describes a through street it shall be the duty of the city traffic engineer to place and maintain a stop sign, or on the basis of an engineering and traffic investigation at any intersection a yield sign, on each and every street intersecting 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 such 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 said streets as may be determined by the city traffic engineer upon the basis of an engineer and traffic study.

(L 1965 p. 445 52)

 

300.265. Other intersections where stop or yield required.-The city traffic engineer is hereby authorized to determine and designate intersections where particular hazard exists upon other than through streets and to determine whether vehicles shall stop at one 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 subsection 1 of section 300.280, in which event he shall cause to be erected a yield sign at every place where obedience thereto is required.

(L 1965 p. 445 53)

 

300.270. Stop and yield signs.-1. The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event 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 intersection roadway.

  1. 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.

(L 1965 p. 445 54)

 

300.275. Vehicle entering stop intersection.-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 as required by subsection 2 of section 300.270, 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 said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

(L 1965 p. 445 55)

 

300.280. Vehicle entering yield intersection.-The driver of a vehicle approaching a yield sign shall in obedience to such sign 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 such driver is moving across or within the intersection; provided, however, that if such driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right-of-way.         (L 1965 p. 445 56)

300.285. Emerging from alley, driveway or building.- The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such 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 collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

(L 1965 p. 445 58)

 

300.290. Stop when traffic obstructed.-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.

(L 1965 p. 445 59)

 

300.295. Obedience to signal indicating approach of train.-1. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely.  The foregoing requirements shall apply when:

  • A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
  • 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;
  • An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
  1. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

(L 1965 p. 445 60)

 

MISCELLANEOUS DRIVING RULES

 

300.300. Following fire apparatus prohibited.-The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

(L 1965 p. 445 61)

 

300.305. Crossing fire hose.-No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway or streetcar track, to be used at any fire or alarm of fire, without the consent of the fire department official in command.

(L 1965 p. 445 62)

 

300.310. Driving through funeral or other procession.-

No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicu-

ously designated as required in this ordinance.  This provision shall not apply at intersections where traffic in controlled by traffic control signals or police officers.

(L 1965 p. 445 63)

 

300.315. Driving 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.

(L 1965 p. 445 64)

 

300.320. Funeral procession to be identified.-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 traffic division. (L 1965 p. 445 65)

 

300.325. When permits required for parades and processions.-No funeral, procession or parade containing two hundred or more persons or fifty or more vehicles except the forces of the United States army or navy, the military forces of this state and the forces of the police and fire departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the chief of police and such other regulations as are set forth herein which may apply.

(L 1965 p. 445 66)

 

300.330. Vehicle shall not be driven on a sidewalk.- The driver of a vehicle shall not drive within any sidewalk area except as a permanent or temporary drive- way.

(L 1965 p. 445 67)

 

300.335. Limitations on backing.-The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.

(L 1965 p. 445 68)

 

300.340. Opening and closing vehicle doors.-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.

(L 1965 p. 445 69)

 

300.345. 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 person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator.

(L 1965 p. 445 70)

 

300.347. Riding bicycle on sidewalks.-1. No person shall ride a bicycle upon a sidewalk within a business district.

  1. 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 pedestrian.

(L 1965 p. 445 109)

 

300.350. Clinging to vehicle.-No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

(L 1965 p. 445 71)

 

300.355. Controlled access.-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.

(L 1965 p. 445  72)

 

300.360. Railroad trains not to block streets.-It shall be unlawful for the directing officer or the operator of any railroad train to direct the operation of or to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than five minutes; provided that this section shall not apply to a moving train or to one stopped because of an emergency or for repairs necessary before it can proceed safely. (L 1965 p. 445 75)

 

300.365. Driving through safety zone prohibited.-No vehicle shall at any time be driven through or within a safety zone.

(L 1965 p. 445 79)

 

PEDESTRIANS’ RIGHTS AND DUTIES

 

300.370. Pedestrians subject to traffic control devices.-Pedestrians shall be subject to traffic control signals as heretofore declared in sections 300.155 and 300.160 of this ordinance, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in sections 300.370 to 300.410.

(L 1965 p. 445 81)

 

300.375. Pedestrians’ right-of-way in crosswalks.-1.

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.

  1. 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.

  1. Subsection 1 shall not apply under the conditions stated in subsection 2 of section 300.390.
  2. 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 such stopped vehicle.

(L 1965 p. 445 82)

 

300.380. Pedestrians to use right half of crosswalks.-

Pedestrians shall move, whenever practicable, upon the right half of crosswalks. (L 1965 p. 445 83)

 

300.385. 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.

(L 1965 p. 445 84)

 

300.390. When pedestrian shall yield.-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.

  1. 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.
  2. The foregoing rules in this section have no application under the conditions stated in section 300.395 when pedestrians are prohibited from crossing at certain designated places.

(L 1965 p. 445 85)

 

300.395. Prohibited crossing.-1. Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a crosswalk.

  1. No pedestrian shall cross a roadway other than in a crosswalk in any business district.
  2. No pedestrian shall cross a roadway other than in a crosswalk upon any street designated by ordinance.
  3. 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 such crossing movements.

(L 1965 p. 445 86)

 

 

300.400. Obedience of pedestrians to bridge and railroad signals.-1. 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.

  1. No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.

(L 1965 p. 445 87)

 

300.405. Pedestrians walking along roadways.-1. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

  1. 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. (L 1965 p. 445 88)

 

300.410. Drivers to exercise highest degree of care.-

Notwithstanding the foregoing provisions of sections 300.155 to 300.410, 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. (L 1965 p. 445 90)

 

METHOD OF PARKING

 

300.415. Standing or parking close to curb.-Except as otherwise provided in sections 300.415 to 300.435, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the righthand wheels of such vehicle parallel to and within eighteen inches of the right-hand curb. (L 1965 p. 445 112)

 

300.420. Signs or markings indicating angle parking.-

  1. The city traffic engineer shall determine upon what street angle parking shall be permitted and shall mark or sign such streets but such 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.
  2. 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 or upon any streetcar tracks.

(L 1965 p. 445 113)

 

300.425. Obedience to angle parking signs or markers.-

On those streets which have been signed or marked by the city traffic engineer 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 such signs or markings. (L 1965 p. 445 114)

 

300.430. Permits for loading or unloading at an angle to the curb.-1. 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 such permit.  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.

  1. It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit.

(L 1965 p. 445 115)

 

300.435. Lamps on parked vehicles.-1. Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of five hundred feet upon such street or highway no lights need be displayed upon such parked vehicle.

  1. 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 feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements: At least one lamp shall display a white or amber light visible from a distance of five hundred feet to the front of the vehicle, and the same lamp or at least one other lamp shall display a red light visible from a distance of five hundred feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one 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 closer to passing traffic. The foregoing provisions shall not apply to a motor driven cycle.

 

 

  1. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.

(L 1965 p. 445 116)

 

STOPPING, STANDING OR PARKING

PROHIBITED IN SPECIFIED PLACES

 

300.440. Stopping, standing or parking prohibited.-1.

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:

(1) Stop, stand or park a vehicle:

  • On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
  • On a sidewalk;
  • Within an intersection;
  • On a crosswalk;
  • Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless the

(traffic authority) indicates a different length by signs or markings;     (f) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

  • Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
  • On any railroad tracks;
  • At any place where official signs prohibit stopping.

(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:     (a) In front of a public or private driveway;

  • Within fifteen feet of a fire hydrant;
  • Within twenty feet of a crosswalk at an intersection;
  • Within thirty feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway;
  • Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventyfive feet of said entrance (when properly sign-posted);
  • At any place where official signs prohibit standing.

(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:

  • Within fifty feet of the nearest rail of a railroad crossing;
  • At any place where official signs prohibit parking.
  1. 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. (L 1965 p. 445 117)

 

300.445. 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 feet of the width of the roadway for free movement of vehicular traffic.

(L 1965 p. 445 118)

 

300.450. Parking in 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 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 position as to block the driveway entrance to any abutting property. (L 1965 p. 445 119)

 

300.455. Parking for certain purposes prohibited.-No person shall park a vehicle upon any roadway for the principal purpose of:

  • Displaying such vehicle for sale; or
  • Repair such vehicle except repairs necessitated by an emergency.

(L 1965 p. 445 121)

 

300.460. Parking adjacent to schools.-1. 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 such parking would, in his opinion, interfere with traffic or create a hazardous situation.

  1. 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.

(L 1965 p. 445 122)

 

300.465. Parking prohibited on narrow streets.-1. The city traffic engineer is authorized to erect signs indicating no parking upon any street when the width of the roadway does not exceed twenty feet, or upon one side of a street as indicated by such signs when the width of the roadway does not exceed thirty feet.

  1. When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign.

(L 1965 p. 445 123)

 

 

300.470. 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 such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign. (L 1965 p. 445 124)

 

300.475. Standing or parking on one-way roadways.-In the event a highway includes two 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 such one-way roadway unless signs are erected to permit such standing or parking.  The city traffic engineer is authorized to determine when standing or parking may be permitted upon the left-hand side of any such one-way roadway and to erect signs giving notice thereof.

(L 1965 p. 445 125)

 

300.480. No stopping, standing or parking near hazardous or congested places.-1. The city traffic engineer is hereby authorized to determine and designate by proper signs places not exceeding one hundred 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.

  1. When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand, or park a vehicle in any such designated place.

(L 1965 p. 445 126)

 

STOPPING FOR LOADING

OR UNLOADING ONLY

 

300.485. City traffic engineer to designate 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.

(L 1965 p. 445 127)

 

300.490. 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 such person makes application for a permit for such zone and for two signs to indicate the ends of each such zone.  The city traffic engineer upon granting a permit and issuing such signs shall collect from the applicant and deposit in the city treasury a service fee of ten dollars per year or fraction thereof and may by general regulations impose conditions upon the use of such signs and for reimbursement of the city for the value thereof in the event of their loss 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.

(L 1965 p. 445 128)

 

300.495. Standing in passenger curb loading zone.-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 loading zone during hours when the regulations applicable to such curb loading zone are effective, and then only for a period not to exceed three minutes.

(L 1965 p. 445 129)

 

300.500. Standing in freight curb loading zones.-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 pick-up and loading of materials in any place marked as a freight curb loading zone during hours when the provision applicable to such zones are in effect.

(L 1965 p. 445 130)

 

300.505. City traffic engineer to designate 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 such public streets in such places and in 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.

(L 1965 p. 445 131)

 

300.510. Stopping, standing and parking of buses and taxicabs regulated.-1. The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided herein.

  1. The operator of a bus shall not stop such 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.
  2. 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 such vehicle not further than eighteen inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.
  3. The operator of a taxicab shall not stand or park such 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.

(L 1965 p. 445 132)

 

300.515. Restricted use of bus 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 such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. (L 1965 p. 445 133)

 

STOPPING, STANDING OR PARKING

RESTRICTED OR PROHIBITED ON

CERTAIN STREETS

 

300.520. Application of ordinance.-The provisions of this ordinance prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified 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.

(L 1965 p. 445 134)

 

300.525. Regulations not exclusive.-The provisions of this ordinance 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.

(L 1965 p. 445 135)

 

300.530. Parking prohibited at all times on certain streets.-When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets described by ordinance.

(L 1965 p. 445 136)

 

300.535. Parking prohibited during certain hours on certain streets.-When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified by ordinance of any day except Sunday and public holidays within the district or upon any of the streets described by ordinance. (L 1965 p. 445 137)

 

300.540. Stopping, standing or parking prohibited during certain hours on certain streets.-When signs are erected in each block 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.

(L 1965 p. 445 138)

 

300.545. Parking signs required.-Whenever by this ordinance or any 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 said signs are erected and in place at the time of any alleged offense.

(L 1965 p. 445 140)

 

300.550. Commercial vehicles prohibited from using certain streets.-In cases where an equally direct and convenient alternate 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. (L 1965 p. 445 141)

 

TRAFFIC VIOLATIONS BUREAU

 

300.555. When person charged may elect to appear at bureau or before magistrate.-1. Any person charged with an offense for which payment of a fine may be made to the traffic violations bureau shall have the option of paying 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 in court; 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.

  1. The payment of a fine to the 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.

(L 1965 p. 445 144)

 

300.560. Duties of traffic violations bureau.-The following duties are hereby imposed upon the traffic violations bureau in reference to traffic offenses:

  • It shall accept designated fines, issue receipts, and represent in court such violators as are permitted and desire to plead guilty, waive court appearance, and give power of attorney;
  • It shall receive and issue receipts for cash bail from the persons who must or wish to be heard in court, enter the time of their appearance on the court docket, and notify the arresting officer and witnesses, if any, to be present.

(L 1965 p. 445 145)

 

300.565. Traffic violations bureau to keep records.- The traffic violations bureau shall keep records 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.  Such records shall be so maintained as to show all types of violations and the totals of each.  Said records shall be public records. (L 1965 p. 445 146)

 

300.570. Additional duties of traffic violations bureau.-The traffic violations bureau shall follow such procedure as may be prescribed by the traffic ordinances of the city or as may be required by any laws of this state. (L 1965 p. 445 147)

 

PROCEDURE ON ARREST

 

300.575. Forms and records of traffic citations and arrest.-1. The municipal court shall provide books containing uniform traffic tickets as prescribed by supreme court rule no. 37.46.  Said books shall include serially numbered sets of citations in quadruplicate in the form prescribed by supreme court rule.

  1. The municipal court shall issue such books to the chief of police or his duly authorized agent and shall maintain a record of every book so issued and shall require a written receipt for every such book.
  2. The chief of police shall be responsible for the issuance of such 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.

(L 1965 p. 445 150)

 

300.580. Procedure of police officers.-Except when authorized or directed under state law to immediately take a person before the judge of the city court for the violation of any traffic laws, a police officer who halts a person for such violation other than for the purpose of giving him a warning or warning notice and does not take such 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.

(L 1965 p. 445 151)

 

300.585. Uniform traffic ticket to be issued when vehicle illegally parked or stopped.-Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by ordinance of the city or by state law, the officer finding such 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 such vehicle a uniform traffic ticket for the driver to answer to the charge against him within five days during the hours and at a place specified in the traffic ticket.

(L 1965 p. 445 153)

 

300.590. Warning of arrest sent upon failure to appear.-If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances does not appear in response to a uniform traffic ticket affixed to such motor vehicle within a period of five days, the traffic violations bureau 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 such letter is disregarded for a period of five days a warrant of arrest will be issued.

(L 1965 p. 445 154)

 

300.595. Police may remove vehicle-when.-1. 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:

  • When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic;
  • 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;
  • When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.
  1. Whenever an officer removes a vehicle from a street as authorized in this section and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefore and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.
  2. Whenever an officer removes a vehicle from a street under 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 days, then and in that event the officer shall immediately send or cause to be sent a written report of such removal by mail to the state department whose duty it is to register motor vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored. (L 1965 p. 445 156)

 

300.600. Cities may adopt ordinance by reference.-This ordinance or any designated part thereof shall become effective in any city of the state upon the adoption thereof by the legislative body of the city by an  ordinance appropriately describing this ordinance or the part thereof adopted.  Upon such adoption by the city all ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance.

(L 1965 p. 445 157)

Chapter 77 – Emergencies

Chapter 77–Emergencies

 

Subchapter A–Civil Emergencies

 

77.010.    Policy.  Because fire, flood, civil disturbances or riots may from time to time (ORD. # 7-87) occur within the City of Holden, Missouri, the following powers are hereby granted to the mayor of said city, which shall be exercised only in the event of a emergency found and declared to exist by said mayor, and only for the duration of such emergency, which powers shall be invoked only after a declaration and proclamation of an emergency by said mayor.

77.020.    Emergency Powers.  In addition to any and all powers now granted to and exercised by the mayor of the City of Holden, Missouri, such officer is hereby granted the future emergency powers:

 

  1. The mayor shall have the right to declare an emergency to exist when, in his opinion, one or more of the following conditions exists.

 

  1. Imminent danger of destruction of life or property due to unusual conditions.

 

  1. Imminent danger of unusual or extreme weather conditions, making use of city streets or areas difficult or impossible.

 

  1. Imminent danger of civil commotion, uprising or riot.

 

  1. Stoppage or loss of electrical power affecting a major portion of or service to the City.

 

  1. After declaration of emergency, and public notification thereof to the extent practicable, said mayor shall have the right to exercise any or all of the following powers:

 

  1. The power to use employees of the City of Holden to assist in the preservation of life, limb and property.

 

  1. The power to close streets and sidewalks to the use of the public.

 

  1. The power to impose emergency curfew regulations.

 

  1. The power to close business establishments.

 

  1. The power to close any municipally owned buildings and other facilities to the use of the general public.

 

  1. (ORD. # 7-87) Emergency powers may be rescinded by the mayor or the city council at such time as conditions may dictate.

 

Subchapter B–Local Emergency Preparedness Establishment.

 

77.110.    There is hereby created within and for the territory of Holden,

Missouri an Emergency Preparedness Organization to be known as the Holden

Emergency Preparedness Organization, which is responsible for the preparation and implementation of emergency functions required to prevent, minimize and repair injury and damage due to disasters, to include emergency management of resources and administration of such economic controls as may be needed to provide for the welfare of the people, and emergency activities (excluding functions for which military forces are primarily responsible) in accordance with Chapter 44, Revised Statutes of Missouri, 1961, and the Missouri Disaster Operations Plan adopted thereunder.

 

77.120.    Organization.  This office shall consist of a Director and other members appointed by the mayor to conform to the state organization and procedures for the conduct of emergency operations as outlined in the Missouri Disaster Operations Plan.

 

77.130.    Functions.  The organization shall perform emergency preparedness function within the territorial limits of the City of Holden, Missouri and may conduct these functions outside the territorial limits as directed by the Governor during the time of emergency pursuant to the provisions of Chapter 44, Revised Statutes of Missouri, 1960.

 

77.140.    Director.

 

  1. The director will be appointed by the mayor and shall serve during the pleasure of the mayor.

 

  1. The Director shall have direct responsibility for the organization, administration and operations of local emergency preparedness activities.

 

  1. The Director shall be responsible for maintaining records and accounting for the use and disposal of all items of equipment placed under the jurisdiction of the emergency management office.

77.150.    Executive officer.  The mayor of Holden, Missouri, and the Director, in accordance with Chapter 44, Revised Statutes of Missouri, may:

 

  1. Expend funds, make contracts, obtain and distribute equipment, materials, and supplies for emergency preparedness purposes, provide for the health and safety of persons, including emergency assistance to victims of an enemy attack; the safety of property, and direct and coordinate the development of disaster plans and programs in accordance with the policies and plans of the federal and state disaster and emergency planning;

 

  1. Appoint, provide or remove rescue teams, auxiliary fire and police personnel and other emergency operations teams, units or personnel who may serve without compensation;

 

  1. In the event of enemy attack, waive the provisions of statutes requiring advertisement for bids for the performance of public work or entering into contracts;
  2. With the approval of the Governor and consistent with the Missouri Disaster Operations Plan, enter into mutual-aid agreements with other public and private agencies within and without the State for reciprocal emergency aid;

 

  1. Accept services, materials, equipment, supplies or funds granted or loaned by the federal government for disaster planning and operation purposes.

77.160.    Oath.  No person shall be employed or associated in any capacity in any organization established under this act who advocated or has advocated a change by force or violence in the constitutional form of the government of the United States or in this State or the overthrow of any government in the United States by force or violence, or has been convicted of or is under indictment or information charging any subversive act against the United States.  Each person who is appointed to serve in an organization shall, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths in this State, which oath shall be substantially as follows:

 

“I, _________________, do solemnly swear (or           affirm) that I will support and defend the           Constitution of the United States and the           Constitution of the State of Missouri, against           all enemies, foreign and domestic; that I           will bear true faith and allegiance to the           same; that I take this obligation freely,           without any mental reservation or purpose           of evasion; and that I will well and           faithfully swear (or affirm) that I do not           advocate, nor am I a member of any political           party or organization that advocates an           overthrow of the government of the United           States or of this State by force or violence;           and that during such a time as I am a           member of the Holden Emergency Preparedness           Organization, I will not advocate nor become           a member of any political party or organization           that advocates the overthrow of the government           of the United States or of this State by force           or violence.”

 

77.170.    Office Space.  The mayor is authorized to designate space in any city owned or leased building for the Holden Emergency Management Office.

Chapter 78 – Curfew

Chapter 78–Curfew

 

78.010.    Policy.

 

  1. It shall be unlawful for any person under the age of seventeen years of age to be or remain upon any street or alley or other public places in the City of Holden, Missouri, between (ORD. # 7-87) 11:00 p.m. and 5:00 a.m., unless:

 

  1. Such person is accompanied by a parent or guardian, or other (ORD. # 7-78) adult having custody of such person under the age of seventeen years, or

 

  1. Unless in the performance of duty directed by such parent or guardian or other (ORD. # 7-87) adult having custody, or

 

  1. Unless such person is in lawful employment making it necessary to be in such places between such hours, or

 

  1. Unless such person is either entering said City and is proceeding on the most direct route to his or her residence or the dwelling where he or she is to spend the remainder of that night, or

 

  1. Unless said person has left a non-public place within said City and is proceeding on the most direct route to his or her residence or the dwelling where he or she is to spend the remainder of that night.

 

  1. The provisions relating to “general penalty”,

“responsibility” and “every day a violation” of Chapter 13 of this Code shall apply with the same effect to violations of this Chapter.