A.
Any person
charged with an offense for which payment of a fine may be made to
the Violations Bureau shall have the option of paying such fine within
the time specified in the notice of arrest at the 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.
B.
The payment
of a fine to the Bureau shall be deemed an acknowledgement of conviction
of the alleged offense, and the Bureau, upon accepting the prescribed
fine, shall issue a receipt to the violator acknowledging payment
thereof.
A.
The following
duties are hereby imposed upon the Violations Bureau in reference
to traffic offenses:
1.
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;
2.
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.
The Violations Bureau shall keep records and submit to the judges
hearing violations of City ordinances summarized monthly reports 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 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.
The 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.
[Ord. No. 3539 §1, 8-9-2007]
A.
CONSTRUCTION ZONE or WORK ZONE
HIGHWAY
MOVING VIOLATION
WORKER or HIGHWAY WORKER
As used
in this Section, the following words shall have the meanings set out
herein:
Any area upon or around any highway as defined in Section
302.010, RSMo., which is visibly marked by the Department of Transportation
or a contractor or subcontractor performing work for the Department
of Transportation as an area where construction, maintenance, incident
removal or other work is temporarily occurring. The term "work
zone" or "construction zone" also includes
the lanes of highway leading up to the area upon which an activity
described in this definition is being performed, beginning at the
point where appropriate signs or traffic control devices are posted
or placed.
Any public thoroughfare for vehicles, including State roads,
County roads and public streets, avenues, boulevards, parkways or
alleys.
That character of traffic violation of the City's ordinances
where at the time of violation the motor vehicle involved is in motion,
except that the term does not include the driving of a motor vehicle
without a valid motor vehicle registration license or violations relating
to sizes and weights of vehicles.
Any person that is working in a construction zone or work
zone or any employee of the Department of Transportation that is performing
duties under the Department's motorist assist program on a State highway
or the right-of-way of a State highway.
B.
Fines For Moving Violations — Fines For Violations In Work Or
Construction Zones — Signs Required For Assessing Fines — Penalty
For Passing In Work Or Construction Zones — Not Applicable To
Court Costs.
1.
Upon the first (1st) conviction or plea of guilty by any person for a moving violation as defined in Subsection (A) or any offense listed in Section 302.302, RSMo., the court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized to be imposed by law, if the offense occurred within a construction zone or a work zone. Upon a second (2nd) or subsequent such conviction or plea of guilty, the court shall assess a fine of seventy-five dollars ($75.00) in addition to any other fine authorized to be imposed by law.
2.
Upon the first (1st) conviction or plea of guilty by any person for a speeding violation under either Section 304.009 or 304.010, RSMo., or a passing violation under Subsection (B)(4) of this Section, the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law if the offense occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any highway worker in such zone. Upon a second (2nd) or subsequent such conviction or plea of guilty, the court shall assess a fine of three hundred dollars ($300.00) in addition to any other fine authorized by law. However, no person assessed an additional fine under this Subsection shall also be assessed an additional fine under Subsection (B)(1) of this Section and no person shall be assessed an additional fine under this Subsection if no signs have been posted under Subsection (B)(3) of this Section.
3.
The penalty authorized by Subsection (B)(2) of this Section shall only be assessed by the court if the Department of Transportation or a contractor or subcontractor performing work for the Department of Transportation has erected signs upon or around a construction zone or work zone which are clearly visible from the highway and which state substantially the following message: "Warning: Minimum $250 fine for speeding or passing in this work zone when workers are present."
4.
The
driver of a motor vehicle may not overtake or pass another motor vehicle
within a work zone or construction zone as provided in this Subsection.
Violation of this Subsection is a Class C misdemeanor.
a.
This
Subsection applies to a construction zone or work zone located upon
a highway divided into two (2) or more marked lanes for traffic moving
in the same direction and for which motor vehicles are instructed
to merge from one lane into another lane and not pass by appropriate
signs or traffic control devices erected by the Department of Transportation
or a contractor or subcontractor performing work for the Department
of Transportation.
b.
This
Subsection also prohibits the operator of a motor vehicle from passing
or attempting to pass another motor vehicle in a work zone or construction
zone located upon a two-lane highway when highway workers or equipment
are working and when appropriate signs or traffic control devices
have been erected by the Department of Transportation or a contractor
or subcontractor performing work for the Department of Transportation.
5.
The
additional fines imposed by this Subsection shall not be construed
to enhance the assessment of court costs or the assessment of points
under Section 302.302, RSMo.
C.
Endangerment Of A Highway Worker Defined — Fine — Aggravated
Endangerment Of A Highway Worker, Fine — Offense Not Applicable
In Absence Of Workers In Zone — No Citation Or Conviction, When.
1.
A person shall be deemed to commit the offense of "endangerment of a highway worker" upon conviction for any of the following when the offense occurs within a construction zone or work zone as defined in Subsection (A):
a.
Exceeding
the posted speed limit by fifteen (15) miles per hour or more;
c.
Failure
to stop for a work zone flagman or failure to obey traffic control
devices erected in the construction zone or work zone for purposes
of controlling the flow of motor vehicles through the zone;
d.
Driving
through or around a work zone by any lane not clearly designated to
motorists for the flow of traffic through or around the work zone;
e.
Physically
assaulting or attempting to assault or threatening to assault a highway
worker in a construction zone or work zone with a motor vehicle or
other instrument;
f.
Intentionally
striking, moving or altering barrels, barriers, signs or other devices
erected to control the flow of traffic to protect workers and motorists
in the work zone for a reason other than avoidance of an obstacle,
an emergency or to protect the health and safety of an occupant of
the motor vehicle or of another person; or
g.
Committing
any of the following offenses for which points may be assessed under
Section 302.302, RSMo.:
(1)
Leaving the scene of an accident in violation of Section 577.060,
RSMo.;
(2)
Careless and imprudent driving in violation of Subsection (4) of
Section 304.016, RSMo.;
(3)
Operating without a valid license in violation of Subdivision (1)
or (2) of Subsection (1) of Section 302.020, RSMo.;
(4)
Operating with a suspended or revoked license;
(5)
Driving while in an intoxicated condition or under the influence
of controlled substances or drugs or driving with an excessive blood
alcohol content;
(6)
Any felony involving the use of a motor vehicle.
2.
Upon conviction or a plea of guilty for committing the offense of endangerment of a highway worker under Subsection (C)(1) of this Section, if no injury or death to a highway worker resulted from the offense, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than one thousand dollars ($1,000.00).
3.
A person shall be deemed to commit the offense of "aggravated endangerment of a highway worker" upon conviction or a plea of guilty for any offense under Subsection (C)(1) of this Section when such offense occurs in a construction zone or work zone as defined in Subsection (A) of this Section and results in the injury or death of a highway worker. Upon conviction or a plea of guilty for committing the offense of aggravated endangerment of a highway worker, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than five thousand dollars ($5,000.00) if the offense resulted in injury to a highway worker and ten thousand dollars ($10,000.00) if the offense resulted in death to a highway worker.
4.
Except for the offense established under Subsection (C)(1)(f) of this Section, no person shall be deemed to commit the offense of endangerment of a highway worker except when the act or omission constituting the offense occurred when one (1) or more highway workers were in the construction zone or work zone.
5.
No person shall be cited or convicted for endangerment of a highway worker or aggravated endangerment of a highway worker for any act or omission otherwise constituting an offense under Subsection (C)(1) of this Section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle or from the negligence of another person or a highway worker.
