Section 300.020 Highway Construction or Work Zones Defined — Motor Vehicle Moving Violations — Penalty.
[Code 1980 §§15-1, 15-27; CC 1990 §15-1; Ord. No. 6401, 5-9-2000; Ord. No. 7135 §1, 3-4-2005]
The following words and phrases, when used in this Title, mean:
- ALL-TERRAIN VEHICLES
- Any motorized vehicle manufactured and used exclusively for off highway use which is fifty (50) inches or less in width, with an unladen dry weight of six hundred (600) pounds or less, traveling on three (3), four (4) or more low pressure tires, with a seat designed to be straddled by the operator, and handlebars for steering control.
- ALLEY OR ALLEYWAY
- Any street with a roadway of less than twenty (20) 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 (600) feet along the highway there are buildings in use for business or industrial purposes including, but not limited to, hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the highway.
- 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.
- CONGESTED DISTRICT
- Any district lawfully designated by ordinance as a "congested district".
- 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;
- 2. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
- The lateral boundaries of that portion of the street designated for the use of vehicles whether marked with curbstones or not.
- CURB LOADING ZONE
- A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
- Every person who drives or is in actual physical control of a vehicle.
- EMERGENCY VEHICLE
- A vehicle of any of the following types:
- 1. A vehicle operated by the State Highway Patrol, those vehicles operated by enforcement personnel by the Division of Transportation of the Department of Economic Development, Police or Fire Department, Sheriff, Constable or Deputy Sheriff, Federal Law Enforcement Officer authorized to carry firearms and to make arrests for violations of the laws of the United States, traffic officer or coroner, or by a privately owned emergency vehicle company;
- 2. A vehicle operated as an ambulance or operated commercially for the purpose of transporting emergency medical supplies or organs;
- 3. Any vehicle qualifying as an emergency vehicle under Section 307.175, RSMo.
- 4. Any wrecker or tow truck or a vehicle owned and operated by a public utility or public service corporation while performing emergency service;
- 5. Any vehicle transporting equipment designed to extricate human beings from the wreckage of a motor vehicle.
- FIRE LANE
- The area of space officially set apart in any street or highway or parking lot whether public or private so as to provide immediate and unobstructed access to adjacent buildings for Fire Department vehicles and other emergency vehicles.
- 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).
- The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
- IMPROVED STREET OR HIGHWAY
- A street or highway which has been paved with gravel, macadam, concrete, brick or asphalt or improved in any manner by adding substances or material so as to present a surface other than the original earth surface.
- 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 approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict;
- 2. Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection.
- LANED ROADWAY
- A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
- MOTOR VEHICLE
- Any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.
- MOTORBUS OR BUS
- A motor vehicle designed or regularly used for carrying more than eight (8) passengers.
- A 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.
- MOTORIZED BICYCLE
- Any two-wheeled or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty (50) cubic centimeters, which produces less than three (3) gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground.
- MOTORIZED SCOOTERS
- Any two (2), three (3), or four (4) wheeled device which is designed to be ridden in a standing or seated position and is powered by a motor with a cylinder capacity of not more than fifty (50) cubic centimeters and produces less than three (3) gross brake horsepower and is capable of propelling the device with or without human propulsion, except that "motorized scooter" shall not include legitimate devices for use by physically handicapped persons, such as wheelchairs or scooters when operated by a physically handicapped person.
- OFFICIAL TIME STANDARD
- Whenever certain hours are named herein, they shall mean standard time or daylight-saving time as may be in current use in the City.
- OFFICIAL TRAFFIC CONTROL DEVICES
- All signs, signals, markings and devices not inconsistent with this Title placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.
- ONE-WAY STREET
- A street where vehicles are required by law to move in one (1) direction only.
- OPERATOR OR DRIVER
- Any person who drives or is in actual physical control of a vehicle.
- PARK OR PARKING
- The standing of a vehicle, whether occupied or not, upon a roadway otherwise than temporarily for the purpose of and while actually engaged in loading or unloading 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.
- Any person afoot.
- Every natural person, firm, co-partnership, association or corporation.
- POLICE OFFICER
- Every officer of the City Police Department or any officer authorized to direct or regulate traffic or to make arrests for violation 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.
- 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.
- RESIDENCE DISTRICT
- The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more is in the main improved with residences or residences and buildings in use for business.
- The right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
- That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two (2) or more separate roadways, the term "roadway", as used herein, shall refer to any such roadway separately but not to all such roadways collectively.
- SAFETY ZONE
- The area 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.
- That portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines intended for the 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.
- STATE HIGHWAY
- A highway maintained by the State as a part of the State highway system.
- When required, complete cessation from movement.
- STOP OR STOPPING
- When prohibited, any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Police Officer or traffic control sign or signal.
- STREET OR HIGHWAY
- The entire width between the lines of every way publicly maintained when any part thereof is open to the uses of the public for purposes of vehicular travel.
- A motor vehicle, other than a bus or motorbus, offered for or engaged in carrying passengers for hire.
- THROUGH HIGHWAY
- Every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or a yield sign when such signs are erected as provided in this Title.
- Any motor vehicle designated primarily for agricultural use or used as a traveling power plant or for drawing other vehicles or farm or road-building implements and having no provision for carrying loads independently.
- 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 such term, whenever used herein, shall be deemed to refer to the Police Department of the City.
- Any vehicle without motive power designed for carrying passengers or property on its own structure or for being drawn by any vehicle, except those running exclusively on tracks, including a semi-trailer or vehicle of the trailer type, so designed and used in connection with any vehicle having a considerable part of its own weight resting upon and carried by the towing vehicle.
- Any mechanical device on wheels designed primarily for use or used on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, cotton trailers, or motorized wheelchairs operated by handicapped persons.
Section 300.020 Highway Construction or Work Zones Defined — Motor Vehicle Moving Violations — Penalty.
[CC 1990 §15-163; Ord. No. 6663, 3-4-2002]
As stated in this Section, the term "construction zone" or "work zone" means any area upon or around any street or highway (as defined in Section 302.010, RSMo.) within the City limits which is visibly marked as an area where construction, maintenance or other work is temporarily occurring. The term "work zone" or "construction zone" also includes the lanes, streets and highway leading up to the area upon which an activity described in this Subsection is being performed, beginning at the point where appropriate signs directing motor vehicles to merge from one lane to another lane are posted.
Upon conviction or plea of guilty by any person for a moving violation of Title III, Traffic Code, of the Florissant Code of Ordinances, 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 conviction or plea of guilty by any person for a speeding violation pursuant to either Sections 320.030, 320.040 or Schedule VII, or a passing violation pursuant to Subsection (F) 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 person in such zone who was there to perform duties related to the reason for which the area was designated a construction zone or work zone. However, no person assessed an additional fine pursuant to this Subsection shall also be assessed an additional fine pursuant to Subsection (B) of this Section, and no person shall be assessed an additional fine pursuant to this Subsection if no signs have been posted pursuant to Subsection (D) of this Section.
The penalty authorized by Subsection (C) of this Section shall only be assessed by the court if the City, Department of Transportation or contractor performing work has erected signs upon or around a construction or work zone which are clearly visible from the street or highway and which State substantially the following message: "Warning: $250 fine for speeding or passing in this work zone".
During any day in which no person is present in a construction zone or work zone established pursuant to Subsection (C) of this Section to perform duties related to the purpose of the zone, the sign warning of additional penalties shall not be visible to motorists. During any period of two (2) hours or more in which no person is present in such zone a day in which persons have been or will be present to perform duties related to the reason for which the areas was designated as a construction zone or work zone, the sign warning of additional penalties shall not be visible to motorists. The City, the Department of Transportation or contractor performing work shall be responsible for compliance with provisions of this Subsection. Nothing in this Subsection shall prohibit warning or traffic control signs necessary for public safety in the construction or work zone being visible to motorists at all times.
The driver of a motor vehicle may not overtake or pass another motor vehicle within a work zone or construction zone. This Subsection applies to a construction zone or work zone located upon a street or highway within the City divided into two (2) or more marked lanes of traffic moving in the same direction and for which motor vehicles are instructed to merge from one lane into another lane by an appropriate sign erected by the City, the Department of Transportation or a contractor performing work.
[Code 1980 §15-26; CC 1990 §15-27]
Any person who shall violate any of the provisions of this Title, or who shall fail to comply with any of the provisions of the same shall, upon conviction, be punished as provided in Section 100.080 of this Code.