[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:
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.
Any street with a roadway of less than twenty (20) feet in
width.
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.
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.
All streets and portions of streets within the area described
by City ordinance as such.
Every vehicle designed, maintained or used primarily for
the transportation of property.
Any district lawfully designated by ordinance as a "congested
district".
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.
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;
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.
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.
A vehicle of any of the following types:
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;
A vehicle operated as an ambulance or operated commercially
for the purpose of transporting emergency medical supplies or organs;
Any vehicle qualifying as an emergency vehicle under Section
307.175, RSMo.
Any wrecker or tow truck or a vehicle owned and operated by
a public utility or public service corporation while performing emergency
service;
Any vehicle transporting equipment designed to extricate human
beings from the wreckage of a motor vehicle.
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.
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.
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.
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;
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.
A roadway which is divided into two (2) or more clearly marked
lanes for vehicular traffic.
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors and motorized bicycles.
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.
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.
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.
Whenever certain hours are named herein, they shall mean
standard time or daylight-saving time as may be in current use in
the City.
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.
A street where vehicles are required by law to move in one
(1) direction only.
Any person who drives or is in actual physical control of
a vehicle.
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.
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.
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.
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.
A steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails, except streetcars.
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.
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.
The halting of a vehicle, whether occupied or not, otherwise
than for the purpose of and while actually engaged in receiving or
discharging passengers.
A highway maintained by the State as a part of the State
highway system.
When required, complete cessation from movement.
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.
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.
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.
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and to
proceed.
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.
[CC 1990 §15-163; Ord. No. 6663, 3-4-2002]
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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".
E.Â
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.
F.Â
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.
