[Ord. No. 03-183 §§1—4, 11-26-2003; Ord. No. 05-013 §1, 2-1-2005; Ord.
No. 07-017 §1, 1-30-2007; Ord. No. 23-030, 4-10-2023]
A.
County Engineer Initiated Traffic Regulations: Except as set forth in Subsection (C) of this Section relating to initial traffic regulations in newly constructed or reconstructed areas, prior to the adoption of traffic regulations, including, but not limited to, stop signs, speed limits, electronic signals, and traffic calming measures, the County Engineer shall evaluate all proposed regulations under the current recommendations of the Manual on Uniform Traffic Control Devices and the St. Charles County Traffic Control Policy to make a determination based on those findings. Following the County Engineer's evaluation and determination, the County Engineer shall cause notice of the new traffic regulation(s) to be posted on the County's website and in two (2) conspicuous places no more than five hundred (500) feet from the applicable area of the proposed regulation(s). Within sixty (60) days of the public notice, the County Executive may forward the County Engineer's determination to the Council for placement on the County Council's Consent Agenda. At that meeting, the County Council shall hold a public hearing on the proposed traffic regulation(s). [
B.
The
County Engineer shall have the authority to authorize temporary stop
signs, speed limits, traffic signals, traffic calming measures, and
other traffic devices for a period not to exceed one hundred twenty
(120) days on established roadways of the County.
C.
The County Engineer shall have the authority to authorize stop signs, speed limits, traffic signals, traffic calming measures, and other traffic devices on newly constructed or reconstructed roadways as deemed appropriate prior to opening of the roadway to the public. Subsequent changes to these traffic devices shall, if initiated by the County Engineer, be done in accordance with Subsection (A) of this Section, and shall, if made by petition to the County Highway Department be done in accordance with Subsection (D) of this Section.
D.
Publicly
Petitioned Traffic Regulations: Requests, including but not limited
to changes to stop signs, speed limits, electronic signals, traffic
calming measures and other traffic devices, shall be made via petition.
Petitions must be signed by citizens representing at least fifteen
(15) separate households from a given traffic neighborhood (subdivision)
or representing a minimum of fifty-one percent (51%) of all property
owners within one (1) mile of the requested location. Petitions will
be reviewed by the Highway Department. The County Engineer shall approve
or deny requested changes based on the Highway Department's review.
The Highway Department shall provide the petitioners with the determination
upon completion of the review. Following the County Engineer's evaluation
and determination, the County Engineer shall cause notice of new and
revised traffic regulations made via petition to be posted on the
County's website and in two (2) conspicuous places no more than five
hundred (500) feet from the applicable area of the proposed regulation(s).
Within sixty (60) days of the public notice, the County Executive
may forward the County Engineer's determination to the Council for
placement on the County Council's Consent Agenda. At that meeting,
the County Council shall hold a public hearing on the new and revised
traffic regulations made via petition.
E.
Any
petitioner whose petition is denied, or approved with modifications,
or any individual who resides within one (1) mile of the requested
location who believes himself/herself to be aggrieved by the determination
of the County Engineer, may appeal such determination to the County
Council within thirty (30) days following notice of the determination
of the County Engineer. The appeal shall state in what manner the
determination of the County Engineer aggrieves him. Upon receipt of
an appeal, the County Council will add a hearing to its agenda in
the normal form and fashion. It shall require the affirmative vote
of four (4) County Council members to overturn the determination of
the County Engineer.
F.
A violation
of any traffic regulation posted subject to the authority granted
in this Section shall be a misdemeanor punishable by a fine of not
more than one thousand dollars ($1,000.00) or by imprisonment in the
St. Charles County Jail for a term not to exceed one (1) year, or
by both fine and imprisonment.
G.
Enforcement
of traffic regulations issued pursuant to this Section shall be the
responsibility of the County Police Department and prosecutions shall
be the responsibility of the County Counselor.
[Ord. No. 05-004 §1, 2-1-2005; Ord. No. 07-017 §1, 1-30-2007]
A.
All permanent traffic regulations duly adopted by St. Charles County either pursuant to Section 310.010(A) of this Title or pursuant to other legal authority are set out in the traffic schedules within this Title.
B.
A violation
of any permanent traffic regulation in this Title's traffic schedules,
or of any permanent traffic regulation not included in those schedules
but applicable to a public road in the unincorporated part of St.
Charles County and duly adopted and posted by the State of Missouri,
is a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000.00) or by imprisonment in the St. Charles County Jail
for a term not to exceed one (1) year, or by both fine and imprisonment.
A separate offense shall be deemed committed on each day a violation
occurs or continues.
C.
Enforcement
of all permanent traffic regulations under this Title's traffic schedules
shall be the responsibility of the County Counselor.
[Ord. No. 07-017 §1, 1-30-2007]
A.
No
person shall operate a motor vehicle while:
1.
Under the influence of alcohol; or
2.
Under the influence of any controlled substance as defined by Chapter
195, RSMo., as amended; or
3.
Under the influence of model glue or any substance containing toluene;
or
4.
Under the influence of any combination of alcohol and controlled
substances to such extent as to impair the person of full possession
of normal faculties.
B.
A violation
of this Section is a misdemeanor punishable by a fine of not more
than one thousand dollars ($1,000.00) or by imprisonment in the St.
Charles County Jail for a term not to exceed one (1) year, or by both
fine and imprisonment. A separate offense shall be deemed committed
on each day a violation occurs or continues. Enforcement of this Section
shall be the responsibility of the County Counselor.
[Ord. No. 07-017 §1, 1-30-2007]
A.
No
person shall operate a motor vehicle upon the highways and roadways
of St. Charles County with a blood alcohol content of eight one-hundredths
of one percent (0.08%) or more by weight of alcohol in his or her
blood.
B.
No
person shall operate a commercial vehicle while having an alcohol
concentration in his or her blood, breath, urine or saliva of four
one-hundredths of one percent (0.04%) or more.
C.
As
used in this Section, the term "commercial motor vehicle" shall mean any motor vehicle designed or used to transport passengers
or property if:
1.
The vehicle has a gross combination weight rating of twenty-six thousand
one (26,001) or more pounds inclusive of a towed unit which has a
gross vehicle weight rating of ten thousand (10,000) pounds; or
2.
The vehicle has a gross vehicle weight rating of twenty-six thousand
one (26,001) or more pounds; or
3.
The vehicle is designed to transport more than fifteen (15) passengers,
including the driver; or
4.
The vehicle is transporting hazardous materials as defined in Section
302.700, RSMo.
D.
As
used in this Section, percent by weight of alcohol in the blood shall
be based upon grams of alcohol per one hundred (100) milliliters of
blood and may be shown by chemical analysis of the person's blood,
breath, saliva or urine. For the purposes of determining the alcoholic
content of a person's blood under this Section, the test shall be
conducted in accordance with provisions of Sections 577.020 to 577.041,
RSMo.
E.
A violation
of this Section is a misdemeanor punishable by a fine of not more
than one thousand dollars ($1,000.00) or by imprisonment in the St.
Charles County Jail for a term not to exceed one (1) year, or by both
fine and imprisonment. A separate offense shall be deemed committed
on each day a violation occurs or continues. Enforcement of this Section
shall be the responsibility of the County Counselor.
[Ord. No. 07-153 §6, 10-30-2007]
No person convicted of or pleading guilty to the offense of
driving with excessive blood alcohol content pursuant to Section 310.040,
OSCCMo., shall be granted a suspended imposition of sentence for such
offense, unless such person shall be placed on probation for a minimum
of two (2) years.
[1]
State Law Reference—For similar provisions, §577.010,
RSMo.
[Ord. No. 08-092 §4, 8-1-2008]
A.
A person
commits the crime of endangering the welfare of a child in the second
degree if he or she operates a vehicle in violation of Section 310.030,
OSCCMo., or Section 310.040, OSCCMo., while a child less than seventeen
(17) years old is present in the vehicle.
B.
Violation
of this Section is a misdemeanor punishable in accordance with Section
375.1000, OSCCMo.
[Ord. No. 08-092 §4, 8-1-2008]
A.
No
person shall consume any alcoholic beverage while operating a moving
motor vehicle upon any highway, street or alley.
B.
Any
person found guilty of violating the provisions of this Section is
guilty of an infraction.
[1]
Editor's Note—Per the County's request of June 15, 2007, section 310.060 "drivers to maintain financial responsibility" has been moved to a new chapter 303: motor vehicle financial responsibility law and renumbered as section 303.025 "drivers to maintain financial responsibility". Subsequently, ord. no. 08-092 §4 has been placed herein.
[Ord. No. 07-153 §6, 10-30-2007]
A.
No
person shall operate an all-terrain vehicle, as defined in Section
301.010, RSMo., upon the highways of this County, except as follows:
1.
All-terrain vehicles owned and operated by a governmental entity
for official use;
2.
All-terrain vehicles operated for agricultural purposes or industrial
on-premises purposes between the official sunrise and sunset on the
day of operation;
3.
All-terrain vehicles operated by handicapped persons for short distances
occasionally only on the County's secondary roads when operated between
the hours of sunrise and sunset;
4.
The County may issue special permits to licensed drivers for special
uses of all-terrain vehicles on County roads within the County. Fees
of fifteen dollars ($15.00) may be collected and retained by the County
for such permits. Such permits shall not be available for purchase
unless and until the County Executive assigns the function of issuing
such permit to a department of the County.
B.
No
person shall operate an off-road vehicle within any stream or river
in this State, 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.
C.
A person operating an all-terrain vehicle on a highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle pursuant to Subdivision (3) of Subsection (A) of this Section, 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 (30) miles per hour. When operated on a highway, an all-terrain vehicle shall have a bicycle safety flag, which extends not less than seven (7) 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 (30) square inches and shall be day-glow in color.
D.
No
persons shall operate an all-terrain vehicle:
1.
In any careless way so as to endanger the person or property of another;
2.
While under the influence of alcohol or any controlled substance;
3.
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 (18) years of age.
E.
No
operator of an all-terrain vehicle shall carry a passenger, except
for agricultural purposes. The provisions of this Subsection shall
not apply to any all-terrain vehicle in which the seat of such vehicle
is designed to carry more than one (1) person.
[1]
State Law Reference—For similar provisions, §304.013,
RSMo.
[1]
Editor's Note—Per the County's request of June 15, 2007, sections 310.070 "driving without operator license" and 310.080 "driving while suspended or revoked" have been moved to a new chapter 302: driver's and commercial drivers' license and renumbered as sections 302.020 "driving without operator's license" and 302.200 "driving while suspended or revoked". Subsequently, ord. no. 07-153 enacted the new provisions set out in section 310.070 above.
[1]
Editor's note—Per the County's request of June 15, 2007. section 310.090 "driving vehicle without valid license plates for such vehicle" has been moved to a new chapter 301: registration and licensing of motor and renumbered as section 301.130 "driving vehicle without valid license plates for such vehicle".
[1]
Editor's note—Per the County's request of June 15, 2007. section 310.100 "drivers to comply with model traffic ordinance, chapter 300, revised statues of missouri, as amended" has been moved to a new chapter 300: model traffic ordinance and renumbered as section 300.001 "drivers to comply with model traffic ordinance, chapter 300, revised statues of missouri, as amended".
