City of Weatherby Lake, MO General Provisions

[CC 1984 §15.010; Ord. No. 267, 7-17-1984; Ord. No. 959 §1, 4-17-2007]

The following words and phrases, when used in this Title, mean:

ALLEY OR ALLEYWAY: Any street with a roadway of less than twenty (20) feet in width.

ALL-TERRAIN VEHICLE: 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.

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, 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.

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

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.

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

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; or

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.

MOTORCYCLE: 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.

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.

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.

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-partnership, 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 operated upon stationary rails.

RAILROAD TRAIN: A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.

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.

RIGHT-OF-WAY: 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.

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 (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.

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.

STATE HIGHWAY: A highway maintained by the State of Missouri as a part of the State highway system.

STOP: 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 or place open for vehicular travel by the public, regardless of its legal status, and regardless of whether it has been legally established by constituted authority as a public, street, road or highway or by user for the statutory period of time as a public, street, road or highway.

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.

TRAFFIC: Pedestrians, ridden or herded animals, vehicles 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: 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.

Article II: Violations

Section 300.020 Licenses Deposited in Lieu of Bail.

[CC 1984 §15.555; Ord. No. 267, 7-17-1984; Ord. No. 423, 5-19-1992]

Any person arrested and charged with violating a traffic ordinance may, at the discretion of both the officer authorized by law or rule of court to accept bail and the person arrested, deposit his/her license to operate a motor vehicle with the officer demanding bail in lieu of any other security for his/her appearance in court to answer any such charge, except when the charge is driving while intoxicated, driving while under the influence of intoxicating liquor or drugs, leaving the scene of a motor vehicle accident, driving when his/her license is suspended or revoked, or for any charge made because of a motor vehicle accident in which a death occurred.

Notwithstanding the fact that the officer authorized by law or rule of court to accept bail authorizes the person arrested to deposit his/her license to operate a motor vehicle as his/her security for his/her appearance in court, in lieu of depositing his/her license to operate a motor vehicle, the person arrested may decline to deposit his/her license to operate a motor vehicle as security and instead deposit a bond with the officer authorized by law or rule of court to accept bail or other such officer demanding bail in the amount of fifty dollars ($50.00) per traffic offense allegedly committed. The officer shall issue a receipt for such a bond with the judge, Court Clerk or other officer requiring security for court appearance.

The judge, Court Clerk or other officer requiring security for an appearance shall accept the bond or deposit of the license in lieu of bail and, if the license is accepted, shall issue a receipt to the licensee for the license upon a form approved by the Director of Revenue. The licensee may, until he/she has appeared at the proper time and place as stated in the receipt to answer the charge placed against him/her, operate motor vehicles while in possession of the receipt, and the receipt shall be accepted in lieu of the license as provided by and consistent with the laws of the State of Missouri. If a continuance is requested and granted, the licensee shall be given a new receipt for his/her license.

Whether or not a license to operate a motor vehicle has been deposited in lieu of bail pursuant to this Section, if the driver fails to appear at the proper time to answer the charge placed against him/her, the Clerk of the court or the judge of the court, if there is no Clerk, shall within ten (10) days notify the Director of Revenue of the failure to appear. Within ten (10) days of the date that the charge has been reduced to final judgment, the Clerk of the court or the judge of the court if, there is no Clerk, shall notify the Director of Revenue that the charge has been reduced to final judgment.

Section 300.030 Penalty Provision.

[CC 1984 §15.570; Ord. No. 267, 7-17-1984; Ord. No. 300, 12-16-1986; Ord. No. 481, 12-19-1995; Ord. No. 527A, 10-5-1998]

Subject to Subsection (B) of this Section, any person violating any of the provisions of this Title shall, upon conviction, be subject to a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the Platte County Jail or a jail designated by the Police Chief of the City of Weatherby Lake for a period not exceeding ninety (90) days, or by both such fine and imprisonment at the discretion of the court.

If the offense for which the person is convicted is defined as an infraction under the law of the State of Missouri, then the penalty imposed shall not exceed a fine of two hundred dollars ($200.00) or such other amount authorized by State law.

The judge may, when in his/her judgment it may seem advisable, grant a probation to any person who shall plead guilty or who shall be convicted after a trial before such judge. Such probation can be granted in the form of a suspended imposition of sentence or a suspended execution of sentence. When a person is placed on probation, he/she shall be given a certificate explicitly stating the conditions on which he/she is being released. In addition to such other authority as exists to order conditions of probation, the court may order conditions which the court believes will serve to compensate the victim of an ordinance violation or society in general. Such conditions may include, but need not be limited to:

Restitution to the victim in an amount to be determined by the judge; and

The performance of a designated amount of free work for a public or charitable purpose or purposes, as determined by the judge. A person may refuse probation conditioned on the performance of free work. If he/she does so, the court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly.

The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.

Provided however, notwithstanding any other provision of this Title, if the offense for which the person is convicted is a violation of Section 375.160 (Seat Belt), then the fine shall not exceed ten dollars ($10.00) and, provided further, if the conviction is for a violation of Section 375.170 (Child Restraint System), then the fine shall not exceed twenty-five dollars ($25.00).

If the conviction is for an alcohol-related traffic offense and the individual convicted is also a persistent offender or prior offender as defined herein or if the individual has been previously convicted of driving under suspension, then the minimum punishment shall include forty-eight (48) consecutive hours' imprisonment unless as a condition of probation or parole such person performs at least ten (10) days of community service. A persistent offender is one (1) of the following:

A person who has pleaded guilty or has been found guilty of two (2) or more intoxicated-related traffic offenses, where such two (2) or more offenses occurred within ten (10) years of the occurrence of the intoxicated-related traffic offense for which the person is charged.

A person who has pleaded guilty or has been found guilty of involuntary manslaughter, assault in the second degree pursuant to Section 565.024, RSMo., or assault of a Law Enforcement Officer in the second degree pursuant to 565.082, RSMo.

A prior offender is one who has pleaded guilty or has been found guilty of one (1) or more intoxicated-related traffic offenses where such prior offense occurred within five (5) years of the occurrence of the intoxicated-related traffic offense for which the person is charged.