[CC 1984 §15.010; Ord. No. 267, 7-17-1984; Ord. No.
959 §1, 4-17-2007]
A.Â
ALLEY OR ALLEYWAY
ALL-TERRAIN VEHICLE
AUTHORIZED EMERGENCY VEHICLE
BUSINESS DISTRICT
CENTRAL BUSINESS (OR TRAFFIC) DISTRICT
COMMERCIAL VEHICLE
CONTROLLED ACCESS HIGHWAY
CROSSWALK
1.Â
2.Â
CURB LOADING ZONE
DRIVER
FREIGHT CURB LOADING ZONE
HIGHWAY
INTERSECTION
1.Â
2.Â
LANED ROADWAY
MOTOR VEHICLE
MOTORCYCLE
MOTORIZED BICYCLE
OFFICIAL TIME STANDARD
OFFICIAL TRAFFIC CONTROL DEVICES
PARK OR PARKING
PASSENGER CURB LOADING ZONE
PEDESTRIAN
PERSON
POLICE OFFICER
PRIVATE ROAD OR DRIVEWAY
RAILROAD
RAILROAD TRAIN
RESIDENCE DISTRICT
RIGHT-OF-WAY
ROADWAY
SAFETY ZONE
SIDEWALK
STAND OR STANDING
STATE HIGHWAY
STOP
STOP OR STOPPING
STREET OR HIGHWAY
THROUGH HIGHWAY
TRAFFIC
TRAFFIC CONTROL SIGNAL
TRAFFIC DIVISION
VEHICLE
The following
words and phrases, when used in this Title, mean:
Any street with a roadway of less than twenty (20) feet in
width.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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 municipal Police Department or any officer
authorized to direct or regulate traffic or to make arrests for violations
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 operated upon
stationary rails.
A steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails.
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. 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.
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 curb lines or the lateral
lines of a roadway and the adjacent property lines intended for 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 of Missouri 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 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.
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.
Pedestrians, ridden or herded animals, vehicles 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 said
term, whenever used herein, shall be deemed to refer to the Police
Department of the City.
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 1984 §15.555; Ord. No. 267, 7-17-1984; Ord. No.
423, 5-19-1992]
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
[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]
A.Â
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.
B.Â
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.
C.Â
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:
1.Â
Restitution
to the victim in an amount to be determined by the judge; and
2.Â
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.
D.Â
The court
may modify or enlarge the conditions of probation at any time prior
to the expiration or termination of the probation term.
E.Â
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).
F.Â
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:
1.Â
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.
2.Â
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.
3.Â
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.
