City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2254-01 §1, adopted March 16, 2004, repealed ch. 355 "stopping, standing or parking prohibited in specified places" and enacted new provision set out herein. Former ch. 355 derived from RSMo. §300.440 — 300.480; ord. no. 325 §84, 9-3-1968; ord. no. 1846-99 §§1 — 5, 3-16-1999; ord. no. 1907-99 §24, 12-21-1999.

Section 355.010 Stopping, Standing or Parking Prohibited.

[Ord. No. 2254-04 §1, 3-16-2004]
A. 
Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a Police Officer or official traffic control device, no person shall:
1. 
Stop, stand or park a vehicle:
a. 
On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
b. 
On a sidewalk;
c. 
Within an intersection;
d. 
On a crosswalk;
e. 
Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the (traffic authority) indicates a different length by signs or markings;
f. 
Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
g. 
Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
h. 
On any railroad tracks;
i. 
At any place where official signs prohibit stopping.
2. 
Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
a. 
In front of a public or private driveway;
b. 
Within fifteen (15) feet of a fire hydrant;
c. 
Within twenty (20) feet of a crosswalk at an intersection;
d. 
Within thirty (30) feet upon the approach to any flashing signal, stop sign or traffic control signal located at the side of a roadway;
e. 
Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance (when properly signposted);
f. 
At any place where official signs prohibit standing.
3. 
Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:
a. 
Within fifty (50) feet of the nearest rail of a railroad crossing;
b. 
At any place where official signs prohibit parking.
B. 
No person shall move a vehicle not lawfully under his/her control into any such prohibited area or away from a curb such a distance as is unlawful.

Section 355.020 Parking Not to Obstruct Traffic.

[Ord. No. 2254-04 §1, 3-16-2004]
No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic.

Section 355.030 Parking in Alleys.

[Ord. No. 2254-04 §1, 3-16-2004]
No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property.

Section 355.040 Parking for Certain Purposes Prohibited.

[Ord. No. 2254-04 §1, 3-16-2004]
A. 
No person shall park a vehicle upon any roadway for the principal purpose of:
1. 
Displaying such vehicle for sale; or
2. 
Repair such vehicle except repairs necessitated by an emergency.

Section 355.050 Parking Adjacent to Schools.

[Ord. No. 2254-04 §1, 3-16-2004]
A. 
The City Traffic Engineer is hereby authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.
B. 
When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place.

Section 355.060 Parking Prohibited on Narrow Streets.

[Ord. No. 2254-04 §1, 3-16-2004]
A. 
The City Traffic Engineer is authorized to erect signs indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet or upon one (1) side of a street as indicated by such signs when the width of the roadway does not exceed thirty (30) feet.
B. 
When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign.

Section 355.070 Standing or Parking on One-Way Streets.

[Ord. No. 2254-04 §1, 3-16-2004]
The City Traffic Engineer is authorized to erect signs upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles and when such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign.

Section 355.080 Standing or Parking on One-Way Roadways.

[Ord. No. 2254-04 §1, 3-16-2004]
In the event a highway includes two (2) or more separate roadways and traffic is restricted to one (1) direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking. The City Traffic Engineer is authorized to determine when standing or parking may be permitted upon the left-hand side of any such one-way roadway and to erect signs giving notice thereof.

Section 355.090 No Stopping, Standing or Parking Near Hazardous or Congested Places.

[Ord. No. 2254-04 §1, 3-16-2004]
A. 
The City Traffic Engineer is hereby authorized to determine and designate by proper signs places not exceeding one hundred (100) feet in length in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.
B. 
When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand or park a vehicle in any such designated place.

Section 355.100 Parking of Commercial Vehicles on Public Streets in "R-1", "R-2", "R-3", "B-4", "I-1" and "I-2" Zoning Districts — Prohibited.

[Ord. No. 800 §42A, 11-12-1979; Ord. No. 1625 §1, 5-16-1995; Ord. No. 1907-99 §25, 12-21-1999; Ord. No. 2254-04 §1, 3-16-2004; Ord. No. 2347-05 §1, 1-18-2005; Ord. No. 2348-05 §1, 1-18-2005]
A. 
No person, firm or corporation shall park, cause to be parked or permit to be parked a commercial vehicle on the public streets or public right-of-way in the "R-1", "R-2", "R-3", "B-4", "I-1" and "I-2" zoning districts in the City of Smithville except that a commercial vehicle may be parked on said streets provided that the vehicle is loading or unloading merchandise or materials for the delivery to residents or businesses of said street.
B. 
For the purpose of this Section, a "commercial vehicle" is hereby defined as any truck, bus, moving van, truck tractor or trailer, except pickup trucks no larger than three-quarter (¾) ton and vans licensed for passenger use, recreational use or licensed as a truck for no more than twelve thousand (12,000) pounds.
C. 
Penalty. Every person, firm or corporation convicted of violating the provisions of this Section shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that such violation shall continue shall be construed to be and shall be a separate and distinct offense under this Section and separate penalties and fines may be assessed therefor.

Section 355.110 Vehicles Stands and Selling From Parked Vehicle.

[Ord. No. 325 §93, 9-3-1968; Ord. No. 2254-04 §1, 3-16-2004]
A. 
No farmer, gardener or other persons selling or offering for sale from trucks, wagons, carts or other vehicles within the limits of the City any fruit, vegetables, butter, eggs, cheese, meats, game, poultry and foodstuff of any description shall stand with such trucks, wagons, carts or other vehicles for more than ten (10) minutes at any place on any public street or square.
B. 
No licensed hucksters', hawkers' or peddlers' vehicles shall be allowed to obstruct the passage of any street or alley or to stand for a longer time than provided herein.
C. 
It shall be unlawful for any person to park or keep a vehicle longer than ten (10) minutes in one (1) block for the purpose of selling merchandise contained in such vehicle.
D. 
It shall be unlawful for any person to park vehicles on any through street designated by the Board of Aldermen for the purpose of selling merchandise contained in such vehicle.

Section 355.120 Handicapped Parking.

[Ord. No. 1928-00 §1, 3-21-2000; Ord. No. 2254-04 §1, 3-16-2004]
A. 
Definitions. As used in this Section, the following terms shall mean:
PHYSICALLY DISABLED
Any natural person who has permanently lost the use of one (1) or both legs or one (1) or both arms or any combination thereof, any person who is so severely disabled so as to be unable to move freely without the aid of crutches, braces, walker, canes, leg prosthesis or wheelchair, or any person who suffers from lung disease to such an extent that his/her forced expiratory volume in one (1) second (FEV), when measured by spirometry, is less than one (1) liter or his/her arterial oxygen tension (Po2) is less than sixty (60) mm/hg on room air at rest, or any person who has a cardiac vascular disease so severe as to measure between 3-4 on the New York Heart Classification Scale, or any person with cardiac disease resulting in marked limitation of physical activity when such physical activity causes fatigue, palpitation, dyspnea or anginal pain.
PROPERLY MARKED AS RESERVED FOR DISABLED PARKING ONLY
Any parking space which is indicated by a sign upon which shall be inscribed the international symbol of accessibility in white on a blue background.
B. 
Parking In Handicapped Spaces Prohibited.
1. 
It shall be unlawful for any person to park or permit any person to remain in any parking space properly marked as reserved for handicapped unless such vehicle shall display a distinguishing license plate, placard or sticker.
2. 
It shall be unlawful for any person to permit any vehicle to block access to any parking space properly marked as reserved for the handicapped or block access in any manner to any ramp, entrance or stall designated for handicapped access or use.
C. 
Enforcement.
1. 
The violation detailed in Subsection (B) shall be applicable whether said violations occur on public or private property open to public use so long as the spaces are appropriately marked as handicapped spaces. City Police Officers are empowered to enter upon private property open to public use to enforce the provisions of this Section.
2. 
The registered owner of any motor vehicle found to be illegally parked in violation of Subsection (B) shall be deemed responsible for said violation.
D. 
Penalty. Any person violating the provisions of this Section shall upon conviction be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment.