Chapter
14
MOTOR VEHICLES AND TRAFFIC*
Art. I. In General, §§ 14‑1—14‑28
Art. II. Administration and Enforcement, §§ 14‑29—14‑139
Div.
1. Generally, §§ 14‑29—14‑52
Div. 2.
Traffic Engineer, §§ 14‑53—14‑84
Div. 3.
Enforcement, §§ 14‑85—14‑116
Div. 4.
Traffic Violations Bureau, §§ 14‑117—14‑139
Art. III. Operation, §§ 14‑140—14‑245
Div. 1.
Generally, §§ 14‑140—14‑176
Div. 2.
Speed, §§ 14‑177—14‑196
Div. 3.
Right‑of‑Way, §§ 14‑197—14‑219
Div. 4.
Turning Movements, §§ 14‑220—14‑245
Art. IV. Accidents,
§§ 14‑246—14‑272
Art. V. Traffic‑Control Devices, §§ 14‑273—14‑313
Art. VI. Parking,
§§ 14‑314—14‑351
Art. VII. Motor
Vehicles, §§ 14‑352—14‑390
Div. 1.
Generally, §§ 14‑352—14‑373
Div. 2.
Licenses, §§ 14‑374—14‑390
Art. VIII. Traffic
Schedules, §§ 14‑391—14‑405
ARTICLE
I. IN GENERAL
Sec. 14‑1.
Definitions.
As used in this chapter, the
following terms shall have the meanings ascribed to them:
All‑terrain
vehicle shall 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, travelling 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.
Alley or alleyway
shall mean any street with a roadway of less than twenty (20) feet in width.
Authorized
emergency vehicle shall mean 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.
Business
district shall mean 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 shall
mean all streets and portions of streets within the area described by city
ordinance as such.
Commercial
vehicle shall mean every vehicle
designed, maintained, or used primarily for the transportation of property.
Controlled
access highway shall mean 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 shall mean:
(a) That part of a roadway at an
intersection included within the connection 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.
(b) Any portion of a roadway at an
intersection or elsewhere distinctly indicated for pedestrian crossing by line
or other markings on the surface.
Curb
loading zone shall mean a space
adjacent to a curb reserved for the exclusive use of vehicles during the
loading or unloading of passengers or materials.
Drive or driving shall
mean physically driving or operating a motor vehicle.
Driver shall mean every person who drives or is in actual
physical control of a vehicle.
Freight
curb loading zone shall mean a space
adjacent to a curb for the exclusive use of vehicles during the loading or
unloading of freight or passengers.
Highway shall mean 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 shall mean:
(a) 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.
(b) 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.
Intoxicated condition shall describe a person’s condition when he
is under the influence of alcohol, a controlled substance, or drug or any
combination thereof.
Laned
roadway shall mean a roadway which is
divided into two (2) or more clearly marked lanes for vehicular traffic.
Motor
vehicle shall mean any self-propelled
vehicle not operated exclusively upon tracks, except farm tractors.
Motorcycle shall mean a motor vehicle operated on two (2)
wheels.
Motorized
bicycle shall mean 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 shall mean 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 shall
mean all signs, signals, markings and devices not inconsistent with this
chapter placed or erected by authority of the board of aldermen or the traffic
engineer for the purpose of regulating, warning or guiding traffic.
Operate or begin operating
means physically driving or operating a motor vehicle.
Park or parking
shall mean 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, except vehicles, or passengers.
Passenger
curb loading zone shall mean a place
adjacent to a curb reserved for the exclusive use of vehicles during the
loading or unloading of passengers.
Pedestrian shall mean any person afoot.
Police
officer shall mean every officer of
the city police department or any officer authorized to direct or regulate
traffic or to make arrests for violations of traffic regulations.
Private
road or driveway shall mean 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 shall mean a carrier of persons or property upon cars,
other than streetcars, operated upon stationary rails.
Railroad
train shall mean a steam engine,
electric or other motor, with or without cars coupled thereto, operated upon
rails, except streetcars.
Residence
district shall mean 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 shall mean the right of one 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 shall mean 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 shall mean 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 shall mean 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
shall mean 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 shall mean a highway
maintained by the state as a part of the state highway system.
Stop shall mean, when required, complete cessation from
movement.
Stop or stopping
shall mean, 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
shall mean 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.
Through
highway shall mean 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 the 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 chapter.
Traffic shall mean pedestrians, ridden or herded animals, vehicles,
streetcars and other conveyances either singly or together while using any
highway for purposes of travel.
Traffic‑control
signal shall mean any device, whether
manually, electrically or mechanically operated, by which traffic is
alternately directed to stop and to proceed.
Traffic
division shall mean 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 shall mean every device in, upon or by which any
person or property is or may be transported or drawn upon a highway, excepting
devices moved by human power or used exclusively upon stationary rails or
tracks.
(Ord.
No. 7811, §§1, 2, 10‑6‑88; Ord. No. 8794, §1, 2-18-99; Ord.
No. 8922, §1, 6-1-00)
State
law reference—For similar provisions,
see RSMo § 300.010.
Sec. 14‑2. Obedience to police officers and fire
department officials.
No
person shall willfully fail or refuse to comply with any lawful order or
direction of a police officer or fire department official.
State
law reference—For similar provisions,
see RSMo § 300.080.
Sec. 14‑3.
Conformance to law required of persons riding animals, propelling
pushcarts.
Each person propelling any
pushcart or riding an animal upon a roadway, and each person driving any
animal-drawn vehicle, shall be subject to the provisions of this chapter
applicable to the driver of any vehicle, except those provisions of this
chapter which by their very nature can have no application.
State
law reference—For similar provisions,
see RSMo § 300.085.
Sec. 14‑4.
Use of toy vehicles.
No person upon roller skates, or
riding in or by means of any coaster, toy vehicle, or similar device, shall go
upon any roadway except while crossing a street on a crosswalk and when so
crossing, such a person shall be granted all of the rights and shall be subject
to all of the duties applicable to pedestrians.
This section shall not apply upon any street while set aside as a play
street as authorized by this Code or other ordinances of the city.
State
law reference—Similar provisions, RSMo
§ 300.090.
Sec. 14-5.
Riding bicycle, coaster, toy vehicle or similar device on sidewalks.
(a) Prohibited within
business district. No person shall
ride a bicycle, coaster, toy vehicle or similar device upon a sidewalk within a
business district.
(b) Yielding right‑of
way to pedestrians audible signal required.
Whenever any person is riding a bicycle, coaster, toy vehicle or similar
device upon a sidewalk, such person shall yield the right-of-way to any
pedestrian and shall give audible signal before overtaking and passing any
pedestrian.
(c) Violation; penalties;
impoundment of bicycle, etc. Any
person violating the provisions of this section shall be subject to the penalty
provided in section 1‑8, except that in the event the person
violating the provisions of this section is, by reason of age, not subject to
the jurisdiction of the municipal court, the police officers of the city are
hereby authorized to impound the bicycle, coaster, toy vehicle or similar
device of such person and to retain possession of the bicycle, coaster, toy
vehicle or similar device until such time as the parent or guardian of the
violator shall appear at the police department and claim the bicycle, coaster,
toy vehicle or similar device. (Ord.
No. 7552, § 1, 7‑17‑86)
Sec. 14‑6.
Towing of toy vehicles, bicycles, etc.
No person riding upon any
bicycle, coaster, roller skates, sled or toy vehicle shall attach the vehicle
or himself to any other vehicle upon a roadway.
Cross
reference—Bicycles, Ch. 4˝.
State
law reference—Similar provisions, RSMo
§ 300.350.
Sec. 14‑7. Conformance to law required of public
employees.
The
provisions of this chapter shall apply to the driver of any vehicle owned by or
used in the service of the United States government, the state, the county, or
the city, and it shall be unlawful for any such driver to violate any of the
provisions of this chapter, except as otherwise permitted in this chapter.
State
law reference—Similar provisions, RSMo
§ 300.95.
Sec. 14‑8.
Opening vehicle doors.
No person shall open the door of
a motor vehicle on the side available to moving traffic unless and until it is
reasonably safe to do so, nor shall any person leave a door open on the side of
a motor vehicle available to moving traffic for a period of time longer than
necessary to load or unload passengers.
State
law reference—Similar provisions, RSMo
§ 300.340.
Sec. 14‑9.
Penalties for violation.
Any person violating the
provisions of any section of this chapter shall be subject to the penalty
provided in section 1‑8 of the Kirkwood Code of Ordinances, except that,
in the event the person violating the provisions of this chapter is, by reason
of age, not subject to the jurisdiction of the municipal court of the city, the
police officers of the city are hereby authorized to impound the bicycle,
coaster, toy vehicle, vehicle, motor vehicle, motorcycle, all‑terrain
vehicle or similar device of such person and to retain the possession of same
until such time as the parent or guardian of the violator shall appear at the
police department and claim the bicycle, coaster, toy vehicle, vehicle, motor
vehicle, motorcycle, all‑terrain vehicle or similar device. (Ord. No. 7811, § 3, 10‑6‑88)
Secs. 14‑10—14‑28. Reserved.
ARTICLE II. ADMINISTRATION AND ENFORCEMENT
DIVISION
1. GENERALLY
Sec. 14‑29.
Traffic division of police department established; composition.
There is established in the
police department a traffic division to be under the control of an officer of
police appointed by and directly responsible to the chief of police.
State
law reference—Similar provisions, RSMo
§ 300.015.
Sec. 14‑30.
Duties of traffic division.
The traffic division, with such
aid as may be rendered by other members of the police department, shall enforce
the provisions of this chapter and all of the state vehicle laws applicable to
street traffic in the city; make arrests for traffic violations; investigate
accidents; cooperate with the city traffic engineer and other officers of the
city in the administration of the traffic laws and in developing ways and means
to improve traffic conditions; and carry out those duties specially imposed
upon the division by this chapter and other traffic ordinances of the city.
State
law reference—For similar provisions,
see RSMo § 300.020.
Sec. 14‑31. Records of traffic violations: Required;
retention period; contents.
(a) The police department shall keep a record
of all violations of the provisions of this chapter or other traffic ordinances
of the city or of the state vehicle laws of which any person has been charged,
together with a record of the final disposition of all such alleged offenses. The record shall be so maintained as to show
all types of violations and the total of each.
The record shall accumulate during at least a five (5) year period and
from that time on the record shall be maintained complete for at least the most
recent five (5) year period.
(b) All forms for records of violations and notices of
violations shall be serially numbered.
For each month and year a written record shall be kept available to the
public showing the disposal of all such forms.
(c) All such records and reports shall be public records.
State
law reference—For similar provisions,
see )RSMo § 300.035.
Sec. 14‑32.
Drivers' files to be maintained; contents.
The police department or the
traffic division thereof shall maintain a suitable record of all traffic accidents,
warnings, arrests, convictions, and complaints reported for each driver, which
shall be filed alphabetically under the name of the driver concerned.
State
law reference—For similar provisions,
see RSMo § 300.045.
Sec. 14‑33. Traffic division to make annual report;
contents.
The traffic division shall
annually prepare a traffic report which shall be filed with the mayor. The report shall contain information on
traffic matters in the city as follows:
(a) The number of traffic accidents, the
number of persons killed, the number of persons injured, and other pertinent
traffic accident data.
(b) The number of traffic accidents
investigated and other pertinent data on the safety activities of the police.
(c) The plans and recommendations of the
division for future traffic safety activities.
State
law reference—For similar provisions,
see RSMo § 800.050.
Sec. 14‑34. Method of identifying funeral processions to
be prescribed.
The traffic division shall
designate a type of pennant or other identifying insignia to be displayed upon,
or other method to be employed to identify the vehicles in funeral processions.
State
law reference—For similar provisions,
see RSMo § 800.055.
Sec. 14‑35. Experimental traffic regulations; testing
traffic-control devices.
(a) The city traffic engineer is hereby empowered to make
regulations necessary to make effective the provisions of this chapter and
other traffic ordinances of the city and to make and enforce temporary or
experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulation
shall remain in effect for more than ninety (90) days.
(b) The city traffic engineer may test traffic‑control
devices under actual conditions of traffic.
State
law reference—For similar provisions,
see RSMo § 800.065.
Sec. 14‑36.
Reserved.
Editor's
note—Section 14.36, providing the
establishment, composition, duties and authority of the traffic commission, and
derived from provisions presumably adopted at the time of initial codification
of this Code, was repealed by § 1 of Ord. 7336, adopted April 4,
1985.
Sec. 14‑37. Authority to establish routes on which
operation of commercial vehicles restricted; erection of signs.
(a) In cases where an equally direct and convenient alternate
route is provided, the council may, by ordinance, prescribe, and signs may be
erected giving notice thereof, that no person shall operate any commercial
vehicle upon streets or parts of streets so described except those commercial
vehicles making deliveries thereon.
(b) The director of streets is hereby authorized and directed
to erect such signs as are necessary to give notice of the foregoing
restrictions.
(c) The following vehicles shall be considered commercial
vehicles for the purposes of this section:
(1) All vehicles, except camping
vehicles, that have dual rear wheels.
(2) All vehicles which have a dump‑type
bed.
(3) All motorized construction equipment.
(4) All vehicles that exceed ten (10)
feet in height.
(5) All trailers used to transport
equipment, or construction vehicles.
(Ord. No. 6514, § 2, 12‑20‑79; Ord. No. 7463, § 1,
2‑6‑86)
Editor's
note—Ord. No. 6514, § 2, adopted
Dec. 20, 1979, did not expressly amend this Code; hence, redesignation of
existing provisions of § 14‑37 as subsection (a) of said section and
inclusion of § 2 of Ord. No. 6514 as subsection (b) of said section is at
the discretion of the editor.
Cross
reference—Schedule of streets on which
operation of commercial vehicles restricted, § 14‑398.
State
law reference—Similar provisions, RSMo
§ 300.550.
Secs. 14‑38—14‑52. Reserved.
DIVISION
2. TRAFFIC ENGINEER
Sec. 14‑53. Office created; duties generally.
(a) The office of city traffic engineer is hereby
established. The city engineer or other
designated city official shall serve as traffic engineer in addition to his
other functions, and shall exercise the powers and duties with respect to
traffic as provided in this chapter.
(b) The traffic engineer shall determine the installation and
proper timing and maintenance of traffic‑control devices, conduct
engineering analyses of traffic accidents and devise remedial measures, conduct
engineering investigation of traffic conditions, plan the operation of traffic
on the streets and highways of the city, and cooperate with other city
officials in the development of ways and means to improve traffic conditions,
and carry out the additional powers and duties imposed by this Code and other
ordinances of the city.
State
law reference—Similar provisions, RSMo
§ 300.060.
Sec. 14‑54. Chief of police to be ex officio traffic
engineer.
The
chief of police shall be ex officio traffic engineer.
Sec. 14‑55. Duty to designate one‑way streets and
alleys.
Whenever any provision of this
Code or other city ordinance designates any one‑way street or alley, the
traffic engineer shall place and maintain signs giving notice thereof, and no
such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic
movement shall be placed at every intersection where movement of traffic in the
opposite direction is prohibited.
State
law reference—Similar provisions, RSMo
§ 300.240.
Sec. 14‑56. Authority to establish play streets; signs.
The traffic engineer shall have
the authority to declare any street or part thereof a play street and to place
appropriate signs or devices in the roadway indicating and helping to protect
the street.
State
law reference—Similar provisions, RSMo
§ 300.185.
Sec. 14‑57. Establishment of crosswalks and safety zones.
The traffic engineer is hereby
authorized:
(a) To designate and maintain, by
appropriate devices, marks, or lines upon the surface of the roadway,
crosswalks, at intersections where, in his opinion, there is particular danger
to pedestrians crossing the roadway, and at such other places as he may deem
necessary.
(b) To establish safety zones of such
kind and character and at such places as he may deem necessary for the
protection of pedestrians.
State
law reference—Similar provisions, RSMo
§ 300.195.
Sec. 14‑58. Establishment of traffic lanes; observance
required.
(a) The traffic engineer is hereby authorized to mark traffic
lanes upon the roadway of any street or highway where a regular alignment of
traffic is necessary.
(b) Driving Within
(c) Keeping to Right.
Upon any highway or roadway other than any one-way roadway, the driver
of a vehicle shall keep as near to the right-hand curb as practicable, except
when overtaking and passing another vehicle.
Such overtaking and passing shall be subject to the limitations
applicable by law to overtaking and passing.
The driver of a vehicle shall also proceed to the right of a traffic
island in the road unless signs designate otherwise. (Ord. No. 9497, § 1,
6-16-05)
State
law reference—Similar provisions, RSMo
§ 300.200.
Sec. 14‑59. Establishment of reversible lanes;
conformance required.
(a) The traffic engineer is hereby authorized
to determine and designate streets, parts of streets or specific lanes thereon
upon which vehicular traffic shall proceed in one (1) direction during one (1)
period and the opposite direction during another period of the day and shall
place and maintain appropriate markings, signs, barriers or other devices to
give notice thereof. The traffic
engineer may erect signs temporarily designating lanes to be used by traffic
moving in a particular direction, regardless of the center line of the roadway.
(b) it shall be unlawful for any person to operate any vehicle
in violation of any markings, signs, barriers or other devices placed in
accordance with this section.
State
law reference—Similar provisions, RSMo
§ 300.250.
Sec. 14‑59.1. Establishment of intersection markings.
(a) The traffic engineer of the city is hereby authorized to
place signs and pavement markings within or adjacent to intersections
indicating the course to be traveled by vehicles at such intersections.
(b) When authorized pavement markings or signs are placed
within an intersection or adjacent to an intersection indicating the course to
be traveled by turning vehicles, no driver of a vehicle shall disobey the
directions of the indications. (Ord. No.
7576, § 1, 10‑2‑86)
Editor's
note—Ordinance No. 7576, § 1,
adopted Oct. 2, 1986, amended Ch. 14 by adding thereto provisions
designated § 14‑385. For
classification purposes, the editor has redesignated such provisions as
§ 14‑59.1 to read as set out herein.
Sec. 14‑60. Timing of traffic signals to regulate speed.
The traffic engineer is
authorized to regulate the timing of traffic signals so as to permit the
movement of traffic in an orderly and safe manner at speeds slightly at
variance from the speeds otherwise applicable within the district or at
intersections and shall erect appropriate signs giving notice thereof.
State
law reference—Similar provisions, RSMo
§ 300.210.
Sec. 14‑61. Angle parking: establishment of zones; signs;
restrictions.
(a) The traffic engineer shall determine upon what streets
angle parking shall be permitted and shall mark or place signs on such streets,
but angle parking shall not be indicated upon any federal‑aid or state
highway within the city unless the state highway commission has determined by
resolution or order entered in its minutes that the roadway is of sufficient
width to permit angle parking without interfering with the free movement of
traffic.
(b) Angle parking shall not be indicated or permitted at any
place where passing traffic would thereby be caused or required to drive upon
the, left side of the street.
State
law reference—Similar provisions, RSMo
§ 300.420.
Sec. 14‑62. Establishment of no‑parking zones
adjacent to schools; signs.
The 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 the parking would, in his
opinion, interfere with traffic or create a hazardous situation.