HomeMy WebLinkAboutOrd.185.10-17-1984BILL NO. 84-94 ORDINANCE NO. t
AN ORDINANCE REPEALING CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI
AND ENACTING A NEW CHAPTER 26 PERTAINING TO THE
ADMINISTRATION OF TRAFFIC RULES AND REGULATIONS
AND THE OPERATION, PARKING, AND EQUIPMENT OF MOTOR
VEHICLES AND BICYCLES WITHIN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
SECTION 1. Chapter 26 of the Code of Ordinances of the City
of Cape Girardeau, Missouri pertaining to traffic is hereby
repealed in its entirety.
SECTION 2. The repeal of Chapter 26 provided for in Section
1 hereof shall not affect any offense or act committed or done or
any pernalty or forfeiture incurred before the effective date of
this ordinance.
SECTION 3. A new Chapter 26 of the Code of Ordinances of
the City of Cape Girardeau, Missouri, is hereby enacted to read
as follows
ARTICLE I. TRAFFIC ADMINISTRATION
A. Administrative Provisions
Sec. 26-1. Definitions.
The following words and phrases when used in this ordinance,
mean:
(1) "Alley or alleyway", any street with a roadway of less
than twenty feet in width;
(2) "Authorized emergency vehicle", a vehicle publicly or
privately 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, or traffic
officer;
(3) "Business district",. -the territory contiguous to and
including a highway when within any six hundred 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 feet of frontage on one side or three hundred
feet collectively on both sides of the highway;
(4) "Central business district"., all streets and portions
of streets within the area described by city ordinance as such;
(5) "Commercial vehicle", every vehicle designed, maintained,
or used primarily for the transportation of property, or more
than eight (S) passengers;
(6) "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;
(7) "Cross walk", (a) That part of a roadway at an inter-
section 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 traver-
sable roadway;
(b) Any portion of a roadway at an intersection or
elsewhere distinctly indicated for pedestrian crossing by lines
or other markings on the surface;
(8) "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;
(9) "Driver", every person who' drives or is in actual
physical control of a vehicle;
(10) "Freight curb loading zone", a space adjacent to a curb
for the exclusive use of vehicles during the ioading or unloading
of freight;
(11) "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;
(12) "Intersection.", (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
highways which join one another at, or approximately at, right
angles, or the area within which vehicles traveling upon dif-
ferent highways joining at any other angle may come in conflict;
(b) Where a highway includes two roadways thirty feet
or more apart, theta 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 roadways thirty feet or more apart, then every -crossing of
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a
two roadways of such highways shall be regarded as a separate
intersection;
(13) "Laned roadway", a roadway which is divided into two or
more clearly marked lanes for vehicular traffic;
(14) "Motor vehicle", any self-propelled vehicle not operated
exclusively upon tracks, except farm tractors;
(15 ) "Motorcycle", every motor vehicle having a. seat or
saddle for the use of the rider and designed to travel on not
more than three wheels in contact with the ground, but excluding
a tractor;
(15) "Official time standard", whenever certain hours are
named herein they shall mea.n standard time or daylight-saving
time as may be in current use in the city;
(17) "Official traffic control devices", all signs, signals,
markings and devices not inconsistent with this ordinance placed
or erected by authority of a public body or official having
jurisdiction, for the purpose of regulating, warning or guiding
traffic;
(18) "Operate", to be in actual physical control of a vehicle.
(19) "Operator", the driver, or the person who.is in actual
physical control of a vehicle.
(20) "Park or parking", the standing of a vehicle, when
unoccupied, otherwise than temporarily for the purpose of and
while actually engaged in loading or unloading merchandise or
passenger's;
(21) "Passenger curio loading zone", a place adjacent to a
curb reserved for the exclusive use of vehicles during the
loading or unloading of passengers'
(22) "Pedestrian", any person afoot;
(23) "Person", every natural person, firm, copartnership,
association or corporation;
(24). "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;
(25) "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;
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(25) "Railroad", a carrier of persons or property upon cars,
other than streetcars, operated upon stationary rails;
(27) "Railroad train", a steam engine, electric or other
motor, with or without cars coupled thereto, operated upon rails,
except streetcars'
(28) "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 feet or
more is in the main unproved with residences or residences and
buildings in use for business;
(29) "Right of way", 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;
(30) "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 or more separate
roadways the term. "roadway" as used herein shall refer to any
such roadway separately but not to all such roadways collectively;
(31) "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;
(32) "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;
(33) "Stand or standing", the halting of a vehicle, when
occupied, otherwise than for the purpose of and while actually
engaged in receiving or discharging passengers;
(34) "Stop", when required, complete cessation from movement;
(35) "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 signs
or signal;
(35) "Street or highway", the entire width between the
boundary lines of every way publicly maintained when any part
thereof is open to the uses of the public for purposes of ve-
hicular travel. "State highway", a highway maintained by the
state of Missouri as a part of the state highway system;
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(37) "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
ordinance;
(38) "Traffic", pedestrians, ridden or herded animals,
vehicles, streetcars and other conveyances either singly or
together while using any highway for purposes of travel;
(39) .".Traffic control signs", any.device,.whether manually...
electrically or mechanically operated, by which traffic is
alternately directed to stop and to proceed;
(44) "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;
(4.) "Vehicle", 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.
State law reference §300.010.RSMo.
Sec. 26-2. Police administration.
There is established in the police department of the city a.
traffic division to be under the control of an officer of the
police department appointed by and directly responsible to the
chief of police.
State law reference §300.015 RSMo.
Sec. 26-3. Duties of traffic division.
The traffic division with such aid as may be rendered by
other members of the police department .shall enforce the street
traffic regulations of the city and all of the state vehicle .laws
applicable to street traffic in the city, to make arrests for
traffic violations, to investigate accidents and to 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 to carry out those
duties specially imposed upon the division by this ordinance and
the traffic ordinances of the city.
State law reference 5300.020 RSMc.
OR
Sec. 26-4. Records of traffic. violations.
1. The police department or the traffic division thereof
shall keep a record of all violations of the traffic ordinances
of the city or of the state vehicle laws of which any person has
been charged. Such record shall be so maintained as to show all
types of violations and the total of each. Said record shall
accumulate during at least a five -.year period and from that time
on the record shall be maintained complete for at least the most
recent five-year period.
State law reference 9300.025 RSMo.
Sec. 26-5. Traffic division to investigate accidents.
It shall be the duty of 'the traffic division, assisted by
other police officers of the department, to investigate traffic
accidents, to arrest and to assist in the prosecution of those
persons charged with violations of law causing or contributing to
such accidents.
State lair reference §300.030 RSMo.
Sec. 26-6. Traffic accident studies.
Whenever the accidents at any particular location become
numerous, the traffic division shall cooperate with the city
traffic engineer in conducting studies of such accidents and
determining remedial measures.
State law reference 9300.035 RSMo.
Sec..26-7. Traffic accident reports.
The traffic division shall maintain a suitable system of
filing traffic accident reports. Accident reports or cards
referring to them shall- be filed alphabetically by Location.
Such reports shall be available for the use and information of
the city traffic engineer.
State law reference §300.040 RSMo.
Sec. 26-8. Traffic division to submit annual traffic
safety report.
The traffic division shall annually prepare a traffic report
which shall be filed with the city manager. Such report shall
contain information on traffic ratters in the city as follows:
[1] The number of traffic accidents, ,the number of persons
killed, the number of persons injured, and other pertinent traffic
accident data;
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(2) The number of traffic accidents investigated and other
pertinent data on the safety activities of the police;
(3) The plans and recommendations of the division for
future traffic safety activities.
State law reference 5300.050 RSMo.
Sec. 26-9. Traffic division to designate method of
identifying funeral processions.
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 §300 055 RSMO-
Sec. 26-10. City traffic engineer.
1. The City Manager shal appoint a city traffic engineer
who shall exercise the powers and duties with respect to
traffic as provided in this ordinance.
2. The city 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 ordinances of the city.
State law reference 5300.060 RS14o.
Sec. 26-11. Emergency and experimental regulations.
1. The City Manager, upon the recommendation of the Chief
of Police or city traffic engineer, is hereby empowered to make
regulations necessary to make effective the provisions of the
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
regulations shall remain in effect for more than ninety days.
2. The city traffic engineer may test traffic control
devices under actual conditions of traffic.
State law reference §300.065 RSMo.
sec. 26-12. Loading zones.
The City manager, upon the recommendation of the city
traffic engineer, shall have the authority to establish and
designate loading zones according to the rules and guidelines
listed in this section. For purposes of this section a loading
zone shall be defined as an area on a public street along a
curb so narked by a sign which shall indicate the time limit
for parking in the loading zone, and that vehicles may be
parked there for .leading and tin loading purposes only.
The rules and guidelines are:
1. Requests for loading zones shall be made to the city
manager and may be allowed only in commercially ("C")
zoned areas or industrial (-"M") zoned areas, except by
special permission of the city council in other areas.
2. Time limits for loading zones shall be set by the city
manager and shall_ not in any circumstance exceed one
M hour. If any individual exceeds the prescribed
time limit, this shall be a violation of this
subsection,
3. In determining whether or not a loading zone shall be
designated and established, the city manager small
consider the following:
a. The need of the business or businesses requesting
the loading zone, and the need for other
businesses in the area.
b. The traffic situation in the area with regard to
whether or not the requested loading zone would
create a nuisance or a hazard.
C. The need for general parking in the area in
regard to parking spaces lost in the event the
loading zone would be allowed.
4. The City Manager shall have the authority to designate
the types of vehicles that may be permitted to park in
a loading zone, and the types of freight or cargo that
may be loaded or unloaded.
sec. 26-13. Penalty for violations.
Violations of any section of this chapter shall be
punishable by a fine not exceeding five hundred dollars
($500.00), or by imprisonment for a period of time not
exceeding three (3) months, or both such fine and imprisonment,
except when a differing punishment is specifically provided for
in an individual section.
Secs. 26-14 through 26-18 reserved.
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B.. One -Way Streets and Alleys
Sec. 26-19. Authority to sign one -,ray streets and alleys.
Whenever any ordinance of the city as listed in Schedule J
designates any one-way street or alley the city 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 movements shall
be placed at every intersection where movement of traffic in the
opposite direction is prohibited.
St.a-te:law reference §30.0.240 RSMo.
Sec. 26-20. One-way streets and alleys.
Upon those streets and parts -of streets and in those alleys
described and designated by ordinance, vehicular traffic shall
move only in the indicated direction when signs indicating the
direction of traffic are erected and maintained at every inter-
section where movement in the opposite direction is prohibited.
State law reference 9300..245 RSMo.
Sec. 26-21. Display of Operators License Upon Request.
No person shall operate a motor vehicle unless that person
has in his possession a valid operators or chauffeurs license
issued under the laws of this state or of any state or country
where the person resides. Such license shall be displayed for
inspection upon demand by any police officer, highway patrol
officer, or any duly authorized peace officer of the City of Cape
Girardeau. The failure of any operator of a motor vehicle to
display such license upon demand by any duly authorized peace
officer shall be presumptive evidence that such -person is not a.
duly licensed chauffeur or motor vehicle operator.
State laza reference §302.181 RSMa.
Secs. 26-22 through 26-28 reserved.
C. Enforcement and Obedience to Traffic Regulations
Sec, 26-29. Authority of police and fire department officials.
1. It shall be the duty of the officers of the police
department or such .officers as are assigned by the chief of
police to enforce all street traffic laws of the city and all of
the state. vehicle laws applicable to street traffic in the city.
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2. Officers of the: police department or such .officers as
are assigned by the chief of police are hereby authorized -to
direct all traffic by voice, hand, or signal in conformance with
traffic laws; provided that, in the event of a fire or other
emergency or to expedite traffic or to safeguard pedestrians,
officers of the police department may direct traffic as condi-
tions may require notwithstanding the provisions of the traffic
laws.
3. Officers of the -fire department, when at the scene of a
fire, may direct or assist the police in directing traffic thereat
or in the immediate vicinity.
State lava reference §300.075 RSMo.
Sec. 26-30. Obedience to police 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 §300.080 RSMo.
Sec. 26-31. Persons propelling push .carts or riding animals
-to obey traffic regulations.
Every person propelling any push cart or riding an animal
upon a roadway, and every person driving any animal --drawn vehicle,
shall be subject to the provisions of this ordinance applicable
to the driver of any vehicle, except those provisions of this
ordinance which by their very nature can have no application.
State law reference 5300. 085 RSMo.
Sec. 26.-32. Public employees to obey traffic regulations.
The provisions of this ordinance shall apply to .the driver
of any vehicle owned by or used in the service of the United
States government.this state, county, or city, and it shall be
unlawful for any said driver ta. violate any of the provisions of
this ordinance, except -as otherwise permitted in this ordinance.
State -law reference §300.095 RSMo.
Sec. 26-33. Authorized emergency vehicles.
l: The driver of an authorized emergency vehicle, when
responding to an emergency call or when in the pursuit of an
actual or suspected violator of the law or when responding to but
not upon returning from a fire alarm, may exercise the privileges
set forth in this section, but subject to the conditions herein
stated.
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2. The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of
this ordinance;.
.(2.) Proceed past .a red or stop signal or stop sign,
but only after slowing down or stopping as may be necessary for
safe operation;
(3) Exceed the maximum speed limits so long as he does
not endanger life or property;
(4). Disregard regulations governing direction of
movement or turning in specified directions,- so long as he does
not endanger life or property.
3. The exemptions herein granted to an authorized emer-
gency vehicle shall apply only when the driver of any said
vehicle while in motion sounds audible signal by bell, siren, or
exhaust whistle, and when the: vehicle is equipped with and making
use of at least one lighted lamp displaying a red light visible
under normal atmospheric conditions from a distance of five
hundred feet to the front of such vehicle.
4. The foregoing provisions shall not relieve the driver
of an authorized emergency vehicle from the duty to drive with
due regard for the safety of all persons, nor shall such provi-
sions protect the driver from the consequences of his reckless
disregard for the safety of others.
State law reference §300.100 RSMo.
Sec. 26-34. Operation of. vehicles on approach of
authorized emergency vehicles.
1. Upon the immediate approach of an authorized emergency
vehicle making use of audible and visual signals meeting the
requirements of the laws. of this state:
(l.) The driver of every other vehicle shall yield the
right of way and shall immediately drive to a position parallel
to, and as close as possible to, the right-hand edge or curb of
the roadway clear of any intersection and shall stop and remain
in such position until the authorized emergency vehicle has
passed, except when otherwise directed by a police officer;
2. This section shall not operate to relieve the driver of
an authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons using the highway.
State law reference 5300.105 RSMo.
11.
Sec. 25--35. Immediate notice of accident.
The driver of a vehicle involved in an accident resulting in
injury to or death of any person or total damage to all property
to an extent of five hundred dollars or more.shall immediately by
the quickest means of communication give notice of such accident
to the police department if such accident occurs within the
city.
State law reference §300.110 RSMo.
Sec. 26.36. When driver. unable to report.
1. Whenever the driver of a vehicle is physically incap-
able of giving immediate notice of an accident as required in
Section 25--35 and there was another occupant in the vehicle at
the time of the accident capable of doing so, such occupant shall
give, or cause to be. given, the notice not given by the driver.
State law reference §300.120 RSMo.
Secs. 26-37 through 26-44, Reserved.
D. Traffic Control Devices
Sec. 25-.45. Authority to install traffic control devices.
A. The city traffic engineer shall place and maintain
traffic control signs, signals, and devices when and as required
under the traffic ordinances of the city to make effective the
provisions of said ordinances, and may place and maintain such
additional traffic control devices -as he may deem necessary to
regulate traffic. under the traffic ordinances of the city or
ander state law or to guide or warn traffic.
B. The city traffic engineer is authorized and directed to
cause signs bearing the words "stop" to be placed at -certain
intersections, described and set forth in Schedule C,.adopted and
incorporated by reference.
C. The city traffic engineer is authorized and directed to
cause signs bearing the word "yield" to be placed at certain
intersections, described and set forth in Schedule K, adopted and
incorporated by reference.
State law reference §300.130 RSMo.
Sec. 26-46. Manual and specifications for traffic control devices.
All traffic control signs, signals and devices shall, conform
to the manual and specifications approved by the state highway
12-.
commission or resolution adopted by the Legislative body of the
city. All signs or signals required hereunder for. a particular
purpose shall so far as practicable be uniform as to type and
location throughout the city. All traffic control devices so
erected and not inconsistent with the provisions of this ordi-
nance shall be official traffic control devices.
State law reference 5300.135 RSMo.
Sec. 25-47. Obedience to traffic control devices.
The driver of any vehicle shall obey the instructions of any
official traffic control device applicable thereto placed in
accordance with the provisions of this ordinance, unless other-
wise directed by a traffic or police officer, subject to the
exceptions granted the driver of an authorized emergency vehicle
in this ordinance.
State law reference §300.140 RSMo.
Sec. 26-48. When official traffic control devices required
for enforcement purposes.
No provisions of this ordinance for which official traffic
control devices are required shall be enforced against an alleged
violator if at the time and place of the alleged violation an
official device is not in proper position and sufficiently legible
to be seen by an ordinarily observant person. Whenever a par-
ticular section does not state that official traffic control
devices are required, such section shall be effective even though
no devices are erected or in place.
State law reference §300..145 RSMo.
Section 25-49. Official traffic control devices --
presumption of legality.
1. Whenever official traffic control devicesare placed in
position approximately conforming to the requirement of this
ordiznance, such devices shall, be presumed to have been so placed
by the official act or direction of lawful authority, unless the
contrary shall be established by competent evidence.
2. Any official traffic control device placed pursuant to
the provisions of this ordinance and purporting to conform to the
lawful requiremcnts pertaining to such devices shall be presumed
to comply with the requirements of this ordinance, unless the
contrary shall be established by competent evidence.
State law reference §300.150 RSMo.
13.
Sec. 26-50. Traffic -control intersections designated.
The intersections described -in Schedule H, adopted and
incorporated by reference, are designated traffic -control in-
tersections, ,and traffic -control signals are authorized and
directed to be insta.lied, maintained and operated at the in-
tersection designated.
Sec. 26-51. Traffic control signal legend.
Whenever traffic is controlled by traffic control signals
exhibiting different colored lights, car colored lighted arrows,
successively one .at..a time .or in combination, only the -colors .
green, red and yellow shall be used, except for special pedes-
trian signals carrying a word legend, and said lights shall
indicate. and apply to -drivers of vehicles and pedestrians as
follows:
I. Green indication;
(a.). Vehicular traffic facing a circular green signal
may proceed straight through or turn right or left unless a sign
at such place prohibits either such -turn. But -vehicular traffic,
including. vehicles turning right or left,. shall yield the right
of way to other vehicles and to pedestrians lawfully within the
intersection or in an adjacent cross walk at the time such signal
is exhibited;
(b) Vehicular traffic,facing a green arrow signal,
shown alone or in combination with another indication, may
cautiously enter the intersection only tomake the movement
indicated by such arrow, or such other movement as is permitted
by other indications shown at the same time. Such vehicular
traffic shall yield the right of way to pedestrians lawfully
within anadjacent cross walk and to other traffic lawfully using
the intersection;
(c) Unless otherwise .directed by a pedestrian control
signal as provided in Section 26-52,.pedestrians facing any green
signal, except when the sole green signal is a turn arrow, may
proceed across the roadway within any marked or unmarked cross'
walk.
2. Steady yellow indication:
(a) Vehicular traffic facing a steady yellow signal
shall stop before entering the cross walk on the near side of the
intersection, or, if none, then before entering the intersection,
but if such stop cannot be made in safety a.vehicle may be driven
cautiously through.the intersection.
14.
tb.7. Pedestrians facing a steady yellow signal, unless
otherwise directed by a pedestrian control signal as provided in
Section 26-52, are -thereby advised that there is insufficient
time to cross the roadway before a red indication is shown and no
pedestrian shall then start to cross the roadway.
3. Steady red indication:
(a.) Vehicular traffic facing a steady red signal alone
shall stop before entering the cross walk on the near side of the.
intersection or, if none, then before entering the intersection
and shall remain standing until a green indication.is.shown,
except as provided in paragraph (h,);
(b) The driver of a vehicle which is stopped as close
as practicable at the entrance to the crosswalk on the near side
of the intersection or, if none, then at the entrance to the
intersection in obedience to a red signal, may cautiously enter
the intersection to -make a right .turn but shall yield the right-
of-way to pedestrians and other traffic proceeding as directed by
the signal at the.intersection, except .that the state highway
commission with reference to an intersection, involving a state
highway, and local authorities with reference to. an Intcrsection
involving other highways under .their jurisdiction, may prohibit
any such right turn against a red signal at any intersection
where safety conditions so require, said prohibition shall be
effective when a sign is erected at such intersection giving
notice thereof;
(c) Unless otherwise directed by a pedestrian control
signal as provided in Section 26-52, pedestrians facing a steady
.red signal alone shall not enter the roadway.
4. In the event an official traffic control signal is
erected and maintained at a place .other than an intersection, the
provisions of .this section shall be applicable except as to those
provisions which by their nature can have no application. Any
step required shall be made at a sign or marking on the pavement
indicating where the stop shall be made, but in the absence of
any such sign or marking the stop shall be made at the signal.
State law reference §300.155 RSMo.
Sec. 26-52. Pedestrian control signals.
Whenever special pedestrian control, signals exhibiting the
words "Walk" or "Don't Walk" are in place .such signals shall
indicate as follows:
1. "Walk", pedestrians facing such signal may proceed
across the roadway in the direction of the signal and shall be
given the'ri.ght of way by the drivers of all vehicles;
15.
2. "Wait" or "don't walk", no pedestrian shall start to
cross the roadway in the direction of such signal, but any
pedestrian who has partially completed his crossing on the walk
signal shall proceed to a sidewalk or safety zone while the wait
signal is showing.
State law reference §300.160 RSMo.
Sec. 26-53. Flashing signal intersections designated.
The intersections described in Schedule Z, adopted and
incorporated by reference, are designated flashing signal in-
tersections and flashing signals are authorized and directed to
be installed, maintained and operated at the intersections
designated, with the color signals indicated.
Sec. 26-54. Flashing signals.
1. Whenever an illuminated flashing red or yellow signal
is used in a traffic sign or signal it shall require obedience by
vehicular traffic as follows:
(1) Flashing red (stop signal), when a red lens is
illuminated with rapid intermittent flashes, drivers of vehicles
shall stop before entering the nearest cross walk at an inter-
section or at a limit line when marked, or if none, then before
entering the intersection, and the right to proceed shall be
subject to the rules applicable after making a stop at a stop
sign;
(2) Flashing yellow (caution signal), when a yellow
lens is illuminated with rapid intermittent flashes, drivers of
vehicles may proceed through the intersection or past such signal
only with caution.
2. This section shall not apply at railroad grade crossings.
Conduct of drivers of vehicles approaching railroad grade crossings
shall be governed by the rules as set.forth in section 26-136 of
this chapter.
State law reference 5300.165 RSMo.
Sec. 26-55. Display of unauthorized signs, signals or markings.
No person shall place, maintain or display upon or in view
of any highway an unauthorized sign, signal, marking or device
which purports to be or is an imitation of or resembles an of-
ficial traffic control device or railroad sign or signal, or
which attempts to direct the movement of traffic, or which hides
from view or interferes with the effectiveness of any official
traffic control device or any railroad sign or signal.
State law reference 53.00.175 RSMo.
16.
Sec. 26-56. Interference with official traffic control
devices or railroad signs or signals.
N❑ person shall, without lawful authority, attempt to or in
fact alter, deface, injure, knock down or remove any official
traffic control device or any railroad sign or signal or any
inscription, shield or insignia thereon, or any other part
thereof.
State law reference 5300.18o RSMo.
Sec. 26-57. City traffic engineer to designate cross walks
and establish safety zones.
The city traffic engineer is hereby authorized:
1. To designate and maintain, by appropriate .devices,
marks, or lines upon the surface of the roadway, cross walks at
intersections where there is particular danger to pedestrians
crossing the roadway, and at such other places as is necessary;
2. To establish safety zones of such kind and character
and at such places as is necessary for the protection of pedes-
trians.
State law reference §300.195 RSMo.
Sec. 26-58. Traffic lanes.
1. The city 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.
2. Where such traffic lanes have been marked, it shall be
unlawful for the operator of any vehicle to fail or refuse to
keep such vehicle within the boundaries of any such lane except
when lawfully passing another vehicle or preparatory to making a
lawful turn movement.
State law reference §300.2.00 RSMo.
Secs. 26-59 through 26-74 reserved.
E. Procedure on Arrest
Sec. 26-75. Forms and records of traffic citations and arrests.
1. The municipal court shall provide books containing
uniform traffic tickets as prescribed by supreme court rule no.
37.46. Said books shall include serially numbered sets of cita-
tions in quadruplicate in the form prescribed by supreme court
rule.
17.
2.. The municipal court shall issue such books to the chief
of police or his duly authorized agent and shall maintain a
record of every book so issued and shall require a written
receipt for every such book.
3. The chief of police shall be responsible for the
issuance of such books to individual members of the police depart-
ment. The chief of police shall -require a written receipt for
every book so issued and shall maintain a record of every such
book and each set of citations contained therein.
State law reference 5300.575 RSMo.
Sec. 26-76. Procedure of police officers.
Except when authorized or directed under state law to im-
mediately take a person before the judge of the municipal court
for the violation of any traffic laws, a police officer who halts
a person for such violation other than for the purpose of giving
him a warning or warning notice and does not take such person
into custody under arrest, shall issue to him a uniform traffic
ticket which shall be proceeded upon in accordance with Supreme
Court Rule No. 37.
State law reference 9300.580 RSMo.
Sec. 26-77. Warning of arrest sent upon failure to appear.
If a violator of the restrictions on stopping, standing or
parking under the traffic laws or ordinances does not appear in
response to a traffic ticket affixed to such motor vehicle within
the period of seven days, the traffic violations bureau shall
send to the owner of the motor vehicle to which the traffic
ticket was affixed a letter informing him of the violation and
warning him that in the event such letter is disregarded for a
period of seven days a warrant of arrest may be issued.
State law reference §300.590 RSMo.
Secs. 26-78 through 26-82 reserved.
ARTICLE II. OPERATION OF VEHICLES
A. In General
Sec. 26-83. Driving on right of roadway required; exceptions;
placement of signs.
A. Two-lane streets, highways; exceptions. Upon all
public streets or highways of sufficient width a vehicle shall be
driven upon the right half of the roadway, except as follows:
MIN
I. When overtaking and passing another vehicle pro-
ceeding in the same direction under the rules governing such
movement;
2. When placing a vehicle in position for and when
such vehicle is lawfully making a left turn in compliance with
the provisions of this chapter;
3. When the right half of the roadway is closed to
traffic while under construction or repair;
4. Upon a roadway designated by markings or signs for
one-way traffic.
B. Divided roads, highways. It is unlawful to drive any
vehicle upon any highway or road which has been divided in two
(2) or more roadways by means of a physical barrier or by means
of a dividing section or delineated by curbs, lanes or other
markings on the roadway, except to the right of such barrier or
dividing section, .or to make any left turn or semi -circular or U-
turn on any such divided highway, except at a crosswalk or inter-
section.
C. Three -lane or more roadways; exceptions. Whenever any
roadway has been divided into three (3) or more clearly marked
lanes for traffic, the following rules in addition to all others
consistent herewith shall apply:
1. A vehicle shall be driven as nearly as practicable
entirely within a single lane and shall not be moved from such
lane until the driver has first ascertained that such movement
can be made with safety.
2. Upon a roadway which is divided .into three (3)
lanes a vehicle shall not be driven in the center lane, except
when overtaking and passing another vehicle where the roadway
ahead is clearly visible and such center lane is clear of traffic
within a safe distance, or in preparation for a left turn or
where such center lane is at the time allocated exclusively to
traffic moving in the direction the vehicle is proceeding and is
signposted to give notice of such allocation.
3. Upon all roadways any vehicle proceeding at less
than normal speed of traffic thereon shall be driven in the
right-hand lane for traffic or as close as practicable to the
right-hand edge or curb, except as otherwise provided in this
chapter.
4. Drivers of vehicles proceeding in opposite di-
rections shall pass each other to the right, and except when a
roadway has been divided into traffic lanes, each driver shall
give to the other at least one-half (1/2) of the main traveled
portion of the roadway whenever possible.
19.
D. Placement of signs. The police department or state
highway patrol may erect signs temporarily designating lanes to
be used by traffic moving In a particular direction, regardless
of the center line of the highway, and all members of the police
department and other peace officers may direct traffic in con-
formance with such signs. When authorized signs have been
erected designating off -center traffic lanes, no person shall
disobey the instructions given by such signs. The police de-
partment or street department or the Missouri State Highway
Patrol may erect signs temporarily prohibiting any traffic on a.
street, alley, thoroughfare, highway, or other public way in the
City of Cape Girardeau, Missouri. When such signs have been
erected to prohibit traffic on, along or over such street, alley,
thoroughfare, highway or other public way, a person shall not
disobey the instructions given by such signs.
State lana reference §304.015 RSMo.
Sec. 26-84. Passing regulations generally.
A. Vehicles proceeding in same direction. The following
rules shall govern the overtaking and passing of vehicles pro-
ceeding in the same direction, subject to the limitations and
exceptions hereinafter stated:
1. The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left thereon
at a safe distance and shall not again drive to the right side of
the roadway until safely clear of the overtaken vehicle.
2. Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall give way to
the right .in favor of the overtaking vehicle on audible signal
and shall not increase the speed of his vehicle until completely
passed by the overtaking vehicle.
B. Passing on right.. The driver of a motor vehicle may
overtake and pass to the right of another vehicle only under the
following conditions:
1. When the vehicle overtaken is making or about to
make a left turn.
2. Upon a.street with unobstructed. pavement of suf-
ficient width for two (2) or more lines of vehicles in each
direction.
3. Upon a one --way street.
4. The driver of a motor vehicle may overtake and
pass another vehicle upon the right only under the foregoing
conditions when such movement may be made in safety. 7n no event
shall such movement be made by driving off the paved or main
traveled portion of the roadway.
20.
5. The provisions of this section shall not relieve
the driver of a slow moving vehicle from the duty to drive as
closely as practicable.to the right-hand edge of the roadway.
C. Passing on left; when permitted. Except when a roadway
has been divided into three (3) traffic lanes, no vehicles shall
be driven to the left .side of the center line of a highway or
public road in overtaking and passing another vehicle proceeding
in the same direction unless such left side is clearly visible
and is free from oncoming traffic for a sufficient distance ahead
to permit such overtaking and passing to be completely made
without interfering with the safe operation of and vehicle
approaching from the opposite direction or any vehicle over-
taken.
D. Passing on Left;. when prohibited. No vehicle shall at
any time be driven to the left side of the roadway under the
following conditions:
1. When approaching the crest of a grade or upon a
curve of a roadway where the driver's view is obstructed within
such distance as to create a hazard in the event another vehicle
might approach from the opposite direction.
2. Upon approaching within one hundred (100) feet of
any bridge,.viad.uct, tunnel or when approaching within one hundred
(100) feet or at any intersection or railroad grade crossing.
State law reference §304.016 RSMo.
Sec. 26.-85. Following vehicle too closely prohibited; exception.
The driver of a vehicle shall not follow another vehicle
more closely than is reasonably safe and prudent, having due
regard for the speed of such vehicle and the traffic upon and the
condition of, the roadway. Evidence that a vehicle collided with
a preceding vehicle which had lawfully stopped or slowed shall be
prima facie evidence that the following vehicle was being operated
more closely to the precedingvehicle than was reasonably safe
and prudent. Vehicles driven upon any roadway outside of a
business or residence district in a caravan or motorcade, whether
or not towing other vehicles, shall be so operated, except in a
funeral procession or in a duly authorized parade, so as to allow
sufficient space between each such vehicle or combination of
vehicles as to enable any other vehicle to overtake or pass such
vehicles in safety.
State law reference §304.017 RSMo.
Sec. 26-86. Turn requirements. generally; authority of
highway commission.
A. Intersections. The driver of a vehicle intending to
turn at an intersection shall do so as follows:
21.
1. Both the approach for a right turn and while
making a right turn, shall be made from that portion of the
roadway as close as practicable to the right-hand curb or edge of
the street.
2. Approach.for a left turn shall be made in the
portion of the right half of the roadway nearest the center line
thereof and after entering the intersection, the left turn shall
be made so as to leave the intersection to the right of the
center line of the roadway being entered, unless otherwise
directed by markers, buttons, signs or markings.
3. Turns from one-way streets shall be made from the
right side of the street for right turn and from the left side of
the street for left turn.
B. U-turn generally. It shall be unlawful for the driver
of any vehicle to turn such vehicle so as to proceed in the
opposite direction at any intersection controlled by a traffic
signal or police officer; nor shall such be made at any place
unless the movement can be made in safety and without interfering
with other traffic. The driver of a vehicle shall not turn such
vehicle around so as to proceed in the opposite direction upon
any curve or upon the approach to or near the crest of a grade,
or at any place upon a roadway where such vehicle cannot be seen
by the driver of any other vehicle approaching from either
direction along the roadway within a distance of three hundred
(300) feet, or where the same may create a traffic hazard.
D. Authority of City. Traffic Engineer. The city traffic
engineer may, by placing markers, buttons, .signs or markings
within or adjacent to intersections, require and direct that a
different course from that prescribed in this section to be
traveled by vehicles turning, and when markers, buttons, signs or
markings are so placed no driver of a vehicle shall make a turn
other than as directed and required by such markers, buttons,
signs or markings.
State law reference §300..220 RSMo; 5300.215 RSMo.
Sec. 26-87. Prohibited turns.
Whenever right or left or U-turns are prohibited at the
intersections designated by Schedule 0, adopted and incorporated
by reference, no vehicle driver shall turn in violation of said
prohibition.
Sec. 2688. Hand and turn signals generally.
No person shall stop or suddenly decrease the speed of or
turn a vehicle from a direct course or move right or left upon a
roadway unless and until such movement can be made with reason-
able safety and then only after the giving of an.appropriate
signal in the manner provided herein:
22.
A. Stopping or slowing speed. An operator or driver when
stopping, or checking the .speed of his vehicle,.if.the movement
of other vehicles may be affected by such slowing of speed, -shall
extend his arm at an angle below horizontal so that the same may
be seen in the rear of his vehicle.
S. Right turns. An operator or driver intending to turn
his vehicle to the right shall extend his arm at an angle above
horizontal so that the same may be seen in front of and in the
rear of his vehicle, and shall slow down and approach the inter-
secting street as near as practicable to the right .side of the
street along which he is proceeding before turning.
C. Left turns. An operator or driver intending to turn
his vehicle to the left shall extend his arm in a horizontal
position so that the same may be seen in the rear of his vehicle,
and shall slow .down and approach the intersecting street .so that
the left .side of his vehicle shall be as near as practicable to
the center line of the street along which he is proceeding.
D. The signs herein required shall be given either by
means of the hand and arm or by a signal light or signal device
in good mechanical condition, however, when a vehicle is so
constructed or loaded that a hand and arm signal would not be
visible both to the front and rear of such vehicle then such
signals shall be given by such light or device. A vehicle shall
be considered as so constructed or loaded that a hand and arm
signal would not be visible both to the front and rear- when the
distance from the center of the top of the steering post to. the
left outside limit of the body, cab, or load exceeds twenty-four
(24) inches, or when the distance from the center of the top of
the steering post .to the rear limit of the body or load thereon
exceeds fourteen (14) feet,. which limit .of fourteen (1.4) feet
shail apply to single vehicles or combination of vehicles. The
provisions of this section shall not apply to any trailer which
does not interfere with'a clear view of the hand signals of the
operator or of the signalling device upon the vehicle pulling
said trailer; provided further,.that the provision of this section
as far as mechanical devices. on vehicles so constructed that .a.
hand and arm signal would not be visible both to the front and
rear of such vehicle as above provided, shall only be applicable
to new vehicles registered within this state after the first day
of January 1954.
State law reference 5304.-019 RSMo.
Sec. 26-89. Right-of-way at intersections; requirements
generally.
A_ Approaching intersection that other vehicle has entered.
The driver of a vehicle approaching an intersection shall yield
the right--of--way to a vehicle which has entered the intersection
WIF
from a different street, or is approaching so closely thereto as
to constitute an immediate hazard, where there is no form of
traffic -control at such intersection.
B. Two vehicles entering at same time. When two (2)
vehicles enter an intersection from different streets -at ap-
proximately the same time, .the driver of the vehicle on the left
shall yield the right-of-way to. the driver of the vehicle on the
right. This subsection shall not apply to vehicles approaching
each other from opposite directions.when the driver of one of
such vehicles is attempting to or is making a left turn.
C. Left turns. The driver of a vehicle within an inter-
section intending to turn to the left shall yield the right-of-
way to any vehicle approaching from the opposite direction which
is within the intersection or so close thereto as to constitute
an immediate. hazard.
D. Entering from alley, private road or driveway. The
driver of a vehicle about to enter or cross a street from an
alley or any private road or driveway shall yield the right--of-
way to all vehicles approaching on the street.
E. Left into alley, private road or driveway. The driver
of a vehicle intending to make a left turn into an alley, private
road or driveway shall yield the right-of-way to any vehicle
approaching from the opposite direction when the making of such
left turn would create a traffic hazard.
F. Approaching "T" intersection. The driver of a vehicle
approaching a "T" intersection on that street which dead ends
into the street which goes through, shall yield the right-of-way
to other vehicles which have entered the intersection or which
are approaching so closely thereto as to constitute an immediate
hazard.
State law reference §304.02.1 RSMo.
Sec. 26-90. Unlawful to start vehicle until movement
can.be made safely.
.No person shall move a vehicle which is stopped, standing or
parked, unless and until such movement can be made with reason-
able safety.
Sec. 26-91. Vehicles likely to spill contents prohibited.
No person shall drive an overloaded vehicle or one loaded in
such manner that any part of the load is .likely to fall upon and
litter any street, or cause injury or grief to persons or damage
to other vehicles, nor shall he permit .any part, portion or the
whole of such load to fall upon and to remain upon the street.
2d_.
Sec. 26-92.. Vehicles carving contents emitting offensive
odor; parking restrictions.
It shall be unlawful for any person driving a motor vehicle
carrying livestock, garbage,.carrion,.fecal matter or any odori-
ferous cargo, which may be declared a public nuisance detrimental
to public health and welfare to park the same within two hundred
(200) feet .of any residence or business establishment (except for
loading and unloading purposes and then not exceeding thirty
minutes) at any area or place in this city. It shall further be
unlawful to park such motor vehicle, empty, which has been haul-
ing or contains such described odoriferous matter which may
likewise be classed as a nuisance within two hundred (200) feet
of any residence or business establishment in this city,.until
the same has been thoroughly cleaned and disinfected according to
the orders of health officials.
Sec. 26-93. Same --Equipment requirements.
All vehicles used in the transportation of the bodies of
dead animals .shall have a tank of metal lining in the bed of such
vehicle, so that no drippings or seepage from dead bodies shall
escape from such vehicle while engaged in such transportation,
and every vehicle shall have a bed of such depth and type of
construction and equipment that any dead bodies therein shall be
completely hidden from view of persons using the streets, and any
public nuisance obviated while being transported.
Sec. 25-94. Opening doors of motor vehicles on moving
traffic side; requirements.
No person shall open the door of a motor vehicle on the side
available to moving traffic unless and until it is rea..sonably
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.
Sec. 26-95. School buses --Duty of driver upon meeting or
overtaking stopped bus.
The driver of a vehicle upon a street of the city, upon
meeting or overtaking from either direction any school bus which
has stopped on the street for the purpose of receiving or dis-
charging any school children and whose driver has in the manner
prescribed by this chapter given the signal to stop, shall stop
the vehicle before reaching such school bus and shall not proceed
until such school bus resumes motion, or until signalled by its
driver to proceed.
State law reference §304.050(.1.) RSMo.
WIM
Sec. 2596. Same ®Signs-, signalling devices; when required.
A. Every bus used for the transportation of school children
upon.the streets of the city shall bear upon the front and rear
thereon a plainly visible sign containing the words "School Bus"
in letters not less than eight (8) inche-s in heights Each bus
shall have on the rear in plain and distinct type the following:
"Stop while bus is loading and unloading." Each school bus
subject to the provisions of this chapter shall be equipped with
a mechanical or electrical signalling device, which will display
a signal plainly visible from the front and rear indicating
intention to stop, and when such bus is stopped for the purpose
of receiving or discharging any school children the driver there-
of shall give such signal.
B. Any motor vehicle which is not regularly being operated
by a school district or under contract with a school district or
by private schools for the transportation of school children
shall not bear signs indicating that it is a school bus. When
any person operating a school bus under contract with a school
district, uses it for purposes other than for the transportation
of school children, he shall cover the signs thereon in such
manner that it will not appear on the streets as a school bus.
State law reference S 304.505(2) RSMo.
Secs. 26-97 through 26-104 reserved.
B. Speed Regulations
Sec. 25-105. Driving vehicle too slowly.
No person shall drivea motor vehicle at such a slow speed
as to impede, congest or block the normal and reasonable movement
of traffic, except when reduced speed is necessary for safe
operation or in compliance with the law.
State law reference §304.011 RSMo.
Sec. 26-105. Exceeding established speed limits, prohibited.
On those public streets, alleys or portions thereof set
forth in Schedule A, adopted and incorporated by reference, no
person shall operate a vehicie in excess of the speeds described
and set forth therein.
Secs. 26-107 through 26 -110 -reserved.
ARTICLE III. STOPPING, STANDING AND PARKING.
A. In General
Seco 26-11.1. Prohibited parking areas; designated,
placement of signs.
A. Designated. No person shall stop, stand, or park a
vehicle, except when necessary to avoid conflict with other
traffic or in compliance with the law or the direction of a
police officer or traffic -control devices in any -of the. following
places, whether signposted or marked or not.
1. On a sidewalk;
2. In front of a public or private driveway;
3. Within an intersection;
4. Within fifteen (15) feet of a fire hydrant;
5. On a crosswalk;
6. Within twenty (20) feet of a crosswalk at an
intersection;
7. Within thirty (30) feet upon the approach'to any
flashing beacon, stop sign or traffic control signal, unless the
traffic authority shall indicate a different length by signs or
markings;
8. Between a safety zone and the adjacent curb or
within thirty (30) feet of points on the curb immediately op-
posite the ends of a safety zone, .unless the traffic authority
shall indicate a different length by signs or markings;
9. Within fifty (5.0) feet of the nearest rail of a
railroad crossing;
l0q Within twenty (20)_feetin either direction 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 or
marked;
11. Along or Opposite any street excavation or obstruc-
tion when stopping, standing or parking would obstruct traffic;
12. On the roadway side of any vehicle stopped or
parked at the edge or curb of a street or highway;
27.
13. upon any bridge or other elevated substructure
upon a highway or within a highway tunnel;
14. At any place where official signs prohibit stopping,
standing or parking.
15. Within ten (10) feet in each direction from any
mailbox.
16. Within three (3) feet of a commercial, industrial
or private residential driveway entrance; or within eight (8)
feet of the entrance to any alley.
17. Within twenty (20) feet of any intersection of two
or more streets.
S. Placement of signs, markings, etc. The traffic engineer
of the city or other duly authorized agencies and their employees
of the city shall be authorized to establish with signs, markings
or by painted lines or by any appropriate guideline the necessary
markings or traffic -control devices on all places designated in
paragraphs 1 through 17 as set out herein.
Sec_ 26-112. No parking zones; obedience to signs required;
placement of signs.
A. When markings or signs are placed giving notice thereof,
no person shall stop or park a vehicle at any time in any "No
Parking" zone described in Schedule B, adopted and incorporated
by reference.
B. The city traffic engineer is hereby authorized and
directed to designate the "No Parking" zones by painted lanes or
curbs, signs or appropriate means.
Sec. 26-113. Limited parking.
A. No person shall stop, stand, or park a vehicle upon any
of the streets described in Schedule "P", adopted and incorpora-
ted by reference, between the hours specified therein.
B. No person shall stop, stand or park a. vehicle for
longer than thirty (30) minutes.within the zones described in
Schedule "R", adopted and incorporated by reference,, between the
hours specified therein.
C: The city traffic engineer is hereby authorized and
directed to designate the limited parking zones by painted lanes,
signs or appropriate means.
Sec. 26-114. Two-hour parking zones; obedience to signs
required; placement of signs.
A. No person shall stop,.stand, or park a. vehicle for
longer than two (2) hours within the zones described in Schedule
G, adopted and incorporated by reference.
KRIM
R. The city traffic engineer is hereby autho-rized and
directed to designate the two-hour parking zones by painted
lanes,.signs or other appropriate means.
Sec. 26-115. Parking on roadways,.streets, one-way streets.
A. Except as otherwise .provided in this chapter, every
vehicle stopped or parked upon any roadway or street where there
are adjacent curbs shall be stopped or parked with the .right-hand
wheels of such vehicle parallel to and within eighteen (1.8)
inches of the right-hand curb. On one-way streets, vehicles may
be similarly parked with the left side near the left --hand curb.
B. Except as otherwise provided in this chapter, an streets
where curbs do not exist,.stopping or parking of vehicles shall
be completed in such manner as to. leave the left-hand wheels of
such vehicle parallel to, and at least twelve (12) inches to the
right of the.paved roadway. on one-way streets where curbs do
not exist, vehicles may be similarly parked with the right --hand
wheels parallel to,,and at least .twelve (12) inches to the left
side of the roadway.
C. The provisions of this section shall be applicable on
all streets, whether signposted or marked, or not.
Sec. 26-il6. Parking for certain purposes prohibited.
No person shall park any type of vehicle or movable object
on any highway, street or alley for the -principal purpose of
displaying such vehicle or movable object for sale; or washing,
greasing or repairing such vehicle or movable object except
repairs necessitated by an emergency mechanical failure.
Sec. 26-117. Parking in alleys.
It shall be unlawful for any person to park or stand a motor
vehicle in any public alley so as to block the.frce movement of
truck or passenger traffic through the alley, except a motor
vehicle may be parked for a reasonable time when delivering
merchandise or supplies to a merchant or customer.
Sec. 25--118. Leaving vehicle unattended; parking on grade;
duties of operator.
No person having control or charge of a motor vehicle shall
allow such vehicle to stand on any street unattended without
first setting the brakes thereon and stopping the motor of the
vehicle and, when standing upon a perceptible grade, without
turning the wheels of such vehicle to the curb or the side of the
roadway.
29.
Sec. 26--119. Owner liable for violations of provisions when
operator identity unknown.
If any vehicle is found upon a street in violation of any
provision of this article regulating the stopping, standing or
parking of vehicles and the identity of the operator cannot be
determined, the owner, or person in whose name such vehicle is
registered shall be held prima facie responsible for such violation.
Sec. 26--120.. Hazardous,.congested places; authority of police
department; signs required.
When markings or signs are placed giving notice thereof, no
person shall stop or park a vehicle on any alley, street or
highway at any place where such stopping or parking is dangerous
to others using said alley, street or highway or where .such
stopping or parking would unduly interfere with the unobstructed
movement of traffic thereon. The city traffic engineer is hereby
authorized and directed to designate such places by painted
lines, signs or other appropriate means.
Sec. 26-121. Trucks; parking regulations generally.
It .shall be unlawful for any person to stand or park a truck
tractor,-or trailer, semi-trailer- or pole trailer having a length
in excess of twenty (20). feet, or any truck having a load capacity
of one and one-half (1 1/23 tons or more on any street of the
city, between the hours of 6:00 p.m. and 6:00 a.m., for a period
of more than one hour.
Sec. 26.122. One-hour parking zones; obedience to signs
required; placement of signs.
A. When markings or signs are placed giving notice thereof,
no person shall park or stop a vehicle for longer than one hour
during the times indicated in any parking space described in
Schedule N, adopted and incorporated by reference.
B. The city traffic engineer is hereby authorized and
directed to designate the one-hour parking zones by painted
lanes, signs or other appropriate means.
Sec. 26-123. Restricted parking at the municipal airport.
A. No person shall stop, stand, or park a vehicle at the
Cape Girardeau Municipal Airport Parking Lot except in the rows
of parking lanes designated by. Schedule "Q", adopted and incor-
porated by reference, nor shall anyone stop, stand or park a
vehicle in any parking lane unless such use is consistent with
the restrictions described, in Schedule "Q", nor shall anyone
stop,.stand or park a vehicle in a public limited time parking
30.
lane for a period of time in excess of that authorized by
Schedule "Q". Violation of this section will result in
immediate towing and storage of the subject vehicle in addition
to the ordinary penalties assessed for ordinance violations.
B. The city traffic engineer is hereby authorized and
directed to designate: the restricted parking zones by painted
lanes, signs or appropriate means.
Sec. 26-124. Obstruction of traffic.
Parking, starting, stopping, standing and the manner of
operating a vehicle, shall be performed in such manner as to
permit a clear, free and unimpeded freeway, travelway or
throughway on all roadways and alleys within the city.
Sec. 26-125. Handicapped Parking.
whenever a parking space in a parking area or facility that
is available for public use is clearly marked by sign or symbol
as being reserved for handicapped parking it shall be unlawful
to park or stand any motor vehicle in such space unless such
motor vehicle displays a distinguishing license plate or
placard issued pursuant to Section 301.071 or Section 301.141
RSM0.
Sec. 26-126. Penalties.
A. Any person accused of violating Section 26-113, 26-114
or 25-122, upon entering a plea of guilty, shall pay a fine
according to the following schedule:
1. Two dollars ($2.00) if paid within seven (7) days
following the violation.
2, Five dollars ($5,00) if paid more than seven (7) days
but within thirty (30) days following the violation.
3. Ten dollars ($10.00) if paid more than thirty (30)
days following the violation.
B. Any person accused of violating Section 26-11.1,
26-112, 26-115, 26-116, 26-117, 26-118, 26-120, 25-121, 26-123,
26-124 or 26-125, upon entering a plea of guilty, shall pay a
fine according to the following schedule:
1. `fen dollars ($10,00) if paid within seven (7) days
fallowing the violation.
HE
2. Fifteen dollars ($15.00) if paid more than seven (7)
days following the violation.
Secs, 26-127 through 26-129 reserved.
ARTICLE TV, SWOP AND YIELD INTERSECTIONS,
RAILROAD CROSSINGS, ETC.
Sec. 26--130. Through streets designated.
Those streets and parts of streets described by city
ordinances and set out in Schedule D are declared to he through
streets for the purposes of sections 26-130 to 26--137.
State law reference Sec. 300.255 RSMo.
Sec. 26-131. Signs required at through streets
Whenever any ordinance of the city designates and describes
a through street it shall be the duty of the city traffic
engineer to place and maintain a stop sign, on each and every
street intersecting such through street unless traffic at any
such intersection is controlled at all times by traffic control
signs.
State lata reference Sec. 300.260 RSMo.
31a .
Sec. 26-132.. Stop signs --Obedience required; penalty for
failure to obey.
A. Every driver of a. vehicle approaching a stop intersec-
tion indicated by a stop sign shall stop before entering the
cross walk on the near side of the intersection or, in the event
there is no cross walk, shall stop at a clearly marked stop line,
but if none, then at the point nearest the intersecting roadway
where the driver has a view of approaching traffic on the inter-
secting roadway before entering the intersection.
B. School, church,.pedestrian crossings. Where school,
church or pedestrian crossing stop signs or markings are in place
and clearly visible to the driver, every driver of a vehicle
shall come to a complete stop.
C. School, church zone signs, markings or devices.. Where
school or church zone signs, markings or devices are posted,
erected or marked, every person driving a vehicle shall slow down
observing all regulations relating to pedestrian traffic.
D. When major streets running north and south intersect
with major streets running east and west, the traffic engineer is
authorized and directed to erect signs bearing the word "stop" at
the corners of such intersections, as described in Schedule- E,
adopted and incorporated by reference.
Sec. 26-133. Vehicle entering stop intersection.
Except when directed to proceed by a police officer or
traffic control signal, every driver of a vehicle approaching a
stop intersection indicated by a stop sign shall stop as required
by subsection A of section 26-132, and after having stopped shall
yield the right of way to any vehicle which has entered the
intersection from another highway or which is approaching so
closely on said highway as to constitute an immediate hazard
during the time when such driver is moving across or within the
intersection.
State law reference §340.275 RSMo.
Sec. 26-134. Vehicle entering yield intersection.
The driver of a vehicle approaching a yield sign shall.in
obedience to such sign,.slow down to a speed reasonable for the
existing conditions or shall stop, and shall yield the right of
way to any vehicle in the intersection or approaching on another
highway so closely as to constitute an immediate hazard. If a
driver' approaching a yield sign is involved in a collison with a
vehicle in the intersection, after. driving past a yield sign
without stopping,.such collision shall be deemed prima facie
32..
evidence of his failure to yield right of way.
State. law reference §3,00.280 RSMo.
Sec. 26-135. Emerging from a.liey., driveway or building.
The driver of a vehicle within a business or residence
district emerging from an alley►. dr.iveway or building shall stop
such vehicle immediately prior to driving onto a sidewalk or onto
the sidewalk area extending across any alleyway or driveway, and
shall yield the right of way to any pedestrian as may be necessary
to avoid coilison.
State law reference 5300..285 RSMo.
Sec. 26--136. Obedience to signal indicating approach of train.
i. Whenever any person driving a vehicle approaches a
railroad grade crossing underany of the circumstances stated in
this section, the driver. of such vehicle shall stop within fifty
feet but not less than fifteen -feet from the nearest rail of such
railroad, and shall not .proceed until he can do so safely. The
foregoing requirements shall apply when:
1. A clearly visible electric or mechanical signal
device gives warning of the.immediate approach of a railroad
train;
2. A crossing gate .is lowered or when a human flagman
gives or continues to give a signal of the approach or passage of
a railroad train;
3. An approaching railroad train is plainly visible
and is in hazardous proximity to such crossing.
2. No person shall drive. any vehicle through, around or
under any crossing gate or barrier at a railroad crossing while
such gate or barrier is closed or is being opened or closed.
State law reference 9300.295 RSMo.
Secs. 26-137 through 26-144 reserved.
ARTICLE V. PEDESTRIAN RIGHTS AND DUTIES
Sec. 26-1.45.. Pedestrians subject to traffic control devices.
Pedestrians shall be subject to traffic control signals as
heretofore declared .in sections 26-45 to 26--52 of this chapter,
but at all other. places pedestrians shall be'granted those rights
and be subject to the restrictions stated in sections 26-145 to
26-152.
State law reference 93.00.370 RSMo.
33.
Sec. 26-146. Pedestrians' right of way in cross walks.
1. When traffic control signals are not in place or not in
operation the driver of a vehicle shall yield the right of way,
slowing down or stopping it -need be to so yield, .to a pedestrian
crossing the roadway within a cross walk when the pedestrian is
upon the half of the roadway upon which the vehicle is traveling,
or when the pedestrian is approaching so closely from the opposite
half of the roadway as to be in danger.
2. No pedestrian shall suddenly leave a curb or other
place of safety and walk or run into the path of a vehicle which
is so close that it is impossible for the driver to yield.
3. Subsection l shall not apply under the conditions
stated in subsection 2 of section 26-149.
4. Whenever any vehicle is stopped at a marked cross walk
or at any. unmarked cross walk at an intersection to permit a
pedestrian to cross the roadway, thedriver of any other vehicle
approaching from the rear shall not .overtake and pass such .stopped
vehicle.
State law reference 5300.375 RSMo.
Sec..26-147. Pedestrians to use right half of cross walks.
Pedestrians shall move, whenever practicable, upon the right
half of cross walks.
State law reference §300.38.0 RSMo.
Sec. 26-148. Crossing at right angles.
No pedestrian shall cross a roadway at any place other than
by a route .at right angles to the .curb or by the shortest route
to the opposite curb except in a cross walk.
State law reference 9300.385 RSMo.
Sec. 26-149. When pedestrian shall yield.
I. Every pedestrian crossing a roadway at any point other
than within a marked cross walk or within an unmarked cross walk
at an intersection shall yield the right of way to all vehicles
upon the roadway.
2. Any pedestrian crossing a roadway at a point where a
pedestrian tunnel or overhead pedestrian crossing has been pro-
vided shall y.iel.d the right. of way to all vehicles upon the
roadway.
3. The foregoing rules in this section have no application
under the conditions stated in section 26-150 when pedestrians
are prohibited from crossing at certain designated places.
State law reference 5300.390 RSMo.
MAI
Sec. 26-154. Prohibited crossing.
1. Between adjacent intersections at which traffic control
signals are in operation, pedestrians shall not cross at any
place except in a cross walk.
2. No pedestrian shall cross a roadway other than in a
cross walk in any business district.
3. No pedestrian shall cross a roadway other than in a
cross walk upon any street designated by ordinance.
4. No pedestrian shall cross a roadway intersection di-
agonally unless authorized by official traffic control devices;
and, when authorized to cross diagonally, pedestrians shall cross
only in accordance with the official traffic control devices
pertaining to such crossing movements.
State law reference §300.395 RSMo.
Sec. 26-151. Obedience of pedestrians to bridge and
railroad signals-.
No pedestrian shall pass through, around, over,.or under any
crossing gate or barrier at a railroad grade crossing or bridge
while such gate or barrier is closed or is being opened or closed.
Sec. 26-152. Pedestrians walking along roadways.
1. Where sidewalks are provided it shall be unlawful for
any pedestrian to walk along and upon an adjacent roadway.
2. Where sidewalks are not provided any pedestrian walking
along and upon a highway shall when practicable walk only on the
left side of the roadway or its shoulder facing traffic which may
approach from the opposite direction.
State law reference §300.400 RSMo.
Secs. 26-153 through 26-158 reserved.
ARTICLE VI. IMPOUNDMENT OF VEHICLES
Sec. 25-159. Definitions.
For the purposes of this article vehicles shall include, but
shall not be limited to, the following: automobile, pickup
truck, truck trailer, tractors, van,.flat bed, farm machinery,
construction vehicles, buses, motorcycles, or any portion thereof.
Sec. 25-160. Vehicles obstructing traffic.
On all highways, streets, or alleys within the corporate
limits, any parked vehicle .which congests, obstructs., or unduly
35.
restricts a free, clear and unimpeded movement of traffic shall
be removed and impounded at the direction of a law enforcement
official.
Sec. 26-161. Vehicles left unattended.
Any vehicle left unattended on a street, alley, or city
owned property within the city for more than forty-eight (48)
hours may, at the direction of a law enforcement official, be
removed and impounded. Provided however, that such law enforce-
ment official shall provide written notice to the owner or owners
of such vehicle prior to impoundment, if the name and address of
such owner or owners can be ascertained. Written notice shall
consist of a statement of the intent to impound, posted by first
class mail at least forty-eight (48) hours prior to impoundment
and mailed to the last known address of the owner or owners.
For the purposes of this section, unattended shall mean not
moved or driven.
Sec. 25-162. Procedure for Impoundment.
Upon impoundment of a vehicle by a law enforcement official
under the provisions of section 26-160 ar 26-161, the official
ordering the impoundment of said vehicle shall consult the records
of the State Department of Revenue to determine the registered
owner of said vehicle, and holders of any security interests
therein. The law enforcement official shall then notify the
registered owner, or owners, and the holders of any security
interests., of the location of the vehicle, the reason for its
impoundment, and the pr'ocedur'e to be followed in claiming pos-
session of the vehicle.
Sec. 26--163. Repossession of impounded vehicle.
The registered owner of a vehicle,.or a. holder of a valid
security interest therein which is in default, may claim pos-
session of a vehicle impounded under the provisions of section
26-160 or section 26-161,.by providing proof of ownership, or
valid security interest which is in default, to the proper law
enforcement official whose responsibilities include supervising
the disposition of abandoned vehicles. Impounded vehicles shall
be released only upon payment -of all costs incurred for removal
and storage and all other costs incidental to the removal and
storage involved.
Sec. 2.5-164. Disposition of unclaimed vehicles.
Whenever a vehicle impounded under the provisions of section.
26-160 or section 26--151 remains unclaimed after ninety (90) days
such vehicle may be. sold by the City of Cape Girardeau at the
direction of the City.Manager. such sale shall be by public
auction or by sealed bids, with notice of such sale published in
a local daily newsnaDer of ueneral circulation at least once each
36.
week, .for three weeksimmediately preceding such sale. The
proceeds of such sale shall be deposited in the genetical revenue
fund of the City of Cape Girardeau.
Secs. 26-167 through 26-170 reserved.
36a.
ARTICLE VI.I.. VEHICLE EQUIPMENT
A. In General
Sec. 26-171. Muffler cutouts prohibited.
Muffler cutouts shall not be used and no vehicle shall be
driven in such manner or condition that excessive and unnecessary
noise shall be made by its machinery, motor, signaling device, or
other parts, or by any improperly loaded cargo. The motors of
all motor vehicles shall be fitted with properly attached mufflers
of such capacity or construction as to quiet the maximum possible
exhaust noise. Any cutout or opening in the exhaust pipe between
the motor and the muffler on any motor vehicle shall be completely
closed and disconnected from its opening lever, .and shall be so
arranged that it cannot automatically open or be opened or operated
while such vehicle is in motion.
State.law.refer.ence 5307..170 RSMo.
Sec. 26-172. Horn, brake and mirrors; requirements generally.
A. Horn. Every motor vehicle shall be equipped with a
horn directed forward or a whistle in good working order capable
of emitting a sound adequate in quantity and volume to give
warning of the approach of such -vehicle to other users of the
street and to pedestrians. Such signals and devices shall be
used for warning purposes only and shall not be used for making,
any unnecessary noise and no other sound producing signaling
device shall be used at any time, provided however, that emer-
gency vehicles of the fire department, ambulances, and vehicles
being used by police officers in discharge of duty may use either
a siren or bell.
B. Brakes. All motor. vehicles, except motorcycles and
motor tricycles, shall be provided -at all times with two (2.) sets
of adequate brakes, kept in good working order, and motorcycles
and motortricycles shall be provided with one set.of adequate
brakes kept in good working order.
C. Mirrors. All motor vehicles which are so constructed
or loaded that the operator cannot see the road behind such
vehicle by looking back or around the side of such vehicle shall
be equipped with a mirror so adjusted as to reveal to the operator
in his seta clear view of the road in the rear of said vehicle.
State law reference 5307.170 RSMo.
Sec. 26-173. Requirements for towing vehicles.
When one vehicle is being towed by another vehicle they
shall be coupled by a line so that the two (2) vehicles will be
separated by not more than fifteen (15) feet and there shall be
37.
displayed on the tow linea white. cloth or paper so that the same
will be clearly visible to other users of the street. During the
time lights are required by this article, the.required lights
shall be displayed by both vehicles.
State law reference §307.170.RSMo.
Sec. 26-174. Vehicles carrying poles., other protruding objects;
requirements.
All vehicles carrying poles or other objects., which project
more than five (5) feet .from the rear or .front of such vehicle,
shall, during the period when lights are required by this chapter,
carry a red light at or near .the rear end of .the pole or other
object so projecting. At other times a red flag or cloth, not
less than sixteen (1.6) inches square, shall- be displayed at the
end of such projection.
State law re -Terence §307.170 .RSMo.
H. Lights. and Reflectors
Sec. 26--175. Definitions.
As used in sections 26-175 through 26-138, unless the context
requires another. or different construction, the following definitions
shall apply -
Approved when applied to lamps and other illuminating
devices means that such lamps and devices must be in good working
order.
Auxiliary lamp means an additional lighting device on a
motor vehicle used primarily to supplement the headlamps.in
providing general illumination ahead of a vehicle.
Headlamp means a major lighting device capable of providing
general illumination ahead of a vehicle.
Mounting height means the distance from the center of the
lamp to the surface on which the vehicle stands.
Multiple -beam headlamps means headlamps or similar devices
arranged so as to permit the driver of the vehicle to use one or
two or more distributions of light on the street.
Reflector means an approved device designed and used to give
an indication by reflected light..
Single -beam headlamps means headlamps or similar devices
arranged so as to permit the driver of the vehicle to use but one
distributor of light on the street.
MM
When lighted laanps are required means at any time from a
half hour after sunset to a half hour before sunrise and at any
other time when there is not sufficient light to render clearly
discernable persons and vehicles on the highway at a distance of
five hundred .(5,00) feet-ahead.
State Law reference §307.02.0 RSMo.
Sec. 26-176. Unlawful to drive vehicle without lights
when required.
No person shall drive, move., or operate any vehicle or
combination of vehicles on any street or. highway during the times
when lighted lamps are required unless such vehicle or combination
of vehicles display lighted lamps and illuminating devices as
required in this article. No person shall use on any vehicle any
approved electric lamp or similar device unless the light source
of such lamp or device complies with the conditions of approval
as to focus and rated candlepower.
State law reference §307.04.0 RSMo.
Sec. 26-177. Headlamps on motor vehicles, motorcycles required.
Except as provided in this article, every motor vehicle
other than a. motor drawn vehicle and other than a motorcycle
shall be equipped with-at least two (2) approved headlamps
mounted at the same level' with at least one on each side of the
front of the vehicle. Every motorcycle shall be equipped with at
least .one and not more than two (2-) approved headlamps. Every
motorcycle equipped with a sidecar or other attachment shall be
equipped with a lamp on the outside limit of such attachment
capable of displaying a white light to the front.
State law reference §307.0.45. RSMo.
Sec. 26-178. Color requirements for lights; restriction on
use of red. lights.
Headlamps, when lighted, .shall exhibit lights substantially
white in color; auxiliary lamps,.cowl lamps and spot lamps, when
lighted, shall exhibit lights substantially white, yellow or
amber in color. No persan shall drive or move.any vehicle or
equipment except an emergency vehicle authorized by the chief of
police upon any street or highway with any lamp or device .thereon
displaying a red light visible .from directly in front thereof.
State law reference §307..09-5 RSMo.
Sec. 26-179. Auxiliary lamps; restrictions.
Any motor vehicle may be equipped with not to exceed three
(3.) auxiliary lamps mounted on the front .at a height not less
39.
than twelve (12) inches. nor more than forty-two (42) inches above
the level surface upon which the vehicle stands.
State law reference 5307.08.0 RSMo.
Sec. 26-180. Oowl,.fender,.running board and back --up lights;
requirements.
Any motor vehicle may be equipped with not more than two (2)
side .cowl or fender lamps which .shall emit a white or yellow
light without glare. Any motor vehicle may be equipped with not
more than one running board courtesy lamp on each side thereof
which shall emit a white or yellow light without glare. Any
motor vehicle may be equipped with a back-up lamp either sepa--
rate.ly or in combination with .another lamp; except that no such
back-up lamp shall be continuously lighted when the motor vehicle
is in forward motion.
State law reference §307.485 RSMo.
Sec. 26-181. Spot lights; restrictions.
Any motor vehicle may be.equipped with'not to exceed one
spot lamp but every lighted spot lamp shall be aimed and used so
as not to be dazzling or glaring to any person.
State law reference §307.09.0 RSMo.
Sec. 26-182. Other lamps and illuminating devices.; limitations.
Any lighted lamp or illuminating device upon a motor. vehicle
other than headlamps, spot lamps, front .direction signals- or
auxiliary lamps which project a beam of .light of an intensity
greater than three hundred (3001) candlepower shall be .so directed
that no part of the beam will strike the level of the roadway on
which the vehicle stands at a distance of more than seventy --five
(75) feet from the .vehicle.
State law reference §307.100. RSMo.
Sec. 26-183. Flashing lights prohibited; exception.
Flashing lights are prohibited on motor vehicles, motor-
cycles and motor -drawn vehicles except as a means for -indicating
a right or left turn but, alternately flashing warning signals
may be used on school buses when used for school purposes and on
motor vehicles when used to transport United States mail from
post offices to boxes of addressees thereof, and on emergency
vehicles as defined in.Section 26-1.
State law reference §307.100. RSMo.
40.
Sec. 26--184. Use of lights, requirements generally;
limitation on numbers.
At -the time when lighted. lamps are required, at .least two
(2) lighted: lamps shall be displayed, one on each side of the
front of every motor vehicle except a motorcycle and except a
motor -drawn vehicle except when .such vehicle is parked subject to.
the provisions governing lights on parked vehicles. whenever a
motor vehicle equipped with headlamps as in this article required
is also equipped with any auxiliary lamps or a spot lamp or any
other lamp on the front thereof projecting a beam of an intensity
greater than three hundred (300) -candlepower., not more than a
total of four (4) of any such lamps on the front of a vehicle
shall be lighted at any one time when upon a highway.
State. law .refer.ence §3.07..105 RSMo.
Sec. 26-185. Single -beam headlights; requirements.
Approved single--bear€t headlamps shall be so -aimed that when a
vehicle is not loaded none of the -high --intensity portion of the
light -shall at a distance of twenty. -five (25) feet ahead project
higher than a level of five (5) inches below the level of the
center of the lamp from which it comes, and in no case higher
than forty-two (42) inches above the level on which the vehicle
stands at a distance of seventy-five (75) feet ahead. The in-
tensity shall be sufficient to reveal persons and vehicles at a
distance of at least two hundred (200) feet.
State law reference §307.055 RSMo.
Sec. 26-186. Multiple -beam headlights; requirements.
Approved multi -beam headlamps or auxiliary lamps or combi-
nations thereof shall be so arranged that the driver may select
at will between different distributions of light -subject to the
following requirements and limitations. There shall be an upper-
most distribution of light, or composite beam,.so aimed and of
such intensity as to reveal persons and vehicles at a distance of
at least three hundred fifty (350).feet for all conditions of
loading. There shall be. a lowermost distribution of light, or
composite bean, so aimed that -when the vehicle is not loaded,.
none of the high-intensity portion of the .light which is directed
to left of the prolongation of the extreme left side of the
vehicle shall, at a distance of twenty --five (25) feet ahead,
project higher than a level of eight (H) inches below the .level
of the center of the lamp from which it comes. When the vehicle
is not loaded, none of the high-intensity portion of the light
which is directed to the: right of the prolongation of the extreme
left side of -the. vehicle -shall, at a distance of twenty-five (25)
feet.ahead, project higher than a level of three (3) inches below
the level of the center of the lamp from which it comes. In no
event .shall any of the high-intensity of such lowermost distribution
41.
of light or composite heam projecting higher than a level of
forty. -two. (4.2) inches above .the. level on which the. vehicle stands
at a distance of seventy --five (75) feet ahead.
State. law reference §307..06.0.RSMo.
Sec. 26-187. Intermediate beams; requirements.
When an intermediate beam is provided and used, when the
vehicle is not loaded none of the high --intensity portion of the
light which is directed to the left of :the .prolongation of the
extreme .left side of the vehicle .shall, at a distance of twenty-
five (25) feet. ahead, project higher than a level of eight (8)
inches below the level of the center of the lamp from which it.
comes. All road lighting beams shall be so aimed and of suffi-
cient intensity to reveal a person or. vehicle at .a distance of at
least one hundred (100).. feet ahead.
Sec. 26-188. Beam indicator required.
Every motor vehicle registered in this state after January
1,,1942, and used in this city, and which has multiple -beam road -
lighting, equipment, shall be equipped wi.th.a beam -indicator,
which -shall .be lighted -whenever the uppermost distribution of
lights from the headlamp is in use,.and shall not otherwise be
lighted. The -indicator shall be so designed and located that
when lighted it will be readily visible without glare to the
driver of the vehicle so equipped.
State law reference §3.07.46.5 RSMo.
Sec. 26-189. Dimming lights required.
Every person driving a motor vehicle equipped with multiple-
bea.in road lighting equipment during the tines when lighted lamps
are required, shall use a distribution of light, or composite
beam■.directed high enough and of .sufficient intensity to reveal
persons and vehicles at a safe distance in advance of the vehicle,
subject -to the following requirements and limitations. Such
driver shall.use a distribution of light or composite beam so
aimed that the glaring rays are. not projected into the eyes of
the oncoming driver, and in no case shall the -high-intensity
portion which is projected to.the.left of .the..prolongation of the
extreme left side of the. vehicle be aimed higher than the center
of the lamp from which it comes at a distance .of twenty-five (25)
feet .ahead,.an.d in no case higher than a level. of forty-two (4.2)
inches above the level.upon which the vehicle stands at a distance
of seventy-five. (75) feet .ahead.
State law .reference §307.070.RSMo.
42.
Sec. 26-190.. Rear lights required.
Every moto.r.vehicle and every motor -drawn vehicle shall be
equipped with at least two (2) rear lamps, not less than fifteen
(1.5) inches or more .than seventy-two. (72) inches above the ground
upon .which the vehicle stands, which when lighted will exhibit a
red light plainly visible from a distance of five hundred (500)
feet to the rear. Either such rear lamps or a separate .lamp
shall be so constructed and placed as to illuminate with a white
light the rear registration marker and render it clearly .legible
from a distance of fifty (5.0) feet to the rear. When -the rear
registration marker is illuminated by an electric lamp other than
the required rear lamp, all .such lamps shall be turned on or off
only by the same'contr.ol switch .at all times.
State law reference §3.07.075 RSMo.
Sec. 26-191. Rear reflectors --Motor vehicles generally.
A. Required. Every new passenger car, new commercial
vehicle, motor -drawn vehicle and omnibus with a capacity of more
than six (6.) passengers registered in this state after January 1,
1966, when operated -on a street in this city shall also carry at
the rear at least two (2.) approved red reflectors, at .least one
at each side, .so designed, mounted on the.vehicle and maintained
as to be. visible during the times .when lighted lamps are required
from all distances within five hundred (5.00) to fifty .(50) feet
from such vehicle when directly in front of a motor vehicle
displaying lawful undimmed headlamps.
B. Installation requirements. Every such reflector shall
meet the requirements of this section and shall be mounted upon
the vehicle at a height not to exceed sixty (6.0) inches nor less
than fifteen (15) inches above the surface upon which the vehicle
stands.
State -law reference 9307.075 RSMo.
Sec. 26-192. Same -Motorcycles.
Every motorcycle registered in this state, when operated on
a street in this city shall also carry at the rear,.either as
part of the -rear -lamp or separately, at least one approved red
reflector, which shall be of such .size and characteristic and so
maintained as to be visible during the times when lighted lamps
are required from all distances within three hundred (300) feet
to fifty .(50).feet from such vehicle when directly in front of a
motor vehicle displaying lawful undimmed headlamps.
State law reference .9307.075(2.) RSMo.
Secs. 26-193 through .26-198 reserved.
43.
ARTICLE VIII. MISCELLANEOUS PROVISIONS
Sec. 26--199. Careless and Imprudent Driving.
Every person operating a vehicle within this city -shall so
control the same that such operation. having due regard to the
actual conditions and hazards existing at the time and place,
shall be (1) reasonable, careful .and prudent, and (2) such as not
to endanger any. person, property, life and limb.
State law reference §3.04.01.0.RSMo.
Sec. 26-200. Unlawful to leave..sce.ne of accident.
No person operating or driving a vehicle,. knowing that an
injury has been -caused to a person or damage has been caused to
property due to an accident involving his vehicle, shall leave
the -place of injury, damage or accident without stopping and
giving his name, residence,.including city and street number,
motor. vehicle number and chauffeur's or registered operator's
number, .if any, to the -injured party or to the operator or owner
of the damaged vehicle or property, or to a police officer; or if
no police officer is in the vicinity., then to the nearest police
station or judicial officer.
State law reference §577.06.0.RSMo.
Sec. 26--201. Tampering with motor. vehicle generally.
A. Prohibited generally. No person sha..11 drive, operate,
use or tamper with.a motor. vehicle or trailer without -the per-
mission of the owner thereof.
B. Climbing on, manipulation of devices, etc., prohibited.
No person shall, without the permission of the owner -or person in
charge thereof, climb upon or into., or swing upon any motor
vehicle or trailer, whether the same is in motion or at rest, or
sound the horn or other sound --producing device thereon, or attempt
to manipulate any of the levers, starting device,. brakes -or
machinery thereof, or set .the machinery in motion.
C. Riding in stolen vehicle. No person shall knowingly
ride in a motor vehicle .which has been stolen or is being op-
erated without the consent of the owner thereof.
D. Applicability of provisions. The provisions of this
section shall apply to any person employed by the owner of such
motorvehicle as a chauffeur or registered operator if .the motor
vehicle is driven or operated,. used or tampered with without the
owner.'s.knowledge:or expressed consent, or in violation of his
instructions.
My
Sec. 26-202. Unlawful for unlicensed person to drive motor
vehicle.
It .sha.11 be unlawful for any person to drive any motor
vehicle upon any street .or highway in .the city unless such person
has a valid license as an operator or chauffeur under the pro-
visions of Chapter 3.02, revi.sed. statutes of Missouri 1978,.as
amended, or unless such person is legally licensed to operate a
motor vehicle .in the state of his residence.
State law.reference §302.02.0 RSMo.
Sec. 26-203.' Unlawful to authorize, permit unlicensed
person to drive. vehicle.
No person shall authorize or knowingly permit a motor vehicle
owned by him or under his control to be driven upon any street or
highway in the city by any person.who is not authorized to operate
such motor. vehicle by the laws of the State of Missouri. under the
provisions of .Chapter 302, revised statutes of Missouri, 1978, as
amended..
Sec. 26.-204. Driving unlicensed vehicle prohibited..
No person shall operate a motor vehicle upon the streets or
highways in the city unless such motor vehicle is licensed under
the motor vehicle laws of the State of Missouri under the pro-
visions of Chapter 301, revised. statutes of Missouri 1978, as
amended, or is properly licensed under the laws of any other
state., and such license is displayed in conformance with the laws
of the state in which the vehicle is licensed or registered.
State law reference 5301.130 RSMo.
Sec. 26-205. Driving through procession.
No driver -of any vehicle within the city shall drive.between
the vehicles comprising a funeral procession or between the
pedestrians or vehicles of an organized procession, while the
same are in.motion and when such vehicles or procession of pe-
destrians are .conspicuously designated as required by ordinance
or law. This provision shall not apply at intersections or other
places where traffic is controlled by traffic -control signals or
police officers.
State law reference §300.310'RSMo.
Sec. 26-206. Permits required for parades, processions.
No procession or parade containing two hundred [20.0.] or more
persons or fifty. (50) or more. vehicles, excepting forces of the
United States Army and Navy, the. military forces of this state
and the forces of the police .and fire departments, shall occupy,.
45.
march or proceed along any street in the city, except in accor-
dance with a permit issued by the chief of police and such other
regulation or regulations which may apply by ordinance or law.
State law reference §300.325 RSMo.
Sec. 266-207. Funeral processions to be identified.
A funeral composed of a successive procession of vehicles
shall he identified as such by the display of pennants or other
identifying insignia to readily identify the same with not less
of such pennants or other insignia than one on each vehicle
participating in such procession. Such pennants or insignia
shall be of a type as may be designated by the traffic division
of the police department.
State law reference §300.320 RSMo.
Sec. 26-208. Entering, leaving limited access roadways, use of
established entrances, exits required.
No person shall drive a vehicle onto or from any limited
access roadway, except at such entrances and exits as are es-
tablished by public authority.
State law reference §300.355 RSMo.
Sec. 26-209. Following fire apparatus prohibited.
The driver of any vehicle other than one on official business
shall not follow any fire apparatus traveling in response to a
fire alarm closer than five hundred feet or drive into or park
such vehicle within the block where fire apparatus has stopped in
answer to a fire alarm.
State law reference §300.300 RSMo
Sec. 26-210. Crossing fire hose.
No vehicle shall be driven over any unprotected hose of a
fire department when laid down on any street, private driveway or
streetcar track, to be used at any fire or alarm of fare, without
the consent of the fire department official in command.
State law reference §300.305 RSMo.
Sec. 26-211. Driving in procession.
Each driver in a funeral or other procession shall drive as
near to the right hand edge of the roadway as practicable and
shall follow the vehicle ahead as close as is practicable and
safe.
State law reference §300.315 RSMo.
46.
Sec. 26-212. Vehicle shall not be driven on a sidewalk.
The driver of a vehicle shall not drive within any sidewalk
area except as a permanent or temporary driveway.
State law reference §300.335 RSMo.
Sec. 26--213. Limitations on backing.
The driver of a vehicle shall not back the same unless such
movement can be made with reasonable safety and without interfering
with other traffic.
State law reference §300.330.RSMo.
Sec. 26-214. Riding on motorcycles.
A.person operating a motorcycle shall ride only upon the
permanent and regular seat attached thereto, and such operator
shall not carry any other person nor shall any other person ride
on a motorcycle unless such motorcycle is designed to carry more
than one person, in which eventa passenger may ride upon the
permanent and .regular seat if designed for two people, or upon
another seat firmly attached to the rear or side of the operator.
State law reference §300.345 RSMo.
Sec. 26-215. Riding on Motorcycles --Helmet Required.
Every person operating, or riding asa passenger on any
motorcycle, as defined in Section 301.010 RSMo, anywhere within
the city limits shall wear protective headgear at all times that
the vehicle is in motion. The headgear shall meet reasonable
standards and specifications established by the Missouri Director
of the Department of Public Safety..
Sec. 26-216. Riding bicycle on sidewalks.
1. No person shall ride a bicycle upon a sidewalk within a
business district..
2. Whenever any person is riding a bicycle upon a sidewalk,
such person shall yield the right of way to any pedestrian and
shall give audible signal before overtaking and passing such
pedestrian.
State law reference 9300.347 RSMo.
Sec. 26--217. Railroad trains not to block streets.
It shall be unlawful for the directing officer or the
operator of any railroad train to direct the operation of or to
operate the same in such a manner as to prevent the use of any
47.
street or driveway for purposes of travel for a period of time
longer than five minutes; provided that this section shall not
apply to a moving train or to one stopped because of an emergency
or for repairs necessary before it can proceed safely.
State law reference §300.360 RSMo.
Sec. 26-218. Driving While Intoxicated.
A. A person commits the violation of Driving While In-
toxicated if that person operates or is in actual
physical control of a motor vehicle while in an in-
toxicated or drugged condition.
Sec. 26-219. Driving With Excessive Blood Alcohol Content
A. A person commits the violation of Driving With Ex-
cessive Blood Alcohol Content if he operates or is in
actual physical control of a motor vehicle with ten
hundredths of one (1) per cent or more by weight of
alcohol in his blood.
B. Per cent by weight of alcohol in the blood shall be
based upon grams of alcohol per 100 millileters of
blood and may be shown by chemical analysis of the
per'son's blood, breath, saliva or urine.
Sec. 26-220. Testing.
With respect to sections 26-218 and 26-219,.the following
provisions shall apply:
1. Chemical tests of a persons breath,, blood, saliva, or
urine to be considered valid shall be performed according
to methods and devices approved by the State Division
of Health by .licensed medical personnel or by a person
possessing a valid permit issued by the State Division
of Health for this purpose.
2. A licensed physician, registered nurse, or trained
medical technician acting at the request and direction
of the lata enforcement officer, shall withdraw blood
for the purpose of determining the alcohol content of
the blood, unless such medical personnel, in his good
faith medical judgment, believes such procedure would
endanger the life or health of the person in custody.
Blood may be withdrawn only by such medical personnel,
but such restriction shall not apply to the taking of a
breath test, a saliva specimen, or a urine specimen.
In withdrawing blood for the purpose of determining the.
C11 -61F
alcohol content thereof, only a previously unused and
sterile needle and sterile vessel shall be utilized and
the withdrawal shall otherwise be in strict accord with
accepted medical practices. A nonalcoholic antiseptic
shall be used for cleansing the skin prior to venapunc-
ture. Upon the request of the person who is tested,
full information concerning the test taken at the
direction of the law enforcement officer shall be made
available to him.
Sec. 26-221. Cut -Across to avoid traffic light.
No person shall, in order to avoid stopping at any inter-
section Controlled by a traffic signal or sign, drive across any
private or public driveway, parking lot, alley, or yard.
ARTICLE IX. BICYCLES AND MOTORIZED BICYCLES
A. Bicycle Operation and Equipment
Sec. 26-222. Bicycle and motorized bicycle, defined.
As used in sections 26-222 to 26-229:
1. The term "bicycle" shall mean every vehicle propelled
solely by human power upon which any person may ride, having two
tandem wheels, except scooters and similar devices;
2. The term "motorized bicycle" shall mean any two -or
three -wheeled device having fully operative pedals capable of
propulsion by human power, an automatic transmission and a motor
with a cylinder capacity of not more than fifty cubic centimeters
which produces less than two gross brake horsepower, and is
capable of propelling the device at a maximum speed of not more
than thirty miles per hour on level ground. A motorized bicycle
shall be considered a motor vehicle for purposes of any home-
owners' or renters' insurance policy.
State Law Reference §307.180 RSMo.
Sec. 26-223. Brakes required.
Every bicycle and motorized bicycle shall be equipped with a
brake or brakes which will enable its driver to stop the bicycle
or motorized bicycle within twenty-five feet from a speed of ten
miles per hour on dry, level, clean pavement.
State law reference 007.183 RSMo.
Sec. 25-224. Lights and reflectors, when required --standards
to be met.
Every bicycle and motorized bicycle when in use on a street
of highway during the period from one-half hour after sunset to
one-half hour before sunrise shall be equipped with the following:
EIRM
1. A front -facing ,lamp on the front or carried by the
rider which shall emit a white light visible at night under
normal atmospheric conditions on a straight, level, unlighted
roadway at five hundred feet;
2. A rear -facing red reflector, at least two square inches
in reflective surface area, on the rear which shall be visible at
night under normal atmospheric conditions on a straight, level,
unlighted roadway when viewed by a vehicle driver under the lower
beams of vehicle headlights at six hundred feet;
3. Essentially colorless or amber reflectors on both the
front and rear surfaces of all pedals. Each pedal reflector
shall be recessed below the plane of the pedal or reflector
housing. Each reflector shall be at least ninety one -hundredths
square inches in projected effective reflex area, and must be
visible at night under normal atmospheric conditions on a straight,
level, unlighted roadway when viewed bya vehicle driver under
the lawful lower beams of vehicle headlights at two hundred feet;
and
4. A side -facing essentially colorless or amber reflector
visible on each side of the wheel mounted on the wheel spokes of
the front wheel within three inches of the inside of the wheel
rim and a side -facing essentially colorless or red reflector
mounted on the wheel spokes of the rear wheel within three inches
of the inside of the wheel rim, or continuous retroreflective
material on each side of both tires which shall be at least
three -sixteenths of an inch wide. All such reflectors or retro -
reflective tire sidewal.ls shall be visible at night under normal
atmospheric conditions on a straight, level, unlighted roadway
when viewed by a vehicle driver under the lawful lower beams of
vehicle headlights at three hundred feet. The provisions of this
subdivision shall not apply to motorized bicycles which comply
with National Highway Traffic and Safety Administration regula-
tions relating to reflectors on motorized bicycles.
State law reference §307.185 RSMo.
Sec. 26-225. Rights and duties of bicycle and motorized
bicycle riders.
Every person riding a bicycle or motorized bicycle upon a
street or highway shall be granted all of the rights and shall he
subject to all of the duties applicable to the driver of a vehicle
as provided by chapter 26, Code of Ordinances of the City of Cape
Girardeau, except as to special regulations in sections 26-222 to
26-229 and except as to those provisions of chapter 26, Code of
Ordinances of the City of Cape Girardeau, which by thein nature
can have no application.
State law reference §307.188 RSMo.
50.
Sec. 26-226. Riding to right, -required for bicycles and
motorized bicycles, mandatory use of bicycle
path by bicycles.
1. Every person operating a bicycle or motorized bicycle
upon a street or highway shall ride as near to the right side of
the roadway as practicable, exercising due care when passing a
standing vehicle or one proceeding in the same direction.
.2. Wherever a usable path for bicycles practical for
sustained riding for transportation purposes has been officially
designated adjacent to a street or highway, bicycle riders shall
use such path and shall not use the street or highway.
State law reference §307.190 RSMo.
Sec. 26-227. Penalty for violation.
Any person seventeen years of age or older who.violates any
provision of sections 26-222 to 26-229, upon conviction thereof,
shall be punished by a fine of not less than five dollars nor
more than twenty-five dollars. If any person under seventeen
years of age violates any provision of sections 26-222 to 26-229
in the presence of a peace officer possessing the duty and power
of arrest for violation of the general criminal laws of the state
or for violation of ordinances of counties or municipalities of
the state, said officer may impound the bicycle or motorized
bicycle involved for a period not to exceed five days upon issuance
of a receipt to the child riding it or to its owner.
State law reference §307,193 RSMo.
B. Motorized Bicycles
Sec. 26-228. operator's or chauffeur's license required --
operation on interstate highway prohibited.
1. No person shall operate a motorized bicycle on any
highway or street in this state unless he has a valid operator's
or chauffeur's license.
2. No motorized bicycle may be operated on any public
thoroughfare located within this city which has been designated
as part of the federal interstate highway system.
State law reference §307.195 RSMo.
Sec. 26-229. Equipment required.
No person shall operate a motorized bicycle on any street or
highway in this city unless it is equipped in accordance with the
51.
minimum requirements for construction and equipment of MOPEDS,
Regulation VESC-.17, approved July, 1977, as promulgated by the
Vehicle Equipment Safety Commission.
State law reference §307.196 RSMo.
SECTION 4. If any section, subsection,.sentence, clause.,
phrase, or portion of this chapter is for any reason held invalid
or unconstitutional, by any Court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the. validity of the
remaining portions thereof.
SECTION 5..
This ordinance shall be
in full force
and effect
ten days after
its passage and approval.
PASSED A��f'D
APPROVED THIS DAY
OF
ATTEST:
r
CYTY CLERK
k)
y
52.
MAYOR