HomeMy WebLinkAboutCityMgrForm.682.06-21-1972 ,. . ,
CITY MANAGER FORM ORDIN.ANCE NO. �. ��/
AN ORDINANCE REGULATING THE USE OF METAL TIRED VEHICLES UPON
THE STREETS AND OTHER PUBLIC PLACE5 IN THE CITY OF CAPE GIR-
ARDEAU, MISSOURI
NOW, THEREFpRE, gE IT ORDAINED BY THE COUNCIL OF THE
CITY OF� CAPE GIRARDEAU, MIS50URI, AS FOLLOW5:
SECTION l. No metal tired vehicle shall be operated
over any of the streets of the City of Cape Girardeau, Missouri,
if such vehicle h as on the periphery of any of the road wheels
any lug, flange, cleat, ridge, bolt or any projection of inetal or
wood which projects radially beyond the tread or traffic surface
of the tire, unless the street is protected by putting down solid
planks or other suitable material, or by attachments to the wheels
so as to prevent such vehicles from damaging the street, except
that this prohibition shall not apply to tractors or traction
engines equipped with what is known as caterpillar treads, when
such caterpillar does not contain any projection of any kind likely
to injure the surface of the road and when the operation of such
does not injure the surface of the road. Tractors , traction
engines and similar vehicles may be operated over the streets
when they have upon their road wheels "V" shaped, diagonal or
other cleats arranged in such manner as to be continuously in
contact with the road surface if the gross weight of the wheels
per inch of width of such cleats or road surface, when measured
in the direction of the axle of the vehicle, does not exceed
eight hundred pounds.
SECTION 2. No tractor, tractor engine, or other metal
tired vehicle weighing more than four tons, including the weight
of the vehicle and its load, shall drive onto, upon or over E
the edge of any improved street without protecting such edge
by putting down solid planks or other suitable material to
prevent such vehicle from breaking off the edges of the pavement.
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SECTION 3 . Any person violating this ordinance, or
who shall wilfully or negligently damage a street, shall be
liable for the amount of such damage caused to any street,
bridge, culvert or sewer, and any vehicle causing such damage
shall be subject to a lieri for the full amount of such damage,
which lien shall not be superior to any duly recorded or
filed chattel mortgage or other lien previously attached
to such vehicle; the amount of such damage may be recovered in
any action in any court of competent jurisdiction, in the name
of the 5tate by the City of Cape Girardeau, Missouri, a municipal
corporation.
5ECTION 4. Any person violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined an amount not exceeding
One Hundred Dollars ($100 .00) or to be imprisoned in the Cape
Girardeau City Jail for a period not exceeding ninety (90)
days or be both so fined and imprisoned.
SECTION 5. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is f or any reason
held invalid or unconstitutional by any Court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independerit provision and such holding shall not affect the
validity of the remaining portions hereof.
SECTION 6 . It is the interition of the governing body
and it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances, City
of Cape Girardeau, Missouri, and the sections of this Code
may be renumbered to accomplish such interition.
5ECTZON 7. The City Council hereby declares that an
emergency exists in the timely passage of this ordinance due
to the fact that the construction season is under way and
many contractors are operating metal tired vehicles on the
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streets of the City of Cape Girardeau thereby causing
irreparable damage to said City streets and as a consequence
the public health, safety and welfare is thereby endangered.
Therefore, this ordinance shall be in full forCe and effect
immediately upon its passage and approval.
PA5SED AND APPROVED THIS �'� '� DAY OF �� , 1972.
� O�
MAYOR
ATTEST:
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CITY CL RK