ARTICLE
II
OPERATION
OF VEHICLES
DIVISION
1. GENERALLY
Sec.
23-201. Display of license plates on motor vehicles and
trailers.
(a) It shall be unlawful
for any person to operate a motor vehicle or trailers upon any public street,
avenue, boulevard, parkway, alley or state highway within the City of St. James,
Missouri without having displayed the valid license plate or set of license
plates or temporary permit issued by the Director of Revenue of the State of
Missouri, pursuant to Section 301.130 and 301.140 RSMo. Such plate or set of
plates shall be entirely non obscured, unobstructed, and all parts plainly visible
and kept reasonably clean and fastened so as not to swing.
It shall be unlawful for any person to park a motor vehicle or trailer
upon a public street, avenue, boulevard, parkway, alley or state highway within
the City of St. James, Missouri which does not have attached thereto a valid
license plate or set of plates which display current registration, issued by
the Director of Revenue for the State of Missouri for use on such motor vehicle
or trailer. (Ord. 632, §1;
Ord. 678, §1; Ord. 916)
(b) Annual registration of motor vehicles.
Every owner of a motor vehicle or trailer which shall be operated
or driven upon any public street, avenue, boulevard, parkway,
alley or state highway within the City of St. James, Missouri,
shall annually file an application for vehicle registration
pursuant to Section 301.02, RSMo. (Ord. 678, §2)
(c) Penalty. Any person convicted of a
violation of the provisions of this Section shall be punished
under the provisions of Section 1-13 through 1-15 of the Code of
the City of St. James, Missouri known as the "General
Penalty." (Ord. 632, §2; Ord. 678, §3)
Sec. 23-202. Operation of vehicles/License requirements/Vehicles prohibited.
(a) Hereafter it shall be unlawful for any person to operate a motor vehicle on the public streets or over and along the public thoroughfares of the City of St. James, Missouri, unless he shall have applied for and obtained an operator's license or chauffeur's license issued to him by the secretary of the motor vehicle department of the State of Missouri. It shall also be unlawful for any person, firm, or association to permit any person not holding a valid operator's or chauffeur's license issued by the motor vehicle department of the office of the Secretary of the State of Missouri, to operate any motor vehicle registered in said person's, firm's or corporation's name. (Ord. 222, §1.)
(b) Motorcycle. It shall be unlawful for any person to operate a motorcycle on any city street or alleyway without having a motorcycle license issued by the state of Missouri.
(c) Motorized bicycle. It shall be unlawful for any person
to operate a motorized bicycle without a valid operator's license with the operator
being at least sixteen years of age and having been issued an intermediate license
issued by the state of Missouri.
Equipment required for motorized bicycle:
" A white light on the front of the vehicle which can be seen by another
driver from five hundred feet.
" A rear red reflector at least two inches square or a rear red light that
can be seen for at least six hundred feet when the low beam headlights of the
other vehicle are in use.
" Reflective material on the pedals, crank arms, shoes or lower legs of
the operator that drivers can see with their vehicles low beam lights from a
distance of two hundred feet.
" Reflective material must be on each side of the vehicle and be seen with
low beam headlights at a distance of three hundred feet. This shall not apply
to mopeds that comply with the National Highway Traffic Safety Administration
Regulations.
(d) All terrain. It shall be unlawful for any person to operate upon the public streets, alleyways or sidewalks in the city of St. James, Missouri any non-licensed all terrain vehicle.
(e) Penalty. Any person failing, neglecting or refusing to
comply with the provisions of this Section shall be deemed guilty of an ordinance
violation with a fine of not more than $500 and/or up to 90 days in jail. (Ord.
222, §1; Ord. 827)
Sec.
23-203. Parking - General.
Hereafter it shall be unlawful for any person to park a motor
vehicle or to permit his motor vehicle to be parked upon or in
any public street or alley of the City of St. James,
Missouri for a longer period than twenty-four hours. (Ord.
210, §1.) (See section 23-390 for penalty for violation of
section 23-203.)
Sec.
23-204. Passing school buses.
(a) Any driver of a vehicle upon any street,
alley or highway within this Municipality, upon meeting or
overtaking from either direction any school bus which has stopped
for the purpose of receiving or discharging any school children
or other passengers when the driver of said school bus has in the
manner prescribed by law given a signal to stop, shall stop such
vehicle before reaching such school bus and shall not proceed
until such school bus resumes motion or until signalled by its
driver to proceed.
(b) Every such school bus operating within this
Municipality shall comply with all rules, regulation or
regulations of the state board of education in and for the
operation thereof. (Ord. 164, §19.)
Sec.
23-205. Right-of-way; when given.
No vehicle shall be driven from private property or from an
alley into a street or highway, or from the side of a highway
into a line of moving vehicles, unless the highway is
sufficiently free from approaching vehicles to permit such
vehicle to enter the line of moving vehicles without danger of
collision, and the operator or driver of such vehicle shall give
warning of his intention to proceed into the line of moving
vehicles by sounding his horn or whistle, and by giving the
signal required by the arm for turning to the right or left as
the case may be, and shall proceed carefully, yielding the right-of-way
in case of doubt to the vehicles which are already in motion.
Any person, firm, or corporation operating a motor vehicle within
the corporate limits of the City of St. James, Missouri, and
failing to comply with the provisions of this and the preceding
Sections, shall be adjudged guilty of a misdemeanor, and shall
upon conviction be fined in a sum not less than five ($5.00)
dollars nor more than fifty ($50.00) dollars. (Ord. 49, §3.)
(Penalty refers also to section 23-233.)
Sec.
23-206. Vehicles to stop at railroad grade crossings.
(a) Whenever the driver of a vehicle approaches a
railroad grade crossing in the City of St. James, Missouri, the
driver of such vehicle shall bring such vehicle to a stop not
less than fifteen (15) feet from the nearest rail of such
railroad track, and while so stopped, shall both look and listen
in both directions along such track for approaching railway
traffic, and shall not proceed until he can do so safely. The
foregoing requirements shall apply when:
(1) A train approaching within approximately 1500
feet of the grade crossing emits a signal audible from such
distance and such train, by reason of its speed or nearness to
such crossing, is an immediate hazard; or
(2) An approaching train is plainly visible and is in
hazardous proximity to such crossing; or
(3) A stop sign has been erected at any such crossing.
(Ord. 284, §1.)
(b) There is hereby authorized the erection and
maintenance of stop signs at each of the following railroad grade
crossings in the City of St. James, Missouri:
Oak Street
Elm Street
(Ord.
284, §2.)
(c) Any driver of a vehicle who shall violate any of
the provisions of this Ordinance, shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a
fine of not less than five ($5.00) dollars nor more than fifty ($50.00)
dollars. (Ord. 284, § 3.)
Sec.
23-207. Careless driving.
Whenever in this Ordinance or state law regulating traffic,
or any subsequent or previous enactment of any provisions,
regulation or regulations relating to the same intent or subject
matter thereof, any driver who shall recklessly and carelessly
disregard by non-compliance those provisions, regulation or
regulations authorized to protect person, property, life and
limb, such reckless and careless disregard, and non-compliance
within the meaning of this Ordinance shall be regarded as prima
facie evidence of careless and reckless driving and so punished.
(Ord. 164, §9.)
Sec.
23-208. Careless and imprudent driving of a vehicle or
bicycle.
(a) No person shall drive any self-propelled
vehicle or bicycle upon a public street or highway within the
city, carelessly and imprudently in a willful or wanton disregard
of the right and safety of others or without due caution and care
and in a speed or manner so as to endanger any person or property.
(b) Any person violating the provisions of subsection
(a) shall, on conviction, be subject to a fine of not less than
one ($1.00) dollar nor more than one hundred and fifty ($150.00)
dollars, or to imprisonment to a term not exceeding 30 days, or
to both such fine and imprisonment. (Ord. 442, §§1-2.)
Sec.
23-209. Unlawful to drive on lawns and places used for park
purposes.
(a)
If any person or persons shall
walk, drive or hitch any animal or animals, or drive or park a car, or ride
a horse or any other animal on what is known as the parkway on Pace Boulevard,
now known as Highway 66, in the City of St. James, he or she will be fined a
sum not exceeding fifty ($50.00) dollars.
(Ord. 29, §14.)
(b) It shall be unlawful for any vehicle to travel from one street to another by driving through private or city owned property in order to avoid complying with traffic signs or signals or for the purpose of reducing travel time. (Ord. 828)
(c)
Any person failing, neglecting, or refusing to
comply with the provisions of this Section shall be deemed guilty of an ordinance
violation with a fine of not more than $500 and/or up to 90 days in jail. (Ord.
828)
Sec.
23-210. Offensive odor cargo.
It shall be unlawful for any person or persons driving a
motor vehicle carrying livestock, garbage, carrion, fecal matter,
or any odoriferous cargo, which may be declared a public nuisance
detrimental to public health and welfare to park the same within
two hundred feet of any residence or business establishment (except
for loading or unloading purposes and then not exceeding thirty (30)
minutes) at any area or place in this municipality. It
shall further be unlawful to park such motor vehicle, empty,
which has been hauling 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 municipality, until the same has been thoroughly cleaned and
disinfected according to the orders of health officials. (Ord.
164, §37.)
Sec.
23-211. Transporting dead animals.
(a) All vehicles used in the transportation of
the bodies of dead animals, under the provisions of this
Ordinance, shall have a tank or 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 highways,
streets or alleys and any public nuisance obviated while being
transported.
(b) No person may haul or transport over the
highways, streets, or alleys of this Municipality, the bodies of
dead animals (except those that have been slaughtered and
intended for human food), without first obtaining and holding a
license to transport bodies of dead animals or one who is acting
for such license. (Ord. 164, §38.)
Sec.
23-212. Weight regulations.
(a) No vehicle or combination of vehicles shall
be moved or operated on any highway, street, alley or bridge in
this municipality having a greater weight than that described
under Section 304.180 RSMo, 1994.
(b) Provided further that the local officials and
state highway commission or their legal agents for their
respective jurisdiction, whenever by thawing or frost, rains, or
soft conditions due to construction, reconstruction and
maintenance, adverse critical weather conditions, or other causes
detrimental to the surface or physical condition of such highway,
street, alley or bridge in this municipality, are hereby
authorized to limit such weights described under (a) to such an
amount and in such manner as will preserve their economical use
by the general public. When posted or marked it shall be
unlawful to transport any gross load in excess of the posted
notice, and in addition to conviction and punishment for a
misdemeanor the registered owner thereof shall be held liable in
any court of competent jurisdiction for destructive damages to
the surface and physical conditions pertaining, by an action of
the state, county or other interested person.
(c) Any person, firm, corporation, partnership or
association violating any of the provisions, regulation or
regulations of this Section shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished in
accordance with the provisions of Section 304.240 RSMo. 1994, and
the same rates of punishment shall apply where weights are
limited in excess of those posted to those exceeded under Section
304.180, RSMo. 1994. (Ord. 164, §40; Ord. 668)
Sec.
23-213. Proof of liability insurance - Required.
(a) No person shall operate a motor vehicle on the
streets of the City of
(b) The operator of said motor vehicle shall exhibit
the insurance identification card, or other proof of financial
responsibility, on the demand of any peace officer who lawfully
stops such operator while that officer is engaged in the
performance of the duties of his office. Any violation of
this Ordinance shall be punishable upon conviction by a fine of
not less than fifty dollars ($50.00) and not more than five
hundred dollars ($500.00).
(c) Financial responsibility, for the purposes
of this Section shall be defined as the ability to respond in
damages for liability, on account of accidents occurring and
arising out of the ownership, maintenance, or use of the motor
vehicle, in the amount of twenty-five thousand dollars ($25,000.00)
because of bodily injury to or death of one (1) person in any one
(1) accident, and in the amount of fifty thousand dollars ($50,000.00)
because of bodily injury to or the death of two (2) or more
persons in any one (1) accident, and in the amount of ten
thousand dollars ($10,000.00) because of injury to or destruction
of property of others in any one (1) accident. (Ord. 470,
§1.)
Sec.
23-214. Seat belts and child restraint devices.
(a) Except as otherwise provided in this Section,
each driver and front seat passenger of a passenger car
manufactured after January 1, 1968, operated on a street or
highway in this City shall wear a properly adjusted and fastened
safety belt that meets federal national highway, transportation
act requirements, except that a child less than four years
of age shall be protected as required in Subsection (5) of this
Section. (Ord. 510, §1; Ord. 580, §1)
(b) Each driver of a motor vehicle transporting a
child four years of age or more, but less than sixteen years of
age in a motor vehicle shall secure the child in a property
adjusted and fastened safety belt.
(c) With respect to Subsection (a) and (b) of this
Section:
(1) No person shall be
stopped, inspected or detained solely to determine compliance
with Subsection (a) of this Section.
(2) The provisions of
Subsection (a) and (b) of this Section shall not be applicable to
persons who have a medical reason for failing to have a seat belt
fastened about his or her body or to any person employed by the
United States Postal Service while performing duties for the
federal agency which requires the operator to service postal
boxes from their vehicles, or which require frequent entry into
and exit from their vehicles.
(3) As used in Subsections (a)
and (b) of this Section, the term "passenger car" means
every motor vehicle designed for carrying ten persons or less and
used for the transportation of persons, except that, the term
"passenger car" shall not include motorcycles,
motorized bicycles, motor tricycles and trucks with a gross
weight of 12,000 pounds or more.
(4) Each driver who violates
the provisions of Subsection (a) or (b) of this Section shall
upon conviction, be subject to a fine not to exceed ten dollars
in amount. All other provisions of law and court rules to
the contrary notwithstanding, no court costs may be imposed if
court costs have been assessed on any other charge arising out of
the same occurrence.
(5) Every person transporting
a child under the age of four years on the streets or highways of
this City shall be responsible for transporting such child in a
child passenger restraint system approved by the Missouri
Department of Public Safety. Any person who violates this
subsection shall, upon conviction, be punished by a fine of not
more than twenty-five dollars and court costs. (Ord. 580,
§1)
Sec.
23-215. Passengers in truck beds.
(a) No person shall operate any truck, as defined in
Section 301.010 RSMo. with a licensed gross weight of less than
twelve thousand pounds when such truck is operated within the
corporate limits of this City when any person under eighteen
years of age is riding in the unenclosed bed of such truck when
the truck is in operation. Any person who operates a truck
with a licensed gross weight of less than twelve thousand pounds
in violation of this section shall, upon conviction, be punished
by a fine of not more than $25.00, plus court costs. The
provision of this section shall not apply to:
(1) An employee engaged in
the necessary discharge of the employee's duties where it is
necessary to ride in the unenclosed bed of the truck.
(2) Any person while engaged
in agricultural activities where it is necessary to ride in the
unenclosed bed of the truck.
(3) Any person riding in the
unenclosed bed of a truck while such truck is being operated in a
parade, caravan or exhibition which is authorized by law.
(4) Any person riding in the
unenclosed bed of a truck if such truck has installed a means of
preventing such person from being discharged or such person is
secured to the truck in a manner which will prevent the person
from being thrown, falling or jumping from the truck.
(5) Any person riding in the
unenclosed bed of a truck if such truck is being operated solely
for the purposes of participating in a special event and it is
necessary that the person ride in such unenclosed bed due to a
lack of available seating. "Special event", for
the purposes of this Section, is a specific social activity of a
definable duration which is participated in by the person riding
in the unenclosed bed.
(6) Any person riding in the
unenclosed bed of a truck if such truck is being operated solely
for the purposes of providing assistance to, or ensuring the
safety of, other persons engaged in a recreational activity; or
(7) Any person riding in the
unenclosed bed of a truck if such truck is the only legally
titled, licensed and insured vehicle owned by the family of the
person riding in the unenclosed bed and there is insufficient
room in the passenger cab of the truck to accommodate all
passengers in such truck. For the purposes of this
subdivision the term "family" shall mean any persons
related with the first degree of consanguinity. (Ord. 580,
§2)
Sec.
23-216. Operation of motor vehicles by persons whose operator's
licenses have been suspended or revoked unlawful.
(a) It shall be unlawful for any person to operate a
motor vehicle upon any city street or highway while their
operator's license has been suspended or revoked by the
Department of Revenue pursuant to Chapter 302 of the Revised
Statutes of the State of
(b) Any person found guilty of violation
of this section shall be punished by a fine not exceeding $500.00
or by imprisonment in the county jail for a term not exceeding 90
days or by both such fine and imprisonment. (Ord. 587, §§1-2)
ARTICLE
II
OPERATION
OF VEHICLES
DIVISION
2. DRIVING WHILE INTOXICATED OR IN DRUGGED CONDITION
Sec.
23-217. Driving while intoxicated, drugged.
A person commits the offense of driving while intoxicated if
he operates a motor vehicle while in an intoxicated or drugged
condition. (Ord. 430,. §3.)
Sec.
23-218. Excessive blood alcohol content.
A person commits the offense of driving with excessive blood
alcohol content if he operates a motor vehicle with eight-hundredths
of one percent or more by weight of alcohol in his blood. (Ord.
430, §4; Ord. 727)
Sec.
23-219. Definitions.
"Drive", "driving", "operates",
or "operating" means physically driving or
operating or being in actual physical control of a motor vehicle.
"Intoxicated condition" means when a
person is under the influence of alcohol, a controlled substance
or drug or any combination thereof.
"Law enforcement officer" or
"arresting officer" includes the
definition of law enforcement officer in Subdivision Seventeen (17)
of Section 556.061 RSMo. 1994, as amended. (Ord. 430, §5;
Ord. 679, §1)
Sec.
23-220. Percent by weight of alcohol, defined.
As used herein, the term "percent by weight of alcohol"
shall have the same meaning as provided by state law, in RSMo.
Chap. 577.012. (Ord. 430, §6.)
Sec.
23-221. Chemical test for alcohol content of blood.
(a) If a person under arrest refuses upon request of
the arresting officer to submit to any test allowed under Section
577.020 RSMo. 1994, as amended, then none shall be given and
evidence of the refusal shall be admissible in a proceeding under
Article II, Division 2, of the Code of the City of St. James,
Missouri.
(b) The request of the arresting officer shall
include the reasons of the officer for requesting the person to
submit to a test and also shall inform the person that evidence
of his refusal to take the test may be used against him and that
his license shall be immediately revoked upon his refusal to take
the test.
(c) If a person when requested to submit to any test
allowed under Section 577.020 RSMo. 1994, as amended, requests to
speak to an attorney he shall be granted twenty (20) minutes in
which to attempt to contact an attorney. If upon the completion
of the twenty-minute period the person continues to refuse to
submit to any test, it shall be deemed a refusal. In this event,
the arresting officer shall, on behalf of the Director of Revenue
of the State of
(d) Sub-Sections 2, 3, 4, 5, 6, 7 and 8 of Section
577.041, RSMo. 1994, as amended, are hereby adopted in their
entirety. (Ord. 680, §2)
Sec.
23-222. Procedure on arrest.
Any arrest for driving while intoxicated shall be handled as any
other arrest for an offense of the same severity, except as
follows:
(a) As soon as practicable following such arrest, the
police department shall obtain the driving record of the person
arrested.
(b) No person who has a prior conviction for driving
while intoxicated or driving with excessive blood alcohol content
within 10 years of the date of the present alleged offense shall
be prosecuted through the municipal court until after the state
prosecuting attorney shall have had the opportunity to review the
case and to consider filing appropriate state charges.
(c) No person, regardless of his prior conviction
record, shall be prosecuted through the municipal court where it
appears possible that a charge of vehicular manslaughter (RSMo.
Chap. 577.005) or vehicle injury (RSMo. Chap. 577.008) might be
sustained, until after the state prosecuting attorney shall have
had the opportunity to review the case and to consider filing
appropriate charges.
(d) In all other cases, the city prosecuting attorney
shall have the discretion to file the appropriate charge with the
municipal court or he may refer the case to the state prosecuting
official.
(e) The procedures described herein shall be
directory and not mandatory. The failure to follow the
procedures provided for in this section shall not any
prosecution or be cause to overturn any conviction for violations
of sections (c) or (d) above, but may be reason for discipline of
the city officials violating this section. (Ord. 430, §8.)
Sec.
23-223. Procedure in municipal court.
No person charged with driving while intoxicated (section 23-217)
or driving with blood alcohol content (section 23-218) shall have
his case heard in municipal court except in accordance with the
following procedure:
(a) The defendant must either be represented by an
attorney, or must voluntarily waive his right to such
representation by execution of a written waiver. If the
defendant chooses to do neither (or if because he is an indigent
is unable to employ an attorney), the prosecution of the case
shall be suspended and the case referred to the state prosecuting
official. Only if the state prosecuting official declines
to proceed with a state criminal prosecution shall the municipal
prosecution be resumed.
(b) Neither the municipal judge nor any other
municipal official shall have the power to revoke any operator's
or chauffeur's license. (Ord. 430, §9.)
Sec.
23-224. Driving school.
Effective January 1, 1984, the municipal court may, in
connection with the disposition of any offense which is a "point
offense" resulting in the assessment of 1, 2, 3 or 4 points
by the state director of revenue under the provisions of RSMo.
Chap. 302.302(1), (2) or (4), order the staying of the assessment
of points upon satisfactory completion of a driver improvement
program approved by the state director of the department of
public safety, as provided by RSMo. Chap. 302.302.4. (Ord.
430, §10.)
Sec.
23-225. Reports to highway patrol.
Effective
Sec.
23-226. Penalty.
(a) Any person convicted of driving while
intoxicated shall be fined not less than three hundred ($300.00)
dollars nor more than five hundred ($500.00) dollars, confinement
in the county jail for not more than ninety (90) days, or both
such fine and confinement. No person convicted of or
pleading guilty to the offense of driving while intoxicated shall
be granted a suspended imposition of sentence.
(b) Any person convicted of driving with blood
alcohol content shall be fined not less than one hundred and
fifty ($150.00) dollars nor more than five hundred ($500.00)
dollars, confined in the county jail for not more than ninety (90)
days, or both such fine and confinement.
(c) Upon a plea of guilty or a finding of guilty for
an offense of driving while intoxicated or driving with blood
alcohol content, the court may (as a condition for suspending any
permissible portion of any sentence or in addition to imposition
of any penalties provided by law) order the convicted person to
participate in and successfully complete an alcohol or drug
related traffic offender education or rehabilitation program as
described in RSMo. Chap. 577.049. Such a program may be
used as a condition for suspending any permissible portion of any
sentence only one time. (Ord. 430, §12.)
Sec.
23-227. Full force and effect.
This Ordinance shall be in full force and effect from any
after
Secs.
23-228 to 23-231. Reserved.