Chapter 18

TRAFFIC

CONTENTS

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 1.  DEFINITIONS


§ 18-1.    Purpose.
§ 18-2.    Definitions.
§§ 18-3 to 18-6.  Reserved.

DIVISION 2.  TRAFFIC ADMINISTRATION

§ 18-7.    Police administration.
§ 18-8.    Duty of traffic division.
§ 18-9.    Records of traffic violations.
§ 18-10.  Traffic division to investigate accidents.
§ 18-11.  Traffic accident studies.
§ 18-12.  Traffic accident reports.
§ 18-13.  Driver files to be maintained.
§ 18-14.  Traffic division to submit annual traffic safety report.
§ 18-15.  Traffic division to designate method of identifying funeral processions.
§ 18-16.  City traffic engineer.
§ 18-17.  Emergency and experimental regulations.
§ 18-18.  Traffic commission established - Powers and duties.
§§  18-19 to 18-23.  Reserved.

DIVISION 3.  ENFORCEMENT AND OBEDIENCE
TO TRAFFIC REGULATIONS

§ 18-24.  Authority of police and fire department officials.
§ 18-25.  Obedience to police and fire department officials.
§ 18-26.  Persons propelling push carts or riding animals to obey traffic regulations.
§ 18-27.  Use of coasters, roller skates and similar devices restricted.
§ 18-28.  Public employees to obey traffic regulations.
§ 18-29.  Authorized emergency vehicles.
§ 18-30.  Operation of vehicles on approach of authorized emergency vehicles.
§ 18-31.  Immediate notice of accident.
§ 18-32.  Written report of accident.
§ 18-33.  When driver unable to report.
§ 18-34.  Public inspection of reports relating to accidents.
§§ 18-35 to 18-39.  Reserved.

DIVISION 4.  TRAFFIC CONTROL DEVICES

§ 18-40.  Authority to install traffic control devices.
§ 18-41.  Manual and specifications for traffic control devices.
§ 18-42.  Obedience to traffic control devices.
§ 18-43.  When official traffic control devices required for enforcement purposes.
§ 18-44.  Official traffic control devices - Presumption of legality.
§ 18-45.  Traffic control signal legend - Right turn on red  light, when.
§ 18-46.  Pedestrian control signals.
§ 18-47.  Flashing signals.
§ 18-48.  Lane direction control signs.
§ 18-49.  Display of unauthorized signs, signals or markings.
§ 18-50.  Interference with official traffic control devices or railroad signs or signals.
§ 18-51.  Authority to establish play streets.
§ 18-52.  Play streets.
§ 18-53.  City traffic engineer to designate crosswalks and establish safety zones.
§ 18-54.  Traffic lanes.
§§ 18-55 to 18-59.  Reserved.

DIVISION 5.  SPEED REGULATIONS

§ 18-60.  State speed laws applicable.
§ 18-61.  Regulation of speed by traffic signals.
§§ 18-62 to 18-66.  Reserved.

DIVISION 6.  TURNING MOVEMENTS

§ 18-67.  Required position and method of turning at intersection.
§ 18-68.  Authority to place and obedience to turning markers.
§ 18-69.  Authority to place restricted turn signs.
§ 18-70.  Obedience to no-turn signs.
§ 18-71.  Limitations on turning around.
§§ 18-72 to 18-76.  Reserved.

DIVISION 7.  ONE-WAY STREETS AND ALLEYS

§ 18-77.  Authority to sign one-way streets and alleys.
§ 18-78.  One-way streets and alleys.
§ 18-79.  Authority to restrict direction of movement on streets during certain periods.
§§ 18-80 to 18-84.  Reserved.

DIVISION 8.  THROUGH STREETS, STOP AND YIELD
INTERSECTIONS, RAILROAD CROSSINGS, ETC.

§ 18-85.  Through streets designated.
§ 18-86.  Signs required at through streets.
§ 18-87.  Other intersections where stop and yield required.
§ 18-88.  Stop and yield signs.
§ 18-89.  Vehicle entering stop intersection.
§ 18-90.  Vehicle entering yield intersection.
§ 18-91.  Emerging from alley, driveway or building.
§ 18-92.  Stop when traffic obstructed.
§ 18-93.  Obedience to signal indicating approach of train.
§§ 18-94 to 18-98.  Reserved.

DIVISION 9.  MISCELLANEOUS DRIVING RULES

§ 18-99.     Following fire apparatus prohibited.
§ 18-100.   Crossing fire hose.
§ 18-101.   Driving through funeral or other procession.
§ 18-102.   Driving in procession.
§ 18-103.   Funeral procession to be identified.
§ 18-104.   When permits required for parades and processions.
§ 18-105.   Vehicle shall not be driven on a sidewalk.
§ 18-106.   Limitations on backing.
§ 18-107.   Opening and closing vehicle doors.
§ 18-108.   Riding on motorcycles.
§ 18-109.   Riding bicycle on sidewalks.
§ 18-110.   Clinging to vehicle.
§ 18-111.   Controlled access.
§ 18-112.   Railroad trains not to block streets.
§ 18-113.   Driving through safety zone prohibited.
§ 18-114.   Operation of motor vehicles in city parks.
§§ 18-115 to 18-118.  Reserved.

DIVISION 10.  PEDESTRIANS' RIGHTS AND DUTIES

§ 18-119.   Pedestrians subject to traffic control devices.
§ 18-120.   Pedestrians' right-of-way in crosswalks.
§ 18-121.   Pedestrians to use right half of crosswalks.
§ 18-122.   Crossing at right angles.
§ 18-123.   When pedestrian shall yield.
§ 18-124.   Prohibited crossing.
§ 18-125.   Obedience of pedestrians to bridge and railroad signals.
§ 18-126.   Pedestrians walking along roadways.
§ 18-127.   Drivers to exercise highest degree of care.
§§ 18-128 to 18-132.  Reserved.

DIVISION 11.  METHOD OF PARKING

§ 18-133.   Standing or parking close to curb.
§ 18-134.   Signs and markings indicating angle parking.
§ 18-135.   Obedience to angle parking signs or markers.
§ 18-136.   Permits for loading or unloading at an angle to the curb.
§ 18-137.   Lamps on parked vehicles.
§§ 18-138 to 18-142.  Reserved.

DIVISION 12.  STOPPING, STANDING OR PARKING
PROHIBITED IN SPECIFIED PLACES

§ 18-143.   Stopping, standing or parking prohibited.
§ 18-144.   Parking not to obstruct traffic.
§ 18-145.   Parking in alleys.
§ 18-146.   Parking for certain purposes prohibited.
§ 18-147.   Parking adjacent to schools.
§ 18-148.   Parking prohibited on narrow streets.
§ 18-149.   Standing or parking on one-way streets.
§ 18-150.   Standing or parking on one-way roadways.
§ 18-151.   No stopping, standing or parking near hazardous or congested places.
§§ 18-152 to 18-156.  Reserved.

DIVISION 13.  STOPPING FOR LOADING
OR UNLOADING ONLY

§ 18-157.   City traffic engineer to designate curb loading zones.
§ 18-158.   Permits for curb loading zones.
§ 18-159.   Standing in passenger curb loading zone.
§ 18-160.   Standing in freight curb loading zones.
§ 18-161.   City traffic engineer to designate public carrier stops and stands.
§ 18-162.   Stopping, standing and parking of buses and taxicabs regulated.
§ 18-163.   Restricted use of bus and taxicab stands.
§§ 18-164 to 18-168.  Reserved.

DIVISION 14.  STOPPING, STANDING OR PARKING
RESTRICTED OR PROHIBITED ON CERTAIN STREETS

§ 18-169.   Application of chapter.
§ 18-170.   Regulations not exclusive.
§ 18-171.   Parking prohibited at all times on certain streets.
§ 18-172.   Parking prohibited during certain hours on certain streets.
§ 18-173.   Stopping, standing or parking prohibited during certain hours on certain streets.
§ 18-174.   Parking signs required.
§ 18-175.   Commercial vehicles prohibited from using certain streets.
§§ 18-176 to 18-180.  Reserved.

DIVISION 15.  TRAFFIC VIOLATIONS BUREAU

§ 18-181.   When person charged may elect to appear at bureau.
§ 18-182.   Duties of traffic violations bureau.
§ 18-183.   Traffic violations bureau to keep records.
§ 18-184.   Additional duties of traffic violations bureau.
§§ 18-185 to 18-189.  Reserved.

DIVISION 16.  PROCEDURE ON ARREST

§ 18-190.   Forms and records of traffic citations and arrests.
§ 18-191.   Procedure of police officers.
§ 18-192.   Uniform traffic ticket to be issued when vehicle illegally parked or stopped.
§ 18-193.   Warning of arrest sent upon failure to appear.
§ 18-194.   Police may remove vehicle - When.
§§ 18-195 to 18-199.  Reserved.

DIVISION 17.  ADOPTION - SEVERABILITY - PENALTY

§ 18-200.   Cities may adopt ordinance by reference.
§ 18-201.   Severability.
§ 18-202.   Penalty.
§§ 18-203 to 18-207.  Reserved.

ARTICLE II.  CAUTION SIGNALS DESIGNATED

§ 18-208.   General.
§§ 18-209 to 18-213.  Reserved.

ARTICLE III.  PARKING PROHIBITED AT ALL TIMES
ON CERTAIN STREETS

§ 18-214.   On Missouri Highway 42.
§ 18-215.   North side 4th Street.
§ 18-216.   Parking spaces for physically disabled individuals.
§ 18-217.   Parking prohibited after school hours.
§§ 18-218 to 18-230.  Reserved.

ARTICLE IV.  ANGLE PARKING AUTHORIZED

§ 18-231.   Courthouse Square.
§ 18-232.   Time limitations on described Courthouse Square parking.
§§ 18-233 to 18-236.  Reserved.

ARTICLE V.  SPEED REGULATIONS

DIVISION 1.  IN GENERAL

§ 18-237.   Speed laws applicable.
§ 18-238.   General.
§ 18-239.   Maximum speed within city limits.
§§ 18-240 to 18-244.  Reserved.

DIVISION 2.  SPEED ZONES DESIGNATED

§ 18-245.   U.S. 63 and State Highway 42 within city limits.
§ 18-246.   Portions of Missouri State Highway 42 and Maries County Route V
§§ 18-247 to 18-250.  Reserved.

ARTICLE VI.  UNOBSTRUCTED STREETS

§ 18-251.   General.
§§ 18-252 to 18-256.  Reserved.

ARTICLE VII.  MOTOR VEHICLE OPERATION AND
VEHICLE REQUIREMENTS

DIVISION 1.  OPERATION OF VEHICLES

§ 18-257.   Prudent driving required.
§ 18-258.   Passing school busses.
§ 18-259.   Dangerously loaded vehicles.
§ 18-260.   Careless driving.
§ 18-261.   Possession of Valid Operator's License and Registration and Licensing of Motor Vehicles required.
§ 18-262.   Seat belts and child restraint devices.
§ 18-263.   Passengers in truck beds.
§ 18-264.   Driving while license or driving privilege is canceled, suspended or revoked.
§ 18-265.   Duty to maintain financial responsibility.

DIVISION 2.  VEHICLE REQUIREMENTS

§ 18-266.   Effective exhaust systems required.
§ 18-267.   Transporting dead animals.
§ 18-268.   Offensive odor cargo.
§ 18-269.   Unmuffled engine braking.
§§ 18-270 to 18-273.  Reserved.

DIVISION 3.  DRIVING UNDER INFLUENCE OF INTOXICANTS

§ 18-274.   Driving while intoxicated.
§ 18-275.   Driving with excessive blood alcohol content.
§ 18-276.   Definitions.
§ 18-277.   Implied consent.
§ 18-278.   Chemical tests, results admitted into evidence and refusal to submit to chemical tests admitted into evidence.
§ 18-279.   Refusal to submit to chemical tests.
§ 18-280.   Procedure in Municipal Division.
§ 18-281.   Substance Abuse Programs.
§ 18-282.   Penalty provision.
§ 18-283.   Reimbursement of cost for alcohol and drug-related offenses..
§§ 18-284 to 18-290.  Reserved.

ARTICLE VIII.  WEIGHT REGULATIONS

§ 18-291.   General.
§§ 18-292 to 18-296.  Reserved.

ARTICLE IX.  REGULATION OF ANIMALS AND RIDERS

§ 18-297.   Fast riding.
§ 18-298.   Hitching to fences or trees.
§§ 18-299 to 18-303.  Reserved.

ARTICLE X.  REGULATION OF BICYCLES AND RIDERS

§ 18-304.   Regulating the riding of bicycles.
§§ 18-305 to 18-309.  Reserved.

ARTICLE X. OPEN ALCOHOL CONTAINERS

§ 18-310.   Definitions.
§ 18-311.   Consumption of alcoholic beverages while operating a motor vehicle.
§ 18-312.   Transportation of alcoholic beverages.
§ 18-313.   Consumption of alcoholic beverages by passengers on transit.
§ 18-314.   Consumption of alcoholic beverages by passengers in a recreational motor vehicle.
§ 18-315.   Penalty.
§§ 18-316 to 18-320.  Reserved.

Chapter 18

TRAFFIC 

ARTICLE I
MODEL TRAFFIC ORDINANCE*

DIVISION 1.  DEFINITIONS

Sec. 18-1.  Purpose.

      Relating to and in compliance with Article IV, Section 30 of the Constitution of this State, Sections 226.190 and 226.150 RSMo. 1986 and Section 12 of the Federal Highway Aid Act, and as a condition to the receipt of federal aid funds, on all state or federal marked highways within this municipality, the warrant for, the location, form and character of informational, regulatory and warning signs, curb and pavement markings and traffic signals installed or placed by any public authority or other agency shall be subject to the approval of the Missouri State Highway Commission, and where federal aid has been used, with the concurrence of the Federal Bureau of Public Roads.  (§2301.005, 1978 Code.

Sec. 18-2.  Definitions.

      The following words and phrases when used in this Chapter mean:

      Alley or alleyway - Any street with a roadway of less than twenty feet in width.

      Authorized emergency vehicle - A vehicle publicly owned and operated as an ambulance, or a vehicle publicly owned and operated by the state highway patrol, police or fire department, sheriff or constable or deputy sheriff or traffic officer, or any privately owned vehicle operated as an ambulance when responding to emergency calls.

      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.

      Central business (or traffic) district - All streets and portions of streets within the area described by city ordinance as such;

      Commercial vehicle - Every vehicle designed, maintained, or used primarily for the transportation of property.

      Congested area - A highway, street or alley intermittently or continuously overcrowded due to a lack of mobility or means and method of progression and where traffic cannot execute regular movements with a reasonable degree of safety.  (§2301.010, 1978 Code)

      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 in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway.

      Crosswalk - (a)  That part of a roadway at an intersection 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 traversable 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.

      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.

      Driver - Every person who drives or is in actual physical control of a vehicle.

      Freight curb loading zone - A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight (or passengers).

      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.

      Improved highway, road or street - A highway, road or street which has been paved with gravel, macadam, concrete, brick or asphalt, or surfaced in such a manner that the same presents a hard, durable and smooth traveling surface.  (§2301.010, 1978 Code)

      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 different highways joining at any other angle may come in conflict;

      (b) Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection.  In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.

      Laned roadway - A roadway which is divided into two or more clearly marked lanes for vehicular traffic.

      Motor bus - A motor vehicle designed or regularly used for transporting more than nine passengers.  (§2301.010, 1978 Code)

      Motor tricycle - A motor vehicle operated on three wheels, including a motorcycle while operated with any conveyance temporarily or otherwise, requiring the use of a third wheel.  (§2301.010, 1978 Code)

      Motor vehicle - Any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.

      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.

      Motorized bicycle - Any two-wheeled 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.

      No passing zones - Zones determined and indicated by signs or markings where overtaking and passing is deemed unsafe, and under this order is declared unlawful.  (§2301.010, 1978 Code)

      Official time standard  - Whenever certain hours are named herein they shall mean standard time or daylight  saving time as may be in current use in the city.

      Official traffic control devices - All signs, signals, markings and devices not inconsistent with this Chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

      One way streets or highways - A street or highway where vehicles are by regulation required to move in one direction only and when standard signs, signals and markings are so placed as to indicate the direction of such movement.  (§2301.010, 1978 Code)

      Owner - A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession, vested in the conditional vendee or lessee, or in event the mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this order.  (§2301.010, 1978 Code)

      Park or parking - The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

      Passenger curb loading zone - A place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

      Pedestrian - Any person afoot.

      Person - Every natural person, firm, copartnership, association or corporation.

      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.

      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.

      Railroad - A carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.

      Railroad signs or signal - Any sign, signal or device erected by authority of a public body or official or by a rialroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.  (§2301.010, 1978 Code)

      Railroad train - A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.

      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 improved with residences or residences and buildings in use for business.

      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.

      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.

      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.

      School bus - Every motor vehicle owned by a private, public or governmental agency and operated for the transportation of pupils or others to or from school, or privately owned and operated for compensation or hire from the transportation of pupils or others to or from school.  (§2301.010, 1978 Code)

      School zone - A space or any portion of a highway, road, street or alley lawfully designated and duly posted for the general safety of persons proceeding to and from any public, private or parochial school.  (§2301.010, 1978 Code)

      Service car - A motor vehicle other than a "motor bus" offered for or engaged in carrying passengers for hire over a designated route and for a fixed fare.  (§2301.010, 1978 Code)

      Speed zones - Zones determined from an engineering and traffic study, and indicated with posted prima facie speed limit numeral signs or markings, which designate maximum reasonable speeds; and travel in excess thereof is under this order unlawful.  (§2301.010, 1978 Code)

      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.

      Stand or standing - The halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.

      Stop - When required, complete cessation from movement.

      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.

      Street or highway - The entire width between the lines of every way publicly maintained when any part thereof is open to the uses of the public for purposes of vehicular travel.  "State Highway", a highway maintained by the State of Missouri as a part of the state highway system.

      Taxicab - A motor vehicle other than "motor bus" or "service car" offered for or engaged in carrying passengers for hire.  (§2301.010, 1978 Code)

      Throughway or Through highway - (a) 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 Chapter;

      (b) Every street, alley or highway, or portion thereof, at the entrance to which vehicular traffic from intersecting streets, alleys or highways is required to stop before entering and crossing the same and when stop signs are erected as provided by this order.  (§2301.010, 1978 Code)

      Tractor - Any motor vehicle designed primarily for agricultural use, or used as a traveling power plant, or for drawing other vehicles or farm or road building implements or use, and having no provision for carrying loads independently.  (§2301.010, 1978 Code)

      Traffic - Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel.

      Traffic congestion - The act of creating traffic disorder, tumult and perplexity on the part of the other driver, and where mobility of traffic is considered hazardous.  (§2301.010, 1978 Code)

      Traffic control signal - Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

      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.

      Trailer - Any vehicle without motive power designed for carrying property or passengers on its own structure and for being drawn by a self-propelled vehicle, except those running exclusively on tracks, and including a semitrailer or vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight rests upon and is carried by the towing vehicle.  (§2301.010, 1978 Code)

      Truck - Every motor vehicle designed, used, or maintained primarily for the transportation of property.  (§2301.010, 1978 Code)

      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.  (Ord. 38, §300.010)

      Vend or vending - To peddle, sell or display for sale or exhibition any merchandise or materials which act may, or tends to, create traffic confusion or congestion and in the opinion of the authorities having jurisdiction the same creates or constitutes a traffic hazard.  (§2301.010, 1978 Code)

Secs. 18-3 to 18-6.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 2.  TRAFFIC ADMINISTRATION 

Sec. 18-7.  Police administration.

      There is established in the police department of the City of Vienna a traffic division to be under the control of an officer of police appointed by and directly responsible to the chief of police.  (Ord. 38, §300.015)

Sec. 18-8.  Duty of traffic division.

      The traffic division with such aid as may be rendered by other members of the police department shall be empowered to 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 Chapter and the traffic ordinances of the city.  (Ord. 38, §300.020)

Sec. 18-9.  Records of traffic violations.

      (a) 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, together with a record of the final disposition of all such illegal offenses.  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.

      (b) All forms for records of violations and notices of violations shall be serially numbered.  For each month and year a written record shall be kept available to the public showing the disposal of all such forms.

      (c) All such records and reports shall be public records, except as may be otherwise provided by law.  (Ord. 38, §300.025)

Sec. 18-10.  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 and to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.  (Ord. 38, §300.030)

Sec. 18-11.  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.  (Ord. 38, §300.035)

Sec. 18-12.  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.  (Ord. 38, §300.040)

Sec. 18-13.  Driver files to be maintained.

      The police department or the traffic division thereof shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions, and complaints reported for each driver, which shall be filed alphabetically under the name of the driver concerned.  (Ord. 38, §300.045)

Sec. 18-14.  Traffic division to submit annual traffic safety report.

      The traffic division shall annually prepare a traffic report which shall be filed with the mayor.  Such report shall contain information on traffic matters in the city as follows:

      (a) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data;

      (b) The number of traffic accidents investigated and other pertinent data on the safety activities of the police;

      (c) The plans and recommendations of the division for future traffic safety activities.  (Ord. 38, §300.050)

Sec. 18-15.  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.  (Ord. 38, §300.055)

Sec. 18-16.  City traffic engineer.

      (a) The office of city traffic engineer is established.  The city engineer or other designated city official shall serve as city traffic engineer in addition to his other functions, and shall exercise the powers and duties with respect to traffic as provided in this Chapter.

      (b) The 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.  (Ord. 38, §300.060)

Sec. 18-17.  Emergency and experimental regulations.

      (a) The chief of police by and with the approval of the 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.  So such temporary or experimental regulation shall remain in effect for more than ninety days.

      (b) The city traffic engineer may test traffic control devices under actual conditions of traffic.  (Ord. 38, §300.065)

Sec. 18-18.  Traffic commission established - Powers and duties.

      (a) There is established a traffic commission to serve without compensation, consisting of the city traffic engineer, the chief of police or in his discretion as his representative the chief of the traffic division, the chairman of the board of aldermen traffic committee, and one representative each from the city engineer's office and the city attorney's office and such number of other city officers and representatives of unofficial bodies as may be determined and appointed by the mayor.  The chairman of the commission shall be appointed by the mayor and may be removed by him.

      (b) It shall be the duty of the traffic commission, and to this end it shall have the authority within the limits of the funds at its disposal, to coordinate traffic activities, to supervise the preparation and publication of traffic reports, to receive complaints having to do with traffic matters, and to recommend to the legislative body of the city and to the city traffic engineer, the chief of the traffic division, and other city officials ways and means for improving traffic conditions and the administration and enforcement of traffic regulation.  (Ord. 38, §300.070)

Secs.  18-19 to 18-23.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 3.  ENFORCEMENT AND OBEDIENCE
TO TRAFFIC REGULATIONS 

Sec. 18-24.  Authority of police and fire department officials.

      (a) 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.

      (b) 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 conditions may require notwithstanding the provisions of the traffic laws.

      (c) 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.  (Ord. 38, §300.075)

Sec. 18-25.  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.  (Ord. 38, §300.080)

Sec. 18-26.  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 Chapter applicable to the driver of any vehicle, except those provisions of this Chapter which by their very nature can have no application.  (Ord. 38, §300.085)

Sec. 18-27.  Use of coasters, roller skates and similar devices restricted.

      No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.  This Section shall not apply upon any street while set aside as a play street as authorized by ordinance of the city.  (Ord. 38, §300.090)

Sec. 18-28.  Public employees to obey traffic regulations.

      The provisions of this Chapter shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this State, County, or City, and it shall be unlawful for any said driver to violate any of the provisions of this Chapter, except as otherwise permitted in this Chapter.  (Ord. 38, §300.095)

Sec. 18-29.  Authorized emergency vehicles.

      (a) 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.

      (b) The driver of an authorized emergency vehicle may:

 (1)      Park or stand, irrespective of the provisions of this Chapter;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down 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.

      (c) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with 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.

      (d) 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 provisions protect the driver from the consequences of his reckless disregard for the safety of others.  (Ord. 38, §300.100)

Sec. 18-30.  Operation of vehicles on approach of authorized emergency vehicles.

      (a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the law of this State, or of a police vehicle properly and lawfully making use of an audible signal only:

(1) The driver of every other motor 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) Upon the approach of an authorized emergency vehicle, as above stated, the motorman of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until  the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

      (b) 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.  (Ord. 38, §300.105)

Sec. 18-31.  Immediate notice of accident.

      The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of five hundred dollars or more to one person shall immediately by the quickest means of communication give notice of such accident to the police department if such accident occurs within the city.  (Ord. 38, §300.110)

Sec. 18-32.  Written report of accident.

      The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of five hundred dollars or more to one person shall, within five days after such accident, forward a written report of such accident to the police department.  The provisions of this Section shall not be applicable when the accident has been investigated at the scene by a police officer while such driver was present thereat.  (Ord. 38, §300.115)

Sec. 18-33.  When driver unable to report.

      (a) Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in Section 18-31 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.

      (b) Whenever the driver is physically incapable of making a written report of an accident as required in Section 18-32 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five days after the accident make such report not made by the driver.  (Ord. 38, §300.120)

Sec. 18-34.  Public inspection of reports relating to accidents.

      (a) All written reports made by persons involved in accidents or by garages shall be without prejudice to the individual so reporting and shall be for the confidential use of the police department or other governmental agencies having use for the records for accident prevention purposes, except that the police department or other governmental agency may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident.

      (b) No written reports forwarded under the provisions of this Section shall be used as evidence in any trial, civil or criminal, arising out of an accident except that the police department shall furnish upon demand of any party to such trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law, and, if such report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved, and the investigating officers.  (Ord. 38, §300.125)

Secs. 18-35 to 18-39.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 4.  TRAFFIC CONTROL DEVICES 

Sec. 18-40.  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 under state law or to guide or warn traffic.  (Ord. 38, §300.130)

      (b) The proper officials of this municipality, and the State Highway Commission for state and federal marked highways, or their legal agents, are hereby authorized:

            (1) To designate and establish speed, safety and hazard zones of such kind, character and number, and at such places as deemed warranted and necessary, and which will be of the greatest benefit to the general public.

            (2) To erect warning and informational signs or markings at a distance from certain locations which are deemed by them to be dangerous and hazardous, and such other informational signs deemed beneficial to the general public or as a warning to the general public.

            (3) To designate and mark lanes for traffic and no passing zones, as they are deemed warranted and beneficial to the general public, consistent with state laws and this Chapter.

            (4) To erect or place signs and markings establishing crossovers or crosswalks or prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in their opinion such stopping, standing and parking of any vehicle or obstruction would unduly interfere with the free movement of traffic thereon.  Every person shall legally observe such signs and markings as authorized hereunder or by state law.

            (5) To designate, establish, and prescribe rules and regulations for the operation thereof of bus stops, loading and unloading zones and taxicab stands, and in such places and in such manner as they shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, loading and unloading zone and taxicab stand shall be designated by appropriate signs.  Every person shall legally observe the rules so authorized hereunder.

            (6) To prescribe rules and regulations for the vending, display or sale of merchandise and other wares or products upon any portion of the highways, streets and alleys in this municipality, and when signs and markings are placed depicting "No Vending" or words to that effect, every person shall legally observe such signs, markings, rules, regulation or regulations.

            (7) To designate, post and mark one way roadways rotary traffic islands,and city squares for one way traffic to the right.

            (8) To designate certain highways, streets and alleys in this municipality as throughways or through streets and highways, and all traffic shall come to a complete STOP before entering or crossing such, when properly sign posted and marked.

      (c) The local officials and the State Highway Commission, or their agents, in their respective jurisdiction, are hereby authorized to designate, mark or sign post certain church, school and playground stops, relating to a warrant for safeguarding person, property, life and limb, and of a type and number best suited to the needs of the general public, and producing the least delay to through moving traffic.  (§2301.130, 1978 Code)

Sec. 18-41.  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 commission or resolution adopted by the board of aldermen.  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 Chapter shall be official traffic control devices.  (Ord. 38, §300.135)

Sec. 18-42.  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 Chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Chapter.  (Ord. 38, §300.140)

Sec. 18-43.  When official traffic control devices required for enforcement purposes.

      No provision of this Chapter 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 particular 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.  (Ord. 38, §300.145)

Sec. 18-44.  Official traffic control devices - Presumption of legality.

      (a) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this Chapter, 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.

      (b) Any official traffic control device placed pursuant to the provisions of this Chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this Chapter, unless the contrary shall be established by competent evidence.  (Ord. 38, §300.150)

      (c) The use of, and results determined, by any speed meter, machine or mechanism which seeks to reduce the error of manual operation to a minimum, shall be acceptable as evidence where driving in excess of posted speed limits is the cause of action; except the use thereof shall not be construed to exclude any competent evidence secured by any other manner or means.  (§2301.150, 1978 Code)

Sec. 18-45.  Traffic control signal legend - Right turn on red light, when.

      Whenever traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and said lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

      (a) Green indication:

(1) 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 an adjacent cross walk at the time such signal is exhibited;

(2) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make 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 an adjacent crosswalk and to other traffic lawfully using the intersection; 

(3) Unless otherwise directed by a pedestrian control signal as provided in Section 18-46, 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 crosswalk.

      (b) Steady yellow indication:

(1) Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection;

 (2)      Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in Section 18-46, 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.

      (c) Steady red indication:

(1) Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk 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 (2) of this subdivision;

(2) 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 highways and transportation commission with reference to an intersection involving a state highway, and local authorities with reference to an intersection 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;

(3) Unless otherwise directed by a pedestrian control signal as provided in Section 18-46 pedestrians facing a steady red signal alone shall not enter the roadway.

      (d) 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 stop 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.  (Ord. 38, §300.155)

Sec. 18-46.  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:

      (a) "Walk" - Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles.

      (b) "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.  (Ord. 38, §300.160)

Sec. 18-47.  Flashing signals.

      (a) 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 crosswalk at an intersection 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.

      (b) 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 18-93 of this Chapter.  (Ord. 38, §300.165)

Sec. 18-48.  Lane direction control signs.

      When lane direction control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown.  (Ord. 38, §300.170)

Sec. 18-49.  Display of unauthorized signs, signals or markings.

      (a) 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 official 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.  (Ord. 38, §300.175)

      (b) No person shall place and maintain, nor shall the County Court permit on any street, alley or highway in said County, any traffic control sign, signal, or marking bearing thereon commercial advertising.  This shall not be deemed to prohibit the erection on private property adjacent thereto, "provided such do not hide from view the effectiveness of any official traffic control signs, signals, markings or devices, or railroad signs and signals," of signs giving useful information and of a type that cannot be mistaken for those official.

      (c) Every such prohibited sign, signal, marking, device or other obstruction to expeditious traffic movement, is hereby declared a public nuisance and the authority having jurisdiction is hereby empowered to remove the same or cause such to be removed without due notice.  (§2301.175, 1978 Code)

Sec. 18-50.  Interference with official traffic control devices or railroad signs or signals.

      No 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.  (Ord. 38, §300.180)

Sec. 18-51.  Authority to establish play streets.

      The city traffic engineer shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same.  (Ord. 38, §300.185)

Sec. 18-52.  Play streets.

      Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof.  (Ord. 38, §300.190)

Sec. 18-53.  City traffic engineer to designate crosswalks and establish safety zones.

      The city traffic engineer is hereby authorized:

      (a) To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary.

      (b) To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.  (Ord. 38, §300.195)

Sec. 18-54.  Traffic lanes.

      (a) 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.

      (b) 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 turning movement.  (Ord. 38, §300.200)

Secs. 18-55 to 18-59.  Reserved.

ARTICLE I
TRAFFIC ORDINANCE

DIVISION 5.  SPEED REGULATIONS 

Sec. 18-60.  State speed laws applicable.

      The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within the city, except that the city may by ordinance declare and determine upon the basis of engineering and traffic investigation that certain speed regulations shall be applicable upon specified streets or in certain areas, in which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared when signs are in place giving notice thereof, but no city ordinance shall regulate the speed of vehicles upon controlled access highways of the state.  (Ord. 38, §300.205)

Sec. 18-61.  Regulation of speed by traffic signals.

      The city traffic engineer is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections and shall erect appropriate signs giving notice thereof.  (Ord. 38, §300.210)

Secs. 18-62 to 18-66.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 6.  TURNING MOVEMENTS 

Sec. 18-67.  Required position and method of turning at intersection.

      The driver of a vehicle intending to turn at an intersection shall do so as follows:

      (a) Right turns - Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

      (b) Left turns on two-way roadways - At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such  center line where it enters the intersection 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.  Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

      (c) Left turns on other than two-road roadways - At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.  (Ord. 38, §300.215)

Sec. 18-68.  Authority to place and obedience to turning markers.

      (a) The city traffic engineer is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.

      (b) When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.  (Ord. 38, §300.220)

Sec. 18-69.  Authority to place restricted turn signs.

      The city traffic engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such intersections.  The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.  (Ord. 38, §300.225)

Sec. 18-70.  Obedience to no-turn signs.

      Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.  (Ord. 38, §300.230)

Sec. 18-71.  Limitations on turning around.

      The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic.  (Ord. 38, §300.235)

Secs. 18-72 to 18-76.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 7.  ONE-WAY STREETS AND ALLEYS 

Sec. 18-77.  Authority to sign one-way streets and alleys.

      Whenever any ordinance of the city 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 movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.  (Ord. 38, §300.240)

Sec. 18-78.  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 intersection where movement in the opposite direction is prohibited.  (Ord. 38, §300.245)

Sec. 18-79.  Authority to restrict direction of movement on streets during certain periods.

      (a) The city traffic engineer is hereby authorized to determine and designate streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day and shall place and maintain appropriate markings, signs, barriers or other devices to give notice thereof.  The city traffic engineer may erect signs temporarily designating lanes to be used by traffic moving in one particular direction, regardless of the center line of the roadway.

      (b) It shall be unlawful for any person to operate any vehicle in violation of such markings, signs, barriers or other devices so placed in accordance with this Section.   (Ord. 38, §300.250)

Secs. 18-80 to 18-84.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 8.  THROUGH STREETS, STOP AND YIELD
INTERSECTIONS, RAILROAD CROSSINGS, ETC. 

Sec. 18-85.  Through streets designated.

      (a) Those streets and parts of streets described by ordinances of the city are declared to be through streets for the purposes of Sections 18-85 to 18-93.  (Ord. 38, §300.255)

      (b) By this Chapter all state and federal marked highways within this municipality are hereby declared throughways and all traffic operating in such municipality shall come to a complete stop, before operating onto or across such declared throughways.  (§2301.255, 1978 Code)

Sec. 18-86.  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, or on the basis of an engineering and traffic investigation at any intersection a yield sign, on each and every street intersecting such through street unless traffic at any such intersection is controlled at all times by traffic control signals; provided, however, that at the intersection of two such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of said streets as may be determined by the city traffic engineer upon the basis of an engineering and traffic study.  (Ord. 38, §300.260)

      (b) When a 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) 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) Noncompliance and careless and reckless disregard of the provisions of this Section shall be deemed within the meaning of this Chapter and the judgment of the police officer enforcing as prima facie evidence of careless and reckless driving and so punished.  (§2301.260, 1978 Code)

Sec. 18-87.  Other intersections where stop and yield required.

      The city traffic engineer is hereby authorized to determine and designate intersections where particular hazard exists upon other than through streets and to determine whether vehicles shall stop at one or more entrances to any such intersection, in which event he shall cause to be erected a stop sign at every such place where a stop is required, or whether vehicles shall yield the right of way to vehicles on a different street at such intersection as prescribed in Section 18-90, in which event he shall cause to be erected a yield sign at every place where obedience thereto is required.  (Ord. 38, §300.265)

Sec. 18-88.  Stop and yield signs.

      (a) The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, 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 intersecting roadway.

      (b) 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 before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, 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 intersecting roadway before entering the intersection.  (Ord. 38, §300.270)

Sec. 18-89.  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 (b) of Section 18-88, 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.  (Ord. 38, §300.275)

Sec. 18-90.  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 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 during the time such driver is moving across or within the intersection; provided, however, that if such a driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right of way.  (Ord. 38, §300.280)

Sec. 18-91.  Emerging from alley, driveway or building.

      The driver of a vehicle within a business or residence district emerging from an alley, driveway 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 collision, and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway.  (Ord. 38, §300.285)

Sec. 18-92.  Stop when traffic obstructed.

      No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.  (Ord. 38, §300.290)

Sec. 18-93.  Obedience to signal indicating approach of train.

      (a) Whenever any person driving a vehicle approaches a railroad grade crossing under any 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.

      (b) 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.  (Ord. 38, §300.295)

Secs. 18-94 to 18-98.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 9.  MISCELLANEOUS DRIVING RULES 

Sec. 18-99.  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.  (Ord. 38, §300.300)

Sec. 18-100.  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 fire, without the consent of the fire department official in command.  (Ord. 38, §300.305)

Sec. 18-101.  Driving through funeral or other procession.

      No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this Chapter.  This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers.  (Ord. 38, §300.310)

Sec. 18-102.  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.  (Ord. 38, §300.315)

Sec. 18-103.  Funeral procession to be identified.

      (a) A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the traffic division.  (Ord. 38, §300.320)

      (b) A funeral composed of a successive procession of vehicles and pedestrians afoot shall be identified as such by the display of a sufficient number of pennants to readily identify the same with not less of such pennants than one at the rear and front of such procession and intermediately such number and of a type as may be designated by local officials or their agents.  (§2301.320, 1978 Code)

Sec. 18-104.  When permits required for parades and processions.

      No funeral, procession or parade containing two hundred or more persons or fifty or more vehicles except the forces of the United States Army or Navy, the military forces of this state and the forces of the police and fire departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the chief of police and such other regulations as are set forth herein which may apply.  (Ord. 38, §300.325)

Sec. 18-105.  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.  (Ord. 38, §300.330)

Sec. 18-106.  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.  (Ord. 38, §300.335)

Sec. 18-107.  Opening and closing vehicle doors.

      No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.  (Ord. 38, §300.340)

Sec. 18-108.  Riding on motorcycles.

      (a) 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 event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator.

      (b) The operator of a motorized bicycle shall ride only astride the permanent and regular seat attached thereto, and shall not permit more than one person to ride thereon at the same time, unless the motorized bicycle is designed to carry more than one person.  Any motorized bicycle designed to carry more than one person must be equipped with a passenger seat and footrests for the use of a passenger.  (Ord. 38, §300.345)

Sec. 18-109.  Riding bicycle on sidewalks.

      (a) No person shall ride a bicycle upon a sidewalk within a business district.

      (b) 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.

      (c) No person shall ride a motorized bicycle upon a sidewalk.  (Ord. 38, §300.347)

Sec. 18-110.  Clinging to vehicle.

      No person riding upon any bicycle, motorized bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.  (Ord. 38, §300.350)

Sec. 18-111.  Controlled access.

      No person shall drive a vehicle onto or from any controlled access roadway except at such entrances and exits as are established by public authority.  (Ord. 38, §300.355)

Sec. 18-112.  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 street 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.  (Ord. 38, §300.360)

Sec. 18-113.  Driving through safety zone prohibited.

      No vehicle shall at any time be driven through or within a safety zone.  (Ord. 38, §300.365)

Sec. 18-114.  Operation of motor vehicles in city parks.

      (a) No person in a city park shall fail to comply with applicable provisions of the State Motor Vehicle Traffic Laws and City of Vienna Ordinances in regard to equipment and operation of vehicles, specifically including this ordinance.

      (b) No person in a city park shall fail to obey all City of Vienna traffic officers and City of Vienna park employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets and roads immediately adjacent thereto in accordance with the provisions of this ordinance and such supplementary ordinances or regulations as may be issued by the park director or the City of Vienna.

      (c) No person in a city park shall fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for proper control and to safeguard life and property.

      (d) No person in a city park shall ride or drive a vehicle at a rate of speed exceeding 10 miles per hour.

      (e) No person in a city park shall drive, ride or operate any vehicle on any area except the paved park roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas.

      (f)  Any violation of this provision of the ordinances of the City of Vienna shall be punished pursuant to the penalty provisions of Section 18-202 of Article I, Division 17 of the ordinances of the City of Vienna and any vehicle improperly parked shall be subject to impoundment by the police department as provided in Section 18-194 of Article I, Division 16 of the City Ordinances of the City of Vienna.

      (g) Any and all ordinances or portions thereof in conflict herewith are herewith repealed.  (Ord. 56, §§ 1 & 2)

Secs. 18-115 to 18-118.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 10.  PEDESTRIANS' RIGHTS AND DUTIES 

Sec. 18-119.  Pedestrians subject to traffic control devices.

      Pedestrians shall be subject to traffic control signals as heretofore declared in Sections 18-45 and 18-46 of this Chapter, but at all  other places pedestrians shall be granted those rights and be subject to the restrictions stated in Sections 18-119 to 18-127.  (Ord. 38, §300.370)

Sec. 18-120.  Pedestrians' right-of-way in crosswalks.

      (a) 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 if need be to so yield, to a pedestrian crossing the roadway within a crosswalk 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.

      (b) 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.

      (c) Subsection (a) shall not apply under the conditions stated in subsection  (b) of Section 18-123.

      (d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.   (Ord. 38, §300.375)

Sec. 18-121.  Pedestrians to use right half of crosswalks.

      Pedestrians shall move, whenever practicable, upon the right half of crosswalks.  (Ord. 38, §300.380)

Sec. 18-122.  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 crosswalk.  (Ord. 38, §300.385)

Sec. 18-123.  When pedestrian shall yield.

      (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.

      (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.

      (c) The foregoing rules in this Section have no application under the conditions stated in Section 18-124 when pedestrians are prohibited from crossing at certain designated places.  (Ord. 38, §300.390)

Sec. 18-124.  Prohibited crossing.

      (a) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a crosswalk.

      (b) No pedestrian shall cross a roadway other than in a crosswalk in any business district.

      (c) No pedestrian shall cross a roadway other than in a crosswalk upon any street designated by ordinance.

      (d) No pedestrian shall cross a roadway intersection diagonally 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.  (Ord. 38, §300.395)

Sec. 18-125.  Obedience of pedestrians to bridge and railroad signals.

      (a) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given.

      (b) 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.  (Ord. 38, §300.400)

Sec. 18-126.  Pedestrians walking along roadways.

      (a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

      (b) 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.  (Ord. 38, §300.405)

Sec. 18-127.  Drivers to exercise highest degree of care.

      Notwithstanding the foregoing provisions of Sections 18-45 to 18-127, every driver of a vehicle shall exercise the highest degree of care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.  (Ord. 38, §300.410)

Secs. 18-128 to 18-132.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 11.  METHOD OF PARKING 

Sec. 18-133.  Standing or parking close to curb.

      Except as otherwise provided in Sections 18-133 to 18-137, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen inches of the right-hand curb.  (Ord. 38, §300.415)

Sec. 18-134.  Signs and markings indicating angle parking.

      (a) The city traffic engineer shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets but such angle parking shall not be indicated upon any federal-aid or state highway within the city unless the State Highway Commission has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

      (b) Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street or upon any streetcar tracks.  (Ord. 38, §300.420)

      (c) Angle parking within the corporate limits of this municipality in contradiction to Section 18-133 of this Chapter will be permitted on such highways, streets or alleys or portions thereof, and for such periods of time as described and listed in Article IV of this Chapter.  (§2301.420, 1978 Code)

Sec. 18-135.  Obedience to angle parking signs or markers.

      On those streets which have been signed or marked by the city traffic engineer for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markers.  (Ord. 38, §300.425)

Sec. 18-136.  Permits for loading or unloading at an angle to the curb.

      (a) The city traffic engineer is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit.  Such permit may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein.

      (b) It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit.  (Ord. 38, §300.430)

Sec. 18-137.  Lamps on parked vehicles.

      (a) Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of five hundred feet upon such street or highway no lights need be displayed upon such parked vehicle.

      (b) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of five hundred feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements:  At least one lamp shall display a white or amber light visible from a distance of five hundred feet to the front of the vehicle, and the same lamp or at least one other lamp shall display a red light visible from a distance of five hundred feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this Section is installed as near as practicable to the side of the vehicle which is closer to passing traffic.  The foregoing provisions shall not apply to passing traffic.  The foregoing provisions shall not apply to a motor driven cycle.

      (c) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.  (Ord. 38, §300.435)

Secs. 18-138 to 18-142.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 12.  STOPPING, STANDING OR PARKING
PROHIBITED IN SPECIFIED PLACES 

Sec. 18-143.  Stopping, standing or parking prohibited.

      Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:

      (a) Stop, stand or park a vehicle:

(1) On a roadway side of any vehicle stopped or parked at the edge or curb of a street.

(2) On a sidewalk.

(3) Within an intersection.

(4) On a crosswalk.

(5) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless the city traffic engineer indicates a different length by signs or markings.

(6) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic.

(7) Upon any bridge or other elevated structure upon a highway or within a highway tunnel.

(8) On any railroad tracks.

(9) Within 10 feet in each direction from any mailbox used for rural delivery.  (§2301.440, 1978 Code)

(10)     At any place where official signs prohibit stopping.

      (b) Stand or park a vehicle, whether occupied or not, except momentarily to pick  up or discharge a passenger or passengers:

(1) In front of a public or private driveway.

(2) Within fifteen feet of a fire hydrant.

(3) Within twenty feet of a crosswalk at an intersection.

(4) Within thirty feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway.

(5) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance (when properly signposted).

(6) At any place where official signs prohibit standing.

      (c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:

(1) Within fifty feet of the nearest rail of a railroad crossing.

(2) At any place where official signs prohibit parking.

      (d) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful.  (Ord. 38, §300.440)

Sec. 18-144.  Parking not to obstruct traffic.

      (a) No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic.  (Ord. 38, §300.445)

      (b) Parking, unparking, stopping, standing, manner of driving or otherwise obstructing, shall be so regulated and controlled, and in such a manner as to permit of a clear, free and unimpeded freeway, travelway, or throughway of such certain widths for certain streets, alleys and state and federal marked highways, or portions thereof, as described and set forth in Section 18-251, and any person so parking, unparking, stopping, standing, manner of driving or otherwise obstructing as herein forbidden shall be guilty of a misdemeanor and have such obstruction removed as provided herein.  It is further provided, within the meaning of this Chapter, that not less than 22 feet in width shall constitute an unobstructed freeway, travelway or throughway on all state and federal marked highways in this municipality.  (§2301.445, 1978 Code)

Sec. 18-145.  Parking in alleys.

      No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten feet of width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property.  (Ord. 38, §300.450)

Sec. 18-146.  Parking for certain purposes prohibited.

      No person shall park a vehicle upon any roadway for the principal purpose of:

      (a) Displaying such vehicle for sale; or

      (b) Repairing such vehicle except repairs necessitated by an emergency.  (Ord. 38, §300.455)

Sec. 18-147.  Parking adjacent to schools.

      (a) The city traffic engineer is hereby authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.

      (b) When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place.  (Ord. 38, §300.460)

Sec. 18-148.  Parking prohibited on narrow streets.

      (a) The city traffic engineer is authorized to erect signs indicating no parking upon any street when the width of the roadway does not exceed twenty feet, or upon one side of a street as indicated by such signs when the width of the roadway does not exceed thirty feet.

      (b) When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign.  (Ord. 38, §300.465)

Sec. 18-149.  Standing or parking on one-way streets.

      The city traffic engineer is authorized to erect signs upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles, and when such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign.  (Ord. 38, §300.470)

Sec. 18-150.  Standing or parking on one-way roadways.

      In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking.  The city traffic engineer is authorized to determine when standing or parking may be permitted upon the left-hand side of any such one-way roadway and to erect signs giving notice thereof.  (Ord. 38, §300.475)

Sec. 18-151.  No stopping, standing or parking near hazardous or congested places.

      (a) The city traffic engineer is hereby authorized to determine and designate by proper signs places not exceeding one hundred feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

      (b) When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand, or park a vehicle in any such designated place.  (Ord. 38, §300.480)

Secs. 18-152 to 18-156.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 13.  STOPPING FOR LOADING
OR UNLOADING ONLY 

Sec. 18-157.  City traffic engineer to designate curb loading zones.

      The city traffic engineer is hereby authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating the same and stating the hours during which the provisions of this Section are applicable.  (Ord. 38, §300.485)

Sec. 18-158.  Permits for curb loading zones.

      The city traffic engineer shall not designate or sign any curb loading zone upon special request of any person unless such person makes application for a permit for such zone and for two signs to indicate the ends of each such zone.  The city traffic engineer upon granting a permit and issuing such signs shall collect from the applicant and deposit in the city treasury a service fee of ten dollars per year or fraction thereof and may by general regulations impose conditions upon the use of such signs and for reimbursement of the city for the value thereof in the event of their loss or damage and their return in the event of misuse or upon expiration of permit.  Every such permit shall expire at the end of one year.  (Ord. 38, §300.490)

Sec. 18-159.  Standing in passenger curb loading zone.

      No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such curb loading zone are effective, and then only for a period not to exceed three minutes.  (Ord. 38, §300.495)

Sec. 18-160.  Standing in freight curb loading zones.

      No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pick-up and loading of materials in any place marked as a freight curb loading zone during hours when the provision applicable to such zones are in effect.  (Ord. 38, §300.500)

Sec. 18-161.  City traffic engineer to designate public carrier stops and stands.

      The city traffic engineer is hereby authorized and required to establish bus stops, bus stands, taxicab stands and stands for other passenger common carrier motor vehicles on such public streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs.  (Ord. 38, §300.505)

Sec. 18-162.  Stopping, standing and parking of buses and taxicabs regulated.

      (a) The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided herein.

      (b) The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand or passenger loading zone so designated as provided herein, except in case of an emergency.

      (c) The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a public street in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not further than eighteen inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.

      (d) The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated as provided herein.  This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.  (Ord. 38, §300.510)

Sec. 18-163.  Restricted use of bus and taxicab stands.

      No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.  (Ord. 38, §300.515)

Secs. 18-164 to 18-168.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 14.  STOPPING, STANDING OR PARKING
RESTRICTED OR PROHIBITED ON CERTAIN STREETS 

Sec. 18-169.  Application of chapter.

      The provisions of this Chapter prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.  (Ord. 38, §300.520)

Sec. 18-170.  Regulations not exclusive.

      The provisions of this Chapter imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times.  (Ord. 38, §300.525)

Sec. 18-171.  Parking prohibited at all times on certain streets.

      When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets described by ordinance.  (Ord. 38, §300.530)

Sec. 18-172.  Parking prohibited during certain hours on certain streets.

      When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified by ordinance of any day except Sundays and public holidays within the districts or upon any of the streets described by ordinance.  (Ord. 38, §300.535)

Sec. 18-173.  Stopping, standing or parking prohibited during certain hours on certain streets.

      When signs are erected in each block giving notice thereof, no person shall stop, stand, or park a vehicle between the hours specified by ordinance of any day except Sundays and public holidays within the district or upon any of the streets described by ordinance.  (Ord. 38, §300.540)

Sec. 18-174.  Parking signs required.

      Whenever by this Chapter or any ordinance of the city any parking time limit is imposed or parking is prohibited on designated streets it shall be the duty of the city traffic engineer to erect appropriate signs giving notice thereof and no such regulations shall be effective unless said signs are erected and in place at the time of any alleged offense.  (Ord. 38, §300.545)

Sec. 18-175.  Commercial vehicles prohibited from using certain streets.

            In cases where an equally direct and convenient alternate route is provided, an ordinance may describe and signs may be erected giving notice thereof that no persons shall operate any commercial vehicle upon streets or parts of streets so described except those commercial vehicles making deliveries thereon.  (Ord. 38, §300.550)

Secs. 18-176 to 18-180.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 15.  TRAFFIC VIOLATIONS BUREAU 

Sec. 18-181.  When person charged may elect to appear at bureau.

      (a) Any person charged with an offense for which payment of a fine may be made to the traffic violations bureau shall have the option of paying such fine within the time specified in the notice of arrest at the traffic violations bureau upon entering a plea of guilty and upon waiving appearance in court; or may have the option of depositing required lawful bail, and upon a plea of not guilty  shall be entitled to a trial as authorized by law.

      (b) The payment of a fine to the bureau shall be deemed an acknowledgement of conviction of the alleged offense, and the bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.  (Ord. 38, §300.555)

Sec. 18-182.  Duties of traffic violations bureau.

      The following duties are hereby imposed upon the traffic violations bureau in reference to traffic offenses:

      (a) It shall accept designated fines, issue receipts, and represent in court such violators as are permitted and desire to plead guilty, waive court appearance, and give power of attorney.

      (b) It shall receive and issue receipts for cash bail from the persons who must or wish to be heard in court, enter the time of their appearance on the court docket, and notify the arresting officer and witnesses, if any, to be present.  (Ord. 38, §300.560)

Sec. 18-183.  Traffic violations bureau to keep records.

      The traffic violations bureau shall keep records and submit summarized monthly reports of all notices to the municipal judge issued and arrests made for violations of the traffic laws and ordinances in the city and of all the fines collected by the traffic violations bureau or the court, and of the final disposition or present status of every case of violation of the provisions of said laws and ordinances.  Such records shall be so maintained as to show all types of violations and the totals of each.  Said records shall be public records.  (Ord. 38, §300.565)

Sec. 18-184.  Additional duties of traffic violations bureau.

      The traffic violations bureau shall follow such procedure as may be prescribed by the traffic ordinances of the city or as may be required by any laws of this state.  (Ord. 38, §300.570)

Secs. 18-185 to 18-189.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCES

DIVISION 16.  PROCEDURE ON ARREST 

Sec. 18-190.  Forms and records of traffic citations and arrests.

      (a) The city shall provide books containing uniform traffic tickets as prescribed by Supreme Court Rule No. 37.  Said books shall include serially numbered sets of citations in quadruplicate in the form prescribed by Supreme Court Rule.

      (b) Such books shall be issued to the chief of police or his duly authorized agent, a record shall be maintained of every book so issued, and a written receipt shall be required for every book.  The municipal judge may require that a copy of such record and receipts be filed with the court.

      (c) The chief of police shall be responsible for the issuance of such books to individual members of the police department.  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 herein.  (Ord. 38, §300.575)

Sec. 18-191.  Procedure of police officers.

      Except when authorized or directed under state law to immediately take a person before the municipal judge 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.  (Ord. 38, §300.580)

Sec. 18-192.    Uniform traffic ticket to be issued when vehicle     illegally parked or stopped.

      Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by ordinance of the city or by state law, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a uniform traffic ticket for the driver to answer to the charge against him within five days during the hours and at a place specified in the traffic ticket.  (Ord. 38, §300.585)

Sec. 18-193.  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 uniform traffic ticket affixed to such motor vehicle within a period of five 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 five days a warrant of arrest will be issued.  (Ord. 38, §300.590)

Sec. 18-194.  Police may remove vehicle - When.

      (a) Members of the police department are authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the police department, or otherwise maintained by the city under the circumstances hereinafter enumerated:

(1) When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic;

(2) When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide its custody or removal;

 (3)      When any vehicle is left unattended upon a street or alley and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic;

(4) Under such other circumstances as are otherwise specified by this Chapter or by any other ordinance or by state law.

      (b) Whenever an officer removes a vehicle from a street as authorized in this Section and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor and of the place to which such vehicle has been removed.  In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.

      (c) Whenever an officer removes a vehicle from a street under this Section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three days, then and in that event the officer shall immediately send or cause to be sent a written report of such removal by mail to the state department whose duty it is to register motor vehicles, and shall file a copy of such notice with the proprietor or any public garage in which the vehicle may be stored.  Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored.

      (d) On all highways, streets or alleys within the corporate limits, any motor vehicle or other movable object which by parking, unparking, stopping, standing, or driving in an illegal manner, the same attempts to, or does, congest, obstruct or unduly restricts a free, clear and unimpeded movement of traffic shall, in the discretion of the enforcement officer having jurisdiction, be removed to such place, property or destination remote from such traffic movement and thereby impounded until such time as the registered owner thereof shall claim the same by the full payment of costs accrued for towing, storage while so impounded court costs and fines assessed as a misdemeanor, or upon the posting of a bond or bonds as decreed, by the court having jurisdiction, provided further that the provisions of this Section shall be applicable to private parking lots or for limited time parking for customers, or where parking is regulated by a free payment either by parking meter of personal administration, all when duly posted as such.  (§2301.595, 1978 Code)

Secs. 18-195 to 18-199.  Reserved.

ARTICLE I
MODEL TRAFFIC ORDINANCE

DIVISION 17.  ADOPTION - SEVERABILITY - PENALTY 

Sec. 18-200.  Cities may adopt ordinance by reference.

      This Article or any designated part thereof shall become effective in any city of the state upon the adoption thereof by the legislative body of the city by an ordinance appropriately describing this ordinance or the part thereof adopted.  Upon such adoption by the city all ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance.(Ord. 38, §300.600.

Sec. 18-201.  Severability.

      (a) Any part of this Chapter declared invalid because of conflict with similar provisions and regulations under the laws of this State, or for any other reason, shall not invalidate or in any way effect the remainder of this Chapter and the board of aldermen hereby declare it would have enacted the remainder of this Chapter regardless of the part or parts that may have been declared invalid.

      (b) Any part of this Chapter declared invalid because of conflict with similar provisions and regulations under the laws of this State, or for any other reason, shall not invalidate or in any way effect the remainder of this Chapter and the board of aldermen hereby declare it would have enacted the remainder of this Chapter regardless of the part or parts that may have been declared invalid.  (§2301.800, 1978 Code)

Sec. 18-202.  Penalty.

      (a) It is unlawful, and unless otherwise declared herein with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden, or fail to perform any act required in this Chapter.

      (b) Any person who violates any of the provisions of this Chapter or the duly authorized rules, regulation or regulations made thereunder, and unless otherwise stated herein, shall be punished by a fine of not less than five dollars or more than five hundred dollars or by imprisonment in the city or county jail not exceeding ninety days or by both such fine and imprisonment.  (§2301.900, 1978 Code)

Secs. 18-203 to 18-207.  Reserved.

ARTICLE II
CAUTION SIGNALS DESIGNATED 

Sec. 18-208.  General.

      It is hereby ordered by this Chapter that flashing signals shall be installed in working condition and so maintained at the following intersections or other locations and the provisions and tenets of Section 18-47 of this Chapter shall fully apply to its future operation.  (§2333.007, 1978 Code)

      (a) Mo Highway 42 - Junction Routes 63-42.  (§2333.179, 1978 Code)

Sec. 18-209 to 18-213.  Reserved.

ARTICLE III
PARKING PROHIBITED AT ALL TIMES
ON CERTAIN STREETS

Sec. 18-214.  On Missouri Highway 42.

      (a) Mill Street East to city limits - 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, on either side of Rt. 2 from Mill Street (at Methodist Church) east to east city limits.

      (b) U.S. 63 West to city limits - 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, on either side of Rt. 42 from Rt. 63 west to west city limits.  (§2339.179, 1978 Code)

Sec. 18-215.  North side 4th Street.

      The area on the north side of 4th Street in the City of Vienna, Missouri at the south end of the alley between Lots 2 and 3, Block 1, South, Town of Vienna, is designated as a no parking zone.  (Ord. 28, §1.)

Sec. 18-216.  Parking spaces for physically disabled individuals.

      (a) As used in this section, the term "vehicle" shall have the same meaning given it in §301.010 of the Revised Statutes of Missouri and the term "physically disabled" shall have the same meaning given it in §301.142 of the Revised Statutes of Missouri.

      (b) The Mayor of the City of Vienna, on behalf of the City of Vienna, and any person or corporation in lawful possession of a public off street parking facility may designate reserved parking spaces for the exclusive use of vehicles which display a distinguishing license plate or card issued pursuant to the provisions of §301.071 or §301.142 of the Revised Statutes of Missouri.

      (c) Such designation shall be made by posting immediately adjacent to and visible from, each space, a sign upon which is inscribed the international symbol of accessibility in white on a blue background and may include any appropriate wording to indicate that the space is reserved for the exclusive use of vehicles which display a distinguishing license plate or card.

      (d) The owner or person in lawful possession of a public off street parking facility or the City of Vienna may, after notifying the police of the City of Vienna or upon determination by the police of the City of Vienna, may cause the removal of any vehicle not displacing a distinguishing license plate or card on which is inscribed the international symbol of accessibility and the word "disabled" issued pursuant to §301.142 of the Revised Statues of Missouri or a "disabled veteran" license plate issued pursuant to §301.071 of the Revised Statutes of Missouri or displaying a distinguishing license plate or card issued from any other state from a space designated for physically disabled persons if the space is appropriately designated as set forth in subsection (c) herein.  Any vehicle which has been removed and which is not properly claimed within thirty days thereafter shall be considered an abandoned vehicle.

      (e) The police of the City of Vienna are empowered to enter upon private property open to public use to enforce the provisions of this section.  (Ord. 67, §1; Ord. 110, 1)

Sec. 18-217.  Parking prohibited after school hours.

      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 at the direction of a police officer or traffic control devices on the South side of Highway 42 from a point 100 feet West of the West right-of-way of Coffey Street to a point 20 feet East of the East right-of-way of Coffey Street nor on the North side of Highway 42 from a point 20 feet West of the West right-of-way of Coffey Street to a point 100 feet East of the East right-of-way of Coffey Street, all between the hours of 3:00 o'clock P.M. and 3:30 o'clock P.M. Monday through Friday. Such parking restrictions shall be in full force and effect during the period of time in which a sign identifying the areas as a no parking zone shall be in place and visible from the traveled portion of the road.  (Ord. 88, §1)

Secs. 18-218 to 18-230.  Reserved.

ARTICLE IV
ANGLE PARKING AUTHORIZED

Sec. 18-231.  Courthouse Square.

      (a) Angle parking only will be permitted on Fourth Street between Elm Street and Main Street, on Main Street between Third Street and Fourth Street, on Third Street between Elm Street and Main Street and on Elm Street between Third Street and Fourth Street, said area commonly known as the Courthouse Square.

      (b) Angle parking only in the area defined above shall be permitted.  All parking shall be within the boundaries marked on the surface of the streets around said area.  (§2353.021, 1978 Code; Ord. 110, §1)

Sec. 18-232.  Time limitations on described Courthouse Square parking.

      (a) Between the hours of 7:30 o'clock A.M. and 4:00 o'clock P.M., Monday through Friday, the three parking spaces on the East side of Main Street located directly in front of the United States Postal Office and immediately South of the intersection of Main Street and Fourth Street shall be limited to a fifteen (15) minute time period with a minimum of thirty (30) minutes between any successive fifteen (15) minute time periods.

      (b) The City Traffic Engineer is directed to erect appropriate signs giving notice thereof in compliance with the provisions of Section 18-174, Parking Signs Required, of the Ordinances of the City of Vienna.

      (c) Any violation of this Section shall be punished by a fine of not less than $1.00 and not more than $500.00. Successive violations of this Section shall result in successive fines to be increased in an amount of $25.00 more than the previous fine, up to the maximum penalty provided herein.  (Ord. 130, §1)

Secs. 18-233 to 18-236.  Reserved.

ARTICLE V
SPEED REGULATIONS

DIVISION 1.  IN GENERAL 

Sec. 18-237.  Speed laws applicable.

      (a) Basic rule - Every person operating a vehicle on the highways, streets or alleys of this municipality, shall be so controlled as under the conditions and having due regard to the actual and reasonable hazards existing at the time and place shall be (1) reasonable, careful and prudent, and two (2) necessary so as not to endanger any person, property, life and limb.

      (b) No person shall drive a 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.  Police officers are hereby authorized to enforce this provision by directions to drivers and in event of apparent disobedience of this provision and refusal to comply with the direction of an officer in accordance therewith the continued slow operation by a driver shall be a misdemeanor.

      (c) The speed limitations duly posted in speed limit zones, or otherwise, shall not apply to authorized emergency vehicles when responding to emergency calls, (and not upon their return therefrom), and the drivers thereof sound audible signal by bell, siren or exhaust whistle.  This provision shall no relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highways, streets or alleys, nor shall it protect the driver of any such vehicle from the consequences of a reckless disregard of the person, property, life and limb of others.  Legally authorized emergency vehicles operating in and through this municipality shall only be those stipulated and defined by law under Section 304.022 RSMo. Supp. 1986.

      (d) Violation of the provisions of this Section specifying speed limitations shall not be construed to relieve the parties in any civil action or any claim or counter claim from the burden of proving negligence or contributory negligence as the proximate cause of an accident or as the defense to a negligence action.

      (e) The board of aldermen of the municipality aforesaid, is hereby authorized, to establish and post (except on state and federal marked highways and then only when approved by the State Highway Commission), critical zones of hazard where the foregoing declared speeds are considered hazardous to person, property, life and limb, and may post a reduced prima facie speed limit not more than 10 miles per hour less than the existing speed limits so declared under in Article V, Division 2.  (§2301.205, 1978 Code)

Sec. 18-238.  General.

      The operation of a vehicle at a speed in excess of the following (posted speed limits) shall be considered evidence of driving at a rate of speed which is not reasonable, careful, prudent and lawful, and considered dangerous to person, property, life and limb.  (§2359.007, 1978 Code)

Sec. 18-239.  Maximum speed within city limits.

      (a) It shall be unlawful for any person to drive a vehicle at a speed in excess of twenty miles per hour on any street within the corporate limits of the City of Vienna, Missouri except U.S. Highway 63 and Missouri State Highway 42 for which a separate ordinance establishes speed limits.

      (b) Speed limit signs shall be placed at the point where each street or highway enters the corporate limits of the City of Vienna, Missouri, with wording to the effect that the speed limit on all streets within the City of Vienna, Missouri is twenty miles per hour unless otherwise posted.  Such additional signs may be posted at such other places as may from time to time be determined by resolution of the board of aldermen.  (Ord. 2, §§1, 2, 3; Ord. 110, §1)

Secs. 18-240 to 18-244.  Reserved.

ARTICLE V
SPEED REGULATIONS

DIVISION 2.  SPEED ZONES DESIGNATED

Sec. 18-245.  U.S. 63 and State Highway 42 within city limits.

      (a) The following speed limits for the operation of motor vehicles within the corporate limits of the City of Vienna, Missouri, on U.S. Highway 63 and on Missouri State Highway 42 are herewith established:

            (1) On U.S. Highway 63 from the north city limit line south a distance of 0.42 miles a maximum speed of 45 miles per hour; from said point south to a point 0.63 miles south of the intersection of U.S. Highway 63 and Missouri State Highway 42 a maximum speed of 35 miles per hour; and from said point south to the south city limit line a maximum speed of 45 miles per hour.

            (2) On Missouri State Highway 42 from the east city limit line east a distance of 0.30 miles a maximum speed of 45 miles per hour; from said point west to the intersection of Missouri State Highway 42 with U.S. Highway 63 a maximum speed of 30 miles per hour; and from said point west to the west city limit line a maximum speed of 40 miles per hour.

      (b) The city street commissioner is authorized in cooperation with the Missouri Highway and Transportation Commission to place speed limit signs at such places on said highways as is deemed appropriate by the city street commissioner and the Missouri Highway and Transportation Commission. (Ord. 31, §§1, 2, 3; Ord. 110, §1)

Sec. 18-246.  Portions of Missouri State Highway 42 and Maries County Route V.

      (a) The following speed limits for the operation of motor vehicles within the corporate limits of the City of Vienna, Missouri, on the following portions of Missouri State Highway 42 and Maries County Route V are herewith established:

            (1) On Missouri State Highway 42 from the west City limits to 100 feet west of Parkway Road a maximum speed of 50 miles per hour, and from a point that is 100 feet west of Parkway Road to United States Highway 63 a maximum speed of 40 miles per hour.

            (2) On Maries County Route V from the south City limits to 200 feet south of west First Street a maximum speed of 50 miles per hour, and from a point that is 200 feet south of west First Street to Missouri State Highway 42 a maximum speed of 45 miles per hour.

      (b) The City street commissioner is authorized in cooperation with the Missouri Highway and Transportation Department to place speed limit signs at such places on said highways as is deemed appropriate by the City street commissioner and the Missouri Highway and Transportation Department.  (Ord. 49, §1; Ord. 110, §1)

Secs. 18-247 to 18-250.  Reserved.

ARTICLE VI
UNOBSTRUCTED STREETS

Sec. 18-251.  General.

      Relating to the provisions of Section 18-144 of this Chapter the following highways, streets and alleys or portions thereof, shall provide the following stipulated widths of clear, free and unimpeded freeway or travelway in the manner provided and authorized under said Section 18-144.

      U.S. Route 63 - 24 feet from the north city limits of Vienna to the south city limits of Vienna.

      Route 42 - 22 feet from the west city limits of Vienna to the junction of U.S. Route 63.

      Route 42 - 22 feet from the east city limits of Vienna to the junction of U.S. Route 63.
(§2363.007, 1978 Code)

Secs. 18-252 to 18-256.  Reserved.

ARTICLE VII
MOTOR VEHICLE OPERATION AND
VEHICLE REQUIREMENTS

DIVISION 1.  OPERATION OF VEHICLES

Sec. 18-257.  Prudent driving required.

      (a) Every person operating a motor vehicle upon the public streets and thoroughfares of the City of Vienna shall drive the same in a careful and prudent manner, and shall exercise the highest degree of care in such a manner as not to endanger the property of another or the life and limb of any person.  Any person failing to operate a motor vehicle in such a manner shall be deemed guilty of careless and imprudent driving.  (Ord. 10, §§1, 2; Ord. 110, §1)

Sec. 18-258.  Passing school busses.

      (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 signaled 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.  (§2375.517, 1978 Code)

Sec. 18-259.  Dangerously loaded vehicles.

      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 highway, street or alley in this municipality, 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 highway, street or alley.  (§2375.557, 1978 Code)

Sec. 18-260.  Careless driving.

      Whenever in this Chapter 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 noncompliance those provisions, regulation or regulations authorized to protect person, property, life and limb, such reckless and careless disregard, and noncompliance within the meaning of this Chapter shall be regarded as prima facie evidence of careless and reckless driving and so punished.  (§2375.561, 1978 Code)

Sec. 18-261.  Possession of Valid Operator's License and registration and licensing of motor vehicles required.

      (a) Every person operating a motor vehicle upon the public streets and thoroughfares of the City of Vienna, shall have a valid license to operate such motor vehicle as required by the provision of Chapter 302 of the Revised Statues of Missouri.

      (b) No person shall operate a motor vehicle upon public streets of the City of Vienna which has not been properly registered and licensed pursuant to the provisions of Chapter 301 of the Revised Statutes of Missouri.  (Ord. 68, §1; Ord. 110, §1)

Sec. 18-262. 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 sixteen years of age shall be protected as required in Subsection (5) of this Section.

      (b) With respect to Subsection (a) 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) 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 that 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 Subsection (a) 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) 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.

      (c) Every person transporting a child under the age of sixteen years on the streets or highways of this city shall be responsible for transporting such child as follows:

            (1) Children less than four years of age, regardless of weight, shall be secured in a child passenger restraint system appropriate for that child.

            (2) Children weighing less than forty pounds, regardless of age, shall be secured in a child passenger restraint system appropriate for that child.

            (3) Children at least four years of age but less than eight years of age, who also weigh at least forty pounds but less than eighty pounds, and who are also less than four feet, nine inches tall, shall be secured in a child passenger restraint system or booster seat appropriate for that child.

            (4) Children at least eighty pounds or children more than four feet, nine inches in height shall be secured by a vehicle safety belt or booster seat appropriate for that child.

            (5) Children eight years of age, but less than sixteen years of age, regardless of weight or height, shall be secured by a vehicle safety belt or restraint system appropriate for that child.

            (6) A child who otherwise would be required to be secured in a booster seat may be transported in the back seat of a motor vehicle while wearing only a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt for booster seat installation.

            (7) When transporting children in the immediate family when there are more children than there are seating positions in the enclosed area of a motor vehicle, the children who are not able to be restrained by a child safety restraint device appropriate for the child shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front seat area. The driver transporting children referred to in this Subsection is not in violation of this section.

      Any person who violates this Subsection shall, upon conviction, be punished by a fine of not more than fifty dollars and court costs.
(Ord. 79, §1; Ord. 110, §2; Ord. 144, §1)

Sec. 18 263. Passengers in truck beds.

      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. No person under eighteen years of age shall ride 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 provisions of this Section shall not apply to:

      (a) Any employee engaged in the necessary discharge of the employee's duties where it is necessary to ride in the unenclosed bed of the truck;

      (b) Any person while engaged in agricultural activities where it is necessary to ride in the unenclosed bed of the truck;

      (c) 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;

      (d) 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;

      (e) 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 purpose of this Section, is a special social activity of a definable duration which is participated in by the person riding in the unenclosed bed;

      (f) 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

      (g) 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 Subsection the term "family" shall mean any persons related within the first degree of consanguinity. (Ord. 79, §2; Ord. 110, §3; Ord. 144, §2)

Sec. 18-264.  Driving while license or driving privilege is canceled, suspended or revoked.

      (a) A person commits the crime of driving while revoked if he or she operates a motor vehicle upon the public streets and thoroughfares of the City of Vienna when his or her license or driving privilege has been canceled, suspended or revoked under the laws of this State.  (Ord. 82, §; Ord. 110, §1)

Sec. 18-265. Duty to maintain financial responsibility.

      (a) No owner of a motor vehicle shall operate the vehicle, or authorize any other person to operate the vehicle, upon the public streets of the City of Vienna, unless the owner maintains the financial responsibility as required in Chapter 303 of the Revised Statutes of Missouri.  Furthermore, no person shall operate a motor vehicle owned by another with the knowledge that the owner has not maintained financial responsibility unless such person has financial responsibility which covers his or her operation of the other's vehicle.

      (b) A motor vehicle owner shall maintain his or her financial responsibility in a manner provided for in Section 303.160 of the Revised Statutes of Missouri, or with a motor vehicle liability policy which conforms to the requirements of the laws of this State.  (Ord. 81, §1; Ord. 110, §1)

ARTICLE VII
MOTOR VEHICLE OPERATION
AND VEHICLE REQUIREMENTS

DIVISION 2.  VEHICLE REQUIREMENTS

Sec. 18-266.  Effective exhaust systems required.

      (a) Every motor vehicle operated upon the public streets and thoroughfares of the City of Vienna, shall be equipped with an exhaust system, properly constructed, connected and attached to the engine, which effectively quiets the exhaust noise, either through the use of mufflers, resonators, or any other device which has the effect of quieting said exhaust noise.  (Ord. 8, §§1, 2; Ord. 110, §1)

Sec. 18-267.  Transporting dead animals.

      (a) All vehicles used in the transportation of the bodies of dead animals, under the provisions of this Chapter, 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.  (§2375.315, 1978 Code)

Sec. 18-268.  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 minutes) at any area of 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 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.  (§2375.317, 1978 Code)

Sec. 18-269. Unmullfed engine braking

      (a) It shall be unlawful for the driver of any vehicle to use, operate, or cause to be used or operated within the city limits of the City of Vienna, Missouri, any mechanical device designed to aid in the braking or deceleration of any vehicle which results in the excessive, loud, unusual, or explosive noise from such vehicle or unmuffled engine braking.

      (b) Any person or entity convicted of violation of this Section shall be subject to any penalty imposed under the provisions of Section 14-0 of the Ordinances of the City of Vienna.

      (c) The City and such employees as the City may designate are hereby authorized to erect signs that the noise ordinance is enforced on all streets in the city limits of the City of Vienna. (Ord. 152, §§1-3

Secs. 18-270 to 18-273.  Reserved.

ARTICLE VII
MOTOR VEHICLE OPERATION
AND VEHICLE REQUIREMENTS

DIVISION 3.  DRIVING UNDER INFLUENCE OF INTOXICANTS

Sec. 18-274.  Driving while intoxicated.

      A person commits the crime of driving while intoxicated if he operates a motor vehicle on a public road or private property while in an intoxicated or drugged condition.  (Ord. 19, §2; Ord. 53; Ord. 80, §1; Ord. 111, §2)

Sec. 18-275.  Driving with excessive blood alcohol content.

      A person commits the crime of driving with excessive blood alcohol content if such person operates a motor vehicle with eight-hundredths of one percent or more by weight of alcohol in such person's blood.  (Ord. 19, §3; Ord. 53; Ord. 80, §2; Ord. 111, §2)

Sec. 18-276.  Definition.

      As used in this Division the following terms have the following meanings.

      (a) The term "drive", "driving", "operates" or "operating" means physically driving or operating or being in the actual physical control of a motor vehicle upon a public road or private property.

      (b) A person is in an "intoxicated condition" when he is under the influence of alcohol, a controlled substance, drug, or any combination thereof.

      (c) The term "law enforcement officer" or "arresting officer" includes the definition of law enforcement officer in subdivision (17) of Section 556.061 of the Revised Statutes of Missouri.

      (d) A "substance abuse traffic offender program" means a program certified by the Division of Alcohol and Drug Abuse of the Department of Mental Health to provide education or rehabilitation services pursuant to a professional assessment screening to identify the individual needs of the person who has been referred to the program as result of an alcohol or drug related traffic offense. Successful completion of such a program includes participation in any education or rehabilitation program required to meet the needs identified in the assessment screening. The assignment recommendations based upon such assessment shall be subject to judicial review as provided in subsection 7 of the Section 577.041 of the Revised Statutes of Missouri.

      (e) As used in this Division percent by weight of alcohol shall be based upon grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood under this Division, the test shall be conducted in accordance with the provisions of Section 577.020 through 577.041 of the Revised Statutes of Missouri.  (Ord. 19, §4-5; Ord. 111, §2)

Sec. 18-277.  Implied consent.

      Any person who operates a motor vehicle upon either a public road or upon private property shall be deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood.  The implied consent to submit to the chemical tests listed herein shall be limited to not more than two such tests arising from the same arrest, incident or charge. Such tests shall be performed pursuant to the provisions and standards set forth in Section 577.020 through 577.041 of the Revised Statutes of Missouri.  (Ord. 19, §6; Ord. 111, §2)

Sec. 18-278.  Chemical tests, results, admitted into evidence and refusal to submit to chemical tests admitted into evidence.

      (a) Upon the trial of any person for the violation of any of the provisions of this Division of the Ordinances of the City of Vienna, arising out of acts alleged to have committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of subdivision (5) of Section 491.060 of the Revised Statutes of Missouri, shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was eight-hundredths of one percent or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.

      (b) The foregoing provisions shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was intoxicated.

      (c) A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in this section, shall have been performed pursuant to the provisions of Sections 557.020 through 557.041 of the Revised Statutes of Missouri and in accordance with the methods and standards approved by the State Department of Health and Senior Services.

      (d) If a person who is under arrest or has been stopped pursuant to the provisions of this division, refuses upon the request of the officer to submit to any tests allowed pursuant to the provisions of this division, then none shall be given and the evidence of the refusal of shall be admissible in a proceeding upon the trial of such person for violation of any of the provisions of this Division.  (Ord. 19, §7; Ord. 111, §2)

Sec. 18-279.  Refusal to submit to chemical tests.

      If a person under arrest or who has been stopped refuses the request of the officer to submit to any tests, then none shall be given. The request of the officer shall also include the reasons of the officer for requesting the person to submit the tests and shall inform the person that evidence of refusal to take the tests may be used against such person and that the person's license may be immediately revoked upon refusal to take the tests. If a person, when requested to submit to any test allowed pursuant to the provisions of this division, requests to speak to an attorney, the person shall be granted twenty 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 the event of such refusal, then the officer shall follow all provisions of Section 577.041 of the Revised Statutes of Missouri in acting on behalf of the Director of Revenue and in making such reports to the Director of Revenue as may be set forth therein. (Ord. 19, §8; Ord. 111, §2)

Sec. 18-280.  Procedure in Municipal Division.

      No person charged with driving while intoxicated or driving with excessive blood alcohol content shall have his case heard in Municipal Division unless he is either represented by an attorney or he has voluntarily waiver in writing such representation.  (Ord. 19, §9; Ord. 111, §2)

Sec. 18-281.  Substance Abuse Programs.

      Upon a plea of guilty or finding of guilty for an offense of violating any of the provisions of this division, the Court shall order a person to participate in and to successfully complete a substance abuse traffic offender program as defined herein.   The fees for the substance abuse traffic offender program, or a portion thereof, to be determined by the Division of Alcohol and Drug Abuse of the Department of Mental Health, shall be paid by the person enrolling in the program. Any person who attends the program shall pay, in addition to any fees charged for the program, a supplemental fee of $60.00 to be disbursed in accordance with the provisions of Section 577.049 of the Revised Statutes of Missouri. (Ord. 19, §10; Ord. 111, §2

Sec. 18-282.  Penalty provision.

      Any person convicted of driving while intoxicated or driving with excessive blood alcohol content shall be fined not less than $50.00 nor more than $500.00, or confinement for a period of not more than ninety days or both such fine and confinement. No person convicted or pleading guilty to the offense of driving while intoxicated or driving with excessive blood alcohol content shall be granted a suspended imposition of sentence for such offense, unless such person shall be placed on probation for a minimum of two years.  (Ord. 19, §11; Ord. 53; Ord. 111, §2)

Sec. 18-283. Reimbursement of cost for alcohol and drug related offenses.

      (a) Upon a plea of guilty finding of guilt or conviction for violation of the provisions of Sections 18-274 through 18-283 (alcohol or drug-related traffic offenses), the court may, in addition to imposition of any penalties provided by law, order the person to reimburse law enforcement authorities for the costs associated with such arrest.

      (b) Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical tests to determine the alcohol or drug content of the person's blood, and the cost of processing, charging, booking and holding such person in custody.

      (c) Law enforcement authorities may establish a schedule of such costs for submission of the court; however, the court may order the costs reduced if it determines that the schedule of costs is excessive given the circumstances of the case or for good cause shown.

      (d) These fees shall be calculated as additional costs by the municipal court and shall be collected by the court in the same manner as other costs and fees are collected and remitted to the city treasurer.

      (e) The city treasurer shall retain these fees in a separate fund known as the “DWI/Drug Enforcement Fund”. Monies within the DWI/Drug Enforcement Fund shall be appropriated by the City Council to law enforcement authorities from such fund in amounts equal to those costs so incurred and shall be specifically used to enhance and support the enforcement and prosecution of alcohol and drug-related traffic laws within the City.  (Ord. 52, §1; Ord. 111, §2)

Secs. 18-284 to 18-290.  Reserved.

ARTICLE VIII
WEIGHT REGULATIONS

Sec. 18-291.  General.

      No person operating a truck, whose rated manufacturers capacity is greater than three-fourth (3/4) tons or whose length is greater than twenty (20) feet and whose width, including a load, is greater than ninety-six (96) inches, shall stop, stand or park the same in such places and for such period of time as described and listed in this Chapter hereto attached and made a part of this Chapter and when properly marked and posted it shall be unlawful to do the act or acts forbidden.

      (b) No vehicle or combination of vehicles shall be moved or operated on any highway, street or alley in this municipality having a greater weight than that described under Section 304.180 RSMo. 1986.

      Provided further that the local officials and State Highway Commission or their legal agents for their respective Jurisdiction, whenever by thawing of 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 highways, streets and alleys 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.

      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. 1986, and the same rates of punishment shall apply where weights are limited in excess of those posted as apply to those exceeded under Section 304.180, RSMo. 1986.  (§2381.007, 1978 Code)

Secs. 18-292 to 18-296.  Reserved.

ARTICLE IX
REGULATION OF ANIMALS AND RIDERS

Sec. 18-297.  Fast riding.

      Any person who shall ride or drive any horse, mule or other animal on the streets, alleys or commons within the corporate limits of the City in a rapid or unusual manner or at any unusual rate of speed, or shall knowingly ride or drive any vicious or dangerous animal of any kind on said streets and alleys, or shall ride or attempt to ride or drive any unbroken horse, mule or other animal, or who shall leave any horse, mule or other animal in any street, alley or public place within the City without securely fastening same, or who shall turn any such animal loose, or unfasten the same and permit it to run at large within the city limits, shall be deemed guilty of a misdemeanor.  (§2393.011, 1978 Code)

Sec. 18-298.  Hitching to fences or trees.

      Any person who shall hitch or fasten or cause to be fastened or hitched to any shade or ornamental trees, or to any fence within the City of Vienna, without the owner's permission, any horse, mule or other animal, shall be deemed guilty of a misdemeanor.  (§2393.015, 1978 Code)

Secs. 18-299 to 18-303.  Reserved.

ARTICLE X
REGULATION OF BICYCLES AND RIDERS

Sec. 18-304.  Regulating the riding of bicycles.

      Any person who shall, within the city limits, on the public highways, streets, or alleys thereof, ride a bicycle or tricycle at a higher rate of speed than ten miles per hour, or who shall not stop when approaching a horse, mule or team of animals of any kind when such horse, mule or team of animals becomes frightened, or who shall not, after sunset, carry a visible light on said machine, or who shall wantonly and carelessly run into or against any person, horse, mule or team on the streets or alleys of this City, shall be deemed guilty of a misdemeanor.  (§2395.015, 1978 Code)

Secs. 18-305 to 18-309.  Reserved.

ARTICLE XI
OPEN ALCOHOL CONTAINERS

Sec. 18-310. Definitions.

      The following terms shall have the meaning ascribed to them in this section, except where context indicates a different meaning:

      Alcoholic beverages shall mean and include alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt or other liquor, or combination of liquors, a part of which is spirituous, vinous or fermented, and to also include any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast and pure water, and free from all harmful substances, preservatives and adulterants and having any alcoholic content by weight or volume.

      Rear compartment shall mean vehicle trunk, spare tire compartment, or any outside compartment which is not accessible to the driver or any other person while such vehicle is in motion. In the case of a pickup truck, station wagon, hatchback or other similar vehicle, the area behind the last upright seat shall be considered the rear compartment.

      Recreational motor vehicles: The term recreational motor vehicle shall mean and include any motor vehicle designed, constructed or substantially modified so that it may be used and is used for the purpose of temporary housing quarters, including therein sleeping and eating facilities which are either permanently attached to the motor vehicle. Nothing herein shall prevent any motor vehicle being registered as a commercial motor vehicle if the motor vehicle could otherwise be so registered.  (Ord. 92, §1)

Sec. 18-311.  Consumption of alcoholic beverages while operating a motor vehicle.

      No person shall consume alcoholic beverages while operating a motor vehicle upon a public street, highway or alley or while they are passengers in a vehicle upon a public street, highway or alley unless they are exempt per Section 18-313 of this Article.  (Ord. 92, §2)

Sec. 18-312.  Transportation of alcoholic beverages.

      No person shall knowingly transport any alcoholic beverages, except in the original container which shall not have been opened, and the seal upon which shall not have been broken and from which the original cork or cap shall not have been removed while operating a motor vehicle upon a public street, highway, or alley unless the opened container is in a rear compartment area of the vehicle.  (Ord. 92, §3)

Sec. 18-313.  Consumption of alcoholic beverages by passengers on transit.

      Nothing in this section shall be construed as to prohibit the otherwise legal consumption of alcoholic beverages by passengers on a privately or publicly owned transit authority that has been chartered and is not being utilized for conveyance of the general public, but the driver of such motor vehicle may not possess, have ready access to or consume any alcoholic beverage while the motor vehicle is operated on a public highway, street, road or alley.  (Ord. 92, §4)

Sec. 18-314.  Consumption of alcoholic beverages by passengers in a `recreational motor vehicle.

      Nothing in this section shall be construed to prohibit the otherwise legal consumption of an alcoholic beverage by passengers riding in the living quarters of a recreational motor vehicle. Nothing contained in this section shall prevent any motor vehicle from being registered as a commercial motor vehicle if it could otherwise be so registered.  (Ord. 92, §5)

Sec. 18-315.  Penalty.

  (Ord. 92, §6; Repealed by Ord. 110, §1)

Secs. 18-316 to 18-320.  Reserved.