BILL NO. 408 ORDINANCE NO. 234
ORDINANCE

AN ORDINANCE RELATING TO AND PROVIDING FOR TRAFFIC AND PARKING
OFFENSES AND REGULATIONS.

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
BROWNING, MISSOURI, AS FOLLOWS:
Section 1: License Plates - Display
No motor vehicle or trailer shall be operated on any street, alley or highway of this cityunless it shall have displayed thereon the license plate or set of license plates issued by the State Director of Revenue. Each such plate shall be securely fastened to the motor vehicle in a manner so that all parts thereof shall be plainly visible and reasonably clean so that the reflective qualities thereof are not impaired. License plates shall be fastened to all motor vehicles except trucks, tractors, truck tractors or truck tractors licensed in excess of twelve thousand pounds on the front and rear of such vehicles not less than eight nor more than forty-eight inches above the ground, with the letters and numbers thereon right side up. The license plates on trucks, tractors, truck tractors or truck tractors licensed in excess of twelve thousand pounds shall be displayed on the front of such vehicles not less than eight nor more than forty-eight inches above the ground, with the letters and numbers thereon right side up. The license plate or plates when properly attached shall be prima facie evidence that the required fees have been paid. Violation of this section shall be a Class B misdemeanor.

Section 2: License Plate Display - Procedure Upon Expiration or Sale

Section 2.1: License Plates - Sale of Vehicle
License plates issued to owners of motor vehicles registered under the monthly series system of registration as provided in Missouri state statutes, shall be removed on the sale or transfer of ownership of such vehicles. The plates, if still current, may thereafter be retained and preserved by the person to whom issued, to be fastened to such other motor vehicles as he shall thereafter register in his name. If application for registration of another motor vehicle is not made to the State director of revenue within one year following the sale or transfer of ownership of a motor vehicle, the license plates held by the person who sold or transferred ownership of such motor vehicle shall be declared void, and new license plates bearing the same numbers may be issued to another registrant.

Section 2.2: Voided Plates
It shall be unlawful to fasten voided and/or expired plates to any motor vehicle. Any violation of sections 2.1 or 2.2 shall be deemed a Class B misdemeanor.

Section 3: Operation of Motor Vehicle without Proper License Prohibited. Motorcycles Special License. Protective Headgear

Section 3.1: General Provisions
It shall be unlawful for any person, except those expressly exempted by State Statutes to:
A. Operate, as a chauffeur, any vehicle upon any highway in this city unless he has a valid license as a chauffeur under the provisions of this section;
B. Operate, other than as a chauffeur, any motor vehicle, except farm tractor, upon any highway of this city unless he has a valid license as an operator under the provisions of this chapter. Any person holding a valid chauffeur's license shall not be required to procure an operator's license;
C. Operate a motorcycle or other self-propelled two or three wheeled vehicle upon any highway of this city unless such person has a valid operator's or chauffeur's license which shows that he has successfully passed an examination for the operation of a motorcycle as prescribed by the State director;
D. Authorize or knowingly permit a motorcycle or other two or three wheeled self-propelled vehicle owned by him or under his control to be driven uponany highway by a person whose operator's or chauffeurs license does not indicate that the person has passed the examination for the operation of a motorcycle or has been issued an instruction permit therefor;
E. Operate a motor vehicle with an instruction permit, or chauffeur's or operators license issued to another person.

Section 3.2: Protective Headgear
Every person operating or riding as a passenger on any motorcycle, as defined in State statute, upon any highway of this state shall wear protective headgear at all times the vehicle is in motion. The protective headgear shall meet reasonable standards and specifications established by the state director. Any violation of sections 3.1 or 3.2 shall be deemed a Class B misdemeanor.

Section 4: License by Municipality Not Required
Any person licensed as an operator or chauffeur under the provisions of this Ordinance shall be deemed to have avalid license as required by the laws of the State of Missouri, and shall not be required by this Ordinance to obtain any other license as an operator, chauffeur, or driver.

Section 5: License - To Be Carried at All Times
The license issued shall be carried at all times by the holder thereof while driving a motor vehicle, and shall be displayed upon demand of any officer of the highway patrol, or any police officer or peace officer, or any other duly authorized person, for inspection when demand is made therefor. Failure of any chauffeur or operator of a motor vehicle to exhibit his license to any duly authorized officer shall be presumptive evidence that such person is not a duly licensed chauffeur or motor vehicle operator. Violation of this section shall be deemed a Class B misdemeanor.

Section 6: Prohibited Uses of License
It shall be unlawful for any person to display or to permit to be displayed, or to have in his possession, any chauffeurs license or motor vehicle operators license knowing the same to be fictitious or to have been canceled, suspended, revoked or altered; to lend to or knowingly permit the use of by another any chauffeurs license or motor vehicle operator's license issued to the person so lending or permitting the use thereof; to display or to represent as one's own any chauffeur's license or motor vehicle operator's license not issued to the person so displaying the same, or fail or refuse to surrender to the clerk of any division of the circuit court or the director, any chauffeurs license or motor vehicle operator's license which has been suspended, canceled or revoked, as provided by law; to use a false or fictitious name or give a false or fictitious address on any application for a chauffeur's license or a motor vehicle operator's license, or any renewal or duplicate thereof, or knowingly to make a false statement, or knowingly to conceal a material fact, or otherwise commit a fraud in any such application; to authorize or consent to any motor vehicle owned by him or under his control to be driven by any person, when he has knowledge that such person has no legal right to do so, or for any person to drive any motor vehicle in violation of any of the provisions of this section; to employ as a chauffeur of a motor vehicle, with knowledge that such person has not complied with the provisions of this section, or whose license as a chauffeur has been revoked, or suspended, during the period of such suspension; or who fails to produce his or her license upon demand of any person or persons authorized to make such demand. Violation of this section shall be deemed a Class B misdemeanor.

Section 7: Surrender of License

Section 7.1: Court To Forward Conviction Information to Proper Agencies
Every court having jurisdiction over offenses committed under this section shall, withinas fifteen days thereafter, forward to the Missouri state highway patrol upon forms approved by the director of the department of public safety a record of any plea or finding of guilty of any person in the court for a violation of this Article or for any moving traffic violation under the laws of municipal ordinance. The record related offenses involving alcohol, controlled substances, or drugs shall be entered in the Missouri uniform law enforcement system records. The record of all convictions involving the assessment of points as provided in State law shall be forwarded by the highway patrol within fifteen days of receipt to the director of revenue.

Section 7.2: Power of Municipal Judge or Official
No municipal judge or municipal official shall have power to revoke any operator's license or chauffeur's license.

Section 8: Children Forbidden to Operate a Motor Vehicle
No person shall cause or knowingly permit his child or ward under the age of sixteen years to drive a motor vehicle upon any highway when such minor is not authorized hereunder. Violation of this section shall be deemed a Class B misdemeanor.

Section 9: Unlicensed Person Operating a Motor Vehicle Prohibited
No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized hereunder. Violation of this section shall be deemed a Class B misdemeanor.

Section 10: Driving Without a License. Penalties
Any person whose operator's or chauffeur's license and driving privilege as a resident or nonresident has been canceled, suspended, or revoked under the provisions of this ordinance or state law, and who drives any motor vehicle upon the highways of this city while such license and privilege is canceled, suspended or revoked, and before an official reinstatement notice or termination notice is issued by the director is guilty of a misdemeanor and on conviction therefor shall be punished as follows:
A. For the first offense, by confinement in the county jail for a term not exceeding one year or by a fine not exceeding five hundred dollars, or by both such a fine and confinement;

B. For the second offense, by confinement in the county jail for a term of not less than fifteen days nor more than one year and a fine not to exceed five hundred dollars;
C. For the third and subsequent offenses, by confinement in the county jail for a term not less than sixty days nor more than one year and a fine not to exceed five hundred dollars.

Section 11: Manner of Operation of Motor Vehicles
Every person operating a motor vehicle on the highways of this city shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care. Violation of this section shall be deemed a Class B misdemeanor.

Section 12: Slow Speed - Regulation and Enforcement

Section 12.1: Slow Speed. Regulation of
No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with the law.

Section 12.2: Enforcement. Penalty
Peace officers may enforce the provisions of this section by directions to drivers, and in the event of apparent willful disobedience to this provision and refusal to comply with direction of an officer in accordance herewith, the continued slow operation by a driver is a Class B misdemeanor.

Section 13: Drive on Right of Highway - Traffic Lanes - Signs
Section 13.1: General Provisions
All vehicles not in motion shall be placed with their right side as near the right-hand side of the highway as practicable, except on streets in this city where vehicles are obliged to move in one direction only or parking of motor vehicles is regulated by ordinance.

Section 13.2: Exceptions
Upon all public roads or highways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
A. When overtaking or passing another vehicle proceeding in the same direction under the rules governing such movements;
B. When placing a vehicle in position for and when such vehicle is lawfully making a left turn in compliance with the provisions of the traffic regulations of this city;
C. When the right half of the roadway is closed to traffic while under
construction or repair;
D. Upon a roadway designated by local ordinance as a one-way street and
marked or signed for one-way traffic.

Section 13.3: Temporarily Designated Lanes
The authorities in charge of any highway or the state highway patrol may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway, and all members of the Missouri highway patrol and other peace officers may direct traffic in conformance with such signs. When authorized signs have been erected designating off-center traffic lanes, no person shall disobey the instructions given by such signs. Violation of any of the provisions of sections 13.1 through 13.3 shall be deemed a Class B misdemeanor.

Section 14: Unauthorized Signs
A. No person shall place, maintain, or display upon or in view of any street, alley, or highway, any unauthorized sign, signal, or marking, which purports to be, or is animitation of, or resembles an official traffic control sign, signal, marking, 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 devices or any railroad sign or signal, and no person shall place or maintain, nor shall any public authority permit upon any street, alley or highway any traffic sign, signal, marking, or device, bearing thereon, commercial advertising. This shall not be deemed to prohibit the erection on private property adjacent to such streets, alleys, or highway "provided they do not hide from view official signs, markings, signals, and devices" of signs giving useful directional information and of type that cannot be mistaken for official signs, signals, etc.
B. Every such prohibited sign, signal, marking, or device or other obstruction is hereby declared to be a public nuisance and the authority having jurisdiction over such streets, alleys, or highways is hereby empowered to remove the same or cause it to be removed without due notice. No person shall, without lawful authority, attempt to, or in fact, alter, deface, injure, knock down, or remove any official sign, signal, marking, or traffic control devices, or any railroad sign or signal or any inscription, shield, insignia thereon or any part thereof. Violation of any of the provisions of this section shall be deemed a Class B misdemeanor.

Section 15: Distance at Which Vehicles Must Follow
The driver of a vehicle shall not follow another vehicle more closely than is reasonably safe and prudent, have due regard for the speed of such vehicle and the traffic upon and the condition of the roadway. Vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated, except in a funeral procession or a duly authorized parade, so as to allow sufficient space between each such vehicle or combination of vehicles as to enable any other vehicle to overtake or pass such vehicles in safety. Violation of this section shall be deemed a Class B misdemeanor.

Section 16: Hand and Mechanical Signals

Section 16.1: General Provisions
No person shall stop or suddenly decrease the speed of or turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided herein.

Section 16.2: Hand Signal for Stopping
An operator or driver when stopping, or when checking the speed of his vehicle, if the movement of other vehicles may reasonably be affected by such checking of speed, shall extend his arm at an angle below horizontal so that the same may be seen in the rear of his vehicle;

Section 16.3: Hand Signal for Turning Right
An operator or driver intending to turn his vehicle to the right shall extend his arm at an angle above horizontal so that the same may be seen in front of and in the rear of his vehicle, and shall slow down and approach the intersecting highway long which he is proceeding before turning.

Section 16.4: Hand Signal for Turning Left
An operator or driver intending to turn his vehicle to the left shall extend his arm in a horizontal position so that the same may be seen in the rear of his vehicle, and shall slow down and approach the intersecting highway so that the left side of his vehicle shall be as near as practicable to the center line of the highway along which he is proceeding before turning;

Section 16.5: Signals in Good Mechanical Condition. Visible
The signals herein required shall be given either by means of the hand and arm or by a signal light or signal device in good mechanical condition of a type approved by the state highway patrol; however, when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle then such signals shall be given by such light or device. A vehicle shall be considered as so constructed or loaded that a hand and arm signal would not be visible both to the front and rear when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereon exceeds fourteen feet, which limit of fourteen feet shall apply to single vehicles or combinations of vehicles. The provisions of this subdivision shall not apply to any trailer which does not interfere with a clear view of the hand signals of the operator or of the signalling device upon the vehicle pulling said trailer; provided further than the provisions of this section as far as mechanical devices on vehicles so constructed that a hand and arm signal would not be visible both to the front and rear of such vehicle as above provided shall only be applicable to new vehicles registered within this state after the first day of January, 1954. Violation of any of the provisions of sections 16.1 through 16.5 shall be deemed a Class B misdemeanor.

Section 17: Emergency Vehicles

Section 17.1: Yielding to Emergency Vehicles
Upon the immediate approach of an emergency vehicle giving audible signal by siren or while having at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle or a flashing blue light, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as far as possible to the right of, the traveled portion of the highway and thereupon stop, and remain in such position until such emergency vehicle has passed, except when otherwise directed by a police or traffic officer.

Section 17.2: Emergency Vehicle Defined
An emergency vehicle is a vehicle of any of the following types:
A. Any vehicle qualifying as an emergency vehicle under state law.
B. A vehicle operated as an ambulance, or a vehicle operated by the state highway patrol, police or fire department, sheriff, constable or deputy sheriff, traffic officer or coroner;
C. Any wrecker, or tow truck or a vehicle owned and operated by a public utility or public service cooperation while performing emergency service;
D. Any vehicle transporting equipment designed to extricate human beings from
the wreckage of a motor vehicle.

Section 17.3: Sounding of Siren
The driver of any vehicle referred to in Section 17.2 shall not sound the siren thereon or have the front red lights or blue lights on except when said vehicle is responding to an emergency call or when in pursuit of an actual or suspected law violator, or when responding to, but not upon returning from a fire.

Section 17.4: Driver of Emergency Vehicles Exempt
The driver of an emergency vehicle may:
A. Park or stand irrespective of the provisions of this ordinance;
B. Proceed past a red or stop signal or stop sign, but only after slowing down
as may be necessary for safe operation;
C. Exceed the prima facie speed limit so long as he does not endanger life or
property;
D. Disregard regulations governing direction of movement or turning in specific directions.

Section 17.5: When Driver is Exempt
The exemptions herein granted to an emergency vehicle shall apply only when the driver of any such 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 or blue light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle. Violation of any of the provisions of sections 17.1 through 17.5 shall be deemed a Class B misdemeanor.

Section 18: Alteration or Removal of Traffic-Controlled Devices Prohibited
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. Violation of this section shall be deemed a Class B misdemeanor.

Section 19: Right-Of-Way At Intersection

Section 19.1: Intersection with no Traffic Control Device
The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway, provided, however, there is no form of traffic control at such intersection.

Section 19.2: Right-Of-Way When Vehicles Arrive at Intersection at Same Time
When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right. This subsection shall not apply to vehicles approaching each other from opposite directions when the driver of one of such vehicles is attempting to or is making a left turn.

Section 19.3: Vehicle Turning Left
The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

Section 19.4: State Highway Commission Jurisdiction
The state highway commission with reference to state highways and local authorities with reference to other highways under their jurisdiction may designate through highways and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to such intersection.

Section 19.5: Preferential Right-Of-Way
Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in this section:
A. 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 at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection roadway where the driver has a view of approaching traffic in the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which is approaching so closely on the highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.
B. The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable to the existing conditions, and, if required for safety to stop, 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. After slowing or stopping the driver 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 traffic is moving across or within the intersection.

Section 19.6: Intersection of Highway and Private Drive
The driver of a vehicle about to enter or cross a highway from an alley, building or private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered. The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard. Violation of any of the provisions of sections 19.1 through 19.5 shall be deemed a Class B misdemeanor.

Section 20: Headlamp on Motor Vehicles

Section 20.1: General Provisions
Except as in this Article provided, every motor vehicle other than a motor drawn vehicleand other than a motorcycle shall be equipped with at least two approved headlamps mounted at the same level with at least one on each side of the front of the vehicle. Every motorcycle shall be equipped with at least one and not more than two approved headlamps. Every motorcycle equipped with a sidecar or other attachment shall be equipped with a lamp on the outside limit of such attachment capable of displaying a white light to the front.

Section 20.2: Approved Headlamps. Taillamps
Approved headlamps and taillamps shall be described under Chapters 307, RSMo. Any violation of sections 20.1 through 20.2 shall be deemed a Class B misdemeanor.

Section 21: Taillamps. Reflectors

Section 21.1: Taillamps. Motor Vehicles
Every motor vehicle and every motor-drawn vehicle shall be equipped with at least two rear lamps, not less than fifteen inches or more than seventy-two inches above the ground upon which the vehicle stands, which when lighted will exhibit a red light plainly visible from a distance of five hundred feet to the rear. Either such rear lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration marker and render it clearly legible from a distance of fifty feet to the rear. When the rear registration marker is illuminated by an electric lamp other than the required rear lamps all such lamps shall be turned on or off only by the same control switch at all times.

Section 21.2: Taillamps. Motorcycles
Every motorcycle registered in this city, when operated on a highway, shall also carry at the rear, either as part of the rear lamp or separately, at least one approved red reflector, which shall be of such size and characteristics and so maintained as to be visible during the times when lighted lamps are required from all distances within three hundred feet to fifty feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps.

Section 21.3:
Every new passenger car, new commercial motor vehicle, motor drawn vehicle and omnibus with a capacity of more than six passengers registered in this state after January 1, 1966, when operated on a highway, shall also carry at the rear at least two approved red reflectors, at least one at each side, so designated, mounted on the vehicle and maintained as to be visible during the times which lighted lamps are required from all distances within five hundred feet to fifty feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps. Every such reflector shall meet the requirements of Chapter 307, RSMo., and shall be mounted upon the vehicle at a height not to exceed sixty inches nor less than fifteen inches above the surface upon which the vehicle stands. Any person who knowingly operates a motor vehicle without the lamps required in any of these sections in operable condition is guilty of Class B misdemeanor.

Section 22: Other Equipment of Motor Vehicles
A. Signaling Devices: Every motor vehicle shall be equipped with a horn, directed forward, or whistle in good working order, capable of emitting a sound adequatein quantity and volume to give warning of the approach of such vehicle to the users of the highway and to pedestrians. Such signaling device shall be used for warning purposes only and shall not be used for making any unnecessary noise, and no other sound-producing signaling device shall be used at any time.
B. Muffler Cutouts: Muffler cutouts shall not be used and no vehicle shall be driven in such manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling device, or other parts, or by any improperly loaded cargo. The motors of all motor vehicles shall be fitted with properly attached mufflers of such capacity or construction as to quiet the maximum possible exhaust noise as completely as is done in modern gas engine passenger motor vehicles. Any cutout or opening in the exhaust pipes between the motor and the muffler shall be so arranged that it cannot automatically open, or be opened or operated while such vehicle is in motion.
C. Brakes: All motor vehicles, except motorcycles, shall be provided at all times with two sets of adequate brakes, kept in good working order, and motorcycles shall be provided with one set of adequate brakes kept in good working order.
D. Mirrors: All motor vehicles which are so constructed or loaded that the operator cannot see the road behind such vehicles by looking back or around the side of such vehicle shall be equipped with a mirror so adjusted as to reveal the road behind and be visible from the operator's seat.
E. Projections on Vehicles: All vehicles carrying poles or other objects, which project more than five feet from the rear of such vehicle, shall, during the period when lights are required by this article, carry a red light at or near the rear end of the pole or other object so projecting. At other times a red flag or cloth, not less than sixteen inches square, shall be displayed at the end of such projection.
F. Tow Lines: When one vehicle is being towed by another they shall be coupled by a line so that the two vehicles will be separated by not more than fifteen feet and there shall be displayed on the tow line a white cloth or paper so that the same will be clearly visible to other users of the highway. During the time lights are required, the required lights shall be displayed by both vehicles. Violation of any of the provisions of this section shall be deemed a Class B misdemeanor.

Section 23: Certain Vehicles Prohibited

Section 23.1: General Provisions
It shall be unlawful to operate motor scooters, motor bikes, motorcycles, all-terrain vehicles, three wheel vehicles, four wheel vehicles, snowmobiles, bicycles, tricycles or any other self propelled or humanly propelled vehicle within any public part of the city, reservoir of the city or within or upon property owned by the city except upon regular driveways or parkways set aside for vehicular traffic or upon areas in such parks or public places designated specifically for motor scooters, motor bikes, motorcycles, all-terrain vehicles, three wheel vehicles, four wheel vehicles, snowmobiles, bicycles, tricycles or any other selfpropelled or humanly propelled vehicle use.

Section 23.2: Metal Tired Vehicles
No metal-tired vehicles shall be operated over any improved street or alley in the City of Browning, Missouri, except over streets and alleys constructed of gravel or clay bound gravel, if such vehicle has on the periphery of any of the road wheels any lug, flange, cleat, ridge, bolt, or any projection of metal or wood which projects radially beyond the tread or traffic surface of the tire, unless the surface of the streets or alley is protected by putting down solid planks or suitable material, or by attachments to the wheels so as to prevent such vehicles from damaging the surface of such street or alley, except that this prohibition shall not apply to tractors or traction engines equipped with what is known as caterpillar treads, when such caterpillar does not contain any projection of any kind likely to injure the surface of such street or alley: PROVIDED, however, that tractors, traction engines and similar vehicles may be operated which have in their road wheels, "V" shaped, diagonal or their cleats arranged in such a manner as to be continuously in contact with the road surface; PROVIDED, that the gross weight on the wheels per inch of such cleats or road surface, when measured in the direction of the axle of the vehicle, does not exceed eight hundred pounds.

Section 23.3:
The provisions of this section shall not be applicable to any properly designated emergency vehicle operated in response to any emergency or to city owned vehicles or to maintenance equipment operated by city employees pursuant to their employment duties.

Section 23.4: Special Permit
The Chief of Police with the approval of the City Clerk, may in his discretion issue special permits for the operation of vehicles whose sizes and weights exceed the limits prescribed in this section, but such permits shall be issued for a single trip or for a definite period and shall designate the streets and alleys which may be used for such permit.

Section 23.5: Penalty
Violation of any of the provisions of sections 23.1 through 23.5 shall be deemed a Class C misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $150.00.

Section 24. All Terrain Vehicles

Section 24.1: Definition
An all-terrain vehicle, as used herein, is any motorized vehicle manufactured primarily for off-highway use which is 50 inches or less in width, with an unladened dry weight of 600 pounds or less, traveling on three or more low pressure tires, with a seat designed to be straddled by the operator, and handlebars for steering control.

Section 24.2: Valid Drivers License Required
Operators of all-terrain vehicles in the City of Browning shall possess a valid driver's license or chauffeur's license issued by the State of Missouri or a State of the United States of America.

Section 24.3: Passengers Not Allowed
Operators shall not allow passengers to ride with them while operating all-terrain vehicles.

Section 24.4: Hours of Operation
All-terrain vehicles shall not be operated in the City of Browning between the hours of 11:00 p.m. and 6:00 a.m.

Section 24:5: Mufflers
All-terrain vehicles shall be equipped with a properly adjusted muffler. No all-terrain vehicles shall, within the corporate limits of the city, be operated in such a manner or condition that excessive and unnecessary noises shall be made by its machinery, motor or other parts. The motors of all-terrain vehicles shall be fitted with properly attached mufflers of sufficient capacity and construction as to quiet the maximum possible exhaust noise as completely as is done in modern gas engine passenger motor vehicles. Any "cut-out" or opening in the exhaust line between the motor and muffler shall be completely closed at all times.

Section 24.6: Traffic Regulations
No person shall operate an all-terrain vehicle in violation of the traffic regulations of the City of Browning. All-terrain vehicles may only be driven on the streets, alleys and roads and may not be driven on sidewalks in the City of Browning. Motor vehicles as used in the traffic ordinances of the City of Browning shall include all-terrain vehicles.

Section 24.7: Safety Flag
When operated in the City of Browning, an all-terrain vehicle shall have a bicycle safety flag, which extends not less than seven feet above the ground, attached to the rear of the vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than thirty square inches and shall be day-glow in color.

Section 24.8: Penalty
Any person who shall violate any of the provisions of sections 24.1 through 24.8 shall be deemed guilty of a Class B misdemeanor, and upon conviction shall be punished by a fine of not less than $15.00, and not more than $500.00, or by imprisonment in the city jail not to exceed 90 days or by both such fine and imprisonment in addition to the costs ofprosecution.

Section 25: Bicycles

Section 25.1: General Provisions
Every person riding a bicycle upon a roadway within the City Limits of Browning, Missouri, shall be granted all the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of the State of Missouri declaring rules of the road applicable to vehicles or by traffic ordinances of this city applicable to the driver of a vehicle, except as to special regulations in this Section 25 of this ordinance and except as to those provisions of laws and ordinances which by their nature can have no application.

Section 25.2:
No person shall operate a bicycle at a speed greater than is reasonable and prudent underthe conditions then existing.

Section 25.3: Right-of-Way
Whenever a 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. Violation of any of the provisions of sections 25.1 through 25.3 shall be deemed an infraction.

Section 26: Parking Regulations

Section 26.1: General Provisions
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic, or in compliance with the direction of a police officer, or traffic control device, in any of the following places:

1. On a sidewalk.
2. In front of a public or private driveway.
3. Within an intersection.
4. Within ten feet of a fire hydrant.
5. On a crosswalk.
6. Within 10 feet of a crosswalk, at an intersection.
7. Within 40 feet upon the approach to any stop sign or traffic control sign,
signal or device located at the side of the road.
8. Within 20 feet of the driveway entrance to any fire station and on the side of roadway opposite the entrance to any fire station within 75 feet of said entrance (when properly signposted).
9. Alongside or opposite any street excavation or obstruction when such stopping, standing or parking could obstruct traffic.
10. On the roadway side of any vehicle stopped or parked at the edge or curb of the street or highway (Double Parked).
11. At any place where official signs designate a prohibited area or away from a curb, such distance as is lawful.
12. Within 10 feet of any mailbox used for rural free delivery.
13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel. No person shall move a vehicle not owned by such person into any such prohibited area or away from a curb, such distance as is unlawful. Whenever streets or curbs shall be marked for parking, all vehicles shall park within the markings and no part of said vehicle shall be permitted to extend over such markings.

Section 26.2: Leaving a Parking Place
No person shall leave a parking place unless the way is clear of approaching traffic.

Section 26.3: Specific Parking Restrictions
No motor vehicle shall be parked on either side of Highway 5 between the southern city limits and the northern city limits of the City of Browning, Missouri.

Section 26.4: Penalty for Violation
Any person violating any of the provisions of sections 26.1 through 26.3 of this ordinance shall be deemed guilty of a Class C misdemeanor and upon conviction shall be fined not less than Five Dollars ($5.00) and not more than One Hundred Dollars ($100.00) or confinement in the County Jail for a period not to exceed ninety days or both such fine and imprisonment.

Section 27: Speed Limits

Section 27.1: General Provisions
Local authorities, with respect to roads under their jurisdiction, or any section where construction or major maintenance operations are being effected, may fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of Section 11 of this ordinance.

Section 27.2: Twenty-five (25) Miles Per Hour - Exceptions
The speed limit on all public streets, roads and highways within the city limits of Browning, Missouri, shall be twenty-five (25) miles per hour with the following exceptions:
A. Missouri Route 5. The speed limit for that portion of Missouri Route 5 lying within the city limits of Browning and located from the south city limits north to Fir Street, and from the north city limits south to Ash Street shall be 45 miles per hour. The speed limit for that portion of Missouri Route 5 lying within the city limits of Browning and located from Ash Street south to Fir Street shall be 35 miles per hour.
B. Main Street (Route 0 and MM). The speed limit for that portion of Main Street lying within the city limits of Browning and located from the east city limits West to VanBuren Street, and from the West city limits East to Sixth Street shall be 35 miles per hour.
C. Main Street Defined. For purpose of this ordinance, although Main Street is designated as County Route 0 from the East city limits West to Missouri Route S and is designated as County Route MM from Missouri Route S West to the West city limit, any reference to County Route 0 or County Route MM shall be deemed to refer to Main Street and vice-versa.
Violation of any of the provisions of sections 27.1 through 27.2 shall be deemed a Class C misdemeanor.

Section 28: Traffic Control Signs

Section 28.1: Vehicles to Stop at Stop Signs
(a) Except when directed to proceed by a police officer, 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.
(b) Such driver, after having stopped, shall yield the right of way to any vehicle which has entered the intersection from another street or which is approaching so closely on said street as to constitute an immediate hazard, but said driver, having so yielded, may proceed and the driver of all other vehicles approaching the intersection shall yield the right of way to the vehicle so proceeding.

Section 28.2: Placement of Stop Signs
Stop signs shall be placed and maintained on each and every street intersecting such street or intersecting that portion thereof described and designated in.
Section 28.3: Location of Stop Signs
1. Alonzo Street and Main Street Ä northbound and southbound
2. VanBuren Street and Main Street -- northbound and southbound
3. First Street and Main Street -- northbound and southbound
4. Second Street and Main Street -- northbound
5. Fourth Street and Main Street -- northbound and southbound
6. Fifth Street and Main Street -- northbound and southbound
7. Sixth Street and Main Street -- northbound and southbound
8. Seventh Street and Main Street -- northbound and southbound
9. Line Street and Missouri Route 5 -- eastbound and westbound
10. Main Street and Missouri Route 5 Ä eastbound and westbound
11. Park Street and Missouri Route 5 -- eastbound and westbound
12. Elm Street and Missouri Route 5 -- eastbound and westbound
13. Fourth Street and Missouri Route 5 Ä southbound
14. Field Drive and Main Street -- northbound

Section 28.4: Violations
Violation of any of the provisions of sections 28 through 28.3 shall be deemed a Class C misdemeanor.

Section 29: Abandoned Vehicles

Section 29.1: Definition of Abandoned Vehicles
In this ordinance, the phrase "abandoned vehicle" shall mean any motor vehicle which has been left in the public streets or in any public place or on open lands, and:
(a) For which no arrangements have been made for its storage with the owner
or occupant of the premises on which it is located, or
(b) Whose owner has indicated by his words or actions an intent to leave the same and no longer claim ownership thereof, or
(c) Such vehicle has not been moved in a period of five (5) days.

Section 29.2: Abandonment Prohibited
No person shall abandon or permit the abandonment on public or private property within the city of any motor vehicle owned by him or under his control or in his possession at the time of abandonment.

Section 29.3: Nonoperating. Junked Vehicles Prohibited
No person shall leave any partially dismantled, nonoperating, wrecked or junked vehicle, or vehicle in a state of substantial disrepair on any street, highway or public place in the city; and no such vehicle shall be stored in the open on any private property in the city for more than thirty (30) days.

Section 29.4: Duty of Owners of Property
No person owning, in charge of or in control of any real property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any abandoned vehicle, partially dismantled, nonoperating, wrecked or junked vehicle or vehicle in a state of substantial disrepair to remain on such property longer than thirty (30) days.

Section 29.5: Duty of Owner of Vehicle
Where any motor vehicle is in such condition that it is no longer operable, then the person in charge or control, whether as owner, tenant, occupant, lessee or otherwise, of property on which such motor vehicle is situated shall remove and dispose of such motor vehicle through a private contractor by private means after thirty (30) days.

Section 29.6: Removal by Law Enforcement Official
Where the person in charge or control of the property, whether as owner, tenant, occupant, lessee or otherwise, after having been given ten (10) days notice has failed to remove the abandoned vehicle, then any law enforcement officer of the city is hereby authorized to arrange for prompt removal, but such action by the law enforcement officer of the city shall not provide a defense or excuse to the person in charge or control of such property for failure to comply with this ordinance.

Section 29.7: Liability for Expense of Removal

The person in charge or control of the property upon which an abandoned vehicle is located shall pay and be jointly and severally liable for all
costs incurred by the city in effecting the removal of such vehicle.

Section 29.8: Assessment of Expenses
In the event that payment of the costs and expenses of removal of any vehicle under the provisions of this ordinance is not made on demand, such costs shall be assessed against the property on which such vehicle was located, as provided by law in the case of special assessments, and such costs shall be collected by the city collector as taxes assessed against the property. Such costs and expenses shall, like taxes, be a first lien on the property affected thereby until paid.

Section 29.9: Removal of Unoperable Vehicles
Where any motor vehicle is in such condition that it is no longer operable and has been left in the city in the possession of a person other than the owner
thereof, then the person in charge or control, whether as owner, tenant, occupant, lessee or otherwise of property on which such motor vehicle is situated, shall give ten (10) days written notice to the owner of such vehicle addressed to him at his last known address (which if not known to such person in charge shall be obtained from any law enforcement official of the city) to remove such vehicle and pay such reasonable charges as have been incurred in transporting and storing such vehicle. If at the end of such ten (10) day period the owner of such vehicle, has not reimbursed the person in charge or control of such vehicle the reasonable transporting and storing charges and has not also removed such vehicle from the charge or control of the person in charge or control of such vehicle, then such person in charge or control of the vehicle shall sell such vehicle at public or private sale for the best price obtainable, crediting the proceeds received for the payment of such transportation and storage charges and the balance, if any, to the owner of such vehicle, and such vehicle shall then be removed from the city.

Section 29.10: Removal Without Notice
Where the existence of a motor vehicle on public property, private property or on a street or highway shall be an immediate hazard and thereby constituting a nuisance, requiring prompt abatement, any law enforcement official may without notice cause the same to be removed, and the said law enforcement official shall thereupon notify the owner or owners of such vehicle if known, by certified mail, of the location thereof and of the right of such owner to secure return of possession of the vehicle upon payment of the costs of removal and storage. Nothing herein shall be construed to provide the owner with a defense against any sections of this ordinance.

Section 29.11: Inside Storage Permitted
Nothing contained in this article shall be deemed to prohibit the storage of motor vehicles in disrepair in an enclosed building.

Section 29.12: Sale of Vehicles for Costs
Whenever the law enforcement official of the city removes any motor vehicle from any property under the provisions of this ordinance, he shall notify the owner, if known, by certified mail, of the location thereof, and of the right of the owner to secure return of possession of such motor vehicle upon payment of the costs of removal and storage. If such vehicle remains unclaimed or the costs of its removal and storage remain unpaid after thirty (30) days from the date of removal, such vehicle shall be sold by the law enforcement official of the city for the best obtainable price at public or private sale, and the proceeds of such sale shall be turned over to the treasurer and shall be
added to the city's general revenue funds.

Section 29.13: Violations
Violation of any of the provisions of sections 29.1 through 29.12 shall be deemed a Class B misdemeanor.

Section 30: Definitions
Unless otherwise designated, or unless the context requires a different definition or application, the definition or application of legal terms or phrases shall be as defined or applied by state statute or rules of court.

Section 31: Repeal of Conflicting Ordinances
That all ordinances and parts of ordinances in conflict herewith are hereby repealed.

Section 32: Effective Upon Passage
That this ordinance shall be in full force and effect from and after its passage.

PASSED AND APPROVED this 10th day of October, 1996.

Eldon W. Head (signature)
Eldon Head, Mayor

ATTEST:
Nancy Smith (signature)
Nancy Smith, City Clerk

(SEAL)