AN ORDINANCE
CITY OF BROWNING
COUNTY OF LINN

BILL NO.______ ORDINANCE NO. 96 [part 1]
AN ORDINANCE ACTING UNDER AUTHORITY GRANTED BY SECTION 304.120 R.S. Mo. 1949, REGULATING THE MOVEMENT OF TRAFFIC UPON THE MISSOURI, AND PROVIDING A PENALTY AND PUNISHMENT FOR THE VIOLATION THEREOF.
Be it ordained by the (board of aldermen), as follows:
GENERAL PROVISIONS
SECTION ONE (1) Relating to and in compliance with Article IV, SECTION 30 of the constitution of this state, SECTIONS 226.190 and 226.150 R. S. Mo. 1949, and SECTION 12 of the 1944 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.
SECTION TWO (2) 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 ordinance.
SECTION THREE (3) No person shall wilfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
SECTION FOUR (4) The provisions of this ordinance shall apply to the driver of any vehicle owned by, or used in the service of the United States Government, this state, county or municipality, or any other driver of a vehicle, and it shall be unlawful for any said driver to violate any of the provisions, regulation or regulations of this ordinance, except as otherwise permitted in this ordinance or by state law.

SECTION FIVE (5) The local officials of this municipality recognize as applicable to all highways, streets or alleys within the corporate limits, SECTIONS 304.014 to 304.026 incl. - R.S. Mo. Suppl. 1953 (Rules of the Road revised 1953), and all police officers are hereby ordered to enforce such provisions, regulation or regulations in like manner and effect and in the same manner as the provisions, regulation and regulations of this ordinance.
SECTION SIX (6) - TYPES OF TRAFFIC SHALL OBEY TRAFFIC REGULATIONS
(a) - Every person propelling any push cart or riding or driving any animal or animals upon a roadway, and any person driving an animal-drawn vehicle shall be subject to the provisions, regulation or regulations applicable to the driver of any vehicle, except those provisions, regulation or regulations of this ordinance which by their very nature can have no application.
(b) - All persons, riding or driving upon any motor scooter, motor bike, motorcycle, coaster sled, roller skates, bicycle, or any toy or diminutive vehicle shall not at any time attach the same or himself or themselves to any street car, bus, truck, motor vehicle or any moving vehicles upon any highway, street or alley; and while so riding or driving shall be subject to the same provisions, regulation or regulations applicable to and applying to the driver of any vehicle, or to the regulation or regulations of pedestrians.
SECTION SEVEN (7) - REMOVING AND TOWING ILLEGALLY OBSTRUCTING VEHICLES 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 fee payment either by parking meter or personal administration, all when duly posted as such.
SECTION EIGHT (8) - USE AND RESULTS OF SPEED METERS PRIMA FACIE EVIDENCE. 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 there of shall not be construed to exclude any competent evidence secured by any other manner or means.
SECTION NINE (9) - CARELESS AND RECKLESS DRIVING Whenever in this ordinance or state law regulating traffic, or any subsequent or previous enactment of any provisions, regulation or regulations relating to the same intent or subject matter thereof, any driver who shall recklessly and carelessly disregard by non-compliance those provisions, regulation or regulations authorized to protect person, property, life and limb, such reckless and careless disregard, and non-compliance within the meaning of this ordinance shall be regarded as prima facie evidence of careless and reckless driving and so punished.
SECTION TEN (10) - AUTHORITY GRANTED HEREUNDER The proper officials of this municipality and the Missouri State Highway Commission or their legal agents, are and shall be authorized to paint, mark, place, erect, and maintain official signs, signals and markings or traffic control devices as authorized herein or by state law, on the surface, suspended over with legal clearance, or by the side of the traveled highway, as informational to the traveling public, and as a warning to all vehicle operators and pedestrians.
SECTION ELEVEN (11) - ADDITIONAL AUTHORIZATION 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 ordinance.
(4) - To erect or place signs and markings establishing cross-overs 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 c complete STOP before entering or crossing such, when properly sigh posted and marked.

RULES, REGULATION OR REGULATIONS
SECTION TWELVE (12) - SPEEDS, SPEED LIMITS, SPEED ZONES
(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 and 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 prima facie 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 not 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 R.S.Mo. Supp. 1953.
(d) - The provisions of this section declaring prima facie speed limits in posted zones, or otherwise, shall not be construed to relieve the plaintiff in any civil action from the burden proximate cause of an accident.
(e) - Any speed of a vehicle in excess of the following, (which shall never be conclusive nor have the effect of shifting the burden of proof), shall be considered prima facie 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:
STATE ROUTE 5:
From and including the intersection of "F" Street Northerly to and including the intersection of "A" Street a speed of thirty-five (35) miles per hour. On all remaining portion of State Route 5, lying between the North City limits and the South City limits, a speed of forty-five (45) miles per hour.
STATE SUPPLEMENTARY ROUTE MM:
From and including the intersection of Vanburen Avenue, Westerly to State Route 5 a speed of twenty-five (25) miles per hour. On all remaining portion of State Supplementary Route O, lying between the East City limits and State Route 5 a speed of thirty-five (35)Miles per hour. On all the remaining streets and alleys lying within the corporate limits of the City of Browning, Missouri, a speed of twenty-five (25) miles per hour.
(f) - The Mayor & Board of Aldermen of the municipality aforesaid, are 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 subsection (c) of this section.