96 part 2
SECTION THIRTEEN (13) - THROUGHWAYS
By this ordinance 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.
SECTION FOURTEEN (14) - NO "U" TURNS, LEFT TURNS OR RIGHT TURNS
Where signs are duly posted stating NO "U" TURNS, NO LEFT TURNS, NO RIGHT TURNS, or words to that effect, it shall be unlawful for the driver of any vehicle to make such forbidden traffic movements within any intersection or on any portion of a highway, street or alley adjacent to or between any intersection.
SECTION FIFTEEN (15) - OBSTRUCTING FREEWAY
Parking, unparking, stopping, standing, manner of driving or otherwise obstruction, 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 Schedule B, attached hereto and made a part of this ordinance, and any person so parking, unparking, stopping, standing, manner of driving or otherwise obstruction 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 ordinance, that not less than 24 feet in width shall constitute an unobstructed freeway, travelway or throughway on all state and federal marked highways in this municipality.
SECTION SIXTEEN (16) - STOP, STOPPING, STOP SIGNS
(a) - The driver of a vehicle shall stop as required by this ordinance at the entrance to a throughway, or at any other location where stop signs are posted, and shall yield the right of way to other vehicles which have entered the intersection on the throughway or other opposing roadway, or which are approaching so closely on such as to constitute an immediate hazard.
(b) - When 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) - Non-compliance and careless and reckless disregard of the provisions of this section shall be deemed within the meaning of this ordinance and the judgement of the police officer enforcing as prima facie evidence of careless and reckless driving and so punished.
SECTION SEVENTEEN (17) - PEDESTRIANS
(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.
(b) - Whenever any vehicle is stopped at a marked crosswalk or at any other crossing of the roadway to permit a pedestrian to cross such roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(c) - Notwithstanding the foregoing provisions of this ordinance, every driver of a vehicle shall exercise due 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 aged, confused, incapacitated person, or blind person with white cane or seeing eye dog upon or crossing a roadway.
SECTION EIGHTEEN (18) - ONE WAY STREETS
Upon all highways, streets or alleys or portions thereof, within this municipality, where directional signs or markings are placed, or signs or marking reading "One Way" or words to that effect, vehicular traffic shall move only in the indicated direction, and when such indicating signs or markings are plainly visible at any place, movement in the opposite direction is prohibited.
SECTION NINETEEN (19) - 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 such school bus resumes motion or 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.
SECTION TWENTY (20) - GENERAL PARKING REGULATIONS
(a) - 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, 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 fifteen (15) feet of a fire hydrant;
(5) - On a crosswalk;
(6) - Within 20 feet of a crosswalk at an intersection;
(7) - Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic control signal, unless the traffic authority shall indicate a different length by signs or markings and warranted for stopping storage;
(8) - Between a safety zone and the adjacent curb or within 30 feet or points on the curb immediately opposite the ends of a safety zone, unless the traffic authority shall indicate a different length by signs or markings;
(9) - Within 50 feet or the nearest rail of a railroad crossing;
(10) - Within 20 feet in either direction of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fir station within 75 feet of said entrance (when ;properly sign-posted or marked);
(11) - Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
(12) - On the roadway side of any vehicle stopped or parked at the edge or curb of a street or highway;
(13) - Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
(14) - At any place where official signs prohibit stopping, standing or parking;
(15) - Within 10 feet in each direction from any mailbox used for rural delivery.
(b) - Except as otherwise provided in this section every vehicle stopped or parked upon any roadway or street where there are adjacent curbs shall be stopped or parked with the right hand wheels of such vehicle parallel to and within 18 inches of the right hand curb. And where curbs do not exist such stopping or parking shall be completed in such manner as to leave the necessary paved travelway plus one foot on each side available as a freeway.
TRAFFIC CONTROL SIGNALS INSTALLED SECTION VOID
SECTION TWENTY-ONE (21) - FLASHING SIGNALS
Whenever an illuminated flashing RED or AMBER 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 cross-walk at an intersection or at a limit line when so 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 AMBER - CAUTION SIGNAL - When an amber lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
SECTION TWENTY-TWO (22) - FLASHING SIGNALS INSTALLED WHERE
It is hereby ordered by this ordinance 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 Twenty-One (21) of this ordinance shall fully apply in its future operation. Jct. State Route 5 and State Supplementary Routes O and MM - Red 4-Way Flasher presently installed and in operation, and is to remain.
SECTION TWENTY-THREE (23) - UNAUTHORIZED SIGNS, SIGNALS, ETC.
(a) - No person shall place, maintain, or display upon or in view of any street, alley or highway in said county, any unauthorized sign, signal, or marking, which purports to be, or is an imitation 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 traffic control device or railroad sign or signal, and no person shall place and maintain, nor shall the county court permit on any street, alley or highway in said county, any 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.
(b) - 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.
SECTION TWENTY-FOUR (24) - UNLAWFUL TO ALTER OR DESTROY TRAFFIC CONTROL DEVICES 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 device, or any railroad sign or signal, or any inscription, shield, or insignia thereon or any part thereof.
SECTION TWENTY-FIVE (25) - PARKING ADJACENT TO CHURCH OR SCHOOL PROPERTY
The proper officials of this municipality and the State Highway Commission, or their agents, in their respective jurisdiction, may prohibit stopping, standing or parking on any portion of a highway, street or alley within the corporate limits, adjacent and contiguous to the property of any school, church or public buildings owned by and related to the general use of the public, when in their opinion the same would interfere with and be hazardous to such places. When listed under Schedule (K), attached, hereto, and made a part of this ordinance, duly marked or posted, it shall be unlawful to do the act or acts forbidden.
SECTION TWENTY-SIX (26) - ANGLE PARKING WHERE PERMITTED
Angle parking within the corporate limits of this municipality in contradiction to section Twenty (20) 15b of this ordinance will be permitted on such highways, streets or alleys or portions thereof, and for such periods of time as described and listed in Schedule (M), attached, hereto, and made a part of this ordinance. On State Supplementary Route MM< (Main Street), between Sixth Street and State Route 5 at any hour during the day or night.
SECTION TWENTY-SEVEN (27) - MOVEMENT OF FIRE APPARATUS
(a) - The driver of any vehicle other than one on official business or stipulated as an emergency vehicle, shall not follow any fire apparatus or other vehicles thereto pertaining, traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within the block (and where not designated by blocks within 500 feet), where the fire apparatus has stopped in answer to a fire alarm.
(b) - No street car or other vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway or street car track, or other place when commanded not to so do, without the full consent of the fire department official in command.
(c) - Every such driver of a vehicle, or any pedestrian shall at all times heed and obey any order, instruction, rule, regulation or regulations as given by a police officer or fire department ;official in command, where fire apparatus or other vehicles pertaining ;have stopped in response to a fire alarm or emergency call.
SECTION TWENTY-EIGHT (28) No person ;shall park any type of vehicle or movable object on ;any highway, street or alley in this municipality for the principal purpose of :
(a) - Displaying such vehicle or movable object or sale.
(b) - Washing, greasing or repairing such vehicle or moveable object except repairs necessitated by an emergency mechanical failure.
SECTION TWENTY-NINE (29) - DANGEROUSLY OR CARELESSLY 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.
SECTION THIRTY (30) - AUTHORIZE PLAYGROUND, CHURCH AND SCHOOL STOPS
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.
SECTION THIRTY-ONE (31) - RESTRICTED ACCESS No person shall drive a vehicle onto or rom any limited access roadway, except at such entrances and exits as are established by public authority.
DRIVING ON DIVIDED HIGHWAYS SECTION VOID
SECTION THIRTY-TWO (32) RELATING TO OFFENSIVE ODOR CARGO It shall be unlawful for any person or persons driving a motor vehicle carrying livestock, garbage, carrion, fecal matter, or any odoriferous cargo, which may be declared a public nuisance detrimental to public health and welfare to park the same within two hundred feet of any residence or business establishment (except for loading or unloading purposes and then not exceeding thirty (30) minutes) at any area or place in this municipality. It shall further be unlawful to park such motor vehicle, empty, which has been hauling or contains such described odoriferous matter which may likewise be classed as a nuisance within two hundred (200) feet of any residence or business establishment in this municipality, until the same has been thoroughly cleaned and disinfected according to the orders of health officials.
SECTION THIRTY-THREE (33) - VEHICLES FOR TRANSPORTATION - HOW CONSTRUCTED
(1) - All vehicles ;used in the transportation of the bodies of dead animals, under the provisions of this ordinance, shall have a tank or metal lining in the bed of such vehicle, so that no drippings, or seepage from dead bodies shall escape from such vehicle while engaged in such transportation, and every vehicle shall have a bed of such depth and type of construction and equipment that any dead bodies therein shall be completely hidden from view of persons using the highways, streets or alleys and any public nuisance obviated while being transported.
(2) - 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.
SECTION THIRTY-FOUR (34) - THREE-WAY AND FOUR-WAY STOPS, WHERE?
At the following described intersections or locations three-way and four-way stop signs are hereby ordered installed, and in relation to any highway or street which in its entirety has heretofore been declared a through highway or throughway, any stop on such heretofore declared throughway or through highway shall have full force and effect in like manner to a stop sign placed where any minor highway or street leads into or crosses ;such throughway or through highway and every driver shall come to a stop when so posted and directed: Four-way stop signs at Jct. of State Route 5 and State Supplementary Routes MM and O.
SECTION THIRTY-FIVE - RAILROAD GRADE CROSSINGS Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this act, the driver of such vehicle shall STOP within forty (40) feet, but not less than twenty (20) feet, from the nearest rail of such railroad track, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:
(1) - A clearly visible electric or mechanical signaling 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 of a railroad train.
(3) - A railroad train approaching within approximately 1500 feet of the highway, street or alley crossing emits a signal audible from such distance, and such railroad train by reason of its speed or nearness to such grade crossing, is an immediate hazard.
(4) - An approaching train is plainly visible and is in hazardous proximity to such crossing.
(5) - No person shall drive any vehicle, through, around or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being closed.
SECTION THIRTY-SIX - WEIGHT REGULATIONS
a) - 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 R.S. Mo. Supp. 1951.
b) - 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.
c) - Any person, firm, corporations, 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 R.S. Mo. Supp. 1951, 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, R.S. Mo. Supp. 1951.
SCHEDULE B
OF
SECTION 15 OF THIS ORDINANCE ATTACHED
HERETO AND MADE A PART HEREOF
SCHEDULE B - Relating to the provisions of SECTION 15 of this ordinance 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 15. On State Route 5 and State Supplementary Routes MM and O, lying within the city limits of the City of Browning, Mo., a clear, free and unimpeded width of Twenty-Four (24) feet.
SECTION THIRTY-SEVEN Any part of this ordinance 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 ordinance and (The Council)- (Board of Aldermen) - (Village Trustees) hereby declare it would have enacted the remainder of this ordinance regardless of the part or parts that may have been declared invalid.
SECTION THIRTY-EIGHT Any person who violates any of the provisions of this ordinance or of 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 one year or by both such fine and imprisonment.
SECTION THIRTY-NINE (39) All ordinances or parts or ordinances, inconsistent with, contrary to, or in any manner conflicting with this ordinance are hereby repealed.
SECTION FORTY (40) This ordinance shall be in full force and effect from and after the date of its passage and approval. Read three times, passed and approved on the 5th day of November, 1959.
APPROVED AS TO FORM
City Attorney, L.E. Atherton Mayor, C. W. Gooch Chairman, Ray Nickell
Presiding Officer, Mayor City Clerk, Aaron D. Peterson
CITY CLERK'S CERTIFICATE
STATE OF MISSOURI
COUNTY OF LINN
I Aaron D. Peterson, CITY CLERK OF THE CITY OF BROWNING, MO, LINN COUNTY, BEING A CITY OF THE FOURTH CLASS, HEREBY CERTIFY THE ATTACHED ORDINANCE NO. 96 WAS LAWFULLY ADOPTED BY THE GOVERNING BODY OF SAID CITY AND THAT SAID ORDINANCE AND A RECORD OF THE VOTE THEREON WAS DULY ENTERED OF RECORD IN MY OFFICE, AND THAT SAID ORDINANCE WAS DULY APPROVED BY THE OFFICER PRESIDING AT THE MEETING DURING WHICH IT WAS ENACTED.
WITNESS MY HAND AND THE SEAL OF MY OFFICE ON THE 5TH DAY OF NOVEMBER, 1959.
CITY CLERK, AARON D. PETERSON