City of pleasant hope missouri municipal code

Chapter 360 - Motorcycles, Motor Bikes, Motor Scooters

Section 360.010: Riding on Motorcycles

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 it designed for two persons, or upon another seat firmly attached to the rear or side of the operator, and motorcycle must be equipped with footrests for passenger.

Section 360.020: Safety Helmet or Headgear Required

It shall be unlawful for any person to operate or occupy as a passenger any motorcycle, motor bike or motor scooter upon any public street, alley, sidewalk, or other thoroughfare or in any public park within the city limit unless such person is wearing a type of safety helmet or headgear, the minimum protective standards for which shall be determined by the Chief of Police. Said Chief of Police, in determining such minimum protective standards for safety helmets or for protective headgear for vehicular users as approved by the American Standards Association now in effect or as hereafter amended by such association. Said minimum protective standards specifications shall be currently maintained by said Chief of Police and made available at all times for public inspection.

Section 360.030: Requirements for Persons Leasing Such Vehicles

Sub Section A. It shall be unlawful for anyone to rent, lease or lend any motorcycle, motor scooter or motor bike to any person without first ascertaining that such a person or passenger is equipped with a safety helmet or headgear, the minimum standards for which have been determined by the Chief of Police as provided for in paragraph above. If such person is not so equipped, he shall provide same before renting, leasing or lending any motorcycle, motor scooter or motor bike to such person.
Sub Section B. Every motorcycle, motor bike or motor scooter leased, rented or loaned by any individual must have proper state registration.
Sub Section C. No person shall rent, lease or lend any motorcycle, motor scooter or motor bike to any person without first ascertaining that such person possesses a valid state operator's license for the operation of a motor vehicle upon the public street.

Section 360.040: Requirement for Persons Operating Such Vehicles

No one shall operate any motorcycle, motor scooter or motor bike without possessing a valid state operator's license.

Section 360.050: Lamps

It shall be unlawful for any person to ride or operate any motorcycle, motor scooter or motor bike upon the public street, alleys or other thoroughfares, or in any public park within the City limits after sundown unless such motorcycle, motor scooter or motor bike is equipped with a light on the front and rear of such vehicle and such lights are burning.

Chapter 365 - Violations, Procedure on Arrest and Penalties

Section 365.010: Forms and Records of Traffic Citations and Arrests

The City shall provide books to include traffic citation forms for notifying alleged violators to appear and answer to charges of violating traffic laws and ordinances in the municipal court.

Section 365.020: Procedure of Police Officers Issuing Citations

Except when authorized or directed under state law to immediately take a person before a magistrate 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 who does not take such a person into custody under arrest shall take the name, address, the registration number of the motor vehicle involved and such other pertinent information as may be necessary, and shall issue to him in writing, on a form provided by the City, a traffic citation containing a notice to answer to the charge against him in the municipal court at a time to be specified in such citation.

Section 365.030: Disposition of Traffic Citations, Warrants and Complaints

The following rules shall govern the disposition of traffic records:

1. 
   Every police officer, upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this State or of any provision of this traffic code, shall deposit the original and a duplicate copy of the citation at the direction of the Chief of Police, who shall cause the original to be delivered to the municipal court and the duplicate copy to the records section of the police department.
   
2. 
   Upon the filing of such original citation in the municipal court of this City as aforesaid, such citation may be disposed of only by trial in such court or by other official action, including forfeiture of bail or by payment of a fine to a representative of the presiding officer of such court.
   
3. 
   The Chief of Police shall also maintain or cause to be maintained in connection with every traffic citation issued by a member of the police department a record of the disposition of the charge of the Municipal Court.
   
4. 
   The Chief of Police shall also maintain or cause to be maintained a record of all warrants issued by the municipal court on such traffic violation charges and which are delivered to the police department for service, and of the final disposition of all such warrants.
   
5. 
   It shall be unlawful and official misconduct for any member of the police department or other officer or public employee to dispose of, alter or deface a traffic citation or any copy thereof or the record of the issuance or disposition of any traffic citation, complaint or warrant in a manner other than is required in this Section; provided, that nothing in this Section shall prevent the City attorney or City prosecutor from changing the charge in a citation.
   

Section 365.040: Illegal Cancellation of Traffic Citations

It shall be unlawful for any person to cancel or solicit the cancellation of any traffic citation in any manner other than as provided by this Title.

Section 365.050: Placing of Citations on Illegally Parked Vehicles

The Presence of Illegally Parked vehicle is Prima Facie Evidence That Owner Committed or Authorized Violation.
Sub Section A. Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by this section, 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 traffic citation, on a form provided by the City, for the driver or registered owner to answer the charge against him during the hours and at a place specified in the citation.

Sub Section B. The fact that a motor vehicle which is illegally parked is registered in the name of a person shall be considered prima facie proof that such person was in control of the automobile at the time of such violation.

Section 365.060: Failure to Comply with Traffic Citation Attached to Parked Vehicle

If a violator of the restrictions on stopping, standing or parking under this Title doer, not appear in response to a traffic citation affixed to such motor vehicle within the specified time Of citation, the clerk of the municipal court shall send to the owner of the motor vehicle to which traffic citation was affixed a notice by mail informing him of the violation and warning him that in the event such notice is disregarded for a period of five days a warrant of arrest will be issued.

Section 365.070: Issuance of Warrant for Failure to Comply with Summons

Sub Section A. Directing Appearance In Municipal Court.

In the event any person fails to comply with a traffic citation given to him or attached to a vehicle belonging to him or fails to make appearance pursuant to a summons directing an appearance in municipal court, or if any person falls or refuses to deposit bail as required and within the time permitted by this or other City ordinances, the clerk of the municipal court shall secure and issue a warrant for his arrest.

Section 365.080: Record of Traffic Cases; Report of Convictions to State

The municipal court shall keep or cause to be kept a record of every traffic complaint, traffic citation or other legal form of traffic charge deposited with or presented to such court, and shall keep a record of every official action by such court in reference thereto, including but not limited to a record of every conviction, forfeiture resulting from every such traffic complaint or citation deposited with or presented to such court. The municipal court shall make reports to the state department of revenue, driver’s license registration bureau, in accordance with state law.

Section 365.090: Disposition of Traffic Fines and Forfeitures

Sub Section A. All fines or forfeitures, collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this Title shall be deposited monthly by the Judge of the municipal court or his clerk with the Treasurer of the City of Pleasant Hope, to be credited to the General Fund of the City.

Sub Section B. Failure, refusal or neglect on the part of any judicial or other officer or employee receiving or having custody of any such fine or forfeiture to comply with the provisions of this section shall constitute misconduct in office and shall be grounds for removal there from.

Section 365.100: Authority of Police to Impound and Tow Away

Certain vehicles and disposal if not claimed
Sub Section A. The police department is hereby authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety under the circumstances hereinafter enumerated:

1. 
   When any article is left unattended on or under any bridge or overpass 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 for its custody of removal.
   
3. 
   When any vehicle is left unattended upon a street and is so parked illegally as to constitute a
   definite hazard or obstruction to the normal movement of traffic;
   
4. 
   When any vehicle is left continuously and unattended upon any street for a period of time of more than forty-eight hours; and
   
5. 
   Any time a vehicle is parked in a prohibited area that is so designated by signs or other official markings.
   
6. 
   Whenever an operator of a vehicle is arrested or detained by a law enforcement officer, and such arrest or detention would leave such vehicle unattended.
   

Sub Section B. Whenever this City police department removes a vehicle from a Street as authorized in this Section and the police department knows, or is able to ascertain from the registration records in the vehicle, the name and address of the owner thereof, such police department shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefore and of the place of which such vehicle has been removed.

Sub Section C. Whenever the police department 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 provided in this Chapter, and in the event the vehicle is not returned to the owner within a period of three days, then the police department shall immediately mail a written report of such removal to the state department whose duty is to register motor vehicles. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal, the name of the garage or place where the vehicle is stored. If information as to owner and/or holder of valid security interest is obtained, each is to be notified by registered mail to the last address of said persons.

Sub Section D. The owner of any vehicle, or the holder of a valid security interest thereon, which is in default, may reclaim it from the garage or repair shop, upon proof of ownership or valid security interest which is in default and payment of all reasonable charges for the towing and storage of the vehicle.

Sub Section E. The owner of the garage or repair shop may sell the vehicle at public auction if it is unclaimed for at least 20 days after coming into his possession, after posting public notices for at least ten days at his place of business, the City Hall of the City in which his place of business is located, and at one other public place in the City where the vehicle was found. The notices shall include the description of the vehicle, including any identifying marks or numbers, the date and place it was found, and the time and place of public auction.

Sub Section F. The proceeds of the sale shall be used first to pay the person who tows the vehicle from the City street or highway located in the City the sum of ten dollars, the person who stores such vehicle the sum of one dollar per day for each day the vehicle is stored; and the balance of the proceeds, if any, shall be paid into the General Fund of the City, to be paid to the owner or holder of liens against the same if claimed within ninety days of date of sale.

Section 365.110: Penalties

Sub Section A. The Judge of the Police Court who hears traffic cases shall designate the specified offense under this law or under the traffic ordinances of the City in respect to which payments of fines may be accepted by regular clerical personnel on duty at City Hall of said City in satisfaction thereof, and shall specify suitable schedules, the amount of such fines for first, second, and subsequent offenses, provided such fines are within the limits declared by law or ordinance, and shall further specify what number of such offenses shall require appearance before the court.
Sub Section B. Any person violating the provisions of Section 335.300 shall, upon conviction thereof be punished by a fine of not less than Five Dollars ($5.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for a term not exceeding one (1) year or by both such fine and imprisonment.
Sub Section C. Excluding Section 335.300 and 335.310 and 335.340 and Chapter 370, a person who violates any provision of this title shall be deemed guilty of a misdemeanor and shall be punished by imprisonment for a period of not less than one (1) day nor more than ninety (90) days, or by a fine of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), or by both fine and imprisonment together with costs of prosecution.
Sub Section D. The classification of the offense set forth in Section 335.340, or any other section of this Title stating that a violation is a Class A, Class B, or Class C misdemeanor shall be punishable under and the penalties therefore are the same as those established and imposed in Section 225.010.