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HomeMy WebLinkAbout2002-034 - Amendments to Sections 335.090 and 380.100 of the Municipal CodeBILL NO. 2002- ORllIN.aNCI; NO. 2002- ~~ ~N ORDIN.aNCE .a~IEND[NG TITLI: [ll OF THE ~IIINIC[P:~L CODE OF TILE CITY' OF R[~~GRSIDF., ~IISSOC`RI, BY .abIENDING SECTION 335A90 .GNU SECTION 380.100 RGL_aTING TO TK.1FF[C REGUL_~TIONS WHERE.aS. the Missouri Legislature has adopted a bill and signed such into la« ~~hich amends the statutor~~ pro~~isiuns addressing railroad crossings and the conditions undrr ~~hic11 dri~~ing through the same shall be prohibited. WHERE.IS, the Cite Code pro~~isions addressing railroad crossin~~s closel~~ track, and are intended to compl~~ ~~ ith and enforce. dlosc currclati~~c requirements imposed b}~ State statute. WHERE.~S_ the \lissouri Legislature has adopted a bill and signed such into la~~ ~~hich amends the stanitor~~ provisions addressing the types of ~~ehicles upon ~~hich certain earning signals ma~~ be altised. WHEKEAS, the Cite Code provisions addressing, the types of ~ehiclcs upon ~~hich certain ~warnin~~ signals may b~ allised closel~~ Hach. ~u1d are intended to a~mpl~~ ~~ith and enforce. those correlati~~e requirements imposed h~ Stag statute. WHEREAS, die Board of ~~Idermen and the Cite ~~ishes to protect the public health. safetc and «~clfare of its citizcus. NO~~', THEREFORE, BE IT ORD.aINF.D. B~~ the Board of :aldermen of die City of Ri~~erside. Missouri, as follo~~~s: Section 1. ~Che Municipal Code of the Cite of Riverside. Chapter 33~. Section ~ ~~.U9U is herch~ amended and shall read as h~llo~~~s: SECTION 335.090: OBEllIENCE TO S[GN:~L INDIC.~TING ~PPRO.aCH OF TR.UN A. ~h~hen an~,~ person dri~~ing a ~~chiclc approaches a raih~oad ~~rade crussin~a. the drier of the ~~ehicle shall operate the cc hick in a manner so he!she ~~ill be able to stop. and he!she shall stop the cchiclc not less tha^ fifteen (l~l feet and not nnn~e than tilts (~O) feet from the nearest rail ul the railroad a~ack and shall not proceed until heshe can safel~~ do so if: clearl~~ ~,~isible electric or mechanical signal de~~ice earns of the approach of a railroad main: ur ~. A crossing ~~ate is lo~~~red ur «h~n a human tla~sman gimmes or ci~ntinu~s to ~~i~r a si~~nal or ~~arnin~~ uf~th~ ~~ppr~,ach ur passa~_c ~~f a raih~~,a~i wain: ~,r ~. An approaching railroad train is ~i>ihle ~uul is in hazardous pro~imit~ to such crossin~_: or -~. env other nalfic si<_rn. device or am other act. rule. re~aulation or statute requires a vehicle to stop at a railroad parade crossing. B. ~,`o person shall dri~~e anv vehicle throu~~h. arowld or under anv crossima ~zate or barrier at a raih~oad crossing when a train is approaching while such ~aate or barrier is closed or is being opened ur closed. C. vo person shall drive a vehicle through a raih~oad crossin~~ «~hen there is not suFhcient space to drive completer through the crossing. D. No person shall drive a vehicle throu~~h a railroad crossin~~ unless such ~~ehiclc has sufficient undercarria~,e clearance necessar~~ to pra~~ent the undercarriage of the ~~hicle ti-om contacting the railroad crossima. Section ~. ~I he Municipal Code of the Cite of Riverside. Chapter 380. Section 380.100 is hereh~ amended and shall read as follows: SUCTION 380.100: L[~1IT:~TIONS ON LA1[PS OTHER THAN HEADLA~IPS- FLASHING SIGN.-BLS PROHIBITED EXCEPT ON SPECIFIED VEHICLES Inv lighted lamp or illuminating device upon a motor vehicle other than headlamp;. spotlamps, front direction signals or ausiliarv lamps which projects a beam of li~,h[ of an intensity greater than three hundred candlepower shall be so directed that no part of the beam ~yill su~ike the level of the roadvyay on which the vehicle stands at a distance of more than seyenty~-tire feet from the vehicle. :Uternately dashing ~~~arnin~~ signals mad be used on school buses when used for school purposes and on motor vehicles ~yhen used to transport L`nited States mail from post i~l~fices to hoses of addressees thereoCand on emergency vehicles as defined in section 30-L0~?. RS~[o. and on buses o~yned or operated b~~ churches, mosques, s~ nagogues. temples or other houses of worship. but arc prohibited on other motor vehicles, nu~torcycles and motor-drawn vehicles except as a means for indicating a ri~~ht or left turn. Section 3. The sections. paragraphs. clauses, and phrases of [his chapter arc severable and if and phrase, clause, sentence. paragraph, or section of this Chapter shall be declared unlawful h~ the valid judgement. decree, or injunction order of a court of competent jurisdiction. such rulin~~ shall not affect anv of die remainin~~ phra,es_ clauses. sentences_ para~araphs. and section, of thi, Chapter. [n the ~~ ent that. contrar}~ to the policies. interests. and values of the City_ a court ~~~ competent jurisuliction issues a judgement. decree, or injunction order that this Chapter i; unlawful because of an_v omission ur prohihition in this Chapter. than all provisions of this Chapter not specitlcally declared to he unlawliii shall remain in full Force and effect. In the event that a judgement, decree or injunction order declaring all or a portion of this Chapter to h~ unlawful is re~ened ur vacated by a court of competent jurisdiction. the provisions cuntaine~l in this Chapter :hall remain in Full ford and eC~cct. ~eCUOn -1. phis Ordinance shall he in Cull ~(~I'Ce. and eflcc[ from and after its passa~~e and approval. ;f~ adopted and passed thiZ~ c a~ oC _~~~00?. ~1a~~or Bette Burch ~CTES i Cite Clerk i~in~i~„i; .i._.,, nix