Chamois aldermen adopt two new ordinances, including traffic code

By Theresa Brandt, Staff Writer
Posted 3/20/24

CHAMOIS — At their March 12 meeting, Chamois aldermen adopted two new ordinances outlining a traffic code and regulations for all vehicles, including All-Terrain Vehicles (ATVs), Utility …

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Chamois aldermen adopt two new ordinances, including traffic code

Posted

CHAMOIS — At their March 12 meeting, Chamois aldermen adopted two new ordinances outlining a traffic code and regulations for all vehicles, including All-Terrain Vehicles (ATVs), Utility Vehicles (UTVs), and golf carts in the city limits. The board abandoned the initial traffic code, a 77-page document written by City Attorney David Bandre presented at the last meeting in favor of a more streamlined code that City Marshal Riley Lewis had provided that is partially copied from the traffic code for the city of Gasconade.

“This ordinance basically mimics the traffic code in Gasconade,” Mayor Marie Slusser said.

Alderman Cole Schaben attended the meeting by phone but did not have access to a copy of the traffic code or ordinances. Slusser agreed to get him copies of all the ordinances and traffic codes later. Schaben did participate in the vote to pass the ordinances.

Slusser seemed surprised by some of the things listed in the traffic code.

“It says it’s illegal to drive on the wrong side of the road; do we have to have that in there?” Slusser asked as she continued reading.

UD Reporter Theresa Brandt questioned why the codes started with Sections 23-29 and was told they took the copies directly from what Lewis had handed them and would be renumbered.

Brandt also questioned why the penalty was $2 for a regular parking violation and $5 for parking in front of a fire hydrant.

“That’s not a very big fine,” Brandt said. “That’s also the only thing in the whole code that has any type of fine listed.”

City Clerk Megan Birmingham explained that Lewis directed aldermen to let the court set fines and not list an amount in the traffic code or ordinance.

Aldermen agreed to remove the entire section that listed parking penalties.

The new traffic code outlines regulations for bicycles, including that they must obey the same traffic rules as vehicles, that a bike is only allowed to carry one person at a time, that bikes operated on city streets yield the right-of-way to pedestrians, that bikes should be operated at a reasonable speed, that bicycles must yield the right-of-way when they emerge from an alley or driveway, and that individuals riding bikes are prohibited from carrying any items that prevent them from keeping at least one hand on the handlebars. Bikes are also not allowed to park in such a way as to impede pedestrian traffic.

Riding bikes on the sidewalk is prohibited for anyone over 15. Bikes must have a headlight if used at night, equipped with a “device capable of giving an audible signal or sound for a distance of 100 feet,” and brakes.

The code also established similar rules to be applied to motorcycles.

The new traffic code states, “the driver of a vehicle shall not back up unless such movement can be made with reasonable safety and without interfering with other traffic.”

Drive signals are required, and if not available, hand signals can be substituted. Vehicles must stop before leaving a driveway or alley. Drivers should drive on the right side of the street unless the right side of the street is closed. Drivers may not operate a vehicle on a sidewalk. Drivers are not allowed to drive while under the influence of drugs or alcohol. Drivers must also stop for school buses. The traffic code outlines the proper way to make turns.

The new traffic code lists places where parking is not legal, including in front of private driveways, on a crosswalk, within 15 feet of a fire hydrant, within 50 feet of a railroad crossing, on a bridge, or wherever signs prohibit stopping or parking. Drivers are not allowed to park in any way that would obstruct traffic.

Drivers may not park in an alley that does not leave at least 10 feet of clearance on one side so that other vehicles can move around the parked vehicle in the alleyway. All-night truck parking is also prohibited. No one is allowed to park a car along the street to offer it for sale, wash, or do repairs.

Drivers are to obey posted speed limits and stop at stop signs. Aldermen are given authority by the traffic code to erect stop signs and to make alleys and streets one way if deemed applicable. Drivers are prohibited from driving through railroad crossings when an approaching train is visible, and the barriers are down. Drivers must have headlights on 30 minutes after sunset and 30 minutes before sunrise, and at any other time visibility may be difficult without lights. Vehicles are required to have two working headlights. All vehicles operating within city limits should have a working horn for warnings.

The traffic code states that “muffler cutouts shall not be used, and no vehicles shall be driven in a manner or condition that excessive and unnecessary noise is made.” All motor vehicles should have working brakes and mirrors. The traffic code stipulates specific rules for transporting objects that may project from their cars and how tow lines can be used.

Ordinance #661, which adopts the new traffic code, will be in effect immediately.

Aldermen also adopted Ordinance #662, which regulates ATVs, UTVs, and golf carts in the city limits. The ordinance is based on Gasconade’s traffic code and ordinance, as Lewis suggested.

City Treasurer Theresa Walter did not like the section of the ordinance that stipulated the size and weight of ATVs, UTVs, and golf carts.

“Most UTVs are larger than 50,” Walter said. “If you look at the ones with two rows of seats, they are big.”

Aldermen agreed and eliminated the line stipulating that ATVs, UTVs, and golf carts must weigh under 1,400 pounds and be 50 inches long.

The board also eliminated the clause that required ATVs and UTVs to operate only during daylight hours, with Slusser noting that several area charity runs went well into the evening. Since ATVs and UTVs are required to have headlights and taillights, aldermen did not see any reason they couldn’t operate in the evening.

All ATVs and UTVs operating in the city limits are required to have safety equipment, including head lights, taillights, brake lights, and blinkers, if they were originally equipped with blinkers. They are also required to display a bicycle safety flag that extends no less than seven feet above the ground and is attached to the rear of the vehicle. The bicycle flag must be triangular and day-glow in color.

Vehicles are not allowed to carry more riders than what the ATV or UTV is equipped for, and everyone must wear seatbelts if equipped. ATV and UTV drivers are restricted from driving recklessly, causing a nuisance, or disturbing the peace.

Aldermen plan to set up a Saturday with Lewis in the upcoming month so residents can apply for a city license for their ATV, UTV, or golf cart. Lewis will issue the $15 permits and receipts.

UTV and ATV drivers must have a valid license and insurance.

Ordinance #662 will go into effect on May 1, 2024.

Slusser next presented Ordinance #2015-2 which affects utility bills and wanted to revise the ordinance along with the agreement for payment plans.

Walter noted that the due dates and shutoff dates on the payment plan form do not match those in Ordinance #2015-2.

“We either need to revise this ordinance or change the dates we send out bills,” Walter said.

“I would say we revise the ordinance,” Slusser said.

Walter reiterated that the dates on Ordinance #2015-2 were different from the dates listed in the utility payment plan.

“I think that an ordinance has been passed since this one,” Brandt said.

At the same time, Schaben noted he would need to leave the meeting, which left the board without a quorum.

Slusser said the issue would have to be tabled until the regular monthly meeting, but discussion continued.

“I’m positive that this was changed,” Brandt said.

Birmingham explained that Ordinance #2015-2 had been referenced in other ordinances, leading her to believe that it was current.

Brandt insisted that a new water ordinance had been passed that changed Ordinance #2015-2.

Birmingham said she was not aware of any newer ordinances.

“I have no idea,” Slusser said.

Birmingham looked through the ordinance book and quickly found Ordinance #2020-02, which had the correct dates aligned with the payment plan document. The newer ordinance also listed a $1,000 fine if the water was turned on by someone other than a city employee.

Brandt cautioned aldermen to do their due diligence in researching ordinances and ensuring they were amending the latest ones.

Walter noted that after a meeting she and Birmingham had with the Missouri Rural Water Association (MRWA), it was recommended that the city change its approach to payment plans by ensuring that the past-due amount was divided over 12 months and that the current charges were paid in full every month instead of being added to the past-due amount.

The current payment plan allows customers to pay a minimum amount until the total amount is paid.

“Whoever did this before, they were allowing people to pay what they could afford, which isn’t covering the current bills,” Walter said.

“It is just setting people up for failure,” Slusser said.

Currently, the city has 240 customers, and about 75% of the 17 payment plans are current.

Walter would also like to change who is allowed to authorize a payment plan by making anyone who can’t pay their bills come before aldermen instead of making arrangements with the city clerk.

“The more we can do to make the board responsible, the more the board is responsible, the better,” Walter said. “The more the board is involved and aware of things, the less opportunity we have for things to fall through the cracks.”

Birmingham also favored having aldermen decide who was eligible for payment plans.

The issue will be on the agenda at the next meeting on March 20 at 7 p.m.