BILL NO. 5230ORDINANCE NO. 5091

AN ORDINANCE AMENDING ORDINANCE NO. 4788, THE MUNICIPAL CODE OF THE CITY OF RICHMOND HEIGHTS, MISSOURI, SECTION 335.070DRIVING TO THE RIGHT, SUBSECTIONS (B),AND ADDING NEW SUBSECTION (E)RELATING TO PROHIBITING TRUCKS DRIVEN ON THE LEFT HAND LANE OF HIGHWAYS.

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WHEREAS, the Missouri General Assembly amended Sec. 304.0154, RSMo, regulating use of lanes on roadways in the state via the enactment of CCS,HCS, SCS, SB 930 & 947, effective August 28, 2008; and

WHEREAS, the City of Richmond Heights wishes to bring its parallel regulations into conformity with the relevant state law;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHMOND HEIGHTS, MISSOURI, AS FOLLOWS:

SECTION1. Section 335.070 of the Municipal Code of the City of Richmond Heights, Missouri, is hereby amended by adding the following language to the existing Subsection B to read as follows:

B. It is unlawful to drive any vehicle upon any highway or road which has been divided into two (2) or more roadways by means of a physical barrier or by means of a dividing section or delineated by curbs, lines or other markings on the roadway, except to the right of such barrier or dividing section, or to make any left turn or semicircular or U-turn on any such divided highway,except at an intersection or interchange or at any signed location designated by the state highways and transportation commission or the department of transportation. The provisions of this subsection shall not apply to emergency vehicles, law enforcement vehicles or to vehicles owned by the commission or the department.

SECTION 2. Section 335.070 of the Municipal Code of the City of Richmond Heights, Missouri, is hereby amended to add a new Subsection E to read as follows:

E.All trucks registered for a gross weight of more than forty- eight thousand pounds shall not be driven in the far left-hand lane upon all interstate highways, freeways, or expressways within the City having three or more lanes of traffic proceeding in the same direction. This restriction shall not apply when:

(1) It is necessary for the operator of the truck to follow traffic control devices that direct use of a lane other than the right lane; or

(2) The right half of a roadway is closed to traffic while under construction or repair.

All other subsections of Section 355.070 remain unchanged.

SECTION 3. The provisions of this ordinance shall be severable. In the event that any provision of this ordinance is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this ordinance are valid unless the court finds the valid provisions of this ordinance are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the City Council would have enacted the valid provisions without the void ones or unless the Court finds that the valid provisions, standing alone, are incomplete and incapable of being executed in accordance with the legislative intent.

SECTION 4. This Ordinance shall take effect and be in full force and effect on the 31st day after its passage by the City Council as provided by law.

PASSED and SIGNED this 3rdday of November, 2008.

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JAMES J. BECK

MAYOR

ATTEST:

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PATRICIA S. VILLMER

DEPUTY CITY CLERK

APPROVED AS TO FORM:

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KENNETH J. HEINZ

CITY ATTORNEY

First reading:October 20, 2008

Second reading:November 3, 2008