Mo. Code Regs. tit. 1 § 10-5.010
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 1 CSR 10-5.010 - Traffic Regulations for State PropertyPURPOSE: The purpose of amending this rule is to update and clarify the facilities and property that this regulation applies to, to clarify the authority of Missouri Capitol Police, the commissioner of administration, and the facility manager, and to improve the readability of the regulation. The amendment also removes the amounts of the fines for violation of this regulation, which are set by statute.
PURPOSE: This regulation promulgates rules for the regulation of traffic and parking upon the grounds of state buildings located at the seat of government.
(1) Definitions. For the purpose of this rule-(A) State property means all state-owned or leased real property, improved or unimproved, located within the City of Jefferson, Missouri;(B) Missouri Capitol Police officers means officers employed and commissioned by the Missouri Capitol Police pursuant to the provisions of section 8.177, RSMo;(C) Over-parking means- 1. Stopping, standing, or parking a motor vehicle on a sidewalk or pedestrian crosswalk; at any place where the curb is painted yellow; in any space if stopping, standing, or parking a vehicle in that space would create an especially hazardous condition or cause unusual delay to traffic; or at any other place where official signs prohibit stopping, standing, or parking;2. Stopping, standing, or parking a motor vehicle in any areas restricted to handicapped parking unless the vehicle involved is marked by distinctive plates, placards, or hangtags issued to handicapped persons;3. Stopping, standing, or parking a motor vehicle in any area designated by appropriate signs as a restricted parking area, in violation of any such sign;4. Stopping, standing, or parking a motor vehicle by a state employee who works in a facility subject to this rule in an area designated as visitor parking on a weekday between the hours of 7:00 a.m. and 5:00 p.m.; and5. Stopping, standing, or parking a motor vehicle in an area designated as visitor parking on a weekday between the hours of 7:00 a.m. and 5:00 p.m. for a time period exceeding three (3) hours;(D) Double-parking means stopping, standing, or parking on the roadside of any vehicle stopped or parked at the edge or curb of a street; and(E) Speeding means the operation of a motor vehicle at a speed exceeding twenty miles per hour (20 mph).(2) Traffic and Parking Restrictions. Except when necessary to avoid conflict with other traffic, or in compliance with law at the directions of a guard, police officer, or official traffic control device, no person operating a motor vehicle shall do any of the following on state property: (D) Fail to yield the right-of-way to a pedestrian in a crosswalk.(3) Fines. The fine for traffic violations shall not exceed the amounts set forth in section 8.178, RSMo. Any tickets issued by a Missouri Capitol Police officer for violations of over-parking, speeding, or double-parking shall be referred to the circuit court of Cole County, which has authority under section 8.178, RSMo to enforce this regulation. The ultimate goal of imposing fines for violations of this regulation is to achieve compliance with the regulation rather than the generation of parking revenue.(4) Towing of Over-Parked or Double-Parked Vehicles. Missouri Capitol Police officers section (1) are authorized to remove a vehicle that is over-parked or double-parked on any state property to the nearest garage or other place of safety or to a garage designated or maintained by the state. The owner or operator of the vehicle illegally over-parked or double-parked in violation of this regulation is responsible for all cost incurred in the towing and storage of the illegally parked vehicle. Whenever possible, the Missouri Capitol Police officer will notify the owner of the vehicle as to the action s/he has taken and the location of the vehicle.(5) The director of the Division of Facilities Management, Design and Construction, with guidance from the Commissioner of Administration, may select the garage to which vehicles are to be towed under the provisions of this regulation and may prescribe the form of the ticket to be issued to persons violating the provisions of this regulation.(6) Designation of No Parking and Restricted Parking Areas. The Commissioner of Administration determines those spaces where the parking, standing, or stopping of a motor vehicle is not permitted. Those spaces shall be identified with a suitable sign or by marking the curb adjacent to the spaces as follows: yellow curb markings designate no parking zones, diagonal stripes mark pedestrian crossings and restricted parking areas are designated by an appropriate symbol or legend.(7) In any prosecution for a violation of this regulation, proof that the vehicle described in the complaint was in violation of any provisions of this regulation, together with proof that the defendant named in the complaint was, at the time of the violation, the owner of the vehicle, shall constitute a prima facie presumption that the owner of the vehicle was the person who committed the violation. AUTHORITY: section 8.172, RSMo (Supp. 1995).* Emergency rule filed March 15, 1979, effective March 26, 1979, expired June 15, 1979. Original rule filed March 15, 1979, effective Aug. 11, 1979. Amended: Filed Oct. 27, 1980, effective Feb. 12, 1981. Emergency amendment filed Dec. 29, 1989, effective Jan. 8, 1990, expired April 27, 1990. Amended: Filed Dec. 29, 1989, effective April 27, 1990. Amended: Filed Feb. 2, 1995, effective July 30, 1996. Amended by Missouri Register April 15, 2019/Volume 44, Number 8, effective 5/31/2019*Original authority 1995, amended 1957, 1965, 1995.