IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE enacting sections 5290. and 5291., Jackson County Code, 1984, relating to limited access roads, with a penalty provision.
Intro
ORDINANCE #2690, June 16, 1997
INTRODUCED BY Dixie M. Flynn, County Legislator
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WHEREAS, there exist in Jackson County certain dead end roads which are difficult for the Sheriff's Department to properly patrol and which provide opportunities for illegal dumping and vandalism; and,
WHEREAS, abutting property owners along several of these roads have requested that they be gated so as to restrict access by those who have no need to be in the area; and,
WHEREAS, it is in the best interest of the health, safety, and welfare of the citizens of Jackson County that a mechanism be established to limit access to such roads; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri as follows:
Section A. Enacting Clause.
Sections 5290. and 5291., Jackson County Code, 1984, are hereby enacted, to read as follows:
5290. Limited Access Roads.
The roads specified in Schedule XII to this chapter are hereby declared "Limited Access Roads."
5290.1 Criteria for Limited Access Classification.
A road, or portion thereof, may be declared by the legislature to be a limited access road upon application by the county traffic engineer or upon the filing of petitions with the traffic engineer signed by all abutting property owners on the road, or portion thereof, if the road meets the following criteria:
a. Dead End.
The road must have a dead end.
b. Gated.
The road must be gated and locked. The gate may be installed either by the traffic engineer or by the abutting property owners pursuant to a permit issued by the traffic engineer.
c. No Occupied Dwellings.
No occupied dwellings may be located on the road.
d. Maintenance by Abutting Property Owners.
Unless the traffic engineer determines that the declaration of a road as a limited access road is in the best interests of the health and safety of the general public, the abutting property owners must agree to be responsible for the installation of the gate and the maintenance of the gate, roadway, and right- of-way.
e. Access.
The traffic engineer shall ensure that access to a limited access road is granted to abutting property owners and to any agency responsible for operating authorized emergency vehicles, which demonstrates a need for such access.
5290.2 Termination of Limited Access Classification.
If the traffic engineer determines that the occupant of any dwelling constructed on property abutting a limited access road, requires access to the road, the traffic engineer shall remove the gate and the road shall be deleted from Schedule XII.
5291. Violation.
No person, other than an abutting property owner or operator of an authorized emergency vehicle, shall operate a vehicle on any limited access road, except that it shall be an affirmative defense to any charge filed under this section that such person was the guest or otherwise had the permission of an abutting property owner to so operate a vehicle.
JACKSON COUNTY TRAFFIC CODE
SCHEDULE XII
LIMITED ACCESS ROADS
In accordance with Section 5290. of this Code, the following are limited access roads:
Eaton Road, north from its intersection with Courtney-Atherton Road,
then west to the dead end.
Galvin Road, north from a point approximately one-half mile north of its intersection with
Atherton-Sibley Road, to the dead end.
Patton Road, north from its intersection with Atherton-Sibley Road, to the dead end.
Perry Road, south from its intersection with Truman Road, to the dead end. Attorney
Effective Date: This ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
County Counselor
I hereby certify that the attached Ordinance, Ordinance #2690 introduced on June 16, 1997 was duly passed on _________June 23_____________, 1997 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______7________ Nays ________0_____
Abstaining _____0______ Absent _____2_______
This Ordinance is hereby transmitted to the County Executive for her signature.
____________________ ________________________________
Date Mary Jo Brogoto, Clerk of Legislature
I hereby approve the attached Ordinance #2690.
_________________ ________________________________
Date Katheryn J. Shields, County Executive