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signage defectUnited States · Missouri (Statewide)Difficulty: Easy

Official Traffic-Control Device Required — RSMo §300.150

RSMo §300.150 (Model Traffic Ordinance, adopted by virtually every Missouri municipality) provides that 'whenever a particular section of this ordinance designates and describes official traffic control devices to be erected and the same have not been erected, then no provision of this ordinance which requires that such device be in place shall be effective until such device has been officially placed.' This is a statewide affirmative defense for any sign-based parking restriction (no-parking zone, time-limit zone, snow route, street-cleaning) where the sign was missing, illegible, knocked down, faded, or obscured. Combined with §300.140 (obedience to traffic-control devices), it requires the city to prove the sign existed and was conforming.

Legal basis

RSMo §300.140; RSMo §300.145; RSMo §300.150; Missouri MUTCD

Sample appeal wording

TO: [City] Parking Violations Bureau / Municipal Court RE: Citation [TICKET_NUMBER] I request dismissal under RSMo §300.150, which provides that no provision of the traffic ordinance requiring an official device 'shall be effective until such device has been officially placed.' RSMo §300.145 requires the device to be in proper position and sufficiently legible. On [DATE] at [TIME], at [LOCATION], the relevant sign was [missing / faded / obscured by foliage / knocked down / blocked by truck]. A reasonable driver could not have notice of any restriction. Evidence: (1) date-stamped photographs; (2) Street View screenshot; (3) sworn statement. Signed, [FULL_NAME] Date: [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • RSMo §300.140
  • RSMo §300.145
  • RSMo §300.150
  • Missouri MUTCD

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