St. Louis County v. Hanne

761 S.W.2d 697, 1988 Mo. App. LEXIS 1502, 1988 WL 115260
CourtMissouri Court of Appeals
DecidedNovember 1, 1988
DocketNo. 54288
StatusPublished
Cited by2 cases

This text of 761 S.W.2d 697 (St. Louis County v. Hanne) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Louis County v. Hanne, 761 S.W.2d 697, 1988 Mo. App. LEXIS 1502, 1988 WL 115260 (Mo. Ct. App. 1988).

Opinion

KAROHL, Judge.

The defendant, Mark Hanne, filed a Motion to Dismiss a traffic citation he received for violating a no right turn restriction in St. Louis County. Section 1205.030 SLCRO 1974, as amended 1986, [hereafter, County Ordinance 12,930] prohibits such turns during peak traffic hours unless a motorist resides in one of several area subdivisions or works at the local elementary school. Those eligible may purchase stickers for their cars identifying them as exempt from the turning restriction. In his Motion to Dismiss defendant claimed that: (1) the Ordinance permitting only certain persons to turn at the intersection violates the Equal Protection Clause of Article I, Section 2 of the Missouri Constitution; and (2) the authorization of payment for identification stickers without obtaining voter approval violates Article X, Sections 16 through 24 of the Missouri Constitution, the Hancock Amendment. The trial court granted the motion to dismiss. We reverse and remand.

This case was submitted to the trial court on stipulated facts. On March 27, 1987 at 6:59 a.m. defendant received a traffic citation for violating a no-turn restriction at the intersection of Old Baxter Road and Highcroft Drive. County Ordinance No. 12,930 prohibits turns from 6:30 a.m. to 9:00 a.m. and from 3:30 p.m. to 6:30 p.m. Monday through Friday for southbound traffic on Old Baxter Road, and prohibits right turns during the same time periods for eastbound traffic on Old Baxter Road “except for employees of Highcroft Ridge Elementary School and residents, employees of residents, and owners of carpool vehicles serving residents of the following subdivisions: [eleven subdivisions named], with vehicles properly identified pursuant to Section 1213.100 SLCRO.”

Local residents and school employees may purchase stickers for their cars which identify them as exempt from the turning restrictions. Section 1213.100 SLCRO authorized distribution of the identification stickers to eligible residents according to procedures established by the Department of Revenue.

The procedures for distribution of the stickers were as follows. The Department of Revenue designed the stickers, made arrangements for printing of the stickers and gave the Boards of Trustees of the eleven area subdivisions a list of qualified persons. The subdivision trustees arranged for the payment of printing and distribution of the stickers, and collected money from area residents for the cost of the stickers. The suggested cost for each sticker was between $1 and $3, but the exact cost of each sticker was determined by the quantity of stickers ordered. All proceeds from the distribution of stickers paid for the costs and distribution of the stickers. St. Louis County received no rev[700]*700enue from the sale or distribution of the stickers.

The defendant was not eligible to acquire a sticker. He was not exempt from the turn restrictions and was ticketed for making a right turn on Old Baxter Road at 6:59 a.m. on March 27, 1987. The defendant filed a Motion to Dismiss the charge, claiming the ordinance was not valid because its provisions violate the Equal Protection Clause of the Missouri Constitution, Article I, Section 2, and the Hancock Amendment of the Missouri Constitution, Article X, Sections 16 through 24. The trial court granted the Motion, finding that the County Ordinance violated both equal protection and the Hancock Amendment.

We find no violation of the Equal Protection Clause. The ordinance restricting turns at peak traffic times involves no fundamental right or suspect class. See, State v. Williams, 729 S.W.2d 197, 200 (Mo. banc 1987), cert. denied, — U.S. -, 108 S.Ct. 296, 98 L.Ed.2d 256. Therefore, the ordinance must be judged under the rational basis test. See, Stewart v. Director of Revenue, 702 S.W.2d 472, 474-75 (Mo. banc 1986). Under this test, there is no equal protection violation if a classification bears some rational relation to a legitimate government purpose. Belton v. Board of Police Comm’rs, 708 S.W.2d 131, 139 (Mo. banc 1986). A classification will be upheld if any facts can be reasonably conceived which would justify it. Id.

Here, the classification bears a rational relation to the purpose of the ordinance and survives an equal protection challenge. The interest of St. Louis County in enacting Ordinance No. 12,930 was to reduce traffic volume on designated streets during high traffic hours. The Ordinance permitted area residents, as eligible persons, to be exempted from the turn restrictions. Those persons not living in the designated area or employed as described were prohibited from turning into the subdivisions. The Ordinance had the effect of admitting local but prohibiting through traffic during high traffic hours. The ordinance creates two classes of motorists; those who live in specific neighboring subdivisions or work in the area who may obtain exemption from no-turn restrictions, and those who do not live or work in the specified area and cannot become exempt. This classification is rationally related to the governmental interest of reducing traffic volume and hazards. For that reason it does not violate defendant’s Equal Protection Rights.

A community has great latitude in imposing traffic regulations under its police power. It may restrict the flow of traffic in a residential area in order to reduce noise and traffic hazards. County Board of Arlington County, Va. v. Richards, 434 U.S. 5, 7, 98 S.Ct. 24, 26, 54 L.Ed.2d 4 (1977); Deutsch v. City of La-due, 728 S.W.2d 239, 241-42 (Mo.App.1987) (quoting Jones v. City of Jennings, 595 S.W.2d 1, 4 (Mo.App.1979)). An exercise of police power requires only that a classification bear a reasonable and rational relation to the ends of the enactment. Weber v. Missouri State Highway Com’n, 639 S.W. 2d 825, 829 (Mo.1982). Ordinance No. 12,-930 bears a rational relation to the governmental purpose of reducing traffic volume and was a valid execution of the police power of St. Louis County. It is not arbitrary.

A party making an equal protection claim bears the burden of showing there is no reasonable basis for the classification. State v. McManus, 718 S.W.2d 130, 131 (Mo. banc 1986). Even though a classification may be imperfect, if there is a reasonable basis for the classification, it does not violate equal protection. See, Collins v. Director of Revenue, 691 S.W.2d 246, 250 (Mo. banc 1985). Therefore, although the classification created by Ordinance No. 12,-930 may be under inclusive and exclude some persons living in the area, it is rationally related to the governmental purpose of reducing traffic flow during peak traffic hours, and survives the rational basis test of the equal protection claim.

We next consider whether the payment for identification stickers violates the Hancock Amendment. Defendant has standing to challenge the ordinance on this [701]*701ground in defense of the traffic citation.

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Bluebook (online)
761 S.W.2d 697, 1988 Mo. App. LEXIS 1502, 1988 WL 115260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-louis-county-v-hanne-moctapp-1988.