[Ord. No. 4802 §1, 10-1-2001; Ord. No. 5034 §1, 7-16-2007]
A.
CONSTRUCTION ZONE OR WORK ZONE
HIGHWAY
MOVING VIOLATION
Definitions. As used in this Section the following terms
shall mean:
Any area upon or around any highway which is visibly marked
as an area where construction, maintenance, or other work is occurring,
including the lanes of highway leading up to the area upon which an
activity described in this Subsection is being performed, beginning
at the point where appropriate signs directing motor vehicles to merge
from one (1) lane into another lane are posted.
Any public thoroughfare for vehicles, including State roads,
County roads and public streets, avenues, boulevards, parkways, or
alleys.
That character of traffic violation of traffic or motor vehicle
operation ordinance of the City where at the time of violation the
motor vehicle involved is in motion, except that the term does not
include the driving of a motor vehicle without a valid motor vehicle
registration license, or violations relating to sizes and weights
of vehicles.
B.
Upon
a first conviction or a plea of guilty by any person for a moving
violation the court shall assess a fine of thirty-five dollars ($35.00)
in addition to any other fine authorized to be imposed by law, if
the offense occurred within a construction zone or a work zone. Upon
the second or subsequent conviction or plea of guilty, the court shall
assess a fine of seventy-five dollars ($75.00) in addition to any
other fine authorized by law.
For purposes of this Section, it is not necessary that the offense
occur:
C.
Upon a conviction or plea of guilty by any person for a speeding violation, or a passing violation pursuant to Subsection (F) hereof, the court shall assess a fine of two hundred fifty dollars ($250.00), in addition to any other fine authorized by law, if the offense occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any person in such zone who was there to perform duties related to the reason for which the area was designated a construction zone or work zone. For a second or subsequent conviction or plea of guilty, the court shall assess a fine of three hundred dollars ($300.00) in addition to any other fine authorized by law. However, no person assessed an additional fine pursuant to this Subsection shall also be assessed an additional fine pursuant to Subsection (B) hereof, and no person shall be assessed an additional fine pursuant to this Subsection if no signs have been posted pursuant to Subsection (D) of this Section.
D.
The penalty authorized by Subsection (C) of this Section shall only be assessed by the court if signs have been erected upon or around a construction or work zone, are clearly visible from the highway and which state substantially the following message: "Warning: $250 fine for speeding or passing in this work zone".
E.
During any day in which no person is present in a construction zone or a work zone to perform duties related to the purpose of the zone, the sign required by Subsection (D) hereof shall not be visible to motorists. During any period of two (2) hours or more in which no person is present in such zone on a day in which persons have been or will be present to perform duties related to the reason for which the area was designated as a construction zone or work zone, the sign required by Subsection (D) hereof shall not be visible to motorists. The contractor performing the work shall be responsible for posting and removing or concealing the sign required by Subsection (D) in compliance with this Subsection. Nothing in this Subsection shall prohibit warning or traffic control signs necessary for public safety in the construction or work zone being visible to motorists at all times.
F.
The
driver of a motor vehicle may not overtake or pass another motor vehicle
within a work zone or construction zone. This Subsection applies to
a construction zone or work zone located upon a highway divided into
two (2) or more marked lanes for traffic moving in the same direction
and for which motor vehicles are instructed to merge from one lane
into another lane by appropriate signs or traffic control devices
lawfully erected by State, County or Local Government or any contractor
or subcontractor performing work for them. This Section also applies
to passing or attempting to pass in a work zone or construction zone
located upon a two-lane highway when highway workers or equipment
are working and appropriate signs or traffic control devices have
been erected.
[Ord. No. 5035 §1, 7-16-2007]
A.
A person
shall be deemed to commit the offense of "endangerment of a highway
worker" upon conviction for any of the following when the offense
occurs within a construction zone or work zone as defined in Section
304.580, RSMo.:
1.
Exceeding the posted speed limit by fifteen (15) miles per hour or
more;
2.
Passing in violation of Subsection (4) of Section 304.582, RSMo.;
3.
Failure to stop for a work zone flagman or failure to obey traffic
control devices erected in the construction zone or work zone for
purposes of controlling the flow of motor vehicles through the zone;
4.
Driving through or around a work zone by any lane not clearly designated
to motorists for the flow of traffic through or around the work zone;
5.
Physically assaulting or attempting to assault, or threatening to
assault a highway worker in a construction zone or work zone with
a motor vehicle or other instrument;
6.
Intentionally striking, moving or altering barrels, barriers, signs
or other devices erected to control the flow of traffic to protect
workers and motorists in the work zone for a reason other than avoidance
of an obstacle, an emergency or to protect the health and safety of
an occupant of the motor vehicle or of another person; or
7.
Committing any of the following offenses:
a.
Leaving the scene of an accident;
b.
Careless and imprudent driving;
c.
Operating without a valid license;
d.
Operating with a suspended or revoked license;
e.
Driving while in an intoxicated condition or under the influence
of controlled substances or drugs or driving with an excessive blood
alcohol content;
f.
Any felony involving the use of a motor vehicle.
B.
Upon conviction or a plea of guilty for committing the offense of endangerment of a highway worker under Subsection (A) of this Section, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than one thousand dollars ($1,000.00).
C.
Except for the offense established under Subdivision (6) of Subsection (A) of this Section, no person shall be deemed to commit the offense of endangerment of a highway worker except when the act or omission constituting the offense occurred when one (1) or more highway workers were in the construction zone or work zone.
D.
No person shall be cited or convicted for endangerment of a highway worker or aggravated endangerment of a highway worker for any act or omission otherwise constituting an offense under Subsection (A) of this Section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle or from the negligence of another person or a highway worker.
