Section 310.060 Emergency Vehicles — Use of Lights and Sirens — Right-Of-Way — Stationary Vehicles, Procedure — Penalty.
[R.O. 2007 §310.010]
It shall be the duty of the Officers of the Police Department or such Officers as are assigned by the Chief of Police to enforce all street traffic laws of the City and all of the State vehicle laws applicable to street traffic in the City.
Officers of the Police Department or such Officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws; provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, Officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.
Officers of the Fire Department, when at the scene of an incident, may direct or assist the Police in directing traffic thereat or in the immediate vicinity.
[R.O. 2007 §310.020]
No person shall knowingly fail or refuse to comply with any lawful order or direction of a Police or Fire Department Official.
[R.O. 2007 §310.030]
Every person propelling any push cart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this Title applicable to the driver of any vehicle, except those provisions of this Title which by their very nature can have no application.
[R.O. 2007 §310.040; Ord. No. 1509 §2, 9-3-1987; Ord. No. 4416 §2, 10-17-2002]
No person upon roller skates, or riding in or by means of any coaster, toy vehicle, skateboard, or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.
No person shall ride a bicycle, coaster, roller skates, skateboard, or similar device upon a sidewalk within a business district.
The Chief of Police or City Traffic Engineer is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles, coasters, roller skates, skateboards, and similar devices thereon by any person and when such signs are in place, no person shall disobey the same.
Whenever any person is riding a bicycle, coaster, roller skates, skateboard or similar device upon a sidewalk in other than a business district, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing any pedestrian.
No person shall ride or operate a motorized scooter on any street, highway, roadway, sidewalk or anywhere within the boundaries of a City park.
[R.O. 2007 §310.050]
The provisions of this Title shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this State, County, or City and it shall be unlawful for any said driver to violate any of the provisions of this Title, except as otherwise permitted in this Title.
Section 310.060 Emergency Vehicles — Use of Lights and Sirens — Right-Of-Way — Stationary Vehicles, Procedure — Penalty.
Upon the immediate approach of an emergency vehicle giving audible signal by siren or while having at least one (1) lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle or a flashing blue light authorized by Section 307.175, RSMo., the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as far as possible to the right of, the traveled portion of the highway and thereupon stop and remain in such position until such emergency vehicle has passed, except when otherwise directed by a police or traffic officer.
Upon approaching a stationary emergency vehicle displaying lighted red or red and blue lights, the driver of every motor vehicle shall:
Proceed with caution and yield the right-of-way, if possible with due regard to safety and traffic conditions, by making a lane change into a lane not adjacent to that of the stationary vehicle, if on a roadway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
Proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be unsafe or impossible.
Responsibilities Of Driver Of Emergency Vehicle.
The driver of any "emergency vehicle" defined in Section 300.010 of this Code shall not sound the siren thereon or have the front red lights or blue lights on except when such vehicle is responding to an emergency call or when in pursuit of an actual or suspected law violator, or when responding to, but not upon returning from, a fire.
The driver of an emergency vehicle may:
Park or stand irrespective of the provisions of Sections 304.014 to 304.025, RSMo., and the provisions of this Code;
Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
Exceed the prima facie speed limit so long as the driver does not endanger life or property;
Disregard regulations governing direction of movement or turning in specified directions.
The exemptions granted to an emergency vehicle pursuant to Subsection (C)(2) of this Section shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one (1) lighted lamp displaying a red light or blue light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle.
No person shall purchase an emergency light as described in this Section without furnishing the seller of such light an affidavit stating that the light will be used exclusively for emergency vehicle purposes.
Violation of this Section shall be deemed an ordinance violation.
The driver of a vehicle involved in an accident within the City resulting in injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500.00) or more to one (1) person shall give or cause to be given notice of such accident to the Police Department as soon as reasonably possible.
[R.O. 2007 §310.090]
The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500.00) or more to one (1) person shall, within five (5) days after such accident, forward a written report of such accident to the Police Department. The provisions of this Section shall not be applicable when the accident has been investigated at the scene by a Police Officer while such driver was present thereat.
[R.O. 2007 §310.100]
Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in Section 310.070 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give, or cause to be given, the notice not given by the driver.
Whenever the driver is physically incapable of making a written report of an accident as required in Section 310.080 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five (5) days after the accident make such report not made by the driver.
A person commits the offense of leaving the scene of a motor vehicle accident when, being the operator or driver of a vehicle on the highways, streets or roads of the City or on any publicly or privately owned parking lot or parking facility within the City generally open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property due to his/her culpability or to accident, he/she leaves the place of the injury, damage or accident without stopping and giving his/her name, residence, including City and street number, motor vehicle number and driver's license number, if any, to the injured party or to a Police Officer, or if no Police Officer is in the vicinity, then to the nearest Police station or judicial officer.
For the purposes of this Section, all Peace Officers shall have jurisdiction, when invited by an injured person, to enter the premises of any such privately owned parking lot or parking facility for the purpose of investigating an accident and performing all necessary duties regarding such accident.
[R.O. 2007 §310.120; Ord. No. 4654 §§1—6, 5-14-2004]
As used in this Section, the term "construction zone" or "work zone" means any area upon or around any highway as defined in Section 302.010, RSMo., which is visibly marked by the Missouri Department of Transportation, a contractor performing work for the Missouri Department of Transportation, the City of O'Fallon, Missouri, or a contractor performing work for the City of O'Fallon, Missouri, as an area where construction, maintenance or other work is temporarily occurring. The term "work zone" or "construction zone" also includes the lanes of highway leading up to the area upon which an activity described in this Section is being performed, beginning at the point where appropriate signs directing motor vehicles to merge from one lane into another lane are posted.
Upon a conviction or a plea of guilty by any person for a moving violation as defined in Section 302.010, RSMo., or any offense listed in Section 302.302, RSMo., 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 a conviction or plea of guilty by any person for a speeding violation or a passing violation pursuant to Subsection (F), 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. However, no person shall be assessed an additional fine pursuant to this Section if no signs have been posted pursuant to Subsection (D).
The penalty authorized by Subsection (C) shall only be assessed by the court if the Missouri Department of Transportation, a contractor performing work for the Missouri Department of Transportation, the City of O'Fallon, Missouri, or a contractor performing work for the City of O'Fallon, Missouri, has erected signs upon or around a construction or work zone which are clearly visible from the highway and which state substantially the following message: "Warning: $250 fine for speeding or passing in this work zone".
During any day in which no person is present in a construction zone or work zone established pursuant to Subsection (A) to perform duties related to the purpose of the zone, the sign warning of additional penalties 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 warning of additional penalties shall not be visible to motorists. The Missouri Department of Transportation, any contractor performing work for the Missouri Department of Transportation, the City of O'Fallon, Missouri, or any contractor performing work for the City of O'Fallon, Missouri, shall be responsible for compliance with provisions of this Section. Nothing in this Section shall prohibit warning or traffic control signs necessary for public safety in the construction or work zone being visible to motorists at all times.
The driver of a motor vehicle may not overtake or pass another motor vehicle within a work zone or construction zone. This Section 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 an appropriate sign erected by the any contractor performing work for the Missouri Department of Transportation, the City of O'Fallon, Missouri or any contractor performing work for the City of O'Fallon, Missouri.