[R.O. 2009 § 310.020; R.O. 2007
§ 310.020; Ord. No. 486 § 3(p-2), 11-16-1973; Ord. No. 2887 § III, 9-28-2009]
No person shall knowingly fail or
refuse to comply with any lawful order or direction of a Police Office,
Fire Department official, School District Traffic Control Agent or
University Traffic Control Agent. An order shall be lawful if the
order is intended to expedite or control traffic flow or to protect
pedestrians, whether or not the order or direction is otherwise consistent
with the traffic ordinances of the City. Failure to comply with a
lawful order of any person empowered in this Chapter to direct or
control vehicular or pedestrian traffic shall be deemed guilty of
an ordinance violation.
Every person propelling any pushcart 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.
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. This Section
shall not apply upon any street while set aside as a play street as
authorized by ordinance of the City.
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.
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.
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. 2009 § 315.050; R.O. 2007
§ 315.060; Ord. No. 2753, 10-11-2007]
A. It is unlawful for the operator of a tow
truck, for purposes of providing towing or other motor vehicle-related
services for the profit of themselves or an employer, to proceed to
and stop at the scene of a motor vehicle accident within the City,
unless either:
1.
The tow truck operator or their employer
has been requested to proceed to and stop at the scene of the motor
vehicle accident by a party involved in such accident; or
2.
The tow truck operator or their employer
has been requested to proceed to and stop at the scene of the motor
vehicle accident by a Police Officer, Sheriff or Sheriff's Deputy,
any other law enforcement agency, any Fire Department or emergency
service provider or by an officer of any other public safety agency.
B. For purposes of this Section, in the event
that a tow truck operator or their employer has a valid contract with
any public entity, agency, law enforcement agency or Fire Department
to provide towing or other motor vehicle-related services for profit
and such contract is applicable to the circumstances of any particular
motor vehicle accident, then such services will be presumed to have
been requested by such public entity or agency.
C. Nothing in this Section will be applied
to prohibit any operator of a tow truck from stopping at the scene
of a motor vehicle accident for the purpose of providing gratuitous
or not-for-profit services, so long as such stops are not in violation
of any other Federal, State or local law or regulation.
D. Violation of this Section shall be deemed to be an ordinance violation punishable as provided in Section
100.220 of the Code of the City of Bolivar and upon conviction a violation of this Section will be reportable to the Missouri Department of Revenue as an "unlawful tow truck stop" for purposes of Section 302.302.1(16), RSMo.
[R.O. 2009 § 310.080; Ord. No. 2819 § I, 9-11-2008]
A. As used in this Section, the term "highway"
will mean any public thoroughfare for vehicles, including State roads,
County roads, and all public streets, avenues, boulevards, parkways,
or alleys within the City of Bolivar.
B. As used in this Section the term "construction
zone" or "work zone" means any area upon or around any highway as
defined in this Section, which is visibly marked by the Missouri Department
of Transportation, or by the City of Bolivar at the direction of the
City Administrator or Director of Public Works, or by a contractor
or subcontractor performing work for the Missouri Department of Transportation
or for the City of Bolivar, as an area where construction, maintenance,
incident removal, 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 Subsection
is being performed, beginning at the point where appropriate signs
or traffic control devices are posted or placed.
C. As used in this Section, the terms "worker"
or "highway worker" will mean any person that is working in a construction
zone or work zone, and will include emergency responders working in
a construction zone or work zone.
D. As used in this Section, the term "emergency
responders" will mean firefighters, police officers, licensed medical
personnel, and others authorized by State law, rule or regulation,
or by City ordinance, to respond to the scene of an emergency.
E. 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:
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
for which points may be assessed under Section 302.302, RSMo., or
the Code of the City of Bolivar:
a.
Leaving the scene of an accident in violation of Section 577.060, RSMo., or Section
310.110 of the Code of the City of Bolivar;
b.
Careless and imprudent driving in violation of Subsection (4) of Section 304.016, RSMo., or Section
340.160 of the Code of the City of Bolivar;
c.
Operating without a valid license in violation of Subdivision (1) or (2) of Subsection (1) of Section 302.020, RSMo., or Section
380.020 of the Code of the City of Bolivar;
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 offense that would otherwise
be classified as a felony involving the use of a motor vehicle pursuant
to the Revised Statutes of Missouri.
F. The offense of endangerment of a highway worker under Subsection
(E) of this Section if no injury or death to a highway worker resulted from the offense is an ordinance violation. Upon conviction or a plea of guilty for committing the offense of endangerment of a highway worker under Subsection
(D) of this Section if no injury or death to a highway worker resulted from the offense, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than three hundred dollars ($300.00) and shall have four (4) points assessed to his or her driver's license under Section 302.302, RSMo.
[Ord. No. 3383, 9-26-2017]
G. A person shall be deemed to commit the offense of "aggravated endangerment of a highway worker" upon conviction or a plea of guilty for any offense under Subsection
(E) of this Section when such offense occurs in a construction zone or work zone and results in the injury or death of a highway worker. The offense of "aggravated endangerment of a highway worker" is an ordinance violation. Upon conviction or a plea of guilty for committing the offense of aggravated endangerment of a highway worker, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than five hundred dollars ($500.00). In addition, such person shall have twelve (12) points assessed to their driver's license under Section 302.302, RSMo.
[Ord. No. 3383, 9-26-2017]
H. Except for the offense established under Subsection
(E)(6) 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.
I. 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
(E) 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.