[R.O. 1992 § 203.010; Ord. No. 13-11192 § 1, 9-23-2013]
As used in this Chapter, the following
terms shall mean:
Any incident occurring on a highway, as the term "highway"
is defined in Section 302.010, RSMo., that requires emergency services
from any emergency responder.
Any area upon or around any highway, which is visibly marked
by emergency responders performing work for the purpose of emergency
response, and where an active emergency, or incident removal, is temporarily
occurring. This area includes the lanes of highway leading up to an
active emergency or incident removal, beginning within three hundred
(300) feet of visual sighting of:
Any law enforcement officer, paid or volunteer firefighter,
first responder, emergency medical worker, tow truck operator, or
other emergency personnel responding to an emergency on a highway.
[R.O. 1992 § 203.020; Ord. No. 13-11192 § 2, 9-23-2013]
Upon a first conviction, finding of guilt, or plea of guilty by any person for a moving violation, as the term "moving violation" is defined in Section 302.010, RSMo., or any offense listed in Section 302.302, RSMo., other than a violation described in Section 203.030 of this Chapter when the violation or offense occurs within an active emergency zone, the Court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt, 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.
[R.O. 1992 § 203.030; Ord. No. 13-11192 § 3, 9-23-2013]
Upon the first conviction, finding of guilt, or plea of guilty by any person for a speeding violation or a passing violation under Section 203.040 of this Chapter, when the violation or offense occurs within an active emergency zone and emergency responders were present in such zone at the time of the offense or violation, the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt, 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 under this Section shall also be assessed an additional fine under Section 203.020 of this Chapter.
[R.O. 1992 § 203.040; Ord. No. 13-11192 § 4, 9-23-2013]
The driver of a motor vehicle shall
not overtake or pass another motor vehicle within an active emergency
zone.
[R.O. 1992 § 203.050; Ord. No. 13-11192 § 5, 9-23-2013]
A.
A person commits the offense of endangerment
of an emergency responder for any of the following offenses when the
offense occurs within an active emergency zone:
1.
Exceeding the posted speed limit
by fifteen (15) miles per hour or more;
3.
Failure to stop for an active emergency
zone flagman or emergency responder, or failure to obey traffic control
devices erected, or personnel posted, in the active emergency zone
for purposes of controlling the flow of motor vehicles through the
zone;
4.
Driving through or around an active
emergency zone via any lane not clearly designated for motorists to
control the flow of traffic through or around the active emergency
zone;
5.
Physically assaulting, attempting
to assault, or threatening to assault an emergency responder with
a motor vehicle or other instrument; or
6.
Intentionally striking, moving, or
altering barrels, barriers, signs, or other devices erected to control
the flow of traffic to protect emergency responders and motorists
unless the action was necessary to avoid an obstacle, an emergency,
or to protect the health and safety of an occupant of the motor vehicle
or of another person.
[R.O. 1992 § 203.060; Ord. No. 13-11192 §§ 6—8, 9-23-2013]
A.
Upon a finding of guilt or a plea of guilty for committing the offense of endangerment of an emergency responder under Section 203.050 of this Chapter the court shall assess a fine of not more than five hundred dollars ($500.00).
B.
Except for the offense established under Section 203.050(A)(6) of this Chapter, no person shall be deemed to have committed the offense of endangerment of an emergency responder except when the act or omission constituting the offense occurred when one (1) or more emergency responders were responding to an active emergency.
C.
No person shall be cited for, or found guilty of, endangerment of an emergency responder, for any act or omission otherwise constituting an offense under Section 203.050 of this Chapter, 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 emergency responder.
