The driver of any vehicle other than one on official business
shall not follow any emergency vehicle traveling in response to an
emergency call closer than five hundred (500) feet or drive into or
park such vehicle within the block where fire apparatus has stopped
in answer to a fire alarm.
No vehicle shall be driven over any unprotected hose of a Fire
Department when laid down on any street or private driveway to be
used at any fire or alarm of fire without the consent of the Fire
Department official in command.
A. Definitions. As used in this Section, the following terms
shall mean:
FUNERAL DIRECTOR
A person licensed as a funeral director pursuant to the provisions
of Chapter 333, RSMo.
FUNERAL LEAD VEHICLE OR LEAD VEHICLE
Any motor vehicle equipped with at least one (1) lighted
circulating lamp exhibiting an amber or purple light or lens or alternating
flashing headlamps visible under normal atmospheric conditions for
a distance of five hundred (500) feet from the front of the vehicle.
A hearse or coach properly equipped may be a lead vehicle.
ORGANIZED FUNERAL PROCESSION
Two (2) or more vehicles accompanying the remains of a deceased
person from a funeral establishment, church, synagogue or other place
where a funeral service has taken place to a cemetery, crematory or
other place of final disposition or a funeral establishment, church,
synagogue or other place where additional funeral services will be
performed if directed by a licensed funeral director from a licensed
establishment.
B. Driving Rules.
1. Except as otherwise provided for in this Section, pedestrians and
operators of all other vehicles shall yield the right-of-way to any
vehicle which is a part of an organized funeral procession.
2. Notwithstanding any traffic control device or right-of-way provision
prescribed by State or local law, when the funeral lead vehicle in
an organized funeral procession lawfully enters an intersection, all
vehicles in the procession shall follow the lead vehicle through the
intersection. The operator of each vehicle in the procession shall
exercise the highest degree of care toward any other vehicle or pedestrian
on the roadway.
3. An organized funeral procession shall have the right-of-way at all
intersections regardless of any traffic control device at such intersections,
except that operators of vehicles in an organized funeral procession
shall yield the right-of-way to any approaching emergency vehicle
pursuant to the provisions of law or when directed to do so by a Law
Enforcement Officer.
4. All vehicles in an organized funeral procession shall follow the
preceding vehicle in the procession as closely as is practical and
safe under the conditions.
5. No person shall operate any vehicle as part of an organized funeral
procession without the flashing emergency lights of such vehicle being
lighted.
6. Any person who is not an operator of a vehicle in an organized funeral
procession shall not:
a. Drive between the vehicles comprising an organized funeral procession while such vehicles are in motion and have the flashing emergency lights lighted pursuant to Subsection
(B)(5) above, except when required to do so by a Law Enforcement Officer or when such person is operating an emergency vehicle giving an audible or visual signal;
b. Join a funeral procession for the purpose of securing the right-of-way;
or
c. Attempt to pass any vehicle in an organized funeral procession, except
where a passing lane has been specifically provided.
7. When an organized funeral procession is proceeding through a red
signal light as permitted herein, a vehicle not in the organized funeral
procession shall not enter the intersection unless such vehicle may
do so without crossing the path of the funeral procession.
8. No ordinance, regulation or any other provision of law shall prohibit
the use of a motorcycle utilizing flashing amber lights to escort
an organized funeral procession on the highway.
C. Any
person convicted of violating any provision of this Section shall
be punished by a fine not to exceed one hundred dollars ($100.00).
Each driver in a funeral or other procession shall drive as
near to the right-hand edge of the roadway as practicable and shall
follow the vehicle ahead as close as is practicable and safe.
No funeral, procession or parade containing two hundred (200)
or more persons or fifty (50) or more vehicles except the forces of
the United States Army or Navy, the military forces of this State,
and the forces of the Police and Fire Departments shall occupy, march
or proceed along any street except in accordance with a permit issued
by the Chief of Police and such other regulations as are set forth
herein which may apply.
The driver of a motor vehicle shall not drive within any sidewalk
area except on a permanent or temporary driveway. A designated bicycle
lane shall not be obstructed by a parked or standing motor vehicle
or other stationary object. A motor vehicle may be driven in a designated
bicycle lane only for the purpose of a lawful maneuver to cross the
lane or to provide for safe travel. In making an otherwise lawful
maneuver that requires traveling in or crossing a designated bicycle
lane, the driver of a motor vehicle shall yield to any bicycle in
the lane. As used in this Section, the term "designated bicycle
lane" shall mean a portion of the roadway or highway that
has been designated by the Governing Body having jurisdiction over
such roadway or highway by striping with signing or striping with
pavement markings for the preferential or exclusive use of bicycles.
The driver of a vehicle shall not back the same unless such
movement can be made with reasonable safety and without interfering
with other traffic.
No person shall open the door of a motor vehicle on the side
available to moving traffic unless and until it is reasonably safe
to do so, nor shall any person leave a door open on the side of a
motor vehicle available to moving traffic for a period of time longer
than necessary to load or unload passengers.
A. A person
operating a motorcycle shall ride only upon the permanent and regular
seat attached thereto, and such operator shall not carry any other
person nor shall any other person ride on a motorcycle unless such
motorcycle is designed to carry more than one (1) person, in which
event a passenger may ride upon the permanent and regular seat if
designed for two (2) persons or upon another seat firmly attached
to the rear or side of the operator.
B. The
operator of a motorized bicycle shall ride only astride the permanent
and regular seat attached thereto and shall not permit more than one
(1) person to ride thereon at the same time, unless the motorized
bicycle is designed to carry more than one (1) person. Any motorized
bicycle designed to carry more than one (1) person must be equipped
with a passenger seat and footrests for the use of a passenger.
A. No
person shall ride a bicycle upon a sidewalk within a business district.
B. Whenever
any person is riding a bicycle upon a sidewalk, such person shall
yield the right-of-way to any pedestrian and shall give audible signal
before overtaking and passing such pedestrian.
C. No
person shall ride a motorized bicycle upon a sidewalk.
[Ord. No. 1348, 9-18-2023]
The following words and phrases, when used in this Title, mean:
ALL-TERRAIN VEHICLE
Any motorized vehicle manufactured and used exclusively for
off-highway use according to Section 301.010, RSMo., traveling on
three (3), four (4) or more low pressure tires, with a seat designed
to be straddled by the operator and handlebars for steering control.
Below is an example image of a vehicle qualifying under this definition.
GOLF CART
A motor vehicle that is designed and manufactured for operation
on a golf course for sporting or recreational purposes and that is
not capable of exceeding speeds of twenty (20) miles an hour.
LOW SPEED VEHICLE
A low speed vehicle shall include any vehicle as defined
by Section 304.029, RSMo., and 49 CFR, § 571.3, as amended, which
are incorporated herein by this reference.
RECREATIONAL OFF-HIGHWAY VEHICLE
Any motorized vehicle manufactured and used exclusively for
off-highway use according to Section 301.010, RSMo., traveling on
four (4) or more non-highway tires and which may have access to ATV
trails. Below are example images of a vehicle qualifying under this
definition.
UTILITY VEHICLE
Any motorized vehicle manufactured and used exclusively for
off-highway use according to Section 301.010, RSMo., traveling on
four (4) or six (6) wheels, to be used primarily for landscaping,
lawn care or maintenance purposes. Below is an example image of a
vehicle qualifying under this definition.
[R.O. 2006 §340.120(A)(3); Ord. No. 968, 9-20-2004; Ord. No. 1348, 9-18-2023]
No person shall operate an All-Terrain Vehicle upon the streets
or highways of the City, except vehicles owned and operated by a governmental
entity for official use.
[Ord. No. 1348, 9-18-2023]
A. No
person shall operate a Low Speed Vehicle ("LSV") upon the streets
and highways of this City, except as follows:
1. LSVs owned and operated by a governmental entity for official use.
2. LSVs whose licensed operators carry a special permit issued by the
City.
3. For the purposes of a properly permitted parade.
4. A person operating a LSV on a City street or highway pursuant to
an exception covered in this Section shall have a valid operator's
or chauffeur's license, but shall not be required to have passed an
examination for the operation of a motorcycle.
5. The LSV shall be properly insured and such proof of insurance shall
specifically list the vehicle as referenced by the serial number and
year of model.
6. The vehicle shall be operated at speeds of less than twenty (20)
miles per hour.
7. A LSV without a roof shall have a bicycle flag, which extends not
less than seven (7) feet above the ground, attached to the rear of
the vehicle. The flag shall be dayglow in color and triangular in
shape, with an area not less than thirty (30) square inches. If the
LSV has a roof, a reflective device shall be attached to the rear
of the roof.
8. No person shall operate a LSV within any stream in this City, except
that LSVs may be operated within waterways which flow within the boundaries
of land which a LSV operator owns, or for agricultural purposes within
the boundaries of land which a LSV operator owns or has permission
to be upon, or for the purpose of fording such stream of this City
at such road crossings as are customary or part of the street and
City highway system.
B. Any
person operating a LSV on a public street or highway shall be subject
to all traffic ordinances of the City, except those Chapters pertaining
to licensing and registration.
C. No
person operating a LSV on City streets, roads or alleyways shall:
1. Operate the LSV in any careless or imprudent manner so as to endanger
any person, or property of any person.
2. Operate the LSV while under the influence of alcohol or any controlled
substance.
3. Operate a Low Speed Vehicle between the hours of official sunset
and sunrise.
4. Operate a LSV on any park lands in the City of Troy, Missouri, except
those operated by a governmental unit for official use.
5. Carry passengers in excess of the maximum number of designed seating
for the LSV: no more than two (2) passengers per bench seat shall
be allowed; or, those younger than sixteen (16) years in age unless
the operator is the legal guardian of the passenger(s). Age/size appropriate
child restraints are required.
6. Operate a LSV on any State or Federal highway, except any State highway
with a posted speed limit of thirty-five (35) miles per hour or less,
and then only to directly cross a portion of a State highway system
which intersects a municipal street and has an all-way stop sign or
light (i.e., the intersections of Highway 47 and Lincoln Drive, Highway
47 and Front Street, Highway 47 and Villa Drive, Highway 47 and Main
Street, Highway 47 and Ellis Avenue, Highway 47 and Highway J and
Boone Street).
7. Operate a LSV in a manner which disturbs the public peace as detailed in Section
210.210 of the City Code.
D. Inspection,
Permits And Registration.
1. Any LSV operating on a public street or highways under the jurisdiction
of the City shall be registered with the City. The application for
registration of a LSV with the City shall include the following information:
a. Identifying information for the Low Speed Vehicle, as determined
by the Chief of Police.
b. The name and address of the owner of the Low Speed Vehicle.
c. A copy of proof of financial responsibility covering the LSV to be
registered, for operation on public roads with no less than the minimal
insurance limits as set forth by the State of Missouri for the operation
of a vehicle on the highways of the State of Missouri, as they may
be amended from time to time.
d. A notarized certification by the owner that the LSV meets all requirements
of this Section.
e. A certificate indicating that the LSV has passed the inspection requirements as described in Subsection
(D)(5) below.
2. Proof of registration issued by the City of Troy in the form of a
receipt for registration and an approved vehicle sticker shall constitute
all permits required from the City. The proof of registration shall
be kept in the vehicle at all times of operation on a public street
or highway, and the current registration sticker shall be conspicuously
displayed on the exterior of the vehicle. Registrations must be renewed
every one (1) year, and will be deemed revoked and invalid if modifications
have been made to such vehicle which would make the owner's certification
of the class of vehicle untrue.
3. Registration fees shall be fifteen dollars ($15.00) for each one-year
LSV registration and/or renewal. The issuance of a permit based upon
the payment of registration fees shall not guaranty continued allowance
to operate such LSV in the City, as the City reserves the right to
terminate or modify this Chapter at any time, and no refund shall
be provided.
4. Applicants for a LSV permit shall bring the vehicle to City Hall
to the City of Troy Police Department for verification of vehicle
type and VIN.
5. In order to apply for new or renewal registration under this Section,
LSVs shall pass an inspection conducted by a licensed Missouri vehicle
inspection station or a person or entity in the regular business of
repairing, servicing and/or maintaining vehicles (each a "qualified
inspector") and shall obtain from such qualified inspector a signed
certificate of satisfactory inspection. The City of Troy Police Department
shall maintain a form of "certificate of satisfactory inspection"
which will list the inspection requirements as provided below. The
City of Troy Police Department may provide blank forms of certificate
of satisfactory inspection to known qualified inspectors, and otherwise
will provide such forms to owners of LSVs upon request. A LSV inspection
will confirm that the following are present and operational:
b. Front and rear turn signal lamps.
e. Reflex reflectors, one (1) on each side as far to rear as practicable
and one (1) red on the rear.
f. Exterior mounted mirror on drivers side of the vehicle and either
an exterior mirror mounted on passenger side or an interior mirror.
h. Windshield that conforms to the Federal motor vehicle safety standard
on glazing materials as set forth in 49 CFR § 571.202, as amended,
which is incorporated herein by this reference.
i. A vehicle identification number that conforms to the Federal requirements
of part 565 Vehicle Identification Number as set forth in 49 CFR §
565, as amended, which is incorporated herein by this reference.
j. Type 1 or Type 2 seat belt assembly conforming to Federal Motor Vehicle
Safety Standard #209, as amended.
k. A flag [not less than thirty (30) square inches] extending not less
than seven (7) feet above the ground if the neighborhood vehicle is
not equipped with a roof.
l. That the LSV operates on at least four (4) wheels.
m. Not less than two (2) thirty-seconds inch of tread depth remaining
on each tire, there are no visible tire threads or cords showing and
there is no visible rubber separation.
Upon satisfactory confirmation of the requirements listed above,
a qualified inspector, as defined above, may issue a signed certificate
of satisfactory inspection.
|
[R.O. 2006 §340.200; CC 1980 §320.270; Ord. No. 494, 6-14-1965; Ord. No. 467, 9-20-2004; Ord. No. 1176 § 1, 4-15-2013; Ord. No. 1348, 9-18-2023]
A. No
person shall ride or operate a go-cart, golf cart, or any other unlicensed
or unpermitted vehicle on any street, highway, roadway, sidewalk or
any other City property, including City parks. Anyone operating such
a vehicle in or on any street, highway, roadway, sidewalk or any other
City property or permitting it to be done shall be guilty of a misdemeanor.
B. A person
may operate a motorized bicycle, motorized scooter, and motorized
skateboard on the streets and highways and on City of Troy property.
For purposes of this Section, the term "motorized scooter" shall be defined as "any two-, three- or four-wheeled device having
handlebars that are attached to a footboard, is designed to be stood
upon by the operator and is powered by a motor that is capable of
propelling the device with or without human propulsion." For purposes
of this Section, the term "motorized skateboard" shall
be defined as "any two-, three- or four-wheeled device having a footboard
which is designed to be stood upon by the operator, without handlebars,
and is powered by a motor that is capable of propelling the device
with or without human propulsion."
C. A person
may not operate a go-cart, golf cart, motorized bicycle, motorized
scooter, motorized skateboard, or any other unlicensed vehicle on
any City park or City green space. For purposes of this Section, the
term "City green space" shall be defined as "any
grass-covered surface which is located in any City park."
D. A person may not operate a motorized bicycle, motorized scooter or motorized skateboard in contravention of any other provision of Chapter
340 or Chapter
385 of the City of Troy Ordinances.
E. No
go-cart, golf cart, motorized bicycle, motorized scooter, motorized
skateboard, or any other unlicensed vehicle may be operated upon any
private property without permission of the owner, the person entitled
to immediate possession of the property, or their authorized agent.
F. Any
motorized bicycle, motorized scooter, or motorized skateboard which
is operated on the streets, highways and on City of Troy property
shall be equipped with:
1. A brake or brakes which will enable its driver to stop the bicycle
or motorized bicycle within twenty-five (25) feet from a speed of
ten (10) miles per hour on dry, level, clean pavement;
2. A front-facing lamp on the front or carried by the rider which shall
emit a white light visible at night under normal atmospheric conditions
on a straight, level, unlighted roadway at five hundred (500) feet;
3. A rear-facing red reflector, at least two (2) square inches in reflective
surface area, or a rear-facing red lamp on the rear which shall be
visible at night under normal atmospheric conditions on a straight,
level, unlighted roadway when viewed by a vehicle driver under the
lower beams of vehicle headlights at six hundred (600) feet;
4. Reflective material and/or lights on any part of the bicyclist's
pedals, crank arms, shoes or lower leg visible from the front and
the rear at night under normal atmospheric conditions on a straight,
level, unlighted roadway when viewed by a vehicle driver under the
lawful lower beams of vehicle headlights at two hundred (200) feet;
and
5. Reflective material and/or lights visible on each side of the bicycle,
bicyclist, motorized scooter or motorized skateboard and visible at
night under normal atmospheric conditions on a straight, level, unlighted
roadway when viewed by a vehicle driver under the lawful lower beams
of vehicle headlights at three hundred (300) feet. The provisions
of this Subsection shall not apply to motorized bicycles which comply
with National Highway Traffic and Safety Administration regulations
relating to reflectors on motorized bicycles.
G. Any
person who operates a motorized bicycle, motorized scooter, or motorized
skateboard which is operated on the streets and highways and on City
of Troy property shall be granted all of the rights and shall be subject
to all of the duties applicable to the driver of a vehicle as provided
by Chapter 304, RSMo., and this Title, except as to special regulations
in this Chapter, and except as to those provisions of Chapter 304,
RSMo., and this Title which by their nature can have no application.
H. Every
person operating a motorized bicycle, motorized scooter, or motorized
skateboard at less than the posted speed or slower than the flow of
traffic upon a street or highway shall ride as near to the right side
of the roadway as safe, exercising due care when passing a standing
vehicle or one proceeding in the same direction, except when making
a left turn, when avoiding hazardous conditions, when the lane is
too narrow to share with another vehicle, or when on a one-way street.
I. A person
operating a motorized bicycle, motorized scooter, or motorized skateboard
at less than the posted speed or slower than the flow of traffic upon
a street or highway may operate as described in this Section, or may
operate on the shoulder adjacent to the roadway. A motorized bicycle,
motorized scooter, or motorized skateboard operated on a roadway,
or the shoulder adjacent to a roadway, shall be operated in the same
direction as vehicles are required to be driven upon the roadway.
For purposes of this Section, the term "roadway" shall
be defined as "that portion of a street or highway ordinarily used
for vehicular travel, exclusive of the berm or shoulder."
J. The operator of a motorized bicycle, motorized scooter, or motorized skateboard shall signal as required in Section
340.190 of this Title, except that a signal by the hand and arm need not be given continuously if the hand is needed to control or operate the motorized bicycle, motorized scooter, or motorized skateboard. An operator of a motorized bicycle, motorized scooter, or motorized skateboard intending to turn the bicycle, scooter or skateboard to the right shall signal as indicated in Section
340.190 of this Title, or by extending such operator's right arm in a horizontal position so that the same may be seen in front and in rear of the vehicle.
K. No
person shall operate a motorized bicycle, motorized scooter, or motorized
skateboard on any highways, streets or roads in this City unless the
person has a valid license to operate a motor vehicle .
L. No
person shall operate a motorized bicycle, motorized scooter, or motorized
skateboard on any highways, streets or roads in this City unless the
person and any passenger is wearing protective headgear which properly
fits and is fastened securely upon the head of the operator or passenger.
The headgear shall meet or exceed the impact standard for protective
bicycle helmets set by the United States Consumer Products Safety
Commission, the American National Standards Institute (ANSI), the
Snell Memorial Foundation or the American Society of Testing and Materials
(ASTM).
M. No
motorized bicycle, motorized scooter, or motorized skateboard may
be operated on any public thoroughfare located within this City which
has been designated as part of the Federal Interstate Highway System.
Violation of this Section shall be deemed an ordinance violation.
N. No
person shall operate a motorized bicycle, motorized scooter, or motorized
skateboard on any highways, streets or roads in this City unless it
is equipped in accordance with the minimum requirements for construction
and equipment of MOPEDS, Regulation VESC-17, approved July, 1977,
as promulgated by the Vehicle Equipment Safety Commission.
O. Any person seventeen (17) years of age or older who violates any provision of this Chapter, except Section
340.115(A) is guilty of an ordinance violation, and, upon conviction thereof, shall be punished by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). If any person under seventeen (17) years of age violates any provision of this Chapter in the presence of a Police Officer, said officer may impound the go-cart, golf cart, motorized bicycle, motorized scooter, motorized skateboard, or any other unlicensed vehicle involved for a period not to exceed five (5) days upon issuance of a receipt to the child riding it or to its owner.
[Ord. No. 1348, 9-18-2023]
A. No
person shall operate a Utility Vehicle ("UTV") or Recreational Off-Highway
Vehicle ("ROV") upon the streets and highways of this City, except
as follows:
1. UTVs or ROVs owned and operated by a governmental entity for official
use.
2. UTVs or ROVs whose licensed operators carry a special permit issued
by the City.
3. For the purposes of a properly permitted parade.
4. A person operating a UTV or ROV on a City street or highway pursuant
to an exception covered in this Section shall have a valid operator's
or chauffeur's license, but shall not be required to have passed an
examination for the operation of a motorcycle.
5. The UTV or ROV shall be properly insured and such proof of insurance
shall specifically list the vehicle as referenced by the serial number
and year of model and shall be available upon request of law enforcement
at all times while being operated on a City street or highway.
6. A UTV or ROV without a roof shall have a bicycle flag, which extends
not less than seven (7) feet above the ground, attached to the rear
of the vehicle. The flag shall be dayglow in color and triangular
in shape, with an area not less than thirty (30) square inches. If
the UTV or ROV does not have a roof, a reflective device shall be
attached to the rear of the roof.
7. No person shall operate a UTV or ROV within any stream in this City,
except that UTVs or ROVs may be operated within waterways which flow
within the boundaries of land which a UTV or ROV operator owns, or
for agricultural purposes within the boundaries of land which a UTV
or ROV operator owns or has permission to be upon, or for the purpose
of fording such stream of this City at such road crossings as are
customary or part of the street and City highway system.
B. Any
person operating a UTV or ROV on a public street or highway shall
be subject to all traffic ordinances of the City, except those Chapters
pertaining to licensing and registration.
C. No
person operating a UTV or ROV on City streets, roads or alleyways
shall:
1. Operate the UTV or ROV in any careless or imprudent manner so as
to endanger any person, or property of any person.
2. Operate the UTV or ROV while under the influence of alcohol or any
controlled substance.
3. Operate a UTV or ROV on any park lands in the City of Troy, Missouri,
except those operated by a governmental unit for official use.
4. Carry passengers in excess of the maximum number of designed seating
for the UTV or ROV: no more than two (2) passengers per bench seat
shall be allowed; or, those younger than sixteen (16) years in age
unless the operator is the legal guardian of the passenger(s). Age/size
appropriate child restraints are required.
5. Operate a UTV or ROV in a manner which disturbs the public peace as detailed in Section
210.210 of the City Code.
6. Unless otherwise compliant with State or Federal law, operate a UTV
or ROV on any State or Federal highway, except any State highway with
a posted speed limit of thirty-five (35) miles per hour or less, and
then only to directly cross a portion of a State highway system which
intersects a municipal street and has an all-way stop sign or light
(i.e., the intersections of Highway 47 and Lincoln Drive, Highway
47 and Front Street, Highway 47 and Villa Drive, Highway 47 and Main
Street, Highway 47 and Ellis Avenue, Highway 47 and Highway J and
Boone Street).
D. Inspection,
Permits And Registration.
1. Any UTV or ROV operating on a public street or highways under the
jurisdiction of the City shall be registered with the City of Troy
Police Department. The application or registration of a UTV or ROV
with the City shall include the following information:
a. Identifying information for the UTV or ROV, as determined by the
Chief of Police.
b. The name and address of the owner of the UTV or ROV.
c. A copy of proof of financial responsibility covering the UTV or ROV
to be registered, for operation on public roads with no less than
the minimal insurance limits as set forth by the State of Missouri
for the operation of a vehicle on the highways of the State of Missouri,
as they may be amended from time to time.
d. A notarized certification by the owner that the UTV or ROV meets
all requirements of this Section.
e. A certificate indicating that the UTV or ROV has passed the inspection requirements as described in Subsection
(D)(5) below.
2. Proof of registration issued by the City of Troy Police Department
in the form of a receipt for registration and an approved vehicle
sticker shall constitute all permits required from the City of Troy
Police Department. The proof of registration shall be kept in the
vehicle at all times of operation on a public street or highway, and
the current approved vehicle sticker shall be conspicuously displayed
on the rear of the vehicle. Registrations must be renewed every one
(1) year, and will be deemed revoked and invalid if modifications
have been made to such vehicle which would make the owner's certification
of the class of vehicle untrue.
3. Registration fees shall be fifteen dollars ($15.00) for each one-year
UTV or ROV registration and/or renewal. The issuance of a permit based
upon the payment of registration fees shall not guaranty continued
allowance to operate such UTV or ROV in the City, as the City reserves
the right to terminate or modify this Chapter at any time, and no
refund shall be provided.
4. Applicants for a UTV or ROV permit shall bring the vehicle to City
Hall Police Department for verification of vehicle type and VIN.
5. In order to apply for new or renewal registration under this Section,
UTVs or ROVs shall pass an inspection conducted by a licensed Missouri
vehicle inspection station or a person or entity in the regular business
of repairing, servicing and/or maintaining vehicles (each a "qualified
inspector") and shall obtain from such qualified inspector a signed
certificate of satisfactory inspection. The City of Troy Police Department
shall maintain a form of "certificate of satisfactory inspection"
which will list the inspection requirements as provided below.
6. The City may provide blank forms of certificate of satisfactory inspection
to known qualified inspectors, and otherwise will provide such forms
to owners of UTVs or ROVs upon request. A UTV or ROV inspection will
confirm that the following are present and operational:
d. Reflex reflectors, one (1) on each side as far to rear as practicable
and one (1) red on the rear.
f. A vehicle identification number that conforms to the Federal requirements
of Part 565, Vehicle Identification Number, as set forth in 49 CFR §
565, as amended, which is incorporated herein by this reference.
g. Type 1 or Type 2 seat belt assembly conforming to Federal Motor Vehicle
Safety Standard #209, as amended.
h. A flag as described in Section
340.116(A)(6) if the vehicle is not equipped with a roof.
i. That the UTV or ROV operates on at least four (4) wheels.
j. Not less than two (2) thirty-seconds inch of tread depth remaining
on each tire, there are no visible tire threads or cords showing and
there is no visible rubber separation.
Upon satisfactory confirmation of the requirements listed above,
a qualified inspector, as defined above, may issue a signed certificate
of satisfactory inspection.
|
No person riding upon any bicycle, motorized bicycle, coaster,
roller skates, sled or toy vehicle shall attach the same or himself/herself
to any vehicle upon a roadway. Neither shall the driver of a vehicle
knowingly pull a rider behind a vehicle.
No person shall drive a vehicle onto or from any controlled
access roadway except at such entrances and exits as are established
by public authority.
It shall be unlawful for the directing officer or the operator
of any railroad train to direct the operation of or to operate the
same in such a manner as to prevent the use of any street for purposes
of travel for a period of time longer than five (5) minutes; provided
that this Section shall not apply to a moving train or to one stopped
because of an emergency or for repairs necessary before it can proceed
safely.
No vehicle shall at any time be driven through or within a safety
zone.
Every person operating a motor vehicle on the highways of this
City shall drive the vehicle in a careful and prudent manner and at
a rate of speed so as not to endanger the property of another or the
life or limb of any person and shall exercise the highest degree of
care.
A. Upon
all public roads or highways of sufficient width, a vehicle shall
be driven upon the right-half of the roadway, except as follows:
1. When overtaking and passing another vehicle proceeding in the same
direction pursuant to the rules governing such movement;
2. When placing a vehicle in position for and when such vehicle is lawfully
making a left turn in compliance with the provisions of this Title;
3. When the right-half of a roadway is closed to traffic while under
construction or repair; or
4. Upon a roadway designated by local ordinance as a one-way street
and marked or signed for one-way traffic.
B. It
is unlawful to drive any vehicle upon any highway or road which has
been divided into two (2) or more roadways by means of a physical
barrier or by means of a dividing section or delineated by curbs,
lines or other markings on the roadway except to the right of such
barrier or dividing section or to make any left turn or semi-circular
or U-turn on any such divided highway, except at an intersection or
interchange or at any signed location designated by the State Highways
and Transportation Commission or the Department of Transportation.
The provisions of this Subsection shall not apply to emergency vehicles,
law enforcement vehicles or to vehicles owned by the Commission or
the Department.
C. Whenever
any roadway has been divided into three (3) or more clearly marked
lanes for traffic, the following rules in addition to all other consistent
herewith shall apply:
1. A vehicle shall be driven as nearly as practicable entirely within
a single lane and shall not be moved from such lane until the driver
has first ascertained that such movement can be made with safety.
2. Upon a roadway which is divided into three (3) lanes, a vehicle shall
not be driven in the center lane except when overtaking and passing
another vehicle where the roadway ahead is clearly visible and such
center lane is clear of traffic within a safe distance, or in preparation
for a left turn, or where such center lane is at the time allocated
exclusively to traffic moving in the direction the vehicle is proceeding
and is signposted to give notice of such allocation.
3. Upon all highways any vehicle proceeding at less than the normal
speed of traffic thereon shall be driven in the right-hand lane for
traffic or as close as practicable to the right-hand edge or curb,
except as otherwise provided in Sections 304.014 to 304.026, RSMo.
4. Official signs may be erected by the State Highways and Transportation
Commission or the Highway Patrol may place temporary signs directing
slow-moving traffic to use a designated lane or allocating specified
lanes to traffic moving in the same direction and drivers of vehicles
shall obey the directions of every such sign.
5. Drivers of vehicles proceeding in opposite directions shall pass
each other to the right and, except when a roadway has been divided
into traffic lanes, each driver shall give to the other at least one-half
(½) of the main traveled portion of the roadway whenever possible.
D. All
vehicles in motion upon a highway having two (2) or more lanes of
traffic proceeding in the same direction shall be driven in the right-hand
lane except when overtaking and passing another vehicle or when preparing
to make a proper left turn or when otherwise directed by traffic markings,
signs or signals.
E. All
trucks registered for a gross weight of more than forty-eight thousand
(48,000) pounds shall not be driven in the far left-hand lane upon
all interstate highways, freeways, or expressways within urbanized
areas of the State having three (3) or more lanes of traffic proceeding
in the same direction. This restriction shall not apply when:
1. It is necessary for the operator of the truck to follow traffic control
devices that direct use of a lane other than the right lane; or
2. The right half of a roadway is closed to traffic while under construction
or repair.
F. As used in Subsection
(E) of this Section,
"truck" means
any vehicle, machine, tractor, trailer, or semitrailer, or any combination
thereof, propelled or drawn by mechanical power and designed for or
used in the transportation of property upon the highways. The term
"truck" also includes a commercial motor vehicle as defined in Section
300.010 of this Title.
A. The
following rules shall govern the overtaking and passing of vehicles
proceeding in the same direction, subject to the limitations and exceptions
hereinafter stated:
1. The driver of a vehicle overtaking another vehicle proceeding in
the same direction shall pass to the left thereof at a safe distance
and shall not again drive to the right side of the roadway until safely
clear of the overtaken vehicle; and
2. Except when overtaking and passing on the right is permitted, the
driver of an overtaken vehicle shall give way to the right in favor
of the overtaking vehicle and shall not increase the speed of such
driver's vehicle until completely passed by the overtaking vehicle.
B. The
driver of a motor vehicle may overtake and pass to the right of another
vehicle only under the following conditions:
1. When the vehicle overtaken is making or about to make a left turn;
2. Upon a City street with unobstructed pavement of sufficient width
for two (2) or more lanes of vehicles in each direction; or
3. Upon a one-way street.
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The driver of a motor vehicle may overtake and pass another
vehicle upon the right only under the foregoing conditions when such
movement may be made in safety. In no event shall such movement be
made by driving off the paved or main traveled portion of the roadway.
The provisions of this Subsection shall not relieve the driver of
a slow-moving vehicle from the duty to drive as closely as practicable
to the right-hand edge of the roadway.
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C. Except
when a roadway has been divided into three (3) traffic lanes, no vehicle
shall be driven to the left side of the centerline of a highway or
public road in overtaking and passing another vehicle proceeding in
the same direction unless such left side is clearly visible and is
free of oncoming traffic for a sufficient distance ahead to permit
such overtaking and passing to be completely made without interfering
with the safe operation of any vehicle approaching from the opposite
direction or any vehicle overtaken.
D. No
vehicle shall at any time be driven to the left side of the roadway
under the following conditions:
1. When approaching the crest of a grade or upon a curve of the highway
where the driver's view is obstructed within such distance as to create
a hazard in the event another vehicle might approach from the opposite
direction.
2. When the view is obstructed upon approaching within one hundred (100)
feet of any bridge, viaduct, tunnel or when approaching within one
hundred (100) feet of or at any intersection or railroad grade crossing.
A. No
person shall stop or suddenly decrease the speed of or turn a vehicle
from a direct course or move right or left upon a roadway unless and
until such movement can be made with reasonable safety and then only
after the giving of an appropriate signal in the manner provided herein.
1. An operator or driver when stopping, or when checking the speed of
the operator's vehicle if the movement of other vehicles may reasonably
be affected by such checking of speed, shall extend such operator's
arm at an angle below horizontal so that the same may be seen in the
rear of the vehicle.
2. An operator or driver intending to turn the vehicle to the right
shall extend such operator's arm at an angle above horizontal so that
the same may be seen in front of and in the rear of the vehicle and
shall slow down and approach the intersecting highway as near as practicable
to the right side of the highway along which such operator is proceeding
before turning.
3. An operator or driver intending to turn the vehicle to the left shall
extend such operator's arm in a horizontal position so that the same
may be seen in the rear of the vehicle and shall slow down and approach
the intersecting highway so that the left side of the vehicle shall
be as near as practicable to the centerline of the highway along which
the operator is proceeding before turning.
4. The signals herein required shall be given either by means of the
hand and arm or by a signal light or signal device in good mechanical
condition of a type approved by the State Highway Patrol; however,
when a vehicle is so constructed or loaded that a hand and arm signal
would not be visible both to the front and rear of such vehicle, then
such signals shall be given by such light or device. A vehicle shall
be considered as so constructed or loaded that a hand and arm signal
would not be visible both to the front and rear when the distance
from the center of the top of the steering post to the left outside
limit of the body, cab or load exceeds twenty-four (24) inches, or
when the distance from the center of the top of the steering post
to the rear limit of the body or load thereon exceeds fourteen (14)
feet, which limit of fourteen (14) feet shall apply to single vehicles
or combinations of vehicles. The provisions of this Subsection shall
not apply to any trailer which does not interfere with a clear view
of the hand signals of the operator or of the signaling device upon
the vehicle pulling such trailer; provided further, that the provisions
of this Section as far as mechanical devices on vehicles so constructed
that a hand and arm signal would not be visible both to the front
and rear of such vehicle as above provided shall only be applicable
to new vehicles registered within this State after the first (1st)
day of January, 1954.
A. Driver Shall Stop, When.
1. The driver of a vehicle upon a highway upon meeting or overtaking
from either direction any school bus which has stopped on the highway
for the purpose of receiving or discharging any school children and
whose driver has in the manner prescribed by law given the signal
to stop shall stop the vehicle before reaching such school bus and
shall not proceed until such school bus resumes motion or until signaled
by its driver to proceed.
2. "School bus" includes Head Start buses that meet the requirements
set out in Section 304.050.1(2), RSMo.
B. Every
bus used for the transportation of school children shall bear upon
the front and rear thereon a plainly visible sign containing the words "School Bus" in letters not less than eight (8) inches in
height. Each bus shall have lettered on the rear in plain and distinct
type the following: "State Law: Stop While Bus is Loading
and Unloading". Each school bus subject to the provisions
of Sections 304.050 to 304.070, RSMo., shall be equipped with a mechanical
and electrical signaling device approved by the State Board of Education
which will display a signal plainly visible from the front and rear
and indicating intention to stop.
C. Every school bus operated to transport students in the public school system which has a gross vehicle weight rating of more than ten thousand (10,000) pounds, which has the engine mounted entirely in front of the windshield and the entrance door behind the front wheels, and which is used for the transportation of school children shall be equipped with a crossing control arm. The crossing control arm, when activated, shall extend a minimum of five (5) feet six (6) inches from the face of the front bumper. The crossing control arm shall be attached on the right side of the front bumper and shall be activated by the same controls which activate the mechanical and electrical signaling devices described in Subsection
(B) of this Section. This Subsection may be cited as "Jessica's Law" in commemoration of Jessica Leicht and all other Missouri school children who have been injured or killed during the operation of a school bus.
D. Except as otherwise provided in this Section, the driver of a school
bus in the process of loading or unloading students upon a street
or highway shall activate the mechanical and electrical signaling
devices, in the manner prescribed by the State Board of Education,
to communicate to drivers of other vehicles that students are loading
or unloading. A public school district has the authority pursuant
to Section 304.050, RSMo., to adopt a policy which provides that the
driver of a school bus in the process of loading or unloading students
upon a divided highway of four (4) or more lanes may pull off of the
main roadway and load or unload students without activating the mechanical
and electrical signaling devices in a manner which gives the signal
for other drivers to stop and may use the amber signaling devices
to alert motorists that the school bus is slowing to a stop; provided
that the passengers are not required to cross any traffic lanes and
also provided that the emergency flashing signal lights are activated
in a manner which indicates that drivers should proceed with caution
and, in such case, the driver of a vehicle may proceed past the school
bus with due caution.
E. No driver of a school bus shall take on or discharge passengers at
any location upon a highway consisting of four (4) or more lanes of
traffic, whether or not divided by a median or barrier, in such manner
as to require the passengers to cross more than two (2) lanes of traffic;
nor shall any passengers be taken on or discharged while the vehicle
is upon the road or highway proper unless the vehicle so stopped is
plainly visible for at least five hundred (500) feet in each direction
to drivers of other vehicles in the case of a highway with no shoulder
and a speed limit greater than sixty (60) miles per hour and at least
three hundred (300) feet in each direction to drivers of other vehicles
upon other highways, and on all highways, only for such time as is
actually necessary to take on and discharge passengers.
F. The
driver of a vehicle upon a highway with separate roadways need not
stop upon meeting or overtaking a school bus which is on a different
roadway, which is proceeding in the opposite direction on a highway
containing four (4) or more lanes of traffic, or which is stopped
in a loading zone constituting a part of, or adjacent to, a limited
or controlled access highway at a point where pedestrians are not
permitted to cross the roadway.
G. If any vehicle is witnessed by a peace officer or the driver of a
school bus to have violated the provisions of this Section and the
identity of the operator is not otherwise apparent, it shall be a
rebuttable presumption that the person in whose name such vehicle
is registered committed the violation. In the event that charges are
filed against multiple owners of a motor vehicle, only one (1) of
the owners may be convicted and court costs may be assessed against
only one (1) of the owners. If the vehicle which is involved in the
violation is registered in the name of a rental or leasing company
and the vehicle is rented or leased to another person at the time
of the violation, the rental or leasing company may rebut the presumption
by providing the peace officer or prosecuting authority with a copy
of the rental or lease agreement in effect at the time of the violation.
No prosecuting authority may bring any legal proceedings against a
rental or leasing company under this Section unless prior written
notice of the violation has been given to that rental or leasing company
by registered mail at the address appearing on the registration and
the rental or leasing company has failed to provide the rental or
lease agreement copy within fifteen (15) days of receipt of such notice.
A. The
driver of a vehicle approaching an intersection shall yield the right-of-way
to a vehicle which has entered the intersection from a different highway,
provided however, there is no form of traffic control at such intersection.
B. When
two (2) vehicles enter an intersection from different highways at
approximately the same time, the driver of the vehicle on the left
shall yield the right-of-way to the driver of the vehicle on the right.
This Subsection shall not apply to vehicles approaching each other
from opposite directions when the driver of one (1) of such vehicles
is attempting to or is making a left turn.
C. The
driver of a vehicle within an intersection intending to turn to the
left shall yield the right-of-way to any vehicle approaching from
the opposite direction which is within the intersection or so close
thereto as to constitute an immediate hazard.
D. The
driver of a vehicle intending to make a left turn into an alley, private
road or driveway shall yield the right-of-way to any vehicle approaching
from the opposite direction when the making of such left turn would
create a traffic hazard.
E. The City may, on any section of road where construction or major maintenance operations are being effected, fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of Section
340.160.
The driver of a vehicle shall not follow another vehicle more
closely than is reasonably safe and prudent, having due regard for
the speed of such vehicle and the traffic upon and the condition of
the roadway. Vehicles being driven upon any roadway outside of a business
or residence district in a caravan or motorcade, whether or not towing
other vehicles, shall be so operated, except in a funeral procession
or in a duly authorized parade, so as to allow sufficient space between
each such vehicle or combination of vehicles as to enable any other
vehicle to overtake or pass such vehicles in safety. This Section
shall in no manner affect Section 304.044, RSMo., relating to distance
between trucks traveling on the highway.
[R.O. 2006 §340.210; Ord. No. 948, 12-15-2003]
A. It
shall be unlawful for any person to drive any motor vehicle upon or
across any sidewalk, driveway, parking lot or other commercial property
located at the corner of any intersection governed by traffic lights,
signals or signs for the sole purpose of evading or avoiding the intersection.
B. Any
person violating the terms of this Section shall be subject to a fine
not to exceed five hundred dollars ($500.00).
[R.O. 2006 §340.220; Ord. No. 992 §§1 — 2, 6-20-2005]
A. No
person shall drive, operate, park or store a motor vehicle or trailer
on residential premises in the City of Troy except in or upon driveways,
carports and garages designed and constructed for such purposes; nor
shall any person operate, store or park a motor vehicle or trailer
on any lawn area on residential premises.
B. Any
person violating any provision of this Section shall, on conviction
thereof, be liable for a penalty of a fine up to five hundred dollars
($500.00).
A. Definitions. As used in this Section, the following
terms shall have the meanings set out herein:
ACTIVE EMERGENCY
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.
ACTIVE EMERGENCY ZONE
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:
1.
Appropriate signs or traffic control devices posted or placed
by emergency responders; or
2.
An emergency vehicle displaying active emergency lights or signals.
EMERGENCY RESPONDER
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.
B. Offense Of Endangerment Of An Emergency Responder, Elements.
1.
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:
a.
Exceeding the posted speed limit by fifteen (15) miles per hour
or more;
b.
Passing in violation of Subsection
(C)(3) of this Section;
c.
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;
d.
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;
e.
Physically assaulting, attempting to assault, or threatening
to assault an emergency responder with a motor vehicle or other instrument;
or
f.
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.
2.
Except for the offense established under Subsection
(B)(1)(f) of this Section, 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 or more emergency responders were responding to an active emergency.
3.
No person shall be cited for, or found guilty of, endangerment of an emergency responder or aggravated endangerment of an emergency responder, for any act or omission otherwise constituting an offense under Subsection
(B)(1) 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 emergency responder.
C. Violations, Penalties.
1.
Upon the 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 Subsection
(C)(2) of this Section, 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.
2.
Upon the first conviction, finding of guilt or plea of guilty by any person for a speeding violation under either Section 304.009 or 304.010, RSMo., or Chapter
320 of this Code, or a passing violation under Subsection
(C)(3) of this Section, 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 Subparagraph shall also be assessed an additional fine under Subsection
(C)(1) of this Section.
3.
The driver of a motor vehicle shall not overtake or pass another
motor vehicle within an active emergency zone.
4.
The additional fines imposed by this Section shall not be construed
to enhance the assessment of court costs.
[Ord. No. 1352, 12-18-2023]
A. Definitions.
As used in this Section, the following terms shall mean:
ELECTRONIC COMMUNICATION DEVICE
A portable device that is used to initiate, receive, store,
or view communication, information, images, or data electronically.
1.
Such term, shall include, but not be limited to: cellular telephones;
portable telephones; text-messaging devices; personal digital assistants;
pagers; broadband personal communication devices; electronic devices
with mobile data access; computers, including but not limited to tablets,
laptops, notebook computers, and electronic or video game systems;
devices capable of transmitting, retrieving, or displaying a video,
movie, broadcast television image, or visual image; and any substantially
similar device that is used to initiate or receive communication or
store and review information, videos, images, or data.
2.
Such term, shall not include: radios; citizens band radios;
commercial two-way radio communication devices or their functional
equivalent; subscription-based emergency communication devices; prescribed
medical devices; amateur or ham radio devices; or global positioning
system receivers, security, navigation, communication, or remote diagnostics
systems permanently affixed to the vehicle.
HIGHWAY
The same meaning as is ascribed to such term in Section 302.010,
RSMo.
OPERATING
The actual physical control of a vehicle.
OPERATOR
A person who is in actual physical control.
SCHOOL BUS
The same meaning as is ascribed to such term in Section 302.700,
RSMo.
VOICE-OPERATED OR HANDS-FREE FEATURE OR FUNCTION
A feature or function, whether internally installed or externally
attached or connected to an electronic communication device, that
allows a person to use an electronic communication device without
the use of either hand, except to activate, deactivate, or initiate
the feature or function with a single touch or single swipe.
B. Except
as otherwise provided in this Section, while operating a non-commercial
motor vehicle or commercial motor vehicle on any highway or property
open to the public for vehicular traffic in this State, no operator
shall:
1. Physically hold or support, with any part of his or her body, an
electronic communication device;
2. Write, send, or read any text-based communication, including but
not limited to a text message, instant message, email, or social media
interaction on an electronic communication device. This Subsection
shall not apply to operators of a non-commercial motor vehicle using
a voice-operated or hands-free feature or function that converts the
message to be sent as a message in a written form, provided that the
operator does not divert his or her attention from lawful operation
of the vehicle;
3. Make any communication on an electronic communication device, including
a phone call, voice message, or one-way voice communication; provided,
however, that this prohibition shall not apply to use of a voice-operated
or hands-free feature or function;
4. Engage in any form of electronic data retrieval or electronic data
communication on an electronic communication device;
5. Manually enter letters, numbers, or symbols into any website, search
engine, or application on an electronic communication device;
6. Watch a video or movie on an electronic communication device, other
than watching data related to the navigation of the vehicle; or
7. Record, post, send, or broadcast video, including a video conference,
on an electronic communication device, provided that this prohibition
shall not apply to electronic devices used for the sole purpose of
continually monitoring operator behavior by recording or broadcasting
video within or outside the vehicle.
C. The
operator of a school bus shall not use or operate an electronic communication
device while the school bus is in motion unless the device is being
used in a similar manner as a two-way radio to allow live communication
between the operator and school officials or public safety officials.
The operator of a school bus shall not use or operate an electronic
communication device or a two-way radio while loading or unloading
passengers.
D. This
Section shall not apply to:
1. Law Enforcement Officers or operators of emergency vehicles, as such
term is defined in Section 304.022, RSMo., who are both using the
electronic communication device and operating the emergency vehicle
in the performance of their official duties;
2. Operators using an electronic communication device for the sole purpose
of reporting an emergency situation and continuing communication with
emergency personnel during the emergency situation;
3. Operators of non-commercial motor vehicles using an electronic communication
device solely through a voice-operated or hands-free feature or function;
4. Operators of commercial motor vehicles using a voice-operated or
hands-free feature or function, as long as the operator remains seated
and is restrained by a seat belt as required by law;
5. Operators of commercial motor vehicles reading a message displayed
on a permanently installed communication device designed for a commercial
motor vehicle with a screen that does not exceed ten (10) inches tall
by ten (10) inches wide in size;
6. Operators using electronic communication devices while the vehicle
is lawfully stopped or parked;
7. Commercial motor vehicles that are responding to a request for roadside
assistance, when such response is conducted by a motor club as defined
in Section 385.450, RSMo., or a towing company as defined in Section
304.001, RSMo.;
8. The use of an electronic communication device to relay information
between a transit or for-hire vehicle operator and that operator's
dispatcher, provided the device is mounted or affixed to the vehicle;
9. The use of an electronic communication device to access or view a
map for navigational purposes;
10. The use of an electronic communication device to access or listen
to an audio broadcast or digital audio recording; or
11. The use of an electronic communication device to relay information
through a transportation network company's digital network to a transportation
network company driver, provided the device is mounted or affixed
to the vehicle.
E. Violation
And Penalty.
1. Except as otherwise provided in this Subsection, violation of this
Section shall be an infraction. Penalties for violations of this Section
shall be as provided in this Subsection. Prior convictions shall be
pleaded and proven in the same manner as required under Section 558.021,
RSMo.
2. For a conviction under this Section where there is no prior conviction
under this Section within the preceding twenty-four (24) months, the
court shall impose a fine of up to one hundred fifty dollars ($150.00).
3. For a conviction under this Section where there is one (1) prior
conviction under this Section within the preceding twenty-four (24)
months, the court shall impose a fine of up to two hundred fifty dollars
($250.00).
4. For a conviction under this Section where there are two (2) or more
prior convictions under this Section in the preceding twenty-four
(24) months, the court shall impose a fine of up to five hundred dollars
($500.00).
5. For a conviction under this Section where the violation occurred
in a work zone when workers are present, as such terms are defined
in Section 304.580, RSMo., or for a conviction under this Section
where the violation occurred in an area designated as a school zone
and marked in any way that would alert a reasonably prudent operator
to the presence of the school zone, the court shall impose a fine
of up to five hundred dollars ($500.00).
F. A Law
Enforcement Officer who stops a non-commercial motor vehicle for a
violation of this Section shall inform the operator of the operator's
right to decline a search of their electronic communication device.
No warrant shall be issued to confiscate or access an electronic communication
device based on a violation of this Section unless the violation results
in serious bodily injury or death.
G. A violation
of this Section shall not be used to establish probable cause for
any other violation.
H. The
provisions of this Section shall be subject to the reporting requirements
set forth in Section 590.650, RSMo.
I. Prior
to January 1, 2025, a Law Enforcement Officer who stops a non-commercial
motor vehicle for a violation of this Section shall not issue a citation
for a violation of this Section and shall only issue a warning.
J. No
person shall be stopped, inspected, or detained solely for a violation
of this Section.