The driver of any vehicle other than one on official business
shall not follow any fire apparatus traveling in response to a fire
alarm 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.
No driver of a vehicle shall drive between the vehicles comprising
a funeral or other authorized procession while they are in motion
and when such vehicles are conspicuously designated as required in
this Title. This provision shall not apply at intersections where
traffic is controlled by traffic control signals or Police Officers.
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.
A funeral composed of a procession of vehicles shall be identified
as such by the display upon the outside of each vehicle of a pennant
or other identifying insignia or by such other method as may be determined
and designated by the Police Department.
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 vehicle shall not drive within any sidewalk
area except on a permanent or temporary driveway.
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.
A.
No person shall operate an all-terrain vehicle, as defined in Section 300.020, upon the streets and highways of this City, except as follows:
1.
All-terrain vehicles owned and operated by a governmental entity
for official use;
2.
All-terrain vehicles operated for agricultural purposes or industrial
on-premise purposes between the official sunrise and sunset on the
day of operation; or
3.
All-terrain vehicles whose operators carry a special permit issued
by this City pursuant to Section 304.013, RSMo.
B.
No
person shall operate an off-road vehicle, as defined in Section 304.001,
RSMo., within any stream or river in this City, except that off-road
vehicles may be operated within waterways which flow within the boundaries
of land which an off-road vehicle operator owns, or for agricultural
purposes within the boundaries of land which an off-road vehicle operator
owns or has permission to be upon, or for the purpose of fording such
stream or river of this State at such road crossings as are customary
or part of the highway system. All Law Enforcement Officials or Peace
Officers of this State and its political subdivisions shall enforce
the provisions of this Subsection within the geographic area of their
jurisdiction.
C.
A person
operating an all-terrain vehicle on a 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, and the vehicle shall
be operated at speeds of less than thirty (30) miles per hour. When
operated on a street or highway, an all-terrain vehicle shall have
a bicycle safety flag, which extends not less than seven (7) feet
above the ground, attached to the rear of the vehicle. The bicycle
safety flag shall be triangular in shape with an area of not less
than thirty (30) square inches and shall be dayglow in color.
D.
No
person shall operate an all-terrain vehicle:
1.
In any careless way so as to endanger the person or property of another;
2.
While under the influence of alcohol or any controlled substance;
or
3.
Without a securely fastened safety helmet on the head of an individual
who operates an all-terrain vehicle or who is being towed or otherwise
propelled by an all-terrain vehicle, unless the individual is at least
eighteen (18) years of age.
E.
No
operator of an all-terrain vehicle shall carry a passenger, except
for agricultural purposes.
F.
A violation
of this Section shall be a misdemeanor.
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.
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.
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 in a cross-over or intersection.
C.
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.
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 lines of vehicles in each direction.
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.
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 operator's vehicle.
2.
An operator or driver intending to turn the operator's 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 operator's
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 operator's 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.
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.
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.
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 shall have the authority pursuant to this
Section 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 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.
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.
D.
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.
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 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.
[CC 1991 §23-10; Ord. No. 98 §14, 12-21-1954]
It shall be unlawful for any person to board or alight from
any vehicle while such vehicle is in motion.
[CC 1991 §23-8; Ord. No. 98 §15, 12-21-1954]
It shall be unlawful for any person to ride upon any portion
of a motor vehicle not designed or intended for the use of passengers
when such vehicle is in motion; provided however, that the provisions
of this Section shall not apply to an employee engaged in the necessary
discharge of a duty, or to persons riding within truck bodies in space
intended for merchandise.
[CC 1991 §23-16]
It shall be unlawful for any passenger in any vehicle to ride
in such a position as to interfere with the operator's view ahead
or to the sides, or to interfere with the operator's control over
the driving mechanism of the vehicle.
[CC 1991 §23-17; Ord. No. 98 §47, 12-21-1954]
A.
It
shall be unlawful for any person to throw or place on or upon any
street of the City any tacks, nails, wires, scrap metal, glass, crockery,
sharp stones or other substances injurious to the feet of persons
or animals or to the tires or wheels of vehicles.
B.
Any
person who has purposely, accidentally or by reason of an accident,
dropped from his/her person or any vehicle, any tacks, nails, wire,
scrap metal, glass, crockery, sharp stones or other substances injurious
to the feet of persons or animals, or to the tires or wheels of vehicles,
including motor vehicles, upon any street shall immediately make all
reasonable efforts to clear said street of the substances.
[CC 1991 §23-12; Ord. No. 98 §45, 12-21-1954]
No motor vehicle used for commercial purposes shall be operated
upon any street of the City unless there is painted thereon, in a
conspicuous place, a sign stating the name and address of the owner
thereof, in letters at least three (3) inches high; provided however,
that such sign shall not be required upon vehicles used exclusively
for the conveyance of passengers.
[CC 1991 §23-78; Ord. No. 98 §29, 12-21-1954]
It shall be unlawful for the operator of any vehicle to drive
the same when the vehicle is so loaded or when there is in the front
seat of such vehicle such number of persons as to obstruct the view
of the operator to the front or sides or to interfere with the operator's
control over the driving mechanism of the vehicle.
[CC 1991 §23-97; Ord. No. 98 §34, 12-21-1954; Ord. No. 325 §1, 4-13-1965]
A.
No
person shall operate a motor vehicle in the City so as to engage in
the act of drag racing.
B.
For
the purpose of this Section, the term "drag racing" means the act of two (2) or more individuals competing or racing
on any street, highway or other place open to the public in the City
in a situation in which one of the motor vehicles is beside or to
the rear of a motor vehicle operated by a competing driver and the
one driver attempts to prevent the competing driver from passing or
overtaking him/her.
[CC 1991 §23-98]
No person shall operate a motor vehicle in the City at a rate
of acceleration greater than is reasonably necessary to safely enter
the existing flow of traffic or obtain the maximum speed limit. Tire
friction marks or squealing of tires shall be evidence of such excessive
acceleration.
[CC 1991 §23-211; Ord. No. 98 §33, 12-21-1954]
No person shall leave a motor vehicle unattended on the highway
without first stopping the motor, and when parked upon a perceptible
grade, without turning the wheels of such vehicle to the curb or side
of the roadway to prevent the vehicle from rolling into traffic.
[CC 1991 §23-14]
It shall be unlawful for any person to solicit the privilege
of watching or guarding a vehicle parked on any street of the City.
[CC 1991 §23-15; Ord. No. 98 §46, 12-21-1954]
A.
No
person shall drive, operate, use or tamper with a motor vehicle or
trailer without the permission of the owner thereof.
B.
No
person shall, without the permission of the owner or person in charge
thereof, climb upon or into, or swing upon any motor vehicle or trailer
whether the same is in motion or at rest, or sound the horn or other
sound-producing device thereon, or attempt to manipulate any of the
levers, starting device, brakes or machinery thereof, or set the machinery
in motion.
C.
The
provisions of this Section shall apply to any person employed by the
owner of such motor vehicle as a chauffeur or registered operator
if the said motor vehicle is driven or operated, used or tampered
with without the owner's knowledge or expressed consent, or in violation
of his/her instruction.
D.
No
person shall knowingly ride in a motor vehicle which has been stolen
or is being operated without the consent of the owner thereof.
[CC 1991 §23-125]
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 either or both 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.
[Ord. No. 1102 §§1 —
2, 10-21-1997]
A.
It
shall be unlawful for any motor vehicle to enter onto or to exit from
that portion of Geyer Road lying between Countryside Lane on the south
and Chipper Road on the north, except when exiting from or entering
on to a presently established and utilized, paved or otherwise improved,
private or public, driveway or roadway.
[Ord. No. 2001-1193 §1, 5-15-2001]
A.
Use Prohibited. No person who does not possess a valid Missouri
driver's license may operate or ride a motor scooter anywhere within
the City limits of the City of Frontenac except on privately-owned
residential property with the consent of the owner of that property.
Nothing herein contained shall permit or allow the operation of motor
scooters by one who does not possess a valid Missouri driver's license
on any roadway, inclusive of the berm and shoulder, residential street,
whether publicly or privately owned, right-of-way, easement, sidewalk
or parking lot.
[Ord. No. 2020-1929, 10-20-2020]
B.
Responsibility Of Parent. No parent, guardian or other adult person having the care or custody of a minor shall fail to exercise customary and effective control over that minor so as to contribute to, cause or tend to cause that minor to violate the above Subsection (A) of this Section.
C.
Notice To Parent. Whenever a minor shall be cited for a violation of the above Subsection (A) of this Section, the Police Department shall, as soon as practicable thereafter, deliver written notice to the minor's parent or guardian of that minor's violation of the above Subsection (A) of this Section. Such notice shall advise the parent or guardian of his/her responsibility under the above Subsection (B) of this Section. The notice shall be in such a form as to be signed by the minor's notified parent, signifying receipt thereof. If the parent or guardian refuses to sign said notice, the notifying Police Officer shall indicate such refusal.
D.
Accountability Of Parent. Written notice as defined in Subsection (C) of this Section shall be prima facie evidence of that parent's or guardian's failure to exercise customary and effective control over that minor so as to contribute to, cause or tend to cause that minor to violate the above Subsection (A) of this Section, if that minor commits a second (2nd) or successive violation of Subsection (A) of this Section.
[Ord. No. 2001-1194 §1, 5-15-2001]
A.
Use Prohibited-Exceptions. No person may operate or ride
a motorized cart anywhere within the City limits of the City of Frontenac
except on privately owned residential property with the consent of
the owner of that property. Nothing herein contained shall permit
or allow the operation of motorized cart on any roadway, inclusive
of the berm and shoulder, residential street, whether publicly or
privately owned, right-of-way, easement, sidewalk or parking lot.
Nothing shall prevent the City of Frontenac from consenting to the
operation or use of motorized carts by persons with physical disabilities.
B.
Responsibility Of Parent. No parent, guardian or other adult person having the care or custody of a minor shall fail to exercise customary and effective control over that minor so as to contribute to, cause or tend to cause that minor to violate the above Subsection (A) of this Section.
C.
Notice To Parent. Whenever a minor shall be cited for a violation of the above Subsection (A) of this Section, the Police Department shall, as soon as practicable thereafter, deliver written notice to the minor's parent or guardian of that minor's violation of the above Subsection (A) of this Section. Such notice shall advise the parent or guardian of his/her responsibility under the above Subsection (B) of this Section. The notice shall be in such a form as to be signed by the minor's notified parent, signifying receipt thereof. If the parent or guardian refuses to sign said notice, the notifying Police Officer shall indicate such refusal.
D.
Accountability Of Parent. Written notice as defined in Subsection (C) of this Section shall be prima facie evidence of that parent's or guardian's failure to exercise customary and effective control over that minor so as to contribute to, cause or tend to cause that minor to violate the above Subsection (A) of this Section, if that minor commits a second (2nd) or successive violation of Subsection (A) of this Section.
[Ord. No. 2005-1479 §1, 12-20-2005; Ord.
No. 2022-1977, 5-31-2022]
A.
Use
Prohibited. No person shall operate a truck or a commercial vehicle
upon Clayton Road, Conway Road, Geyer Road or Spoede Road in the City
except when making deliveries, making pickups or providing services
within the City limits.
B.
Turn
Prohibited. No person operating a truck or commercial vehicle shall
make a left turn onto Spoede Road when exiting the parking lot of
the property owned by the St. Louis County Library District located
at 1412 South Spoede Road.
C.
For
the purposes of this Section, trucks and commercial vehicles shall
include:
1.
All vehicles which fall under the definition tractor-trailer, that
is, having a tractor designed for drawing other vehicles and a trailer
without any motor power designed for carrying property on its own
structure.
2.
All vehicles, except recreational vehicles, which have a tandem axle,
that is, a group of two (2) or more axles arranged one (1) behind
another.
3.
All vehicles which have a dump type bed.
4.
All motorized construction equipment.
5.
All vehicles that exceed either eight (8) feet in height or twenty
(20) feet in length.
6.
All vehicles licensed for thirteen thousand (13,000) pounds gross
vehicle weight or more.
[Ord. No. 2023-2023, 9-27-2023]
A.
COMMERCIAL MOTOR VEHICLE
1.
2.
3.
4.
ELECTRONIC COMMUNICATION DEVICE
1.
2.
HIGHWAY
NON-COMMERCIAL MOTOR VEHICLE
OPERATING
OPERATOR
SCHOOL BUS
VOICE-OPERATED OR HANDS-FREE FEATURE OR FUNCTION
As used in this Section, the following
terms shall mean:
A motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property:
If the vehicle has a gross combination weight rating or gross
combination weight of twenty-six thousand one (26,001) or more pounds,
whichever is greater, inclusive of a towed unit which has a gross
vehicle weight rating or gross vehicle weight of more than ten thousand
(10,000) pounds, whichever is greater;
If the vehicle has a gross vehicle weight rating or gross vehicle
weight of twenty-six thousand one (26,001) or more pounds, whichever
is greater;
If the vehicle is designed to transport sixteen (16) or more
passengers, including the driver; or
If the vehicle is transporting hazardous materials and is required
to be placarded under the Hazardous Materials Transportation Act (46
U.S.C. § 1801 et seq.).
A portable device that is used to initiate, receive, store,
or view communication, information, images, or data electronically;
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;
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.
Any public thoroughfare for vehicles, including State roads,
County roads and public streets, avenues, boulevards, parkways, or
alleys in any municipality.
A motor vehicle or combination of motor vehicles not defined
by the term "commercial motor vehicle" in this Section.
The actual physical control of a vehicle.
A person who is in actual physical control.
A commercial motor vehicle used to transport preprimary,
primary, or secondary school students from home to school, from school
to home, or to and from school-sponsored events. School bus does not
include a bus used as a common carrier as defined by the Secretary
of Transportation of the United States.
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 City, 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.
Penalties for violations of this Section shall be as provided in
this Subsection.
1.
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).
2.
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).
3.
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).
4.
For a conviction under this Section where the violation occurred
in a work zone when workers are present, 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).
5.
A violation of this Section while operating a commercial motor
vehicle shall be deemed a serious traffic violation for purposes of
commercial driver's license disqualification.
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.
