Cross Reference: See §
220.710, Operation Of Self-Propelled Vehicles Within Public Parks And Upon City Property.
[R.O. 1996 § 340.010; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
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.
[R.O. 1996 § 340.020; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
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.
[R.O. 1996 § 340.030; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
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).
[R.O. 1996 § 340.040; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
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.
[R.O. 1996 § 340.050; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
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 Traffic Unit.
[R.O. 1996 § 340.060; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
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 operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in Section
300.020, shall leave a safe distance when passing the bicycle, and shall maintain clearance until safely past the overtaken bicycle.
[R.O. 1996 § 340.070; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
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.
[R.O. 1996 § 340.080; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
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.
[R.O. 1996 § 340.090; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
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.
[R.O. 1996 § 340.110; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
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.
[R.O. 1996 § 340.120; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
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-premises purposes between the
official sunrise and sunset on the day of operation;
3.
All-terrain vehicles whose operators
carry a special permit issued by this City pursuant to Section 304.013,
RSMo.;
4.
All-terrain vehicles properly licensed
by the State of Missouri for use on public highways.
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 vehicles,
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.
[R.O. 1996 § 340.130; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
No person riding upon any bicycle, motorized bicycle, coaster,
roller skates, sled or toy vehicle shall attach the same or themselves
to any vehicle upon a roadway. Neither shall the driver of a vehicle
knowingly pull a rider behind a vehicle.
[R.O. 1996 § 340.140; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
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.
[R.O. 1996 § 340.150; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
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.
[R.O. 1996 § 340.160; CC 1968 § 20-1; Ord. No. 323 § 1, 7-5-1966]
No vehicle shall at any time be driven
through or within a safety zone.
[R.O. 1996 § 340.170; CC 1968 § 20-3; Ord. No. 152 § 28, 11-8-1954]
A. No vehicle or combination of vehicles shall
be moved or operated on any highway, street or alley in this City
having a greater weight than prescribed under Section 304.180, RSMo.,
as amended.
B. The local officials and State Highways and Transportation Commission or the legal agents for their respective jurisdiction, whenever by thawing of frost, rains or soft conditions due to construction, reconstruction and maintenance, adverse or critical weather conditions or other causes detrimental to the surface or physical condition of such highways, streets and alleys in this City, are hereby authorized to limit such weights described under Subsection
(A) to such an amount and in such manner as will preserve their economical use by the general public. When posted or marked, it shall be unlawful to transport any gross load in excess of the posted notice, and in addition to conviction and punishment thereof the registered owner thereof shall be held liable in any court of competent jurisdiction for destructive damages to the surface and physical conditions pertaining thereto, by an action of the State, County or other interested person.
[R.O. 1996 § 340.190; CC 1968 § 20-11; Ord. No. 323 § 3, 7-5-1966; Ord.
No. 486 § 1, 2-16-1970; Ord. No. 564 § 1, 10-4-1971; Ord.
No. 1365 § 3, 2-18-1985]
A. Any person who operates a vehicle within
the City carelessly and heedlessly, in disregard of the rights or
safety of others, or without due caution and circumspection, or at
a speed and in a manner so as to endanger or be likely to endanger
any person or property shall be guilty of careless driving.
[Ord. No. 5298, 2-5-2024]
B. Every person who is convicted of careless
driving where an accident is involved shall be punished by a fine
not exceeding five hundred dollars ($500.00) or imprisonment not exceeding
six (6) months, or by both said fine and imprisonment.
[Ord. No. 4574 § 8, 10-5-2015; Ord. No. 4637 § 4, 12-19-2016]
C. Every person who is convicted of careless
driving where no accident is involved shall be punished by a fine
not exceeding two hundred twenty-five dollars ($225.00), when combined
with the amount of court costs.
[Ord No. 4574 § 8, 10-5-2015; Ord. No. 4637 § 4, 12-19-2016]
[R.O. 1996 § 340.200; CC 1968 § 20-12; Ord. No. 323 § 4, 7-5-1966; Ord.
No. 1145 § 1, 4-12-1982; Ord. No. 1154 § 1, 5-17-1982; Ord.
No. 1365 § 4, 2-18-1985; Ord. No. 2964 §§ 1
— 2, 4-7-1997; Ord. No. 3416 § 1, 9-5-2001]
A. It shall be unlawful for any person who
is under the influence of alcohol, a controlled substance, or drug,
or any combination thereof to operate or be in physical control of
any vehicle.
[Ord. No. 4638 § 16, 12-19-2016; Ord.
No. 5035, 8-16-2021]
B. A person commits the offense of "driving
with excessive blood alcohol content" if they operate a motor vehicle
in this City with eight-hundredths of one percent (.08%) or more by
weight of alcohol in their blood. As used in this Section, percent
by weight of alcohol in the blood shall be based upon grams of alcohol
per one hundred (100) milliliters of blood and may be shown by chemical
analysis of the person's blood, breath, saliva or urine. For the purposes
of determining the alcoholic content of a person's blood under this
Section, the test shall be conducted in accordance with the provisions
of Sections 577.020 to 577.041, RSMo.
C. Any person who operates a motor vehicle
upon the public highways of this City shall be deemed to have given
consent to, subject to the provisions of this Section and standards
approved by the State Department of Health, a chemical test or tests
of their breath, blood, saliva or urine for the purpose of determining
the alcohol or drug content of their blood if arrested for any offense
arising out of acts which the arresting officer had reasonable grounds
to believe were committed while the person was driving a motor vehicle
while in an intoxicated or drugged condition. The test shall be administered
at the direction of the arresting Law Enforcement Officer whenever
the person has been arrested for the offense.
D. Chemical analysis of the person's breath,
blood, saliva, or urine to be considered valid under the provisions
of this Section shall be performed according to methods approved by
the State Department of Health by licensed medical personnel or by
a person possessing a valid permit issued by the State Department
of Health for this purpose.
E. The person tested may have a physician,
or a qualified technician, chemist, registered nurse, or other qualified
person of their own choosing and at their expense administer a test
in addition to any administered at the direction of a Law Enforcement
Officer. The failure or inability to obtain an additional test by
a person shall not preclude the admission of evidence relating to
the test taken at the direction of a Law Enforcement Officer.
F. Upon the request of the person who submits
to a chemical test at the request of a Law Enforcement Officer, full
information concerning the test shall be made available to them.
G. Every person who is convicted of driving
a vehicle while under the influence of intoxicating liquor or narcotic
drugs shall be punished by a fine not exceeding five hundred dollars
($500.00) or imprisonment not exceeding six (6) months, or by both
said fine and imprisonment.
[R.O. 1996 § 340.210; Ord. No. 3416 § 2, 9-5-2001]
A. Upon the trial of any person for violation of any of the provisions of Section
340.200(A) or
(B), arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of Subdivision (5) of Section 491.060, RSMo., shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was eight-hundredths of one percent (.08%) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
B. Percent by weight of alcohol in the blood
shall be based upon grams of alcohol per one hundred (100) milliliters
of blood or grams of alcohol per two hundred ten (210) liters of breath.
C. The foregoing provisions of this Section
shall not be construed as limiting the introduction of any other competent
evidence bearing upon the question whether the person was intoxicated.
D. A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection
(A) of this Section, shall have been performed as provided in Section
340.200(C),
(D), and
(E) and in accordance with methods and standards approved by the State Department of Health.
E. Any charge alleging a violation of Section
340.200(A) or
(B) shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva, or urine performed in accordance with Sections
340.200(C),
(D), and
(E) demonstrate that there was less than ten-hundredths of one percent (0.10%) of alcohol in the defendant's blood unless one or more of the following considerations cause the court to find a dismissal unwarranted:
1.
There is evidence that the chemical
analysis is unreliable as evidence of the defendant's intoxication
at the time of the alleged violation due to the lapse of time between
the alleged violation and the obtaining of the specimen;
2.
There is evidence that the defendant
was under the influence of a controlled substance, or drug, or a combination
of either or both with or without alcohol; or
3.
There is substantial evidence of
intoxication from physical observations of witnesses or admissions
of the defendant.
[R.O. 1996 § 340.220; CC 1968 § 20-73; Ord. No. 2359 § 1, 7-19-1993]
A. No person shall consume any alcoholic beverage
while operating a moving motor vehicle upon any public thoroughfare
for vehicles, including State roads, County roads and public streets,
avenues, boulevards, parkways or alleys within the City.
B. Every person who is convicted under the
provisions of this Section shall be punished by a fine of not more
than two hundred twenty-five dollars ($225.00), when combined with
the amount of court costs.
[Ord. No. 4574 § 9, 10-5-2015; Ord. No. 4637 § 5, 12-19-2016]
[R.O. 1996 § 340.230; CC 1968 §§ 20-14
— 20-16; Ord. No. 477 § 3, 12-15-1969]
A. Traffic Emergencies. When snow, sleet or freezing rain is causing slippery or hazardous conditions which might lead to serious traffic congestion, the Mayor may declare a traffic emergency; and until such is terminated, it shall be unlawful to operate a vehicle on any emergency route as defined in Subsection
(C) without first having equipped such vehicle with effective skid chain or snow tires, excepting that vehicles with dual wheels need not be equipped with skid chains or snow tires.
B. Parking Emergencies.
1.
Whenever snow has accumulated or there is a possibility that snow will accumulate to such a depth that snow removal operations will be required, the Mayor may declare a parking emergency, and until such an emergency is terminated, it shall be unlawful to park a vehicle or to permit a vehicle to be parked on any emergency route, as defined in Subsection
(C) of this Section.
2.
All vehicles parked on such emergency
routes must be removed within two (2) hours after declaration of emergency
or be considered in violation of this Section.
C. Emergency Routes Defined. Emergency routes
are hereby defined as all streets on which there is erected, at the
direction of the City Engineer, signs to identify the emergency routes.
[R.O. 1996 § 340.240; CC 1968 § 20-24; Ord. No. 323 § 5, 7-5-1966]
The driver of a motor 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.
[R.O. 1996 § 340.250]
A. All vehicles not in motion shall be placed
with their right side as near the right-hand side of the highway as
practicable, except on streets of municipalities where vehicles are
obliged to move in one direction only or parking of motor vehicles
is regulated by ordinance.
B. 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 under 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 Sections 304.014 to 304.026, RSMo., or traffic
regulations thereunder or of municipalities;
3.
When the right half of a roadway
is closed to traffic while under construction or repair;
4.
Upon a roadway designated by local
ordinance as a one-way street and marked or signed for one-way traffic.
C. It is unlawful to drive any vehicle upon
any highway or road which has been divided into two 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 semicircular or U-turn on any such divided highway, except
in a crossover or intersection.
D. The authorities in charge of any highway
or the state highway patrol may erect signs temporarily designating
lanes to be used by traffic moving in a particular direction, regardless
of the center line of the highway, and all members of the Missouri
highway patrol and other peace officers may direct traffic in conformance
with such signs. When authorized signs have been erected designating
off-center traffic lanes, no person shall disobey the instructions
given by such signs.
E. Whenever any roadway has been divided into
three or more clearly marked lanes for traffic, the following rules
in addition to all others 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 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 sign-posted 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 of 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 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 of the main traveled portion of
the roadway whenever possible.
F. All vehicles in motion upon a highway having
two 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.
G. 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.
[R.O. 1996 § 340.260]
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 their vehicle until completely passed by
the overtaking vehicle.
B. Overtaking And Passing To The Right.
1. The driver of a motor vehicle may overtake and pass to the right
of another vehicle only under the following conditions:
a.
When the vehicle overtaken is making
or about to make a left turn;
b.
Upon a City street with unobstructed
pavement of sufficient width for two (2) or more lines of vehicles
in each direction;
d.
Upon any highway outside of a City
with unobstructed pavement of sufficient width and clearly marked
for four or more lines of traffic.
2. 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.
C. Except when a roadway has been divided
into three traffic lanes, no vehicle shall be driven to the left side
of the center line 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.
[R.O. 1996 § 340.270; CC 1968 § 20-26; Ord. No. 124 § 1, 6-2-1952; Ord.
No. 152 § 19, 11-8-1954]
A. Any driver of a vehicle upon any street,
alley or highway within the City, upon meeting or overtaking from
either direction any school bus which has stopped for the purpose
of receiving or discharging any school children or other passengers
when the driver of said school bus has in the manner prescribed by
law given a signal to stop, shall stop such vehicle before reaching
such school bus and shall not proceed until such school bus resumes
motion or until signalled by its driver to proceed.
B. Every such school bus operating within
the City shall comply with all rules and regulations of the State
Board of Education in and for the operation thereof.
[R.O. 1996 § 340.280; CC 1968 § 20-27; Ord. No. 206 § 1, 6-2-1958]
It shall be unlawful for any person
to operate a motor vehicle on any public street or thoroughfare within
forty-eight (48) hours after said street or thoroughfare has been
oiled; provided that said street or thoroughfare is marked by sign
or other visible designation at the time of oiling, and provided further
that the provisions of this Section shall not apply on any street
or thoroughfare after gravel or other drying agent has been applied.
[R.O. 1996 § 340.290; CC 1968 § 20-31; Ord. No. 120 § 18, 8-6-1951; Ord.
No. 416 § 1, 1-20-1969]
No person shall be privileged to
run, operate or drive any motor or horse-drawn vehicle on places in
the public street sowed to grass or improved for lawn or park purposes,
or on private property without the prior consent of the owner thereof.
[R.O. 1996 § 340.300; CC 1968 § 20-34; Ord. No. 414 § 1, 12-16-1968]
It shall be unlawful for any person
to operate a motor vehicle, trailer or semitrailer upon the public
streets or thoroughfares of the City of Blue Springs, Missouri, which
is carrying goods or materials or farm products which may reasonably
be expected to become dislodged and fall from the vehicle, trailer,
or semitrailer as a result of wind pressure or air pressure and/or
by the movement of the vehicle, trailer or semitrailer without having
a protective cover or being sufficiently secured so that no portion
of such goods or material can become dislodged and fall from the vehicle,
trailer or semitrailer while being transported or carried.
[R.O. 1996 § 340.310; CC 1968 § 18-16; Ord. No. 2064 § 1, 5-20-1991]
No operator of any truck or motor vehicle shall cause to be scattered or tracked on or about public or private premises or streets while in motion or stopped, any litter, refuse, mud, dirt, sticky substances, or rubbish. All loads shall be secured in such a manner so as to effect compliance with this Section. The penalty for violation of this Section shall be imposed as allowed by Section
100.080 of this Code.
[R.O. 1996 § 340.320; Ord. No. 3161 § 1, 9-8-1999]
A. It is unlawful for any person, unless expressly
exempted by the terms of another Section of the Code of Ordinances,
City of Blue Springs, Missouri, to operate any motor vehicle without
a functioning, certified ignition interlock device when that person
has been ordered by a court to equip any vehicle they operate with
such a device.
1.
It is not a defense to any charge
under this Section that the vehicle is rented, leased or lent by anyone.
2.
Missouri Department of Revenue records
containing any entry requiring the use of the device, as provided
by State law, shall be presumptive evidence of the requirement to
have an ignition interlock device.
B. It is unlawful for any person to request
or solicit another person to blow into an ignition interlock devise
or to start a motor vehicle equipped with the device for the purpose
of providing the person so restricted with an operable motor vehicle
if the driving privilege of the person making the request is restricted
pursuant to this Section.
C. It is unlawful for any person to blow into
an ignition interlock device or to start a motor vehicle equipped
with the device for the purpose of providing an operable vehicle to
a person whose driving privilege is restricted under State law.
D. It is unlawful for any person to tamper
with, or circumvent the operation of an ignition interlock device.
[R.O. 1996 § 340.330; Ord. No. 3603 § 1, 10-6-2003]
It shall be the duty of the operator or driver of any vehicle or the rider of any animal traveling on the highways, streets and roads of this City to stop on signal of any Law Enforcement Officer and to obey any other reasonable signal or direction of such Law Enforcement Officer given in directing the movement of traffic on the highways, streets and roads. Any person who willfully fails or refuses to obey such signals or directions or who willfully resists or opposes a Law Enforcement Officer in the proper discharge of their duties shall be guilty of a misdemeanor and on conviction thereof shall be punished as provided in Section
100.080 of this Code.
[R.O. 1996 § 340.340; Ord. No. 3798 § 1, 7-7-2004]
Unless authorized to do so, it shall
be unlawful for anyone operating a motor vehicle to enter a portion
of any roadway that has been restricted for construction purposes;
provided such restriction is posted by a sign, barricade or cones.
[R.O. 1996 § 340.350; Ord. No. 4479 § 1, 2-18-2014; Ord.
No. 5261, 10-2-2023]
A. 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
Has 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
Has 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. 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.
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 conditions 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, 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.