[R.O. 1996 § 380.010; Code 1985,
§ 76.600; CC 1990 § 14-461]
The following words, terms and phrases,
when used in this Article shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning:
Approved by the State Director of Revenue and when applied
to lamps and other illuminating devices must be in good working order.
An additional lighting device on a motor vehicle used primarily
to supplement the headlamps in providing general illumination ahead
of the vehicle.
A major lighting device capable of providing general illumination
ahead of a vehicle.
The distance from the center of the lamp to the surface on
which the vehicle stands.
Headlamps or similar devices arranged so as to permit the
driver of the vehicle to use one (1) of two (2) or more distributions
of light on the road.
An approved device designed and used to give an indication
by reflected light.
Headlamps or similar devices arranged so as to permit the
driver of the vehicle to use but one (1) distribution of light on
the road.
Every device in, upon or by which a person or property is
or may be transported upon a highway, excepting devices moved by human
power or used exclusively upon stationary rails or tracks.
At any time from one-half (1/2) hour after sunset to one-half
(1/2) hour before sunrise and at any other time when there is not
sufficient light to render clearly discernible persons and vehicles
on the highway at a distance of five hundred (500) feet ahead. Lighted
lamps shall also be required any time the weather conditions require
usage of the motor vehicle's windshield wipers to operate the vehicle
in a careful and prudent manner as defined in Section 304.012, RSMo.
The provisions of this definition shall be interpreted to require
lighted lamps during periods of fog even if usage of the windshield
wipers is not necessary to operate the vehicle in a careful and prudent
manner.
[R.O. 1996 § 380.020; Code 1985,
§ 76.610; CC 1990 § 14-462]
A.
No
person shall drive, move, park or be in custody of any vehicle or
combination of vehicles on any street or highway during the time when
lighted lamps are required unless such vehicle or combination of vehicles
displays lighted lamps and illuminating devices as required by this
Article. No person shall use on any vehicle any approved electric
lamp or similar device unless the light source of such lamp or device
complies with the conditions of approval as to focus and rated candlepower.
B.
Notwithstanding the provisions of Section 307.120, RSMo., or any
other provision of law, violation of this Section shall be deemed
an ordinance violation and any person who violates this Section as
it relates to violations of the usage of lighted lamps required due
to weather conditions or fog shall only be fined ten dollars ($10.00)
and no court costs shall be assessed.
For purposes of this Article, a lamp, light, or other piece
of lighting equipment consisting of multiple light-emitting diodes
shall be deemed to be operating properly so long as not less than
seventy-five percent (75%) of the light-emitting diodes are operating
properly.
[R.O. 1996 § 380.030; Code 1985,
§ 76.615; CC 1990 § 14-463]
Except as provided in this Article,
every motor vehicle other than a motor-drawn vehicle and other than
a motorcycle shall be equipped with at least two (2) approved headlamps
mounted at the same level with at least one (1) on each side of the
front of the vehicle. Every motorcycle shall be equipped with at least
one (1) and not more than two (2) approved headlamps. Every motorcycle
equipped with a sidecar or other attachment shall be equipped with
a lamp on the outside limit of such attachment capable of displaying
a white light to the front.
[R.O. 1996 § 380.040; Code 1985,
§ 76.620; CC 1990 § 14-464]
Any motor vehicle need not be equipped
with approved headlamps provided that every such vehicle during the
times when lighted lamps are required is equipped with two (2) lighted
lamps on the front thereof displaying white or yellow lights without
glare capable of revealing persons and objects seventy-five (75) feet
ahead; provided, however, that no such motor vehicle shall be operated
at a speed in excess of twenty (20) miles per hour during the times
when lighted lamps are required.
[R.O. 1996 § 380.050; Code 1985,
§ 76.625; CC 1990 § 14-465]
Approved single-beam headlamps shall
be so aimed that when the vehicle is not loaded none of the high intensity
portion of the light shall at a distance of twenty-five (25) feet
ahead project higher than a level of five (5) inches below the level
of the center of the lamp from which it comes, and in no case higher
than forty-two (42) inches above the level on which the vehicle stands
at a distance of seventy-five (75) feet ahead. The intensity shall
be sufficient to reveal persons and vehicles at a distance of at least
two hundred (200) feet.
[R.O. 1996 § 380.060; Code 1985,
§ 76.630; CC 1990 § 14-466]
A.
Except as provided in this Article, the
headlamps or the auxiliary driving lamp or the auxiliary passing lamp
or combination thereof on motor vehicles other than motorcycles or
motor-driven cycles shall be so arranged that the driver may select
at will between distributions of light projected to different elevations
and such lamps may, in addition, be so arranged that such selection
can be made automatically, subject to the following limitations:
1.
There shall be an uppermost distribution
of light, or composite beam, so aimed and of such intensity as to
reveal persons and vehicles at a distance of at least three hundred
fifty (350) feet ahead for all conditions of loading.
2.
There shall be a lowermost distribution
of light, or composite beam so aimed and of sufficient intensity to
reveal persons and vehicles at a distance of at least one hundred
(100) feet ahead; and on a straight level road under any condition
of loading none of the high-intensity portion of the beam shall be
directed to strike the eyes of an approaching driver.
[R.O. 1996 § 380.070; Code 1985,
§ 76.635; CC 1990 § 14-467]
Every person driving a motor vehicle
equipped with multiple-beam road lighting equipment, during the time
when lighted lamps are required, shall use a distribution of light,
or composite beam directed high enough and of sufficient intensity
to reveal persons and vehicles at a safe distance in advance of the
vehicle, subject to the following requirements and limitations. Whenever
the driver of a vehicle approaches an oncoming vehicle within five
hundred (500) feet, or is within three hundred (300) feet to the rear
of another vehicle traveling in the same direction, the driver shall
use a distribution of light or composite beam so aimed that the glaring
rays are not projected into the eyes of the other driver, and in no
case shall the high-intensity portion which is projected to the left
of the prolongation of the extreme left side of the vehicle be aimed
higher than the center of the lamp from which it comes at a distance
of twenty-five (25) feet ahead, and in no case higher than a level
of forty-two (42) inches above the level upon which the vehicle stands
at a distance of seventy-five (75) feet ahead.
[R.O. 1996 § 380.080; Code 1985
§ 76.640; CC 1990 § 14-468]
A.
Every motor vehicle and every motor-drawn
vehicle shall be equipped with at least two (2) rear lamps, not less
than fifteen (15) inches or more than seventy-two (72) inches above
the ground upon which the vehicle stands, which when lighted will
exhibit a red light plainly visible from a distance of five hundred
(500) feet to the rear. Either such rear lamp or a separate lamp shall
be so constructed and placed as to illuminate with a white light the
rear registration marker and render it clearly legible from a distance
of fifty (50) feet to the rear. When the rear registration marker
is illuminated by an electric lamp other than the required rear lamps,
all such lamps shall be turned on or off only by the same control
switch at all times.
B.
Every motorcycle when operated on a roadway
of this City shall also carry at the rear, either as part of the rear
lamp or separately, at least one (1) approved red reflector, which
shall be of such size and characteristics and so maintained as to
be visible during the times when lighted lamps are required from all
distances within three hundred (300) feet to fifty (50) feet from
such vehicle when directly in front of a motor vehicle displaying
lawful undimmed headlamps. A motorcycle may be equipped with a means
of varying the brightness of the vehicle's brake light for a duration
of not more than five (5) seconds upon application of the vehicle's
brakes.
C.
Every new passenger car, new commercial
motor vehicle, motor-drawn vehicle and omnibus with a capacity of
more than six (6) passengers when operated on a roadway, shall also
carry at the rear at least two (2) approved red reflectors, at least
one (1) at each side, so designed, mounted on the vehicle and maintained
as to be visible during the times when lighted lamps are required
from all distances within five hundred (500) feet to fifty (50) feet
from such vehicle when directly in front of a motor vehicle displaying
lawful undimmed headlamps. Every such reflector shall meet the requirements
of this Article and shall be mounted upon the vehicle at a height
not to exceed sixty (60) inches nor less than fifteen (15) inches
above the surface upon which the vehicle stands.
[R.O. 1996 § 380.090; Code 1985,
§ 76.645; CC 1990 § 14-469]
Any motor vehicle may be equipped
with not to exceed three (3) auxiliary lamps mounted on the front
at a height not less than twelve (12) inches nor more than forty-two
(42) inches above the level surface upon which the vehicle stands.
[R.O. 1996 § 380.100; Code 1985,
§ 76.650; CC 1990 § 14-470]
Any motor vehicle may be equipped
with not more than two (2) side cowl or fender lamps which shall emit
a white or yellow light without glare. Any motor vehicle may be equipped
with not more than one (1) running board courtesy lamp on each side
thereof which shall emit a white or yellow light without glare. Any
motor vehicle may be equipped with a backup lamp either separately
or in combination with another lamp; except that no such backup lamp
shall be continuously lighted when the motor vehicle is in forward
motion.
[R.O. 1996 § 380.110; Code 1985,
§ 76.655; CC 1990 § 14-471]
Any motor vehicle may be equipped
with, not to exceed one (1) spotlamp but every lighted spotlamp shall
be so aimed and used so as not to be dazzling or glaring to any person.
[R.O. 1996 § 380.120; Code 1985,
§ 76.660; CC 1990 § 14-472]
Headlamps, when lighted, shall exhibit
lights substantially white in color; auxiliary lamps, cowl-lamps and
spotlamps, when lighted, shall exhibit lights substantially white,
yellow or amber in color. No person shall drive or move any vehicle
or equipment, except a school bus when used for school purposes or
an emergency vehicle upon any street or highway with any lamp or device
thereon displaying a red light visible from directly in front thereof.
[R.O. 1996 § 380.130; Code 1985,
§ 76.665; CC 1990 § 14-473]
Any lighted lamp or illuminating
device upon a motor vehicle other than headlamps, spotlamps, front
direction signals or auxiliary lamps which projects a beam of light
of an intensity greater than three hundred (300) candlepower shall
be so directed that no part of the beam will strike the level of the
roadway on which the vehicle stands at a distance of more than seventy-five
(75) feet from the vehicle. Alternately flashing warning signals may
be used on school buses when used for school purposes and on motor
vehicles when used to transport United States Mail from post offices
to boxes of addressees thereof and on emergency vehicles as defined
in Section 304.022, RSMo., and on buses owned or operated by churches,
mosques, synagogues, temples or other houses of worship and on commercial
passenger transport vehicles or railroad passenger cars that are stopped
to load or unload passengers, but are prohibited on other motor vehicles,
motorcycles and motor-drawn vehicles except as a means for indicating
a right or left turn.
[R.O. 1996 § 380.140; Code 1985,
§ 76.670; CC 1990 § 14-474]
At the times when lighted lamps are
required, at least two (2) lighted lamps shall be displayed, one (1)
on each side of the front of every motor vehicle except a motorcycle
and except a motor-drawn vehicle except when such vehicle is parked
subject to the provisions governing lights on parked vehicles. Whenever
a motor vehicle equipped with headlamps as in this Chapter required
is also equipped with any auxiliary lamps or a spotlamp or any other
lamp on the front thereof projecting a beam of intensity greater than
three hundred (300) candlepower, not more than a total of four (4)
of any such lamps on the front of a vehicle shall be lighted at any
one time when upon a roadway of this City.
[R.O. 1996 § 380.150; Code 1985,
§ 76.675; CC 1990 § 14-475]
A.
Whenever a vehicle is lawfully parked upon
a street or highway during the hours between a half (1/2) hour after
sunset and a half (1/2) hour before sunrise and in the event there
is sufficient light to reveal any person or object within a distance
of five hundred (500) feet upon such street or highway, no lights
need be displayed upon such parked vehicle.
B.
Whenever a vehicle is parked or stopped
upon a highway or shoulder adjacent thereto, whether attended or unattended,
during the hours between one-half (1/2) hour after sunset and one-half
(1/2) hour before sunrise and there is not sufficient light to reveal
any person or object within a distance of five hundred (500) feet
upon the highway, a vehicle so parked or stopped shall be equipped
with one (1) or more lamps meeting the following requirements: At
least one (1) lamp shall display a white or amber light visible from
a distance of five hundred (500) feet to the front of the vehicle,
and the same lamp or at least one (1) other lamp shall display a red
light visible from a distance of five hundred (500) feet to the rear
of the vehicle, and the location of the lamps shall always be such
that at least one (1) lamp or combination of lamps meeting the requirements
of this Section is installed as near as practicable to the side of
the vehicle which is closest to passing traffic. This Section does
not apply to a motor-driven cycle. Any lighted headlamp upon a parked
vehicle shall be depressed or dimmed.
[R.O. 1996 § 380.160; Code 1985
§ 76.680; CC 1990 § 14-476]
All vehicles, including agricultural
machinery or implements, road machinery, road rollers, traction engines
and farm tractors not in this Chapter specifically required to be
equipped with lamps, shall be equipped during the time when lighted
lamps are required with at least one (1) lighted lamp or lantern exhibiting
a white light visible from a distance of five hundred (500) feet to
the front of such vehicle and with a lamp or lantern exhibiting a
red light visible from a distance of five hundred (500) feet to the
rear, and such lamps and lanterns shall exhibit lights to the sides
of such vehicle.
[R.O. 1996 § 380.170; Code 1985,
§ 76.590; CC 1990 § 14-431]
A.
All
motor vehicles, and every trailer and semitrailer operating upon the
public roadways of this City and carrying goods or material 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 shall have a protective cover or be 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.
B.
Operation
of a motor vehicle, trailer or semitrailer in violation of this Section
shall be an ordinance violation, and any person convicted thereof
shall be punished as provided by law.
[R.O. 1996 § 380.180; Code 1985,
§ 76.595; CC 1990 § 14-432]
A.
Trucks,
semitrailers, and trailers, except utility trailers, without rear
fenders, attached to a commercial motor vehicle registered for over
twenty-four thousand (24,000) pounds shall be equipped with mud flaps
for the rear wheels when operated on the public highways of this State.
If mud flaps are used, they shall be wide enough to cover the full
tread width of the tire or tires being protected; shall be so installed
that they extend from the underside of the vehicle body in a vertical
plane behind the rear wheels to within twelve (12) inches of the ground
for dump trucks and within eight (8) inches of the ground for all
other vehicles required to be equipped with mud flaps under this Section;
and shall be constructed of a rigid material or a flexible material
which is of a sufficiently rigid character to provide adequate protection
when the vehicle is in motion. No provisions of this Section shall
apply to a motor vehicle in transit and in process of delivery equipped
with temporary mud flaps, to farm implements, or to any vehicle which
is not required to be registered.
B.
For
purposes of this Section, "dump truck" means a truck whose contents
can be emptied without handling, where the front end of the platform
can be hydraulically raised so that the load is discharged by gravity.
C.
Any
person who violates this Section is guilty of an ordinance violation
and, upon plea or finding of guilt, shall be punished as provided
by law.
[R.O. 1996 § 380.190; Code 1985,
§ 76.685; CC 1990 § 14-433]
Every motor vehicle shall be equipped
with a horn, directed forward, or whistle in good working order, capable
of emitting a sound adequate in quantity and volume to give warning
of the approach of such vehicle to other users of the highway and
to pedestrians. Such signaling device shall be used for warning purposes
only and shall not be used for making any unnecessary noise, and no
other sound-producing signaling device shall be used at any time.
[R.O. 1996 § 380.200; Code 1985,
§ 76.690; CC 1990 § 14-434]
Muffler cutouts shall not be used
and no vehicle shall be driven in such manner or condition that excessive
and unnecessary noises shall be made by its machinery, motor, signaling
device or other parts, or by any improperly loaded cargo. The motors
of all motor vehicles shall be fitted with properly attached mufflers
of such capacity or construction as to quiet the maximum possible
exhaust noise as completely as is done in modern gas engine passenger
motor vehicles. Any cutout or opening in the exhaust pipe between
the motor and the muffler on any motor vehicle shall be completely
closed and disconnected from its operating lever, and shall be so
arranged that it cannot automatically open, or be opened or operated
while such vehicle is in motion.
[R.O. 1996 § 380.210; Code 1985,
§ 76.695; CC 1990 § 14-435]
All motor vehicles, except motorcycles,
shall be provided at all times with two (2) sets of adequate brakes,
kept in good working order. Motorcycles shall be provided with one
(1) set of adequate brakes kept in good working order.
[R.O. 1996 § 380.220; Code 1985,
§ 76.700; CC 1990 § 14-436]
All motor vehicles which are so constructed
or loaded that the operator cannot see the road behind such vehicle
by looking back or around the side of such vehicle shall be equipped
with a mirror so adjusted as to reveal the road behind and be visible
from the operator's seat.
[R.O. 1996 § 380.230; Code 1985,
§ 76.705; CC 1990 § 14-437]
All vehicles carrying poles or other
objects which project more than five (5) feet from the rear of such
vehicle, shall, during the period when lights are required by this
Chapter, carry a red light at or near the rear end of the pole or
other object so projecting. At other times a red flag or cloth, not
less than sixteen (16) inches square, shall be displayed at the end
of such projection.
[R.O. 1996 § 380.240]
A.
When
one (1) vehicle is towing another, the connecting device shall not
exceed fifteen (15) feet. During the time that lights are required
by this Chapter, the required lights shall be displayed by both vehicles.
Every towed vehicle shall be coupled to the towing vehicle by means
of a safety chain, cable, or equivalent device in addition to the
primary coupling device, except that such secondary coupling device
shall not be necessary if the connecting device is connected to the
towing vehicle by a center-locking ball located over or nearly over
the rear axle and not supported by the rear bumper of the towing vehicle.
Such secondary safety connecting devices shall be of sufficient strength
to control the towed vehicle in the event of failure of the primary
coupling device. The provisions of this Section shall not apply to
wreckers towing vehicles or to vehicles secured to the towing vehicle
by a fifth-wheel type connection.
B.
The
provisions of this Section shall also not apply to farm implements
or to any vehicle which is not required to be registered.
[R.O. 1996 § 380.250; Code 1985,
§ 76.715; CC 1990 § 14-439]
No person shall operate any motor
vehicle upon any road of this City between the first day of April
and the first day of November while the motor vehicle is equipped
with tires containing metal or carbide studs.
[R.O. 1996 § 380.260; Code 1985,
§ 91.050; CC 1990 § 14-440]
No vehicle or combination of vehicles
or heavy equipment, including track vehicles and earth moving equipment,
shall be permitted to use or be moved or operated on any highway,
street or alley in the City, unless such vehicles and equipment are
moved or operated upon street pads or rubber tires.
[R.O. 1996 § 380.270; Code 1985,
§ 76.720; CC 1990 § 14-441]
No person shall operate any passenger
motor vehicle upon the public streets of this City, the body of which
has been altered in such a manner that the front or rear of the vehicle
is raised at such an angle as to obstruct the vision of the operator
of the street or highway in front or to the rear of the vehicle.
[R.O. 1996 § 380.280]
Every motor vehicle which is licensed
in this State and operated upon the public streets or highways of
this City shall be equipped with front and rear bumpers if such vehicle
was equipped with bumpers as standard equipment. This Section shall
not apply to motor vehicles designed or modified primarily for off-highway
purposes while such vehicles are in tow or to motorcycles or motor-driven
cycles, or to motor vehicles registered as historic motor vehicles
when the original design of such vehicles did not include bumpers
nor shall the provisions of this Section prohibit the use of drop
bumpers. The Superintendent of the Missouri State Highway Patrol shall
adopt rules and regulations relating to bumper standards. Maximum
bumper heights of both the front and rear bumpers of motor vehicles
shall be determined by weight category of gross vehicle weight rating
(GVWR) measured from a level surface to the highest point of the bottom
of the bumper when the vehicle is unloaded and the tires are inflated
to the manufacturer's recommended pressure. Maximum bumper heights
are as follows:
|
Maximum front bumper height
|
Maximum rear bumper height
| |
|---|---|---|
|
Motor vehicles except commercial
motor vehicles
|
22 inches
|
22 inches
|
|
Commercial motor vehicles (GVWR)
| ||
|
4,500 lbs and under
|
24 inches
|
26 inches
|
|
4,501 lbs through 7,500
|
27 inches
|
29 inches
|
|
7,501 lbs through 9,000 lbs
|
28 inches
|
30 inches
|
|
9,001 lbs through 11,500 lbs
|
29 inches
|
31 inches
|
[R.O. 1996 § 380.290; Code 1985,
§ 76.730; CC 1990 § 14-443]
A.
Any person may operate a motor vehicle with front sidewing vents or windows located immediately to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing material, that has a light transmission of thirty-five percent (35%) or more plus or minus three percent (3%) and a luminous reflectance of thirty-five percent (35%) or less plus or minus three percent (3%). Except as provided in Subsection (C) of this Section, any sun-screening device applied to front sidewing vents or windows located immediately to the left and right of the driver in excess of the requirements of this Section shall be prohibited without a permit pursuant to a physician's prescription as described below. A permit to operate a motor vehicle with front sidewing vents or windows located immediately to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing material, which permits less light transmission and luminous reflectance than allowed under the requirements of this Subsection may be issued by the Department of Public Safety to a person having a serious medical condition which requires the use of a sun-screening device if the permittee's physician prescribes its use. The Director of the Department of Public Safety shall promulgate rules and regulations for the issuance of the permit. The permit shall allow operation of the vehicle by any titleholder or relative within the second degree of consanguinity or affinity, which shall mean a spouse, each grandparent, parent, brother, sister, niece, nephew, aunt, uncle, child and grandchild of a person who resides in the household. Except as provided in Subsection (B) of this Section, all sun-screening devices applied to the windshield of a motor vehicle are prohibited.
B.
This Section shall not prohibit labels, stickers, decalcomania or
informational signs on motor vehicles or the application of tinted
or solar-screening material to recreational vehicles as defined in
Section 700.010, RSMo., provided that such material does not interfere
with the driver's normal view of the road. This Section shall not
prohibit factory-installed tinted glass, the equivalent replacement
thereof or tinting material applied to the upper portion of the motor
vehicle's windshield which is normally tinted by the manufacturer
of motor vehicle safety glass.
C.
Any vehicle licensed with a historical license plate shall be exempt
from the requirements of this Section.
D.
Any person who violates the provisions of this Section is guilty
of an ordinance violation.
[R.O. 1996 § 380.300; Code 1985,
§ 76.360; CC 1990 § 14-444; Ord.
No. 519 § 1, 1-13-1986; Ord. No. 573, 1-11-1988]
A.
As used in this Section, the term "passenger
car" means every motor vehicle designed for carrying ten (10) persons
or less and used for the transportation of persons; except that, the
term "passenger car" shall not include motorcycles, motorized bicycles,
motor tricycles, and trucks with a licensed gross weight of twelve
thousand (12,000) pounds or more.
B.
Each driver, except persons employed by the United States Postal
Service while performing duties for that Federal agency which require
the operator to service postal boxes from their vehicles, or which
require frequent entry into and exit from their vehicles, and front
seat passenger of a passenger car manufactured after January 1, 1968,
operated on a street or highway in this State, and persons less than
eighteen (18) years of age operating or riding in a truck, as defined
in Section 301.010, RSMo., on a street or highway of this State shall
wear a properly adjusted and fastened safety belt that meets Federal
National Highway, Transportation and Safety Act requirements. No person
shall be stopped, inspected, or detained solely to determine compliance
with this Subsection. The provisions of this Section and Section 307.179,
RSMo., shall not be applicable to persons who have a medical reason
for failing to have a seat belt fastened about their body, nor shall
the provisions of this Section be applicable to persons while operating
or riding a motor vehicle being used in agricultural work-related
activities. Non-compliance with this Subsection shall not constitute
probable cause for violation of any other provision of law. The provisions
of this Subsection shall not apply to the transporting of children
under sixteen (16) years of age, as provided in Section 307.179, RSMo.
C.
Each driver of a motor vehicle transporting a child less than sixteen
(16) years of age shall secure the child in a properly adjusted and
fastened restraint under Section 307.179, RSMo.
D.
In any action to recover damages arising out of the ownership, common
maintenance or operation of a motor vehicle, failure to wear a safety
belt in violation of this Section shall not be considered evidence
of comparative negligence. Failure to wear a safety belt in violation
of this Section may be admitted to mitigate damages, but only under
the following circumstances:
1.
Parties seeking to introduce evidence of the failure to wear a safety
belt in violation of this Section must first introduce expert evidence
proving that a failure to wear a safety belt contributed to the injuries
claimed by plaintiff;
2.
If the evidence supports such a finding, the trier of fact may find
that the plaintiff's failure to wear a safety belt in violation of
this Section contributed to the plaintiff's claimed injuries, and
may reduce the amount of the plaintiff's recovery by an amount not
to exceed one percent (1%) of the damages awarded after any reductions
for comparative negligence.
E.
Notwithstanding any other provision of law to the contrary, Subsection (D) of this Section shall not apply to any action arising out of the design, construction, manufacture, distribution, or sale of a motor vehicle, as defined in Section 301.010, RSMo., factory-equipped with a safety belt. In such actions arising out of the design, construction, manufacture, distribution, or sale of a motor vehicle, a plaintiff's failure to wear a properly adjusted and fastened safety belt shall be admissible as evidence of comparative negligence or fault, causation, absence of a defect or hazard, and failure to mitigate damages.
F.
Except as otherwise provided for in Section 307.179, RSMo., each person who violates the provisions of Subsection (B) of this Section is guilty of an ordinance violation for which a fine not to exceed ten dollars ($10.00) may be imposed. All other provisions of law and court rules to the contrary notwithstanding, no court costs shall be imposed on any person due to a violation of this Section. In no case shall points be assessed against any person, pursuant to Section 302.302, RSMo., for a violation of this Section.
G.
If
there are more persons than there are seat belts in the enclosed area
of a motor vehicle, then the passengers who are unable to wear seat
belts shall sit in the area behind the front seat of the motor vehicle
unless the motor vehicle is designed only for a front-seated area.
The passenger or passengers occupying a seat location referred to
in this Subsection is not in violation of this Section. This Subsection
shall not apply to passengers who are accompanying a driver of a motor
vehicle who is licensed under Section 302.178, RSMo.
[R.O. 1996 § 380.310]
A.
CHILD BOOSTER SEAT
CHILD PASSENGER RESTRAINT SYSTEM
DRIVER
As used in this Section, the following terms shall have these prescribed
meanings:
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 571.213, as amended, that is designed
to elevate a child to properly sit in a Federally approved safety
belt system.
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 571.213, as amended, and which is either
permanently affixed to a motor vehicle or is affixed to such vehicle
by a safety belt or a universal attachment system.
A person who is in actual physical control of a motor vehicle.
B.
Requirement; Applicability.
1.
Every driver transporting a child under the age of sixteen (16)
years shall be responsible, when transporting such child in a motor
vehicle operated by that driver on the streets or highways of this
City, for providing for the protection of such child as follows:
a.
Children less than four (4) years of age, regardless of weight, shall
be secured in a child passenger restraint system appropriate for that
child.
b.
Children weighing less than forty (40) pounds, regardless of age,
shall be secured in a child passenger restraint system appropriate
for that child.
c.
Children at least four (4) years of age but less than eight (8) years
of age, who also weigh at least forty (40) pounds but less than eighty
(80) pounds, and who are also less than four (4) feet nine (9) inches
tall, shall be secured in a child passenger restraint system or booster
seat appropriate for that child.
d.
Children at least eighty (80) pounds or children more than four (4)
feet nine (9) inches in height shall be secured by a vehicle safety
belt or booster seat appropriate for that child.
e.
A child who otherwise would be required to be secured in a booster
seat may be transported in the back seat of a motor vehicle while
wearing only a lap belt if the back seat of the motor vehicle is not
equipped with a combination lap and shoulder belt for booster seat
installation.
f.
When transporting children in the immediate family when there are
more children than there are seating positions in the enclosed area
of a motor vehicle, the children who are not able to be restrained
by a child safety restraint device appropriate for the child shall
sit in the area behind the front seat of the motor vehicle unless
the motor vehicle is designed only for a front seat area. The driver
transporting children referred to in this Subsection is not in violation
of this Section.
2.
This Subsection shall only apply to the use of a child passenger
restraint system or vehicle safety belt for children less than sixteen
(16) years of age being transported in a motor vehicle.
C.
Any driver who violates Subsection (B)(1)(a), (b) or (c) herein, is guilty of an ordinance violation and upon conviction may be punished by a fine of not more than fifty dollars ($50.00) and court costs. Any driver who violates Subsection (B)(1)(d) herein shall be subject to the penalty in Subsection (E) of Section 307.178, RSMo. If a driver receives a citation for violating Subsection (B)(1)(a), (b) or (c) herein, the charges shall be dismissed or withdrawn if the driver prior to or at his/her hearing provides evidence of acquisition of a child passenger restraint system or child booster seat which is satisfactory to the court or the party responsible for prosecuting the driver's citation.
D.
The provisions of this Section shall not apply to any public carrier
for hire. The provisions of this Section shall not apply to students
four (4) years of age or older who are passengers on a school bus
designed for carrying eleven (11) passengers or more and which is
manufactured or equipped pursuant to Missouri Minimum Standards for
School Buses as school buses are defined in Section 301.010, RSMo.
[R.O. 1996 § 380.320; Code 1985,
§ 76.605; CC 1990 § 14-445]
The provisions of this Chapter with
respect to equipment and lights on vehicles shall not apply to agricultural
machinery and implements, road machinery, road rollers, traction engines
or farm tractors except as in this Chapter made applicable.
[R.O. 1996 § 380.330; Ord. No. 921 § 16.239, 9-12-1994]
No person shall equip any motor vehicle
with any appliance or equipment which may be operated on an ultra-high-frequency
radio receiving set, or with a communication device tuned, fixed or
tunable to receive or transmit messages on any frequency used by the
Police Department, or have or use the same in any motor vehicle in
this City, unless such motor vehicle is used or owned by a Police
Officer, police agency or other person whose bona fide duty is to
execute, process, make arrests or aid in conserving public peace,
without first securing a permit to do so from the Chief of Police,
upon application made to him/her, upon such form as he/she may prescribe.
