[RSMo 300.300; Ord. No. 13 §1]
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.
[RSMo 300.305; Ord. No. 13 §1]
No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street, private driveway or streetcar track, to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.
[RSMo 300.310; Ord. No. 13 §1]
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.
[RSMo 300.315; Ord. No. 13 §1]
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.
[RSMo 300.320; Ord. No. 13 §1]
A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle or a pennant or other identifying insignia or by such other method as may be determined and designated by the Traffic Division.
[RSMo 300.325; Ord. No. 13 §1]
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.
[RSMo 300.330; Ord. No. 13 §1; Ord. No. 03-2009 §3, 1-12-2009]
The driver of a motor vehicle shall not drive within any sidewalk area except as 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.
[RSMo 300.335; Ord. No. 13 §1]
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.
[RSMo 300.340; Ord. No. 13 §1]
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.
[RSMo 300.345; Ord. No. 13 §1]
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 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 person to ride thereon at the same time, unless the motorized bicycle is designed to carry more than one person. Any motorized bicycle designed to carry more than one person must be equipped with a passenger seat and footrests for the use of a passenger.
[Ord. No. 07-2015 §§2 — 15, 3-2-2015[1]]
A. 
Riding Bicycle On Sidewalks, Limitations — Motorized Bicycles Prohibited.
1. 
No person shall ride a bicycle upon a sidewalk within a business district.
2. 
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.
3. 
No person shall ride a motorized bicycle upon a sidewalk.
B. 
Bicycle Lane Regulations. The driver of a motor vehicle shall not drive within any sidewalk except as 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 any 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.
C. 
Riding Bicycles, Sleds, Roller Skates, By Attaching To Another Vehicle, Prohibited. No person riding upon any bicycle, motorized bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
D. 
Overtake Bicycles At A Safe Distance.
1. 
The operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in Section 300.010, RSMo., shall leave a safe distance when passing the bicycle, and shall maintain clearance until safely past the overtaken bicycle.
2. 
Any person who violates the provisions of this Section is guilty of the violation of a municipal ordinance and shall be fined accordingly.
E. 
Red Light Violations.
1. 
Any person operating a motorcycle or bicycle who violates the provisions of this Section by entering or crossing an intersection controlled by a traffic control signal against a red light shall have an affirmative defense to that charge if the person establishes all of the following conditions:
a. 
The motorcycle or bicycle has been brought to a complete stop;
b. 
The traffic control signal continues to show a red light for an unreasonable time;
c. 
The traffic control is apparently malfunctioning or, if programmed or engineered to change to a green light only after detecting the approach of a motor vehicle, the signal has apparently failed to detect the arrival of a motorcycle; and
d. 
No motor vehicle or person is approaching on the street or highway to be crossed or entered or is so far away from the intersection that it does not constitute an immediate hazard.
2. 
The affirmative defense of this Section applies only to a violation for entering or crossing an intersection controlled by a traffic control signal against a red light and does not provide a defense to any other civil or criminal action.
F. 
Bicycle And Motorized Bicycle, Defined.
1. 
The word "bicycle" shall mean every vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, or two parallel wheels and one or two forward or rear wheels, all of which are more than fourteen (14) inches in diameter, except scooters and similar device.
2. 
The term "motorized bicycle" shall mean any two- or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty (50) cubic centimeters, which produces less than three (3) gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground. A motorized bicycle shall be considered a motor vehicle for purposes of any homeowners' or renters' insurance policy.
G. 
Brakes Required. Every bicycle and motorized bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle or motorized bicycle within twenty-five (25) feet from a speed of ten (10) miles per hour on dry, level, clean pavement.
H. 
Lights And Reflectors, When Required — Standards To Be Met. Every bicycle and motorized bicycle when in use on a street or highway during the period from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise shall be equipped with the following:
1. 
A front-facing lamp on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred (500) feet.
2. 
A rear-facing reflector at least two (2) square inches in reflective surface area, or a rear-facing red lamp, on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle headlights at six hundred (600) feet.
3. 
Reflective material and/or lights visible from the front and the rear on any moving part of the bicyclist's pedals, crank arms, shoes or lower leg visible from the front and the rear at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle drive under the lawful lower beams of vehicle headlights at two hundred (200) feet; and
4. 
Reflective material and/or lights visible on each side of the bicycle or bicyclist visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred (300) feet. The provisions of this Section shall not apply to motorized bicycles which comply with National Highway Traffic and Safety Administration regulations relating to reflectors on motorized bicycles.
I. 
Rights And Duties Of Bicycle And Motorized Bicycle Riders. Every person riding a bicycle or motorized bicycle upon a street or highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided by Chapter 304, RSMo., except as to special regulations in Sections 307.180 to 307.193, and except as to those provisions of Chapter 304, RSMo., which, by their nature, can have no application.
J. 
Riding To Right, Required For Bicycles And Motorized Bicycles. Every person operating a bicycle or motorized bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway shall ride as near to the right side of the roadway as safe, exercising due care when passing a standing vehicle or one proceeding in the same direction, except when making a left turn, when avoiding hazardous conditions, when the lane is too narrow to share with another vehicle or when on a one-way street. Bicyclists may ride abreast when not impeding other vehicles.
K. 
Shoulder Riding, Allowed But Not Required For Bicyclist Operators.
1. 
A person operating a bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway may operate as described in Section 307.190, RSMo., or may operate on the shoulder adjacent to the roadway.
2. 
A bicycle operated on a roadway, or the shoulder adjacent to a roadway, shall be operated in the same direction as vehicles are required to be driven upon the roadway.
3. 
For purposes of this Section, "roadway" means that portion of a street or highway ordinarily used for vehicular travel, exclusive of the berm or shoulder.
L. 
Bicyclists May Signal Right Turn With Right Arm. The operator of a bicycle shall signal as required in Section 304.019, RSMo., except that a signal by the hand and arm need not be given continuously if the hand is needed to control or operate the bicycle. An operator of a bicycle intending to turn the bicycle to the right shall signal as indicated in Section 304.019 RSMo., or by extending such operator's right arm in a horizontal position so that the same may be seen in front and in rear of the vehicle.
M. 
Penalty For Violation. Any person seventeen (17) years of age or older who violates any provision of this Section is guilty of an infraction, and upon conviction thereof, shall be punished by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). Such an infraction does not constitute a crime, and conviction shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. If any person under seventeen (17) years of age violates any provisions of this Section in the presence of a Peace Officer possessing the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of Counties or municipalities of the State, said Officer may impound the bicycle or motorized bicycle involved for a period not to exceed five (5) days upon issuance of a receipt to the child riding it or to its owner.
[1]
Editor's Note: Section 2 of this ordinance repealed former Sections 340.110, Riding Bicycle on Sidewalks, Limitations — Motorized Bicycles Prohibited, as adopted and amended by RSMo. §300.347; Ord. No. 13 §1; Ord. No. 06-001 §2, 4-24-2006; 340.112, Motorist Passing a Bicycle, as adopted and/or amended by Ord. No. 06-064 §1, 7-24-2006; 340.113, Riding a Bicycle on Roadway, as adopted and/or amended by Ord. No. 06-065 §1, 7-24-2006; 340.114, Hand Signals for Bicycle Riders, as adopted and/or amended by Ord. No. 06-066 §1, 7-24-2006; 340.120, Riding Bicycles, Sleds, Roller Skates, by Attaching to Another Vehicle, Prohibited, as adopted and amended by RSMo. §300.350; Ord. No. 13 §1; Ord. No. 03-2009 §3, 1-12-2009.
[Ord. No. 07-2015 §§2, 16 — 20, 3-2-2015]
A. 
Rights And Duties Of Bicycle And Motorized Bicycle Riders.
1. 
Every person riding a bicycle or motorized bicycle upon a street or highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided by Chapter 304, RSMo., except as to special regulations in Sections 307.180 to 307.193, and except as to those provisions of Chapter 304, RSMo., which, by their nature, can have no application.
2. 
Explanation: Motorists must treat bicycles with the same regard as they would any other vehicle; bicyclists have the same rights under traffic law as do other vehicles. And, on the other hand, bicycles must obey the same traffic laws in the same way as motor vehicles, with very, very limited exceptions.
B. 
Highest Degree Of Care.
1. 
Every person operating a motor vehicle on the roads and highways of this State 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.
2. 
Explanation: Motorists may not do anything, even something that otherwise appears to be legal, that endangers a bicyclist, pedestrian, or other motorist.
C. 
Overtaking Bicycles At A Safe Distance.
1. 
The operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in Section 300.010, RSMo., shall leave a safe distance when passing the bicycle and shall maintain clearance until safely past the overtaken bicycle.
2. 
Any person who violates the provisions of this Section is guilty of an infraction unless an accident is involved in which case it shall be a Class C misdemeanor which can be prosecuted in State Court or Municipal Court.
3. 
Explanation: When passing a bicycle, you must leave a safe distance when passing and not return to the right part of the road until safely past the bicyclist. Passing unsafely is a traffic offense punishable by driver license points, fines, and, if an accident results, even jail.
D. 
When Passing Is Allowed.
1. 
No vehicle shall at any time be driven to the left side of the roadway under the following conditions: 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. 
Explanation: Motorists often attempt to pass bicyclists as they are traveling around curves or approaching the crest of a hill. But squeezing dangerously past the bicyclist or pulling blindly into the oncoming lane are both illegal. So if the lane is wide enough to pass the bicyclist, leaving a safe distance between your vehicle and the bicyclist while remaining on the right half of the road, then you may pass. However, if safely overtaking the bicyclist requires you to pull onto the left side of the roadway, then the law requires you to wait behind the bicyclist until your view ahead is clear.
E. 
Opening And Closing Vehicle Doors. 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.
[Ord. No. 07-2015 §§2, 21 — 25, 3-2-2015]
A. 
Motorized Recreational Vehicles — Operator's Or Chauffeur's License Required — Operation On Interstate Highway Prohibited.
1. 
No person shall operate a motorized recreational vehicle on any highway, street, sidewalk or other City property within the City limits unless he has a valid operator's or chauffeur's license and is otherwise permitted to do so.
2. 
No motorized recreational vehicle may be operated on any public thoroughfare located within the City limits which has been designated as part of the Federal interstate highway system.
B. 
Equipment Required. No person shall operate a motorized recreational vehicle on any street or highway in the City unless it is equipped in accordance with the minimum requirements for construction and equipment of mopeds as promulgated by the Vehicle Equipment Safety Commission.
C. 
Parents And Guardians To Forbid Unlicensed Persons From Operating Motorized Recreational Vehicles. No person shall cause or knowingly permit his child or ward under the age of sixteen (16) years to drive a motor vehicle or motorized recreational vehicle upon any highway, street, sidewalk or other City property within the City limits when such minor is not authorized under this Code or in violation of any of the provisions of this Code.
D. 
Owners Of Motorized Recreational Vehicles To Forbid Unlicensed Persons From Operating Same. No person shall authorize or knowingly permit a motor vehicle or motorized recreational vehicle owned by him or under his control to be driven upon any highway, street, sidewalk or other City property within the City limits by any person who is not authorized under this Code or in violation of any of the provisions of this Code.
E. 
Motorized Play Vehicles Prohibited.
1. 
Motorized play vehicles, such as miniature motorcycles, also known as "pocket bikes" and go-carts are traditionally designed for use on closed courses and come in many styles, including those that produce a speed in excess of five (5) miles per hour that is self-propelled. This Section excludes motorized wheelchairs operated by handicapped persons and golf carts that are operated by licensed drivers.
2. 
No person shall ride on or operate a motorized play vehicle, miniature motorcycle or pocket bike upon any street, highway, roadway, sidewalk, interstate highway, City park or City property.
[RSMo 300.355; Ord. No. 13 §1]
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.
[RSMo 300.360; Ord. No. 13 §1]
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.
[Ord. No. 23 §§1 — 2; Ord. No. 11-2014 §1, 1-13-2014]
All motor vehicles, and every trailer and semitrailer operating upon the public roads or highways 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.
[Ord. No. 223 §§1 — 2;]
A. 
It shall be illegal for any person to park a vehicle in a space reserved and marked as reserved for handicapped parking unless the person shall meet one of the following requirements:
1. 
A State of Missouri or other State handicapped license plates, or
2. 
A Veteran's Administration handicapped license plate, or
3. 
A handicapped parking sticker from another legitimate source, or
4. 
If the driver of the vehicle is obviously physically handicapped.
B. 
Any person who shall park a vehicle without a permit as required by Section A herein shall be in violation of this Section and shall be subject to prosecution and upon conviction shall be subject to the penalties set forth in the Municipal Code.
[Ord. No. 57 §1; Ord. No. 189 §3; Ord. No. 04-2020, 1-6-2020]
A. 
Every person operating a motor vehicle on the public highways, streets, roads, and alleys of the City shall operate or drive same in a careful and prudent manner and in the exercise of the highest degree of care and at a rate of speed so as not to endanger the property of another or the life or limb of any person, taking into consideration the time of day, the amount of vehicular and pedestrian traffic, the condition of the street or highway, the atmospheric conditions, and the location with reference to intersecting streets or highways, curves, residences or schools.
B. 
Upon conviction of a violation of this Section, the defendant shall be guilty of a misdemeanor and shall be fined not more than the amount listed in the Herculaneum Municipal Division Violations Bureau Fine Schedule or be punished by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment.
[Ord. No. 116 §§1 — 3; Ord. 189 §8; Ord. No. 01-019 §1, 8-27-2001; Ord. No. 27-2010 §§1 — 2, 9-13-2010; Ord. No. 06-2014 §§1 — 2, 1-13-2014; Ord. No. 39-2016 §1, 9-19-2016; Ord. No. 10-2019, 4-1-2019; Ord. No. 27-2023, 6-20-2023]
A. 
A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.
B. 
The term "operate" means physically driving or operating a motor vehicle.
C. 
A person is "intoxicated" or in an "intoxicated condition" when a person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof, including marijuana.
D. 
Any case involving a person that has been convicted, found guilty, or pled guilty to two (2) or more previous intoxication-related traffic offenses as defined in Section 577.023, RSMo., or has had two (2) or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo., shall be referred to the Circuit Court of Jefferson County in accordance with Section 479.170, RSMo.
[Ord. No. 28-2010 §1, 9-13-2010]
A. 
The Municipal Judge and Prosecuting Attorney shall cause to be prepared certain criminal arrest, charge, and disposition of intoxication-related traffic offense information to the Missouri State Highway Patrol's central repository for filing without undue delay in the form and manner required by Sections 43.500 to 43.543, RSMo.
B. 
The Municipal Judge and Prosecuting Attorney shall cause to be prepared a report of dispositions of intoxication-related traffic offenses every six (6) months. The report shall include, but shall not be limited to, the total number and disposition of every intoxication-related traffic offense adjudicated, dismissed or pending in its Municipal Court Division. The report shall be submitted to the Jefferson County Circuit Court en banc. The report shall include the six (6) month period beginning January first (1st) and ending June thirtieth (30th) and the six (6) month period beginning July first (1st) and ending December thirty-first (31st) of each year. The report shall be submitted to the Jefferson County Circuit Court en banc no later than sixty (60) days following the end of the reporting period.
[Ord. No. 10-2014 §1, 1-13-2014]
A. 
It is unlawful for any person whose driving privilege is restricted pursuant to the provisions of this Chapter or Chapter 302, RSMo.,to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
B. 
It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to the provisions of this Chapter or Chapter 302, RSMo.
C. 
It is unlawful to tamper with, or circumvent the operation of, an ignition interlock device.
[Ord. No. 60 §1; Ord. No. 189 §3; Ord. No. 04-2020, 1-6-2020]
Muffler cut outs shall not be used and no vehicle shall be driven in such manner or condition that excessive or unnecessary noises shall be made by its machinery, motor, signaling device, exhaust, 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 exhaust noise possible. Any cut out 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. All straight pipes or any attachments to the exhaust system of any motor vehicle which is designed to create a loud or unnecessary noise is expressly prohibited on any vehicle operated within the City. The violation of this Section, upon conviction, shall be a misdemeanor, and shall be punishable by a fine not to exceed the amount listed in the Herculaneum Municipal Division Violations Bureau Fine Schedule or by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment.
[Ord. No. 60 §3; Ord. No. 189 §3; Ord. No. 04-2014 §1, 1-13-2014]
A. 
The driver of a motor vehicle upon a street or two-lane highway within the City, upon meeting or overtaking from either direction any school bus which has stopped on such street or highway for the purpose of receiving or discharging any passenger and whose driver has in the manner prescribed by law given the signal to stop, shall stop such motor 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. 
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, or which is proceeding in the opposite direction on a highway containing four 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.
C. 
If any vehicle is witnessed by a Peace Officer or the driver of a school bus to have violated the provisions of this Section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed the violation. In the event that charges are filed against multiple owners of a motor vehicle, only one (1) of the owners may be convicted, and court costs may be assessed against only one (1) of the owners. If the vehicle which is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the presumption by providing the Peace Officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation.
[Ord. No. 342 §§1 — 3; Ord. No. 05-2014 §1, 1-13-2014]
A. 
As used in this Section, the following terms shall mean:
CHILD BOOSTER SEAT
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.
CHILD PASSENGER RESTRAINT 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.
DRIVER
A person who is in actual physical control of a motor vehicle.
B. 
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 State, for providing for the protection of such child as follows:
1. 
Children less than four (4) years of age, regardless of weight, shall be secured in a child passenger restraint system appropriate for that child;
2. 
Children weighing less than forty (40) pounds, regardless of age, shall be secured in a child passenger restraint system appropriate for that child;
3. 
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;
4. 
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.
5. 
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.
6. 
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 front seat area. The driver transporting children referred to in this Subsection is not in violation of this Section. 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), (2) or (3) of this Section is guilty of an infraction and, upon conviction, may be punished by a fine of not more than the amount listed in the Herculaneum Municipal Division Violations Bureau Fine Schedule. Any driver who violates Subsection (B)(4) of this Section shall be subject to the penalty in Section 307.178(5), RSMo. If a driver receives a citation for violating Subsection (B)(1), (2) or (3) of this Section, the charges shall be dismissed or withdrawn if the driver prior to or at his or 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.
[Ord. No. 04-2020, 1-6-2020]
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.
[Ord. No. 60 §3; Ord. No. 189 §3; Ord. No. 04-2020, 1-6-2020]
All motor vehicles operated on the streets and highways within the City shall be licensed as required by Chapter 301 of the Revised Statutes of the State of Missouri and shall display such license plates in the manner prescribed by law. A violation of this Section, upon conviction, shall be a misdemeanor, and shall be punishable by a fine not more than the amount listed in the Herculaneum Municipal Division Violations Bureau Fine Schedule or by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment.
[Ord. No. 367 §§1 — 4; Ord. No. 03-2009 §3, 1-12-2009; Ord. No. 42-2024, 12-16-2024; Ord. No. 05-2025, 4-21-2025]
A. 
Utility Vehicles.
1. 
Definition. Any motorized vehicle manufactured and used exclusively for off-highway use which is more than fifty (50) inches, but no more than sixty-seven (67) inches in width, with an unladen dry weight of two thousand five hundred (2,500) pounds or less, traveling on four (4) or six (6) wheels, to be used primarily for landscaping, lawn care, or maintenance purposes.
2. 
Requirements For Operating A Utility Vehicle Within The City.
a. 
The utility vehicle shall be currently registered and licensed pursuant to City ordinances.
b. 
Any individual operating a utility vehicle shall have a valid operator's or chauffeur's license, but is not required to pass an examination for the operation of a motorcycle.
c. 
The utility vehicle shall be operated at a speed of less than thirty (30) miles per hour; and shall obey speed zones that may be less than thirty (30) miles per hour. No person shall operate a utility vehicle in excess of the posted speed limit.
d. 
All utility vehicles operated within City limits must have brakes in good working order, reliable steering, safe tires, a functioning muffler and a United States Forest Service qualified spark arrester.
e. 
The utility vehicle shall be properly insured and such proof of insurance shall be kept with the vehicle at all times. Such insurance shall specifically list the utility vehicle as referenced by the serial number and year of model.
3. 
No individual operating a utility vehicle shall:
a. 
Operate the utility vehicle in any careless or imprudent manner so as to endanger any person or property of any person.
b. 
Operate the utility vehicle while under the influence of alcohol or controlled substance.
c. 
Operate a utility vehicle between the hours of official sunset and sunrise unless the utility vehicle is properly equipped with headlights, tail lights, brake lights and turn signals.
d. 
Operate a utility vehicle carrying a passenger unless that utility vehicle is designed to carry more than one (1) person and is equipped with a safety belt for each rider.
e. 
Operate any utility vehicles on the sidewalks of the City.
B. 
Golf Carts.
1. 
Definition. A golf cart which may be operated on the streets, roads and alleyways of the City shall be classified as a low-speed vehicle.
a. 
The following must appear on the manufactured statement of origin (MSO):
(1) 
The body type must be specified as a low-speed vehicle (LSV).
(2) 
There must be a statement indicating that the LSV meets or exceeds the minimal Federal safety requirements.
b. 
All golf carts classified as low-speed vehicles shall be manufactured in compliance with the National Highway Traffic Safety Administration standards for low-speed vehicles. Golf carts operated on City streets shall conform to safety standards as outlined in 49 C.F.R. 571.500.
2. 
Requirements For Operating Golf Carts On City Streets, Roads Or Alleyways Within The City.
a. 
The golf cart shall be currently registered and licensed pursuant to City ordinances.
b. 
Any individual operating a golf cart shall have a valid operator's or chauffeur's license, but is not required to pass an examination for the operation of a motorcycle. However, minor's shall be allowed to operate a golf cart when a licensed driver is a passenger of that golf cart.
c. 
The golf cart shall be properly insured and such proof of insurance shall specifically list the vehicle as referenced by the serial number and year of model.
d. 
The golf cart shall be operated at a speed of less than thirty (30) miles per hour.
e. 
The golf cart shall be properly insured and such proof of insurance shall be kept with the vehicle at all times. Such insurance shall specifically list the golf cart as referenced by the serial number and year of model.
3. 
No individual operating a golf cart shall:
a. 
Operate the golf cart in any careless or imprudent manner so as to endanger any person or property of any person.
b. 
Operate the golf cart while under the influence of alcohol or controlled substance.
c. 
Operate the golf cart between the hours of official sunset and sunrise, unless the golf cart is properly equipped with headlights, tail lights, brake lights and turn signals.
d. 
Operate the golf cart on any Federal, State or County highways, except to cross.
e. 
No golf cart shall cross any Federal or State highway at an intersection where the highway being crossed has a posted speed limit of more than forty-five (45) miles per hour.
f. 
Operate any golf cart on the sidewalks of the City.
C. 
All-Terrain Vehicles.
1. 
Definition. Any motorized vehicle manufactured and used exclusively for off-highway use which is fifty (50) inches or less in width, with an unladen dry weight of one thousand five hundred (1,500) pounds or less, traveling on three (3) or four (4) or more non-highway tires with a seat designated to be saddled by the operator and handlebars for steering control.
2. 
Requirements For Operating An All-Terrain Vehicle On City Streets, Roads Or Alleyways Within The City.
a. 
The all-terrain vehicle shall be currently registered and licensed pursuant to City ordinances.
b. 
Any individual operating an all-terrain vehicle shall have a valid operator's or chauffeur's license, but is not required to pass an examination for the operation of a motorcycle.
c. 
The all-terrain vehicle shall be operated at a speed of less than thirty (30) miles per hour; and shall obey speed zones that may be less than thirty (30) miles per hour. No person shall operate an all-terrain vehicle in excess of the posted speed limit.
d. 
All-terrain vehicles operated within City limits must have brakes in good working order, reliable steering, safe tires, a functioning muffler and a United States Forest Service qualified spark arrester.
e. 
The all-terrain vehicle shall be properly insured and such proof of insurance shall be kept with the vehicle at all times. Such insurance shall specifically list the all-terrain vehicle as referenced by the serial number and year of model.
3. 
No individual operating an all-terrain vehicle shall:
a. 
Operate the all-terrain vehicle in any careless or imprudent manner so as to endanger any person or property of any person.
b. 
Operate the all-terrain vehicle while under the influence of alcohol or controlled substance.
c. 
Operate an all-terrain vehicle between the hours of official sunset and sunrise unless the all-terrain vehicle is properly equipped with headlights, tail lights, brake lights and turn signals.
d. 
Operate an all-terrain vehicle carrying a passenger unless that all-terrain vehicle is designed to carry more than one (1) person and is equipped with a safety belt for each rider.
e. 
Carry a passenger except for agricultural purposes.
f. 
Operate any all-terrain vehicles on the sidewalks of the City.
D. 
Permits. All utility vehicles, golf carts and all-terrain vehicles operated on the City streets, alleys or public roads shall be required to obtain a permit from the City of Herculaneum.
1. 
Each application for a permit pursuant to this Section shall include the following:
a. 
Identifying information for the utility vehicle, including the make, model, color and vehicle identification number.
b. 
The name and address of each owner of the utility vehicle.
c. 
A copy of proof of financial responsibility such as a Certificate of Insurance consistent with the requirements of Chapter 303, RSMo.
2. 
A proof of registration issued by the City in the form of a receipt for registration, or permit issued by the City, shall constitute all permits required from the City. The proof of registration shall be kept in the utility vehicle, golf cart or all-terrain vehicle at all times of operation.
3. 
The City shall charge a one-time registration fee for each utility vehicle, golf cart or all-terrain vehicle which shall remain valid unless and until ownership of the vehicle is transferred by the person who obtains the permit, and the fee shall be as follows:
a. 
Fifteen dollars ($15.00) for each one-year utility vehicle, golf cart or all-terrain vehicle permit;
b. 
Ten dollars ($10.00) as an initial processing fee for each utility vehicle, golf cart or all-terrain vehicle registration.
4. 
The registrations are vehicle specific, although there may be additional vehicles registered within the same household. Utility vehicle, golf cart or all-terrain vehicle registration and permits are non-transferable.
5. 
All utility vehicle, golf cart or all-terrain vehicles must meet the following requirements and the registrant must sign and certify that such requirements have been met and that the utility vehicle, golf cart or all-terrain vehicle is fully functional and operational:
a. 
The brakes are operational.
b. 
The parking brake (if equipped) is operational.
c. 
The steering column is operational.
d. 
The utility vehicle or golf cart has not less than four (4) wheels.
e. 
There is not less than two-thirty-seconds (2/32) inch of tread depth remaining on each tire, there are no visible tire threads or cords showing and there is no visible rubber separation.
[Ord. No. 03-2009 §3, 1-12-2009]
Special permits for all-terrain vehicle operation shall be issued only to licensed drivers for special uses on the streets within the City limits. A fee of fifteen dollars ($15.00) shall be collected and retained by the City for such permit.
[Ord. No. 09-2009 §1, 3-23-2009]
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, motortricycles and trucks which are eighteen thousand (18,000) pounds or over.
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 City shall wear a properly adjusted and fastened safety belt that meets federal National Highway, Transportation and Safety Act requirements. A person may be stopped, inspected or detained solely to determine compliance with this Subsection. The provisions of this Section shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about his or her body.
C. 
Each person who violates the provisions of this Section shall be guilty of an infraction for which a fine not more than the amount listed in the Herculaneum Municipal Division Violations Bureau Fine Schedule. All other provisions of law and court rules to the contrary notwithstanding, no court costs may be imposed if court costs have been assessed on any other charge arising out of the same occurrence.
[Ord. No. 04-2020, 1-6-2020]
[Ord. No. 98-004 §§1 — 2, 4-13-1998]
A. 
No person who is operating a pickup truck with a licensed gross weight of less than twelve thousand (12,000) pounds shall permit any person under the age of eighteen (18) to ride in the unenclosed bed of such truck, unless they fall within the exemptions set forth in Subsection (B) hereafter.
B. 
The following instances shall be exempt from the provisions of Subsection (A) of this Section:
1. 
Employees whose job duties require riding in bed of pickup;
2. 
Agricultural activities;
3. 
Parades, caravans, exhibitions lawfully authorized;
4. 
If the truck has a means to prevent the person from being discharged or person is secured in;
5. 
Special events, social activities of defined duration;
6. 
If truck is being used to provide assistance to people in recreational activity; and
7. 
Family members if there is not sufficient room in the cab and the truck is the family's only legally titled, licensed and insured vehicle.
[Ord. No. 01-020 §1, 8-27-2001]
A. 
A "construction zone", as used in this Section, shall be any area within the City limits upon or around any public thoroughfare for vehicles, including State roads, public streets, County roads, avenues, boulevards, parkways or alleys, which is visibly marked by the Department of Transportation, the City or a contractor performing work for the Department of Transportation or the City as an area of construction, maintenance or other work is temporarily occurring.
B. 
No person shall commit in a construction zone the following offenses as set forth in the Municipal Code of the City of Herculaneum:
1. 
A stop sign violation under Section 335.040.
2. 
Careless and imprudent driving under Section 340.180.
3. 
Driving while intoxicated or blood alcohol content under Section 340.190.
4. 
Driving while suspended or revoked under Section 300.060.
5. 
Leaving the scene of an accident under Section 310.080.
6. 
Operating without a valid license under Section 300.050.
7. 
Failure to maintain financial responsibility under Section 300.120.
8. 
Any other moving violation as set forth in the Municipal Code of the City of Herculaneum.
C. 
Upon conviction or a plea of guilty, the Court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized to be imposed by the Municipal Code of the City of Herculaneum except that anyone assessed a two hundred fifty dollar ($250.00) fine under Section 320.040 of the Municipal Code of the City of Herculaneum may not also be assessed an additional thirty-five dollar ($35.00) fine under this Section.
[Ord. No. 03-001 §1, 1-27-2003; Ord. No. 04-024 §1, 10-11-2004]
A. 
No person shall operate an all-terrain vehicle, as defined in Section 340.240 of the ordinances of the City, upon the streets and highways of the City, except as follows:
1. 
All-terrain vehicles owned and operated by governmental entity for official use;
2. 
All-terrain vehicles operated for agricultural purposes or industrial on-premise purposes between the official sunrise and sunset of the day of operation;
3. 
All-terrain vehicles whose operators carry a special permit issued by the City pursuant to Section 304.013, RSMo. (2000). As provided in Section 304.013.1.(4), RSMo., the City Clerk shall prepare an application form for said special permit and shall charge a fee of fifteen dollars ($15.00) for each permit. Said applicant must be a resident of the City of Herculaneum and have a valid Missouri operator or chauffeur's license.
B. 
No person shall operate an off-road vehicle, as defined in Section 304.001, RSMo. (2000), within any streams 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 crossing 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.
D. 
A person operating an all-terrain vehicle pursuant to an exception covered in this Section shall exhibit a valid insurance identification card displaying current liability insurance coverage for said all-terrain vehicle on demand of any Police Officer of the City who lawfully stops such operator while that officer is engaged in the performance of the duties of his office. The insurance identification card shall be that card that is required under Section 303.024, RSMo. (2000).
E. 
No person shall operate an all-terrain vehicle:
1. 
In a careless way so as to endanger the person or property of another;
2. 
While under the influence of alcohol or any controlled substance;
3. 
Without a securely fastened safety helmet on the head of an individual who operates an all-terrain vehicle or is being towed or otherwise propelled by an all-terrain vehicle, unless the individual is at least eighteen (18) years of age;
4. 
Without its brakes in good working order and equipped with muffler and a United States Forest Service qualified spark arrestor; or
5. 
Without a lighted headlamp and taillamp in operation at all times.
F. 
No operator of an all-terrain vehicle shall carry a passenger, except for agricultural purposes.
G. 
Violation of this Section shall be a violation of the ordinances of the City of Herculaneum.
H. 
This Section shall not apply to those all-terrain vehicles which have been modified and licensed by the State of Missouri for street use.
[Ord. No. 25-2014 §§1 — 2, 3-24-2014]
A. 
No person shall operate any motor vehicle upon any street when the vehicle is so loaded with passengers or property as to obstruct or interfere with the driver's view or control of such vehicle, and it shall be unlawful for any passenger to obstruct the view of or to interfere with the driver in control of such vehicle within the City of Herculaneum.
B. 
No person shall operate any motor vehicle when his/her view ahead, to the rear or to either side is obstructed by dirt, defective glass, stickers, fog, moisture, frost, snow or any other item whatsoever, or by rain or snow because of the lack of an adequate operable windshield wiper or the failure to have such wiper in operation.
[Ord. No. 002-2007 §1, 2-12-2007]
No person shall drive, move, park or be in custody of any vehicle or combination of vehicles on any street or highway at any time the weather conditions require usage of the motor vehicle's windshield wipers unless such vehicle or combination of vehicles displays lighted lamps or illuminating devices which comply with all Federal and State guidelines.
[Ord. No. 246-92, §§I — II, 10-7-1992; Ord. No. 06-2009, 3-9-2009]
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 of governing such movement; or
2. 
When placing a vehicle in position for and when such vehicle is lawfully making a left turn in compliance with the rules governing such movement; or
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 semicircular or turn on any such divided highway, except at an intersection or interchange or at any signed location designated by the State Highways and Transportation Commission or the Department of Transportation. The provisions of this Subsection shall not apply to emergency vehicles, law enforcement vehicles or to vehicles owned by the Commission or the Department.
C. 
Any person found guilty of violating the provisions of this Section shall be subject to a fine not more than the amount listed in the Herculaneum Municipal Division Violations Bureau Fine Schedule or a jail sentence not to exceed ninety (90) days, or both such fine and term of imprisonment.
[Ord. No. 04-2020, 1-6-2020]
[Ord. No. 13-2008 §1, 2-11-2008]
A. 
The driver of any vehicle weighing in excess of twenty-five thousand (25,000) pounds gross weight, when traveling upon a public street or highway within this City, shall not follow within one hundred (100) feet of another such vehicle.
B. 
The provisions of this Section shall not be construed to prevent the overtaking and passing by any such truck of another vehicle where the passing of same is not a violation of the laws of the State of Missouri or the ordinances of the City of Herculaneum.
[Ord. No. 03-2009 §3, 1-12-2009]
The driver of a vehicle shall not follow another vehicle more closely than is reasonably safe and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the roadway. Vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated, except in a funeral procession or in a duly authorized parade, so as to allow sufficient space between each such vehicle or combination of vehicles as to enable any other vehicle to overtake or pass such vehicles safely.
[Ord. No. 03-2009 §3, 1-12-2009]
A. 
Any person may operate a motor vehicle with front side wing 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%).
B. 
Except as provided in Subsection (E) of this Section, any sun-screening device applied to front side wing vents or windows located immediately to the left and right of the driver in excess of the requirement of this Section shall be prohibited without a permit pursuant to a physician's prescription.
C. 
Except as provided in Subsection (D) of this Section, all sun-screening devices applied to the windshield of a motor vehicle are prohibited.
D. 
This Section shall not prohibit labels, stickers, decalcomania or informational signs on motor vehicle 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 or motor vehicle safety glass.
E. 
Any vehicle licensed with a historical license plate shall be exempt from the requirements of this Section.
[Ord. No. 03-2009 §3, 1-12-2009]
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 (1) direction only or parking of motor vehicle 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 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 Sections 304.014 to 304.026, RSMo., or traffic regulations hereunder or of the ordinances of the City of Herculaneum;
3. 
When the right 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 (2) or more roadways by means of a physical barrier or by means of a dividing section or delineated by curbs, lines or other markings on the roadway, except to the right of such barrier or dividing section or to make any left turn or semi-circular or U-turn on any such divided highway, except at an intersection or interchange or at any signed location designated by the State Highways and Transportation Commission or the Department of Transportation. The provisions of this Subsection shall not apply to emergency vehicles, law enforcement vehicles or to vehicles owned by the Commission or the Department.
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 centerline 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 (3) 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 safely;
2. 
Upon a roadway which is divided into three (3) lanes, a vehicle shall not be driven in the center lane, except in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation;
3. 
Upon all highways any vehicle proceeding at less than the normal speed of traffic thereon shall be driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, except as otherwise provided in Sections 304.014 to 304.026, RSMo.;
4. 
Official signs may be erected by the Highways and Transportation Commission or the Highway Patrol may place temporary signs directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign;
5. 
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and except when a roadway has been divided into traffic lanes, each driver shall give to the other at least one-half (½) of the main traveled portion of the roadway whenever possible.
F. 
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.
[Ord. No. 41-2023, 9-18-2023]
A. 
As used in this Section, the following terms shall mean:
COMMERCIAL MOTOR VEHICLE
Has the same meaning as is ascribed to such term in Section 302.700, RSMo.
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.
NON-COMMERCIAL MOTOR VEHICLE
Has the same meaning as is ascribed to such term in Section 302.700, 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 (B)(2) 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. 
Violations And Penalties.
1. 
Except as otherwise provided in this Subsection (E), violation of this Section shall be an infraction. Penalties for violations of this Section shall be as provided in this Subsection (E). Prior convictions shall be pleaded and proven in the same manner as required under Section 558.021, RSMo.
2. 
For a conviction under this Section where there is no prior conviction under this Section within the preceding twenty-four (24) months, the court shall impose a fine of up to one hundred fifty dollars ($150.00).
3. 
For a conviction under this Section where there is one (1) prior conviction under this Section within the preceding twenty-four (24) months, the court shall impose a fine of up to two hundred fifty dollars ($250.00).
4. 
For a conviction under this Section where there are two (2) or more prior convictions under this Section in the preceding twenty-four (24) months, the court shall impose a fine of up to five hundred dollars ($500.00).
5. 
For a conviction under this Section where the violation occurred in a work zone when workers are present, as such terms are defined in Section 304.580, RSMo., or for a conviction under this Section where the violation occurred in an area designated as a school zone and marked in any way that would alert a reasonably prudent operator to the presence of the school zone, the court shall impose a fine of up to five hundred dollars ($500.00).
6. 
The following shall be referred to the County Prosecutor: a violation of this Section that is the proximate cause of:
a. 
Damage to property in excess of five thousand dollars ($5,000.00); or
b. 
Serious physical injury to another person; or
c. 
The death of another person.
7. 
A violation of this Section while operating a commercial motor vehicle shall be deemed a serious traffic violation, as such term is defined in Section 302.700, RSMo., for purposes of commercial driver's license disqualification under Section 302.755, RSMo.
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. 
The State preempts the field of regulating the use of electronic communication devices by the operators of commercial and non-commercial motor vehicles. The provisions of Section 340.822, RSMo., shall supersede this Section.
J. 
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.
K. 
No person shall be stopped, inspected, or detained solely for a violation of this Section.