[1]
Editor's Note: Ord. No. 3359 renamed former Ch. 340, Miscellaneous Driving Rules.
[Ord. No. 814 §29, 8-2-1960; CC 1976 §33-284]
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 the fire apparatus has stopped in answer to a fire alarm.
[Ord. No. 814 §29, 8-2-1960; CC 1976 §33-285]
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.
[Ord. No. 814 §29, 8-2-1960; CC 1976 §33-286]
It shall be unlawful for the operator of any vehicle, except by direction of the Fire Chief or other authorized Officer of the Fire Department, to approach or park such vehicle within one (1) block of a fire at any time, or to park or leave such vehicle standing so as to interfere with the work of the Fire Department.
[Ord. No. 814 §24, 8-2-1960; CC 1976 §33-287]
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 Chapter. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or Police Officers.
[CC 1976 §33-289]
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.
[Ord. No. 814 §24, 8-2-1960; CC 1976 §33-288]
A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the Traffic Division.
[Ord. No. 814 §24, 8-2-1960; CC 1976 §33-290]
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.
[CC 1976 §33-292]
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.
[CC 1976 §33-293]
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.
[CC 1976 §33-294]
A. 
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator.
B. 
The operator of a motorized bicycle shall ride only astride the permanent and regular seat attached thereto, and shall not permit more than one (1) person to ride thereon at the same time, unless the motorized bicycle is designed to carry more than one (1) person. Any motorized bicycle designed to carry more than one (1) person must be equipped with a passenger seat and footrests for the use of a passenger.
A. 
No person shall operate an all-terrain vehicle, as defined in Section 300.020, upon the streets and highways of this City, except as follows:
1. 
All-terrain vehicles owned and operated by a Governmental entity for official use;
2. 
All-terrain vehicles operated for agricultural purposes or industrial on-premise purposes between the official sunrise and sunset on the day of operation;
3. 
All-terrain vehicles whose operators carry a special permit issued by this City pursuant to Section 304.013, RSMo.
B. 
No person shall operate an off-road vehicle, as defined in Section 304.001, RSMo., within any stream or river in this City, except that off-road vehicles may be operated within waterways which flow within the boundaries of land which an off-road vehicle operator owns, or for agricultural purposes within the boundaries of land which an off-road vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this State at such road crossings as are customary or part of the highway system. All Law Enforcement Officials or Peace Officers of this State and its political subdivisions shall enforce the provisions of this Subsection within the geographic area of their jurisdiction.
C. 
A person operating an all-terrain vehicle on a street or highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, but shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than thirty (30) miles per hour. When operated on a street or highway, and all-terrain vehicle shall have a bicycle safety flag, which extends not less than seven (7) feet above the ground, attached to the rear of the vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than thirty (30) square inches and shall be day-glow in color.
D. 
No person shall operate an all-terrain vehicle:
1. 
In any careless way so as to endanger the person or property of another;
2. 
While under the influence of alcohol or any controlled substance; or
3. 
Without a securely fastened safety helmet on the head of an individual who operates an all-terrain vehicle or who is being towed or otherwise propelled by an all-terrain vehicle, unless the individual is at least eighteen (18) years of age.
E. 
No operator of an all-terrain vehicle shall carry a passenger, except for agricultural purposes.
[Ord. No. 814 §34, 8-2-1960; CC 1976 §33-297]
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.
[CC 1976 §33-298]
It shall be unlawful for any person to drive any motor vehicle upon or across any sidewalk, driveway, filling station or other commercial driveway or other similar surface located at the corner of any intersection protected by a traffic light or other traffic signal or sign for the purpose of evading the regulations governing the turning of motor vehicles at intersections.
[CC 1976 §33-299]
No person shall drive, own or operate a vehicle, which, when driven, towed or hauled over the streets of the City, is so located or constructed as to cause delay, accident to or injury to other vehicles or users of the public streets of the City.
[Ord. No. 814 §32, 8-2-1960; CC 1976 §33-300]
No person shall drive an overloaded vehicle or one loaded in such a manner that any part of the load is likely to fall upon and litter any highway, street or alley in the City, or cause injury or grief to persons or damage to other vehicles, nor shall such person permit any part, portion or the whole of such load to fall upon and remain upon the highway, street or alley.
[Ord. No. 814 §37, 8-2-1960; CC 1976 §33-301]
All vehicles used in the transportation of the bodies of dead animals shall have a tank or metal lining in the bed thereof so that no drippings or seepage from dead bodies shall escape from such vehicle while engaged in such transportation. Such vehicle shall have a bed of such depth and type of construction and equipment so that any dead bodies therein are completely hidden from the view of persons using the highways, streets or alleys, and any public nuisance obviated while being transported.
[RSMo. §577.001]
The following words when used in this Article, shall have the meanings set out herein:
CONTROLLED SUBSTANCE
A drug, substance, or immediate precursor in Schedules I through V as defined in Chapter 195, RSMo., including marijuana.
[Ord. No. 3359, 2-7-2023]
DRIVE, DRIVING, OPERATES OR OPERATING
Physically driving or operating or being in actual physical control of a motor vehicle.
INTOXICATED or INTOXICATED CONDITION
A person is intoxicated or in an intoxicated condition when they are under the influence of alcohol, a controlled substance, or drug, or marijuana, or any combination thereof, or is otherwise "driving under the influence of alcohol or of a controlled substance" as defined in Section 302.700, RSMo.
[Ord. No. 3359, 2-7-2023]
LAW ENFORCEMENT OFFICER OR ARRESTING OFFICER
Includes the definition of law enforcement officer in subdivision (17) of Section 556.061, RSMo, and military policemen conducting traffic enforcement operations on a federal military installation under military jurisdiction in the state of Missouri.
MARIJUANA ACCESSORIES
Any equipment, product, material, or combination of equipment, products, or materials, specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or ingesting, inhaling or otherwise introducing marijuana into the human body.
[Ord. No. 3359, 2-7-2023]
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the marijuana plant and marijuana-infused products, but not industrial hemp as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
[Ord. No. 3359, 2-7-2023]
MARIJUANA-INFUSED PRODUCTS
Products that are infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused prerolls.
[Ord. No. 3359, 2-7-2023]
[RSMo. §577.012; Ord. No. 2257 §1, 11-6-2001]
A. 
A person commits the crime of "driving with excessive blood alcohol content" if he operates a motor vehicle in the City of Pacific with eight-hundredths of one percent (.08%) or more by weight of alcohol in his/her blood.
B. 
As used in this Section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood under this Section, the test shall be conducted in accordance with the provisions of Sections 577.020 to 577.041, RSMo.
[RSMo. §577.037; Ord. No. 2257 §1, 11-6-2001]
A. 
Upon the trial of any person for violation of any of the provisions of Section 340.200 or 340.220, or upon the trial of any criminal action or violations of county or municipal ordinances arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of Subdivision (5) of Section 491.060, RSMo, shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was eight-hundredths of one percent (.08%) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
B. 
Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood.
C. 
The foregoing provisions of this Section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.
D. 
A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection (A) of this Section, shall have been performed as provided in Sections 577.020 to 577.041, RSMo., and in accordance with methods and standards approved by the state department of health.
E. 
Any charge alleging a violation of Sections 340.200 or 340.220 or any ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva or urine performed in accordance with Sections 577.020 to 577.041, RSMo., and rules promulgated thereunder by the State Department of Health demonstrate that there was less than eight-hundredths of one percent (.08%) of alcohol in the defendant's blood unless one (1) or more of the following considerations cause the court to find a dismissal unwarranted:
1. 
There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;
2. 
There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or
3. 
There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.
[RSMo. §577.049]
A. 
Upon a plea of guilty or a finding of guilty for a first offense of violating the provisions of Section 340.200 or 340.220 or violations of county or municipal ordinances involving alcohol or drug related traffic offenses, the court may, as a condition for suspending any permissible portion of any sentence or in addition to imposition of any penalties provided by law, Section 557.011, RSMo, to the contrary notwithstanding, order the convicted person to participate in and successfully complete an alcohol or drug related traffic offender education or rehabilitation program which meets or exceeds minimum standards established by the department of public safety and the department of mental health. Such a program may be used as a condition for suspending any permissible portion of any sentence only one time.
B. 
The cost of the program shall be paid by the person attending the program.
C. 
The clerk of the court which orders any person to participate in an alcohol education or rehabilitative program shall send a record of the participation and completion of the program to the Missouri State Highway Patrol for inclusion in the Missouri uniform law enforcement systems records.
[Ord. No. 3359, 2-7-2023]
A. 
Marijuana shall not be consumed by any person operating or in physical control of any motor vehicle or other motorized form of transportation in the City. No person shall smoke marijuana within a motor vehicle or other motorized form of transportation while it is being operated within the City.
B. 
Marijuana-infused products shall not be consumed by any person operating or in physical control of any motor vehicle or other motorized form of transportation in the City.