[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 §33-291]
The driver of a vehicle shall not drive within any sidewalk
area except at a permanent or temporary driveway.
[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.
[RSMo. §300.347]
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.
[CC 1976 §33-296]
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.
[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 §33-191]
No vehicle shall at any time be driven through or within a safety
zone.
[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.
[Ord. No. 916 §1, 11-20-1964; CC 1976 §33-283]
No person shall operate a motor vehicle while in an intoxicated
condition or under the influence of drugs.
[RSMo. §577.001]
The following words when used in this Article, shall have the
meanings set out herein:
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]
Physically driving or operating or being in actual physical
control of a motor vehicle.
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]
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.
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]
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]
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. §577.017]
No person shall consume any alcoholic beverage while operating
a moving motor vehicle upon the highways, as defined in Section 301.010,
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.
