[R.O. 2011 §326.010; Ord. No. 07-2007, 7-16-2007]
[R.O. 2011 §326.020; Ord. No. 07-2007, 7-16-2007]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any area upon or around any highway as defined in Section
302.010, RSMo., which is visibly marked by the Department of Transportation
or a contractor or subcontractor performing work for the Department
of Transportation as an area where construction, maintenance, incident
removal, or other work is temporarily occurring. "Work zone" or "construction zone" also includes the lanes
of highway leading up to the area upon which an activity described
in this definition is being performed, beginning at the point where
appropriate signs or traffic control devices are posted or placed.
Any person that is working in a construction zone or work
zone, or any employee of the Department of Transportation that is
performing duties under the Department's Motorist Assist Program on
a State Highway or the right-of-way of a State Highway.
[R.O. 2011 §326.030; Ord. No. 07-2007, 7-16-2007]
A.
Upon
the first (1st) conviction or plea of guilty by any person for a moving
violation as defined in Section 302.010, RSMo., or any offense listed
in Section 302.302, RSMo., the court shall assess a fine of thirty-five
dollars ($35.00) in addition to any other fine authorized to be imposed
by law, if the offense occurred within a construction zone or a work
zone. Upon a second (2nd) or subsequent such conviction or plea of
guilty, the court shall assess a fine of seventy-five dollars ($75.00)
in addition to any other fine authorized to be imposed by law.
B.
Upon the first (1st) conviction or plea of guilty by any person for a speeding violation under either Section 304.009 or 304.010, RSMo., or a passing violation under Subsection (D) of this Section, the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law if the offense occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any highway worker in such zone. Upon a second (2nd) or subsequent such conviction or plea of guilty, the court shall assess a fine of three hundred dollars ($300.00) in addition to any other fine authorized by law. However, no person assessed an additional fine under this Subsection shall also be assessed an additional fine under Subsection (A) of this Section, and no person shall be assessed an additional fine under this Subsection if no signs have been posted under Subsection (C) of this Section.
C.
The penalty authorized by Subsection (B) of this Section shall only be assessed by the court if the Department of Transportation or a contractor or subcontractor performing work for the Department of Transportation has erected signs upon or around a construction zone or work zone which are clearly visible from the highway and which state substantially the following message: "Warning: Minimum $250 fine for speeding or passing in this work zone when workers are present.".
D.
The
driver of a motor vehicle may not overtake or pass another motor vehicle
within a work zone or construction zone as provided in this Subsection.
Violation of this Subsection is a class C misdemeanor.
1.
This Subsection applies to a construction zone or work zone located
upon a highway divided into two (2) or more marked lanes for traffic
moving in the same direction and for which motor vehicles are instructed
to merge from one lane into another lane and not pass by appropriate
signs or traffic control devices erected by the Department of Transportation
or a contractor or subcontractor performing work for the Department
of Transportation.
2.
This Subsection also prohibits the operator of a motor vehicle from
passing or attempting to pass another motor vehicle in a work zone
or construction zone located upon a two (2) lane highway when highway
workers or equipment are working and when appropriate signs or traffic
control devices have been erected by the Department of Transportation
or a contractor or subcontractor performing work for the Department
of Transportation.
E.
The
additional fines imposed by this Section shall not be construed to
enhance the assessment of court costs or the assessment of points
under Section 302.302, RSMo.
