[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.
[RSMo 300.365; Ord. No.
13 §1]
No vehicle shall at any time be driven through or within a safety
zone.
[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:
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. 24-2013 §1, 8-12-2013; Ord. No. 10-2019, 4-1-2019; Ord. No. 27-2023, 6-20-2023]
No person shall consume any alcoholic beverage or marijuana
while operating a motor vehicle within the City of Herculaneum.
[Ord. No. 05-009 §1, 3-14-2005]
The City hereby incorporates by reference, as if fully set forth
herein, the provisions of Section 577.500, RSMo., and makes the same
applicable to the City of Herculaneum. A copy of Section 577.500,
RSMo., is on file in the City offices and incorporated herein by reference.
[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.
CHILD BOOSTER SEAT
CHILD PASSENGER RESTRAINT SYSTEM
DRIVER
As used in this Section, the following terms shall mean:
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 571.213, as amended, that is designed
to elevate a child to properly sit in a Federally approved safety
belt system.
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 571.213, as amended, and which is either
permanently affixed to a motor vehicle or is affixed to such vehicle
by a safety belt or a universal attachment system.
A person who is in actual physical control of a motor vehicle.
B.
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]
A.
No person shall operate an all-terrain vehicle, as defined in Section 300.020 of the City Code, 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-premises purposes between the official sunrise and sunset on the
day of operation;
3.
All-terrain vehicles whose operators carry a special permit issued
by the City pursuant to the Revised Statutes of the State of Missouri
and these ordinances.
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 license issued
by a State authorizing such person to operate a motor vehicle, 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,
an 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 dayglow 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.
F.
Under
no circumstances shall any person operate any all-terrain vehicles
upon the sidewalks of the City of Herculaneum.
G.
A violation
of this Section shall be a Class C misdemeanor.
[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:
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.
COMMERCIAL MOTOR VEHICLE
ELECTRONIC COMMUNICATION DEVICE
1.
2.
HIGHWAY
NON-COMMERCIAL MOTOR VEHICLE
OPERATING
OPERATOR
SCHOOL BUS
VOICE-OPERATED OR HANDS-FREE FEATURE OR FUNCTION
As used in this Section, the following
terms shall mean:
Has the same meaning as is ascribed to such term in Section
302.700, RSMo.
A portable device that is used to initiate, receive, store,
or view communication, information, images, or data electronically.
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.
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.
Has the same meaning as is ascribed to such term in Section
302.010, RSMo.
Has the same meaning as is ascribed to such term in Section
302.700, RSMo.
The actual physical control of a vehicle.
A person who is in actual physical control.
Has the same meaning as is ascribed to such term in Section
302.700, RSMo.
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.
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).
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.
