[R.O. 2010 §311.010; Ord. No. 513, 11-26-2007]
As used in this Chapter, the term "construction zone" or "work zone" means any area upon or around any
highway as defined in Section 302.010, RSMo., which is visibly marked
by the Department of Transportation, City public works or a contractor
or subcontractor performing work for the Department of Transportation
or City public works as an area where construction, maintenance, incident
removal or other work is temporarily occurring. The term "work
zone" or "construction zone" also includes
the lanes of highway leading up to the area upon which an activity
described in this Section is being performed, beginning at the point
where appropriate signs or traffic control devices are posted or placed.
The terms "worker" or "highway worker", as used in this Section, shall mean any person that is working
in a construction zone or work zone or any employee of the Department
of Transportation or City public works.
[R.O. 2010 §311.020; Ord. No. 513, 11-26-2007]
A.
A person
shall be deemed to commit the offense of "endangerment of a highway
worker" upon conviction for any of the following when the offense
occurs within a construction zone or work zone as defined in Section
304.580, RSMo.
1.
Exceeding the posted speed limit by fifteen (15) miles per hour or
more;
2.
Passing in violation of Subsection (4) of Section 304.582, RSMo.;
3.
Failure to stop for a work zone flagman or failure to obey traffic
control devices erected in the construction zone or work zone for
purposes of controlling the flow of motor vehicles through the zone;
4.
Driving through or around a work zone by any lane not clearly designated
to motorists for the flow of traffic through or around the work zone;
5.
Physically assaulting or attempting to assault or threatening to
assault a highway worker in a construction zone or work zone with
a motor vehicle or other instrument;
6.
Intentionally striking, moving or altering barrels, barriers, signs
or other devices erected to control the flow of traffic to protect
workers and motorists in the work zone for a reason other than avoidance
of an obstacle, emergency or to protect the health and safety of an
occupant of the motor vehicle or of another person; or
7.
Committing any of the following offenses for which points may be
assessed under Section 302.302, RSMo.:
a.
Leaving the scene of an accident in violation of Section 577.060,
RSMo.;
b.
Careless and imprudent driving in violation of Subsection (4) of
Section 304.016, RSMo.;
c.
Operating without a valid license in violation of Subdivisions (1)
or (2) of Subsection (1) of Section 302.020, RSMo.;
d.
Operating with a suspended or revoked license;
e.
Driving while in an intoxicated condition or under the influence
of controlled substances or drugs or driving with an excessive blood
alcohol content;
f.
Any felony involving the use of a motor vehicle.
B.
Upon conviction or a plea of guilty for committing the offense of endangerment of a highway worker under Subsection (A) of this Section, if no injury or death to a highway worker resulted from the offense, the person shall be deemed guilty of an ordinance violation and in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than one thousand dollars ($1,000.00).
C.
Except for the offense established under Subdivision (6) of Subsection (A) of this Section, no person shall be deemed to commit the offense of endangerment of a highway worker except when the act or omission constituting the offense occurred when one (1) or more highway workers were in the construction zone or work zone.
D.
No person shall be cited or convicted for endangerment of a highway worker for any act or omission otherwise constituting an offense under Subsection (A) of this Section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle or from the negligence of another person or a highway worker.
