The driver of any vehicle other than one on official business
shall not follow any emergency vehicle traveling in response to an
emergency call 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.
No vehicle shall be driven over any unprotected hose of a Fire
Department when laid down on any street or private driveway to be
used at any fire or alarm of fire without the consent of the Fire
Department official in command.
A.
FUNERAL DIRECTOR
FUNERAL LEAD VEHICLE or LEAD VEHICLE
ORGANIZED FUNERAL PROCESSION
Definitions. As used in this Section, the following terms
shall mean:
A person licensed as a funeral director pursuant to the provisions
of Chapter 333, RSMo.
Any motor vehicle equipped with at least one (1) lighted
circulating lamp exhibiting an amber or purple light or lens or alternating
flashing headlamps visible under normal atmospheric conditions for
a distance of five hundred (500) feet from the front of the vehicle.
A hearse or coach properly equipped may be a lead vehicle.
Two (2) or more vehicles accompanying the remains of a deceased
person from a funeral establishment, church, synagogue or other place
where a funeral service has taken place to a cemetery, crematory or
other place of final disposition or a funeral establishment, church,
synagogue or other place where additional funeral services will be
performed if directed by a licensed funeral director from a licensed
establishment.
B.
Driving Rules.
1.
Except as otherwise provided for in this Section, pedestrians and
operators of all other vehicles shall yield the right-of-way to any
vehicle which is a part of an organized funeral procession.
2.
Notwithstanding any traffic control device or right-of-way provision
prescribed by State or local law, when the funeral lead vehicle in
an organized funeral procession lawfully enters an intersection, all
vehicles in the procession shall follow the lead vehicle through the
intersection. The operator of each vehicle in the procession shall
exercise the highest degree of care toward any other vehicle or pedestrian
on the roadway.
3.
An organized funeral procession shall have the right-of-way at all
intersections regardless of any traffic control device at such intersections,
except that operators of vehicles in an organized funeral procession
shall yield the right-of-way to any approaching emergency vehicle
pursuant to the provisions of law or when directed to do so by a Law
Enforcement Officer.
4.
All vehicles in an organized funeral procession shall follow the
preceding vehicle in the procession as closely as is practical and
safe under the conditions.
5.
No person shall operate any vehicle as part of an organized funeral
procession without the flashing emergency lights of such vehicle being
lighted.
6.
Any person who is not an operator of a vehicle in an organized funeral
procession shall not:
a.
Drive between the vehicles comprising an organized funeral procession while such vehicles are in motion and have the flashing emergency lights lighted pursuant to Subsection (B)(5) above, except when required to do so by a Law Enforcement Officer or when such person is operating an emergency vehicle giving an audible or visual signal;
b.
Join a funeral procession for the purpose of securing the right-of-way;
or
c.
Attempt to pass any vehicle in an organized funeral procession, except
where a passing lane has been specifically provided.
7.
When an organized funeral procession is proceeding through a red
signal light as permitted herein, a vehicle not in the organized funeral
procession shall not enter the intersection unless such vehicle may
do so without crossing the path of the funeral procession.
8.
No ordinance, regulation or any other provision of law shall prohibit
the use of a motorcycle utilizing flashing amber lights to escort
an organized funeral procession on the highway.
C.
Any
person convicted of violating any provision of this Section shall
be punished by a fine not to exceed one hundred dollars ($100.00).
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.
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.
The driver of a motor vehicle shall not drive within any sidewalk
area except on 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.
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.
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.
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 ride a bicycle upon a sidewalk within a business district.
B.
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.
C.
No
person shall ride a motorized bicycle upon a sidewalk.
A.
No person shall operate an all-terrain vehicle, as defined in Section 300.010, upon the streets and highways of this City, except as follows:
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.
A.
No person shall operate a utility vehicle, as defined in Section 300.010 of this Title, upon the highways of this City or State, except as follows:
1.
Utility vehicles owned and operated by a governmental entity for
official use;
2.
Utility vehicles operated for agricultural purposes or industrial
on-premises purposes between the official sunrise and sunset on the
day of operation, unless equipped with proper lighting;
3.
Utility vehicles operated by handicapped persons for short distances
occasionally only on the State's secondary roads when operated between
the hours of sunrise and sunset;
4.
The City may issue special permits for utility vehicles to be used
on highways within the City limits by licensed drivers. Fees of fifteen
dollars ($15.00) may be collected and retained by the City for such
permits.
B.
No
person shall operate a utility vehicle within any stream or river
in this City or State, except that utility vehicles may be operated
within waterways which flow within the boundaries of land which a
utility vehicle operator owns, or for agricultural purposes within
the boundaries of land which a utility vehicle operator owns or has
permission to be upon, or for the purpose of fording such stream or
river of this City or State at such road crossings as are customary
or part of the highway system. All Law Enforcement Officials shall
enforce the provisions of this Subsection within the geographic area
of their jurisdiction.
C.
A person operating a utility vehicle on a highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle under Subparagraph (3) of Subsection (A) of this Section 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 forty-five (45) miles per hour.
E.
No
operator of a utility vehicle shall carry a passenger, except for
agricultural purposes. The provisions of this Subsection shall not
apply to any utility vehicle in which the seat of such vehicle is
designed to carry more than one (1) person.
No person riding upon any bicycle, motorized bicycle, coaster,
roller skates, sled or toy vehicle shall attach the same or himself/herself
to any vehicle upon a roadway. Neither shall the driver of a vehicle
knowingly pull a rider behind a vehicle.
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.
No vehicle shall at any time be driven through or within a safety
zone.
[Ord. No. 217 §1(340.190), 4-20-2005]
A.
Every
person operating a motor vehicle upon the streets, avenues and highways
of the City of New Melle shall exercise the highest degree of care,
shall drive the same 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, taking into consideration the time of the day,
the amount of vehicular and pedestrian traffic, the condition of the
street or highway, the atmospheric and weather conditions and the
location with reference to intersecting streets or highways, curves
residences or schools. A rate of speed in excess of twenty (20) miles
per hour shall be considered as additional evidence of driving at
a rate of speed which is not careful and prudent, excepting upon Highways
F, D and Z where a rate of speed in excess of thirty-five (35) miles
per hour shall be considered as evidence of driving at a rate of speed
which is not careful and prudent, but the burden of proof shall be
on the prosecution in any event to show by competent evidence that
at the time and places charged the operator was driving at a rate
of speed which was not careful and prudent, considering the time of
the day, the amount of vehicular and pedestrian traffic, conditions
of street, and the location which reference to intersecting drive-ways
or residences; provided however, that no person shall operate a solid
tired commercial motor vehicle having a rated live load capacity of
two (2) tons or less at a rate of speed exceeding fifteen (15) miles
per hour or a solid tired commercial motor vehicle having a rated
live load capacity of more than two (2) tons and not more than five
(5) tons at a rate of speed exceeding ten (10) miles per hour or a
solid tired commercial motor vehicle having a rated live load capacity
of more than five (5) tons at a rate of speed exceeding eight (8)
miles per hour. The manner or method of computing the speed of motor
vehicles may be ascertained and determined by such electrical timing
device as will accurately fix the speed of such motor vehicles for
the distance of sixty-six (66) feet or by such other manner or method
as will accurately fix the speed of such motor vehicles for the distance
of one hundred (100) yards.
In addition, any person who drives in another manner with a
willful and wanton disregard for the safety of persons, property,
life, limb or traffic is deemed and declared to be guilty of careless
and imprudent driving.
B.
Any
person who shall violate any of the provisions of this Section shall
be deemed guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00).
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 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 this Title;
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 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.
C.
Whenever
any roadway has been divided into three (3) or more clearly marked
lanes for traffic, the following rules in addition to all other 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 with safety.
2.
Upon a roadway which is divided into three (3) lanes, a vehicle shall
not be driven in the center lane except when overtaking and passing
another vehicle where the roadway ahead is clearly visible and such
center lane is clear of traffic within a safe distance, or 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 State 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.
D.
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.
E.
All
trucks registered for a gross weight of more than forty-eight thousand
(48,000) pounds shall not be driven in the far left-hand lane upon
all interstate highways, freeways, or expressways within urbanized
areas of the State having three (3) or more lanes of traffic proceeding
in the same direction. This restriction shall not apply when:
F.
As used in Subsection (E) of this Section, "truck" means
any vehicle, machine, tractor, trailer, or semitrailer, or any combination
thereof, propelled or drawn by mechanical power and designed for or
used in the transportation of property upon the highways. The term "truck" also includes a commercial motor vehicle as defined in Section 300.010 of this Title.
[Ord. No. 217 §1(340.200), 4-20-2005]
A.
The
following rules shall govern the overtaking and passing of vehicles
proceeding in the same direction, subject to the limitations and exceptions
hereinafter stated:
1.
The driver of a vehicle overtaking another vehicle proceeding in
the same direction shall pass to the left thereof at a safe distance
and shall not again drive to the right side of the roadway until safely
clear of the overtaken vehicle; and
2.
Except when overtaking and passing on the right is permitted, the
driver of an overtaken vehicle shall give way to the right in favor
of the overtaking vehicle and shall not increase the speed of such
driver's vehicle until completely passed by the overtaking vehicle.
B.
The
driver of a motor vehicle may overtake and pass to the right of another
vehicle only under the following conditions:
1.
When the vehicle overtaken is making or about to make a left turn;
2.
Upon a City street with unobstructed pavement of sufficient width
for two (2) or more lanes of vehicles in each direction; or
3.
Upon a one-way street.
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The driver of a motor vehicle may overtake and pass another
vehicle upon the right only under the foregoing conditions when such
movement may be made in safety. In no event shall such movement be
made by driving off the paved or main traveled portion of the roadway.
The provisions of this Subsection shall not relieve the driver of
a slow-moving vehicle from the duty to drive as closely as practicable
to the right-hand edge of the roadway.
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C.
Except
when a roadway has been divided into three (3) traffic lanes, no vehicle
shall be driven to the left side of the centerline of a highway or
public road in overtaking and passing another vehicle proceeding in
the same direction unless such left side is clearly visible and is
free of oncoming traffic for a sufficient distance ahead to permit
such overtaking and passing to be completely made without interfering
with the safe operation of any vehicle approaching from the opposite
direction or any vehicle overtaken.
D.
No
vehicle shall at any time be driven to the left side of the roadway
under the following conditions:
1.
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.
When the view is obstructed upon approaching within one hundred (100)
feet of any bridge, viaduct, tunnel or when approaching within one
hundred (100) feet of or at any intersection.
E.
No Passing Zones. It shall be unlawful for any person to
operate a motor vehicle so as to cause the same to pass any other
motor vehicle then and there being operated in the same direction
any road painted with a solid line in the center thereby designating
that portion of road as a "No Passing" zone.
A.
No
person shall stop or suddenly decrease the speed of or turn a vehicle
from a direct course or move right or left upon a roadway unless and
until such movement can be made with reasonable safety and then only
after the giving of an appropriate signal in the manner provided herein.
1.
An operator or driver when stopping, or when checking the speed of
the operator's vehicle if the movement of other vehicles may reasonably
be affected by such checking of speed, shall extend such operator's
arm at an angle below horizontal so that the same may be seen in the
rear of the vehicle.
2.
An operator or driver intending to turn the vehicle to the right
shall extend such operator's arm at an angle above horizontal so that
the same may be seen in front of and in the rear of the vehicle and
shall slow down and approach the intersecting highway as near as practicable
to the right side of the highway along which such operator is proceeding
before turning.
3.
An operator or driver intending to turn the vehicle to the left shall
extend such operator's arm in a horizontal position so that the same
may be seen in the rear of the vehicle and shall slow down and approach
the intersecting highway so that the left side of the vehicle shall
be as near as practicable to the centerline of the highway along which
the operator is proceeding before turning.
4.
The signals herein required shall be given either by means of the
hand and arm or by a signal light or signal device in good mechanical
condition of a type approved by the State Highway Patrol; however,
when a vehicle is so constructed or loaded that a hand and arm signal
would not be visible both to the front and rear of such vehicle, then
such signals shall be given by such light or device. A vehicle shall
be considered as so constructed or loaded that a hand and arm signal
would not be visible both to the front and rear when the distance
from the center of the top of the steering post to the left outside
limit of the body, cab or load exceeds twenty-four (24) inches, or
when the distance from the center of the top of the steering post
to the rear limit of the body or load thereon exceeds fourteen (14)
feet, which limit of fourteen (14) feet shall apply to single vehicles
or combinations of vehicles. The provisions of this Subsection shall
not apply to any trailer which does not interfere with a clear view
of the hand signals of the operator or of the signaling device upon
the vehicle pulling such trailer; provided further, that the provisions
of this Section as far as mechanical devices on vehicles so constructed
that a hand and arm signal would not be visible both to the front
and rear of such vehicle as above provided shall only be applicable
to new vehicles registered within this State after the first (1st)
day of January, 1954.
A.
The
driver of a vehicle upon a highway upon meeting or overtaking from
either direction any school bus which has stopped on the highway for
the purpose of receiving or discharging any school children and whose
driver has in the manner prescribed by law given the signal to stop
shall stop the 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.
Every
bus used for the transportation of school children shall bear upon
the front and rear thereon a plainly visible sign containing the words "School Bus" in letters not less than eight (8) inches in
height. Each bus shall have lettered on the rear in plain and distinct
type the following: "State Law: Stop While Bus is Loading
and Unloading". Each school bus subject to the provisions
of Sections 304.050 to 304.070, RSMo., shall be equipped with a mechanical
and electrical signaling device approved by the State Board of Education
which will display a signal plainly visible from the front and rear
and indicating intention to stop.
C.
Every school bus operated to transport students in the public school system which has a gross vehicle weight rating of more than ten thousand (10,000) pounds, which has the engine mounted entirely in front of the windshield and the entrance door behind the front wheels, and which is used for the transportation of school children shall be equipped with a crossing control arm. The crossing control arm, when activated, shall extend a minimum of five (5) feet six (6) inches from the face of the front bumper. The crossing control arm shall be attached on the right side of the front bumper and shall be activated by the same controls which activate the mechanical and electrical signaling devices described in Subsection (B) of this Section. This Subsection may be cited as "Jessica's Law" in commemoration of Jessica Leicht and all other Missouri school children who have been injured or killed during the operation of a school bus.
D.
Except
as otherwise provided in this Section, the driver of a school bus
in the process of loading or unloading students upon a street or highway
shall activate the mechanical and electrical signaling devices, in
the manner prescribed by the State Board of Education, to communicate
to drivers of other vehicles that students are loading or unloading.
A public school district has the authority pursuant to Section 304.050,
RSMo., to adopt a policy which provides that the driver of a school
bus in the process of loading or unloading students upon a divided
highway of four (4) or more lanes may pull off of the main roadway
and load or unload students without activating the mechanical and
electrical signaling devices in a manner which gives the signal for
other drivers to stop and may use the amber signaling devices to alert
motorists that the school bus is slowing to a stop; provided that
the passengers are not required to cross any traffic lanes and also
provided that the emergency flashing signal lights are activated in
a manner which indicates that drivers should proceed with caution
and, in such case, the driver of a vehicle may proceed past the school
bus with due caution. No driver of a school bus shall take on or discharge
passengers at any location upon a highway consisting of four (4) or
more lanes of traffic, whether or not divided by a median or barrier,
in such manner as to require the passengers to cross more than two
(2) lanes of traffic; nor shall any passengers be taken on or discharged
while the vehicle is upon the road or highway proper unless the vehicle
so stopped is plainly visible for at least five hundred (500) feet
in each direction to drivers of other vehicles in the case of a highway
with no shoulder and a speed limit greater than sixty (60) miles per
hour and at least three hundred (300) feet in each direction to drivers
of other vehicles upon other highways, and on all highways, only for
such time as is actually necessary to take on and discharge passengers.
E.
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, which is proceeding in the opposite direction on a highway
containing four (4) 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.
A.
The
driver of a vehicle approaching an intersection shall yield the right-of-way
to a vehicle which has entered the intersection from a different highway,
provided however, there is no form of traffic control at such intersection.
B.
When
two (2) vehicles enter an intersection from different highways at
approximately the same time, the driver of the vehicle on the left
shall yield the right-of-way to the driver of the vehicle on the right.
This Subsection shall not apply to vehicles approaching each other
from opposite directions when the driver of one (1) of such vehicles
is attempting to or is making a left turn.
C.
The
driver of a vehicle within an intersection intending to turn to the
left shall yield the right-of-way to any vehicle approaching from
the opposite direction which is within the intersection or so close
thereto as to constitute an immediate hazard.
D.
The
driver of a vehicle intending to make a left turn into an alley, private
road or driveway shall yield the right-of-way to any vehicle approaching
from the opposite direction when the making of such left turn would
create a traffic hazard.
E.
The City may, on any section of road where construction or major maintenance operations are being effected, fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of Section 340.150.
[1]
State Law Reference — This Section has additional penalties
based on certain circumstances, §304.351, RSMo.
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 in safety. This Section
shall in no manner affect Section 304.044, RSMo., relating to distance
between trucks traveling on the highway.
[Ord. No. 217 §1(340.180), 4-20-2005]
A.
It
shall be unlawful for any person to operate a motor vehicle within
the City of New Melle in any direction so as to cause the same to
pass a school bus while the school bus is either loading or unloading
passengers.
B.
Any
person found guilty of violating the foregoing shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined not less
than one hundred dollars ($100.00) nor more than five hundred dollars
($500.00) for each offense.
C.
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 difference
roadway, which is proceeding in the opposite direction on a highway
containing four (4) 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.
D.
If
any vehicle is witnessed by a Police Officer or the driver of 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 Police Officer or prosecuting authority with a copy of the rental
or lease agreement in effect at the time of the violation. The prosecuting
attorney may not bring any legal proceedings against a rental or leasing
company under this Section unless prior written notice of the violation
has been given to that rental or leasing company by registered mail
at the address appearing on the registration and the rental or leasing
company has failed to provide the rental or lease agreement copy within
fifteen (15) days of receipt of such notice.
