[Ord. No. 19 §19(A), 6-1-1995]
A. No
person shall drive, move, park or be in custody of any vehicle or
combination of vehicles on any street or highway during the times
when lighted lamps are required unless such vehicle or combination
of vehicles displays lighted lamps and illuminating devices as required
under the provisions of Sections 307.020 through 307.127, RSMo. No
person shall use on any vehicle any approved electric lamp or similar
device unless the light source of such lamp or device complies with
the conditions of approval as to focus and rated candlepower.
B. Violation
of this Section shall be an infraction punishable, upon conviction,
by a fine not to exceed two hundred dollars ($200.00).
[Ord. No. 19 §19(B), 6-1-1995]
A. Signaling Devices. Every motor vehicle shall be equipped
with a horn, directed forward, or whistle in good working order, capable
of emitting a sound adequate in quantity and volume to give warning
of the approach of such vehicle to other users of the highway and
to pedestrians. Such signaling device shall be used for warning purposes
only and shall not be used for making any unnecessary noise, and no
other sound-producing signaling device shall be used at any time.
B. Muffler Cutouts. Muffler cutouts shall not be used and
no vehicle shall be driven in such manner or condition that excessive
and unnecessary noises shall be made by its machinery, motor, signaling
device, 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 possible
exhaust noise as completely as is done in modern gas engine passenger
motor vehicles. Any cutout 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.
C. Brakes. All motor vehicles, except motorcycles, shall be
provided at all times with two (2) sets of adequate brakes, kept in
good working order, and motorcycles shall be provided with one (1)
set of adequate brakes kept in good working order.
D. Mirrors. All motor vehicles which are so constructed or
loaded that the operator cannot see the road behind such vehicle by
looking back or around the side of such vehicle shall be equipped
with a mirror so adjusted as to reveal the road behind and be visible
from the operator's seat.
E. Projections On Vehicles. All vehicles carrying poles or
other objects, which project more than five (5) feet from the rear
of such vehicle, shall, during the period when lights are required
by this Chapter, carry a red light at or near the rear end of the
pole or other object so projecting. At other times a red flag or cloth,
not less than sixteen (16) inches square, shall be displayed at the
end of such projection.
F. Towlines. When one (1) vehicle is towing another, the connecting
device shall not exceed fifteen (15) feet. During the time that lights
are required by Sections 307.020 to 307.120, RSMo., the required lights
shall be displayed by both vehicles. Every towed vehicle shall be
coupled to the towing vehicle by means of a safety chain, cable, or
equivalent device in addition to the primary coupling device, except
that such secondary coupling device shall not be necessary if the
connecting device is connected to the towing vehicle by a center-locking
ball located over or nearly over the rear axle and not supported by
the rear bumper of the towing vehicle. Such secondary safety connecting
devices shall be of sufficient strength to control the towed vehicle
in the event of failure of the primary coupling device. The provisions
of this Subsection shall not apply to wreckers towing vehicles or
to vehicles secured to the towing vehicle by a fifth-wheel type connection.
The provisions of this Subsection shall also not apply to farm implements,
or to any vehicle which is not required to be registered.
G. Commercial Motor Vehicles And Trailers. When being operated
on any highways, streets or roads of this City shall be equipped with
adequate and proper brakes, lighting equipment, signaling devices,
steering mechanisms, horns, mirrors, windshield wipers, tires, wheels,
exhaust system, glazing, air pollution control devices, fuel tank,
and any other safety equipment required by the State in such condition
so as to obtain a certificate of inspection and approval as required
by the provisions of Section 307.360, RSMo.
H. Devices
attached to or towed by motor vehicles for the purpose of transporting
hay shall have the protruding parts raised or retracted when not in
use to a position which will not cause injury or damage to persons
or property in the vicinity of such device when on the highways, streets
or roads of this City.
I. Violation
of this Section shall be an infraction punishable, upon conviction,
by a fine not to exceed two hundred dollars ($200.00).
[Ord. No. 19 §19(C), 6-1-1995]
A. All
motor vehicles, and every trailer and semi-trailer operating upon
the public highways, streets or roads of this City and carrying goods
or material or farm products which may reasonably be expected to become
dislodged and fall from the vehicle, trailer or semi-trailer as a
result of wind pressure or air pressure and/or by the movement of
the vehicle, trailer or semi-trailer 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 semi-trailer
while being transported or carried.
B. Violation
of this Section shall be punishable, upon conviction, by a fine not
to exceed three hundred dollars ($300.00) or imprisonment not to exceed
fifteen (15) days or by both such fine and imprisonment.
[Ord. No. 504 §1, 8-21-2006]
A. As
used in this Section, the term "truck" means a motor
vehicle designed, used or maintained for the transportation of property;
and 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 with a licensed gross weight of twelve thousand (12,000)
pounds or more.
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 the City, and persons less than eighteen (18) years of age operating or riding in a truck, as defined in Subsection
(A) of this Section, on a street or highway of this City shall wear a properly adjusted and fastened safety belt that meets federal National Highway, Transportation and Safety Act requirement. No person shall be stopped, inspected or detained solely to determine compliance with this Subsection. The provisions of this Section and Section
385.050 shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about their body, nor shall the provisions of this Section be applicable to persons while operating or riding a motor vehicle being used in agricultural work-related activities. Non-compliance with this Subsection shall not constitute probable cause for violation of any other provision of law. The provisions of this Subsection shall not apply to the transporting of children under sixteen (16) years of age as provided in Section
385.050.
C. Each driver of a motor vehicle transporting a child less than sixteen (16) years of age shall secure the child in a properly adjusted and fastened restraint under Section
385.050.
D. In
any action to recover damages arising out of the ownership, common
maintenance or operation of a motor vehicle, failure to wear a safety
belt in violation of this Section shall not be considered evidence
of comparative negligence. Failure to wear a safety belt in violation
of this Section may be admitted to mitigate damages, but only under
the following circumstances:
1. Parties seeking to introduce evidence of the failure to wear a safety
belt in violation of this Section must first introduce expert evidence
proving that a failure to wear a safety belt contributed to the injuries
claimed by plaintiff;
2. If the evidence supports such a finding, the trier of fact may find
that the plaintiff's failure to wear a safety belt in violation of
this Section contributed to the plaintiff's claimed injuries and may
reduce the amount of the plaintiff's recovery by an amount not to
exceed one percent (1%) of the damages awarded after any reductions
for comparative negligence.
E. Except as otherwise provided for in Section
385.050, each person who violates the provisions of Subsection
(B) of this Section is guilty of an infraction for which a fine not to exceed ten dollars ($10.00) may be imposed. All other provisions of law and court rules to the contrary notwithstanding, no court costs shall be imposed on any person due to a violation of this Section. In no case shall points be assessed against any person, pursuant to Section 302.302, RSMo., for a violation of this Section.
F. If
there are more persons than there are seat belts in the enclosed area
of a motor vehicle, then the passengers who are unable to wear seat
belts shall sit in the area behind the front seat of the motor vehicle
unless the motor vehicle is designed only for a front-seated area.
The passenger or passengers occupying a seat location referred to
in this Subsection is not in violation of this Section. This Subsection
shall not apply to passengers who are accompanying a driver of a motor
vehicle who is licensed under Section 302.178, RSMo.
[Ord. No. 504 §2, 8-21-2006]
A. As
used in this Section, the following terms shall mean:
CHILD BOOSTER SEAT
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 C.F.R. 571.213, as amended, that is designed
to elevate a child to properly sit in a federally approved safety
belt system.
CHILD PASSENGER RESTRAINT SYSTEM
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 C.F.R. 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.
DRIVER
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 City, 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 a front seat area. The driver
transporting children referred to in this Subsection is not in violation
of this Section.
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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.
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C. Any driver who violates Subdivisions (1), (2) or (3) of Subsection
(B) of this Section is guilty of an infraction and, upon conviction, may be punished by a fine of not more than fifty dollars ($50.00) and court costs. Any driver who violates Subdivision (4) of Subsection
(B) of this Section shall be subject to the penalty in Subsection
(E) of Section
385.040. If a driver receives a citation for violating Subdivisions (1), (2) or (3) of Subsection
(B) 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.
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.