[Ord. No. 19.1308A §1, 1-4-1993]
A. No
owner of a motor vehicle registered in this State or required to be
registered in this State shall operate the vehicle, or authorize any
other person to operate the vehicle register or maintain registration
of a motor vehicle, or permit another person to operate such vehicle,
upon the streets or the alleys of this City, unless the owner maintains
the financial responsibility as required in this Section which conforms
to the requirements of the laws of this State. Furthermore, no person
shall operate a motor vehicle owned by another with the knowledge
that the owner has not maintained financial responsibility unless
such person has financial responsibility which covers the person's
operation of the other's vehicle. However, no owner shall be in violation
of this Subsection if he or she fails to maintain financial responsibility
on a motor vehicle which is inoperable or being stored and not in
operation. The director may prescribe rules and regulations for the
implementation of this Section.
B. For
purposes of this Section, the term "financial responsibility" shall mean the ability to respond in damages for liability on account
of accidents occurring after the effective date of proof of said financial
responsibility, arising out of the ownership, maintenance or use of
a motor vehicle, in the amount of twenty-five thousand dollars ($25,000.00)
because of bodily injury to or death of one (1) person in any one
(1) accident, and, subject to said limit for one (1) person, in the
amount of fifty thousand dollars ($50,000.00) because of bodily injury
to or death of two (2) or more persons in any one (1) accident, and
in the amount of ten thousand dollars ($10,000.00) because of injury
to or destruction of property of others in any one (1) accident.
C. Proof
of financial responsibility may be shown by any of the following:
1. An insurance identification card issued by a motor vehicle insurer
or by the Director of Revenue of the State of Missouri for self-insurance.
A motor vehicle liability insurance policy, a motor vehicle liability
insurance binder, or receipt which contains the name and address of
the insurer, the name and address of the named insured, the policy
number, the effective dates of the policy and a description by year
and make of the vehicle, or at least five (5) digits of the vehicle
identification number or the word "Fleet" if the insurance policy
covers five (5) or more motor vehicles shall be satisfactory evidence
of insurance in lieu of an insurance identification card.
2. A certificate of the State Treasurer of a cash or security deposit
according to Section 303.240, RSMo.
3. A surety bond according to Section 303.230, RSMo.
D. Proof
of financial responsibility shall be carried at all times in the insured
motor vehicle or by the operator of the motor vehicle if the proof
of financial responsibility is effective as to the operator rather
than to the vehicle. The operator of an insured motor vehicle shall
exhibit the insurance identification card on the demand of any Peace
Officer, commercial vehicle enforcement officer or commercial vehicle
inspector who lawfully stops such operator or investigates an accident
while that officer or inspector is engaged in the performance of the
officer's or inspector's duties.
E. Penalty. Any person who violates the provisions of this
Section is guilty of a misdemeanor and upon conviction shall be punished
as follows:
1. For the first (1st) offense, by a fine of two hundred dollars ($200.00),
or by imprisonment in jail for a period up to (not more than) ninety
(90) days, or by both such fine and imprisonment. However, in the
event the Court finds mitigating circumstances exist, as defined herein,
the penalty shall be a fine of twenty-five dollars ($25.00) plus costs
assessed.
2. For the second (2nd) offense within a three (3) year period, by a
fine of not less than three hundred dollars ($300.00) nor more than
five hundred dollars ($500.00), by imprisonment in jail for a term
up to (not to exceed) ninety (90) days, or by both such fine and imprisonment.
However, in the event the Court finds mitigating circumstances exist,
as the same are defined herein, the penalty shall be a fine of not
less than one hundred fifty dollars ($150.00) nor more than five hundred
dollars ($500.00).
3. For the third (3rd) and subsequent offense(s) within a three (3)
year period, by a fine of not less than four hundred dollars ($400.00)
nor more than five hundred dollars ($500.00), or by imprisonment in
jail for a term up to (not to exceed) ninety (90) days, or by both
such fine and imprisonment. However, in the event the Court finds
mitigating circumstances exist, as the same are defined herein, the
penalty shall be a fine of not less than three hundred dollars ($300.00)
nor more than five hundred dollars ($500.00), or by imprisonment in
jail for a term up to (not to exceed) ninety (90) days, or by both
such fine and imprisonment.