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.
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.
[Ord. No. 687, 4-21-2014]
A. Definitions. As used in this Section, the following
terms shall have the meanings indicated:
ATV
Any motorized vehicle manufactured and used exclusively for
off-highway use which is sixty-four (64) inches or less in width,
with an unladen dry weight of two thousand (2,000) pounds or less,
traveling on four (4) or more non-highway tires, with a non-straddle
seat, and steering wheel.
CITY
The corporate limits of the City of Matthews, Missouri.
GOLF CART
A self-propelled vehicle that is designed to transport persons
playing golf and their equipment on a golf course.
STREETS AND ALLEYS
Those roadways that have been accepted or platted by the
City of Matthews, Missouri as public streets and alleyways.
UTILITY VEHICLE
A motor vehicle that is:
1.
Designed for off-road or construction-site use;
2.
Powered by an engine of no more than twenty-five (25) horsepower;
and
3.
Used for general maintenance, security, agricultural, or horticultural
purposes.
B. Limitations On ATV, Golf Cart And Utility Vehicle Operations
On Designated Public Streets.
1.
ATV, golf cart and utility vehicle operations on designated
public streets and alleys shall be in accordance with the following
limitations:
a.
It shall be unlawful for any person to operate an ATV, golf
cart or utility vehicle in any manner which violates the provisions
in this Chapter. A violation of this Section shall be deemed an ordinance
traffic violation, punishable by a fine of no more than five hundred
dollars ($500.00) and/or revocation of that person's City motor vehicles
license.
b.
Every person operating an ATV, golf cart or utility vehicle
on the public streets of the City shall be subject to all of the duties
applicable to a driver of a motor vehicle imposed by law, specifically
including those laws pertaining to the possession and use of drugs
and alcoholic beverages and operating a motor vehicle under the influence
thereof.
c.
An ATV, golf cart or utility vehicle may be operated only on
designated public streets where the posted speed limit is thirty (30)
miles an hour or less. No ATV, golf cart or utility vehicle shall
cross any highway or street at an intersection where the highway or
street being crossed has a posted speed limit of more than forty (40)
miles per hour.
d.
No person shall operate any ATV, golf cart or utility vehicle
on any public street unless he has in his possession a valid driver's
license.
e.
Every ATV, golf cart or utility vehicle whenever operated on
a public street shall display a slow-moving vehicle emblem in conformity
with Section 301.127, RSMo., and a bicycle safety flag.
f.
ATVs, golf carts and utility vehicles shall be operated upon
the public streets only between sunrise and sunset, unless equipped
with such lights as required in the Code of State Regulations as promulgated
by the Missouri Department of Revenue and approved by the Vehicle
Equipment Safety Commission for different classes of vehicles that
operate upon the streets and highways of the State of Missouri.
g.
ATVs, golf carts and utility vehicles operating on designated
streets pursuant to this Section shall be insured by a policy of insurance
with coverage no less than the statutory minimum, as established by
the Missouri Department of Revenue for motor vehicles operating on
the streets and highways of the State of Missouri.
h.
Only the number of people the ATV, golf cart or utility vehicle
is designed to seat may ride on the golf cart or utility vehicle.
No passengers shall ride in the utility bed or the part of the golf
cart designed to carry golf bags.
i.
ATVs, golf carts and utility vehicles must be operated at the
extreme right of the street and must yield to all vehicular pedestrian
traffic.
j.
Any person who operates a golf cart or utility vehicle is responsible
for procuring and maintaining liability insurance sufficient to cover
the risk involved with operating a golf cart or utility vehicle on
public streets and alleys, and the procurement of such insurance is
a condition precedent to the lawful operation of a golf cart or utility
vehicle under this Section.
k.
The motor vehicle registration requirements of Section 390.170
shall apply to the registration and licensing of ATVs, golf carts
and utility vehicles. The cost of the motor vehicle license for ATVs,
golf carts and utility vehicles shall be fifteen dollars ($15.00)
per year.
l.
No ATVs, golf carts or utility vehicles shall be operated in
any direction on United States Highway H or 80.
2.
The limitations of Subsection
(B)(1) shall not apply to ATVs, golf carts and utility vehicles being operated as follows:
a.
To the extent necessary for local government employees, operating
upon roadways within the City, to fulfill a governmental purpose,
provided the ATV, golf cart or utility vehicle is being operated on
highways with posted speed limits of forty (40) miles per hour or
less.
C. Liability Disclaimer. This Section is adopted to
address the interest of public safety. ATVs, golf carts and/or utility
vehicles are not designed or manufactured to be used on public streets,
and the City of Matthews in no way advocates or endorses their operation
on public streets and alleys. The City of Matthews, by regulating
such operation, is merely trying to address obvious and continuing
safety issues that have arisen by the increased use of such vehicles
by the public. The adoption of this Section is not to be relied upon
as a determination that operating on public streets is safe or advisable
if done in accordance with this Section. All persons who operate or
ride upon golf carts and/or utility vehicles on public streets or
alleys do so at their own risk and must be observant of and attentive
to the safety of themselves and others, including passengers, other
motorists, bicycles and pedestrians. The City of Matthews assumes
no liability under any theory of tort or contract and specifically
denies any such liability, including comparative fault.
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.
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.
No vehicle shall at any time be driven through or within a safety
zone.
Every person operating a motor vehicle on the highways of this
City 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.
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.