Any person who shall drive or operate a motor vehicle upon the
streets or public thoroughfares of the City without having in his
possession while so operating or driving a valid operator's or chauffeur's
license shall be guilty of an offense.
[Gen. Ords. 1959, § 51.18[1]]
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.
A person commits the offense of driving while intoxicated if he or she operates a vehicle while intoxicated as defined in § 14-1 of this chapter.
(b)
As
used in this section, percent by weight of alcohol in the blood shall
be based upon grams of alcohol per 100 milliliters of blood or 210
liters of breath and may be shown by chemical analysis of the person's
blood, breath, saliva or urine. For the purposes of determining the
alcoholic content of a person's blood under this section, the test
shall be conducted in accordance with the provisions of Sections 577.020
to 577.041, RSMo.
(a)
Consent
implied; test administered.
(1)
Any person who operates a motor vehicle upon the public highways
of this City shall be deemed to have given consent, subject to the
provisions of Sections 577.019 to 577.041, RSMo., to a chemical test
or tests of the person's breath, blood, saliva or urine for the purpose
of determining the alcohol or drug content of the person's blood pursuant
to the following circumstances:
a.
If the person is arrested for any offense arising out of acts which
the arresting officer had reasonable grounds to believe were committed
while the person was operating a vehicle while in an intoxicated condition;
b.
If the person is under the age of 21, has been stopped by a law enforcement
officer, and the law enforcement officer has reasonable grounds to
believe that such person was operating a vehicle with a blood alcohol
content of 0.02% or more by weight;
c.
If the person is under the age of 21, has been stopped by a law enforcement
officer, and the law enforcement officer has reasonable grounds to
believe that such person has committed a violation of the traffic
laws of the state, or any political subdivision of the state, and
such officer has reasonable grounds to believe, after making such
stop, that such person has a blood alcohol content of 0.02% or greater;
d.
If the person is under the age of 21, has been stopped at a sobriety
checkpoint or roadblock and the law enforcement officer has reasonable
grounds to believe that such person has a blood alcohol content of
0.02% or greater; or
e.
If the person, while operating a vehicle, has been involved in a
collision or accident which resulted in a fatality or a readily apparent
serious physical injury as defined in Section 556.061, RSMo., or has
been arrested as evidenced by the issuance of a uniform traffic ticket
for the violation of any state law or county or municipal ordinance,
with the exception of equipment violations contained in Chapters 306
and 307, RSMo., or similar provisions contained in county or municipal
ordinances.
(2)
The test shall be administered at the direction of the law enforcement
officer whenever the person has been has been stopped, detained, or
arrested for any reason.
(b)
The implied consent to submit to the chemical tests listed in Subsection (a) of this section shall be limited to not more than two such tests arising from the same stop, detention, arrest, incident or charge.
(c)
To
be considered valid, chemical analysis of the person's breath, blood,
saliva, or urine shall be performed, according to methods approved
by the State Department of Health and Senior Services, by licensed
medical personnel or by a person possessing a valid permit issued
by the State Department of Health and Senior Services for this purpose.
(d)
The
person tested may have a physician, or a qualified technician, chemist,
registered nurse or other qualified person at the choosing and expense
of the person to be tested, administer a test in addition to any administered
at the direction of a law enforcement officer. The failure or inability
to obtain an additional test by a person shall not preclude the admission
of evidence relating to the test taken at the direction of a law enforcement
officer.
(e)
Upon
the request of the person who is tested, full information concerning
the test shall be made available to such person.
(1)
"Full information" is limited to the following:
a.
The type of test administered and the procedures followed;
b.
The time of the collection of the blood, breath or urine sample analyzed;
c.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
d.
The type and status of any permit which was held by the person who
performed the test;
e.
If the test was administered by means of a breath-testing instrument,
the date of the most recent maintenance of such instrument.
(2)
"Full information" does not include manuals, schematics or software
of the instrument used to test the person or any other material that
is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.
(f)
Any person given a chemical test of the person's breath pursuant to Subsection (a) of this section or a field sobriety test may be videotaped during any such test at the direction of the law enforcement officer. Any such video recording made during the chemical test pursuant to this subsection or a field sobriety test shall be admissible as evidence at any trial of such person for a violation of any state law or county or municipal ordinance, and at any license revocation or suspension proceeding held pursuant to the provisions of Chapter 302, RSMo.
[Ord. No. 7858, § 1, 3-2-1989; Ord. No. 8060, § 1, 5-2-1991]
Every person operating a motor vehicle shall operate it in a
careful and prudent manner and in the exercise of the highest degree
of care at a rate of speed, and constructed or loaded, so as not to
endanger the property of another or the life or limb of any person,
taking into consideration the time of day, the amount of vehicular
and pedestrian traffic, the condition of streets or highways, the
atmospheric conditions and the location of intersecting streets or
highways, curves, residences, schools or persons who may be nearby.
It shall be unlawful for any person in operating a motor vehicle
within the City to so accelerate it as to cause audible noise by the
friction of the tire on the pavement or to cause the tires of the
vehicle to leave skid marks upon the pavement, except when such acceleration
is reasonably necessary to avoid a collision.
Whenever authorized, signs are erected indicating any street
or part thereof as a play street; no person shall drive a vehicle
upon any such street or portion thereof except drivers of vehicles
having business or whose residences are within the closed area, and
then the driver shall exercise the greatest care in driving upon any
such street or portion thereof.
[1]
State Law Reference: For similar provisions, RSMo. § 300.190.
Upon those streets and parts of streets and in those alleys
described and designated by this Code or other City ordinance, vehicular
traffic shall move only in the indicated direction when signs indicating
the direction of traffic are erected and maintained at every intersection
where movement in the opposite direction is prohibited.
[1]
State Law Reference: For similar provisions, RSMo. § 300.245.
No driver shall enter an intersection or a marked crosswalk
unless there is sufficient space on the other side of the intersection
or crosswalk to accommodate the vehicle he is operating without obstructing
the passage of other vehicles or pedestrians, notwithstanding any
traffic control signal indication to proceed.
[1]
State Law Reference: For similar provisions, RSMo. § 300.290.
[Ord. No. 9474, § 1, 4-21-2005]
(a)
Whenever any person driving a vehicle approaches a railroad grade
crossing under any of the circumstances stated in this section, the
driver of the vehicle shall stop within 50 feet but not less than
15 feet from the nearest rail of the railroad, and shall not proceed
until he can do so safely. The foregoing requirements shall apply
when:
(1)
A clearly visible electric or mechanical signal device gives
warning of the immediate approach of a railroad train.
(2)
A crossing gate is lowered or when a human flagman gives or
continues to give a signal of the approach or passage of a railroad
train.
(3)
An approaching railroad train is plainly visible and is in hazardous
proximity to such crossing.
(b)
No person shall drive any vehicle through, around or under any crossing
gate or barrier at a railroad crossing while such gate or barrier
is closed or is being opened or closed.
[1]
State Law Reference: For similar provisions, RSMo. § 300.295.
No driver of a vehicle shall drive between the vehicles comprising
a funeral or other authorized procession while they are in motion
and when such vehicles are conspicuously designated as required by
this chapter. This section shall not apply at intersections where
traffic is controlled by traffic control signals or police officers.
[1]
State Law Reference: For similar provisions, RSMo. § 300.310.
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.
(a)
FUNERAL DIRECTOR
FUNERAL LEAD VEHICLE or LEAD VEHICLE
ORGANIZED FUNERAL PROCESSION
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
A person licensed as a funeral director pursuant to the provisions
of Chapter 333, RSMo.
Any motor vehicle equipped with at least one lighted circulating
lamp exhibiting an amber or purple light or lens or alternating flashing
headlamps visible under normal atmospheric conditions for a distance
of 500 feet from the front of the vehicle. A hearse or coach properly
equipped may be a lead vehicle.
Two 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 $100.
(a)
The
driver of a motor vehicle shall not drive within any sidewalk area
except at a permanent or temporary driveway.
(b)
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 vehicle unless the
movement can be made with reasonable safety and without interfering
with other traffic.
[1]
State Law Reference: For similar provisions, RSMo. § 300.335.
A person operating a motorcycle shall ride only upon the permanent
and regular seat attached thereto, and the operator shall not carry
any other person nor shall any other person ride on a motorcycle unless
the motorcycle is designed to carry more than one person, in which
event a passenger may ride upon the permanent and regular seat if
designed for two persons, or upon another seat firmly attached to
the rear or side of the operator.
[1]
State Law Reference: For similar provisions, RSMo. § 300.345.
[Ord. No. 10692, 12-3-2020[2]]
(a)
Every
person under the age of 26 operating or riding as a passenger on any
motorcycle or motortricycle, as defined in Section 302.020 and Section
302.026, RSMo., upon any highway of this State shall wear protective
headgear at all times the vehicle is in motion. The protective headgear
shall meet reasonable standards and specifications established by
the Director of Revenue.
(b)
Operators
and riders who are the age of 26 or older may operate a motorcycle
or motortricycle without a helmet if he or she is covered by a health
insurance policy or other form of insurance which will provide the
person with medical coverage for injuries incurred as a result of
a motorcycle or motortricycle accident.
[2]
Editor's Note: Ord. No. 10692 also changed the title of this
Section from "Motorcycle riders to wear protective headgear; standards"
to "Motorcycle or Motortricycle riders under the age of 26 to wear
protective headgear; standards."
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.
[1]
State Law Reference: For similar provisions, RSMo. § 300.355.
No vehicle shall at any time be driven through or within a safety
zone.
[1]
State Law Reference: For similar provisions, RSMo. § 300.365.
Whenever any vehicle is stopped at a marked crosswalk or at
any unmarked crosswalk at an intersection to permit a pedestrian to
cross the roadway, the driver of any other vehicle approaching from
the rear shall not overtake and pass such stopped vehicle.
[1]
State Law Reference: For similar provisions, RSMo. § 300.375.
[Ord. No. 5915, § 1(1)-(5), 2-5-1976[1]]
(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 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 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 no later than August 1, 1998, with a crossing control arm. The crossing control arm, when activated, shall extend a minimum of five feet six 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.
(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 shall have the authority pursuant to this
section 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 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 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 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 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 60 miles per hour and at least 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, or which is proceeding in the opposite direction on a highway
containing four 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.
(f)
The driver of any school bus driving upon the highways of this state,
after loading or unloading school children, shall remain stopped if
the bus is followed by three or more vehicles, until such vehicles
have been permitted to pass the school bus, if the conditions prevailing
make it safe to do so.
(g)
If any vehicle is witnessed by a peace officer or the driver of
a 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 of the
owners may be convicted and court costs may be assessed against only
one 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 peace officer or prosecuting authority with a copy of the rental
or lease agreement in effect at the time of the violation. No prosecuting
authority may 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
15 days of receipt of such notice.
[Ord. No. 7556, § 1, 8-7-1986]
No driver shall operate a motor vehicle on any private lot,
road, driveway, parking lot or any area which is not a roadway for
the purpose of avoiding travel upon the right-of-way between one highway
or roadway and the same or another highway or roadway.
[Ord. No. 7811, § 4, 10-6-1988]
(a)
Generally. No all-terrain vehicle may be operated upon any public
street, alley or highway within the City unless the all-terrain vehicle
is owned and operated by a governmental entity for official use, the
all-terrain vehicle is used for agricultural purposes or industrial
on-premises purposes between the official sunrise and sunset on the
day of operation, the all-terrain vehicle is operated by a handicapped
person for short distances occasionally only on secondary roads between
the hours of sunrise and sunset, or the all-terrain vehicle has been
modified to pass a vehicle safety inspection and is classified and
licensed as a motor vehicle by the state.
(b)
Speed limit; bicycle safety flag requirement. When operated on the
public street, alley or highway pursuant to the exceptions allowed
herein, the all-terrain vehicle must be operated at speeds of less
than 30 miles per hour and must also display a bicycle safety flag
which extends at least seven feet above the ground when attached to
the rear of the vehicle. The safety flag shall be triangular in shape
with an area of not less than 30 square inches and shall be day-glow
in color.
(c)
Safety helmet required. No person shall operate an all-terrain vehicle
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
18 years of age.
(d)
Passengers prohibited exception. No operator of an all-terrain vehicle
shall carry a passenger, except for agricultural purposes.
(e)
State registration required. No person shall operate an all-terrain
vehicle within the City unless the all-terrain vehicle has been registered
with the State Department of Revenue, pursuant to state law, regardless
if the vehicle is operated on public streets, alleys or highways.
(a)
No person shall consume any alcoholic beverage while operating a
moving motor vehicle upon the streets or public thoroughfare of the
City.
[Ord. No. 10729, 10-7-2021]
(a)
A person
commits the offense of driving while revoked if such person operates
a motor vehicle on a highway when such person's license or driving
privilege has been canceled, suspended, or revoked under the laws
of this State or any other state and acts with criminal negligence
with respect to knowledge of the fact that such person's driving privilege
has been canceled, suspended, or revoked.
(b)
Any
resident or non-resident whose license, right or privilege to operate
a motor vehicle in this State has been suspended or revoked as provided
herein or as provided for in Sections 302.010 through 302.540, RSMo.,
shall not operate a motor vehicle in this State under a license, permit
or registration certificate issued by any other jurisdiction or otherwise
during such suspension or after such revocation until a new license
is obtained when and as permitted under Sections 302.010 through 302.540,
RSMo.
[1]
Editor's Note: Former § 14-166, Driving while license
or driving privilege is canceled, suspended or revoked, derived from
Ord. No. 8547, § 1, 9-19-1996, was repealed by Ord. No.
10492, 6-7-2018.
[Ord. No. 8922, § 2, 6-1-2000]
No vehicle carrier or transport shall load or unload any vehicle
upon any public street or portion thereof in the City of Kirkwood;
provided, however, this section shall not prevent the loading or unloading
of a single vehicle.
[Ord. No. 6048, § 5, 11-4-1976[1]]
No vehicle shall be driven over any unprotected hose of the
Fire Department when laid down on any street, private driveway or
streetcar track, to be used at any fire or alarm of fire, without
the consent of the Fire Department official in command.
[Ord. No. 6048, § 7, 11-4-1976[1]]
(a)
Upon
the immediate approach of an emergency vehicle giving audible signal
by siren or while having at least one lighted lamp exhibiting red
light visible under normal atmospheric conditions from a distance
of 500 feet to the front of such vehicle or a flashing blue light
authorized by Section 307.175, RSMo., the driver of every other vehicle
shall yield the right-of-way and shall immediately drive to a position
parallel to, and as far as possible to the right of, the traveled
portion of the highway and thereupon stop and remain in such position
until such emergency vehicle has passed, except when otherwise directed
by a police or traffic officer.
(b)
Upon
approaching a stationary emergency vehicle displaying lighted red
or red and blue lights, or a stationary vehicle owned by the State
Highways and Transportation Commission and operated by an authorized
employee of the Department of Transportation displaying lighted amber
or amber and white lights, the driver of every motor vehicle shall:
(1)
Proceed with caution and yield the right-of-way, if possible with
due regard to safety and traffic conditions, by making a lane change
into a lane not adjacent to that of the stationary vehicle, if on
a roadway having at least four lanes with not less than two lanes
proceeding in the same direction as the approaching vehicle; or
(2)
Proceed with due caution and reduce the speed of the vehicle, maintaining
a safe speed for road conditions, if changing lanes would be unsafe
or impossible.
[Ord. No. 6048, § 8, 11-4-1976[1]]
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 500 feet or drive into or park such vehicle
within the block where fire apparatus has stopped in answer to a fire
alarm. (RSMo., § 300.300)
