[Ord. No. 8728, § 1, 5-21-1998; Ord. No. 8959, § 1, 9-7-2000]
(a)
A motor vehicle shall not, in the following cases, be operated by
its own power or parked upon a street of the City unless at the time
of operation it is registered and licensed:
(b)
No motor vehicle or trailer shall be operated, parked or stored in
the City unless it shall have displayed thereon a valid license plate
or set of license plates issued in accordance with the law of the
state issuing the license plates or unless such vehicle or trailer
is completely enclosed within a building or fenced area and not visible
from adjacent public or private property. Each such plate shall be
securely fastened to the motor vehicle in a manner so that all parts
thereof shall be plainly visible and reasonably clean so that the
reflective qualities thereon are not impaired. License plates shall
be fastened to all motor vehicles, except trucks, tractors, truck
tractors or truck-tractors licensed in excess of 12,000 pounds, on
the front and rear of such vehicles not less than eight nor more than
48 inches above the ground, with the letters and numbers thereon right
side up.
No person shall leave any partially dismantled, nonoperating,
wrecked or junked vehicle on any street or highway within the City.
[Gen. Ords. 1959, § 51.13]
(a)
Overweight. No person shall drive or convey upon any public street
or other public place in the City any engine, tractor, truck, wagon
or vehicle of any kind which, together with its load, weighs more
than 24,000 pounds; or any vehicle so equipped or loaded that the
weight on any one axle shall exceed 16,000 pounds; or any vehicle
so equipped or loaded that the weight on any one wheel exceeds 600
pounds per inch of effective tire-bearing width on such wheel, said
width to be measured at the base of the tire; or any vehicle so equipped
or loaded that the weight of the live load is more than 25% in excess
of the capacity of the vehicle as rated by the manufacturer without
a permit issued by the City Engineer and approved by the Mayor, and
it shall be unlawful to operate the same except in strict compliance
with the permit.
(b)
Metal cleated. No person shall drive, convey or operate upon any
public street or other public place in the City any wagon, engine,
tractor, truck or vehicle of any kind having on its wheels any clamps,
ridges, extensions, projections, bars, bolts, or other contrivance
that will cut or mash holes, gashes or crevices into the streets or
otherwise tear up, injure or damage said streets or any part thereof
without a permit issued by the City Engineer and approved by the Mayor,
and it shall be unlawful to operate the same except in strict compliance
with the terms of the permit.
(c)
Permits. The City Engineer, with the approval of the Mayor and Council,
shall have the right to refuse or issue permits under the terms of
this section as he may deem proper. If the permit is issued, it shall
designate the street or streets over which the vehicles may travel.
The applicant for a permit shall pay to the Director of Finance a
fee as set by the Council by resolution from time to time, a receipt
for which shall be presented to the City Engineer before the permit
is issued.[1]
[Gen. Ords. 1959, § 51.14[1]]
No person shall drive or convey through any public street any
vehicle the width of which, with its load, exceeds those measurements
set forth in Section 304.170, RSMo., except in accordance with a permit
obtained from the Traffic Engineer.
[Gen. Ords. 1959, § 51.11[1]]
Muffler cutouts shall not be used and no vehicle shall be driven
in the City 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.
[Gen. Ords. 1959, § 51.12[1]]
(a)
When
lights required.
(1)
Definition. "When lighted lamps are required" means at any time from
a 1/2 hour after sunset to 1/2 hour before sunrise and at any other
time when there is not sufficient light to render clearly discernible
persons and vehicles on the highway at a distance of 500 feet ahead.
Lighted lamps shall also be required any time the weather conditions
require usage of the motor vehicle's windshield wipers to operate
the vehicle in a careful and prudent manner as defined in Section
304.012, RSMo. The provisions of this section shall be interpreted
to require lighted lamps during periods of fog even if usage of the
windshield wipers is not necessary to operate the vehicle in a careful
and prudent manner.
(2)
Requirement; violations and penalties.
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 hereinafter
in this section required. 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.
Notwithstanding the provisions of Section 307.120, RSMo., or any
other provision of law, violation of this section shall be deemed
an ordinance violation and any person who violates this section as
it relates to violations of the usage of lighted lamps required due
to weather conditions or fog shall only be fined $10 and no court
costs shall be assessed. (RSMo. §§ 307.020.9, 307.0400)
(b)
Headlamps
on motor vehicles. Except as in this subsection provided, every motor
vehicle other than a motor-drawn vehicle and other than a motorcycle
shall be equipped with at least two approved headlamps mounted at
the same level, with at least one on each side of the front of the
vehicle. Every motorcycle shall be equipped with at least one and
not more than two approved headlamps. Every motorcycle equipped with
a sidecar or other attachment shall be equipped with a lamp on the
outside limit of such attachment capable of displaying a white light
to the front. (RSMo. § 307.045)
(c)
Multiple-beam
headlamps; arrangement. Except as hereinafter provided, the headlamps
or the auxiliary driving lamp or the auxiliary passing lamp or combination
thereof on motor vehicles other than motorcycles or motor-driven cycles
shall be so arranged that the driver may select at will between distributions
of light projected to different elevations, and such lamps may, in
addition, be so arranged that such selection can be made automatically,
subject to the following limitations:
(1)
There shall be an uppermost distribution of light, or composite beam,
so aimed and of such intensity as to reveal persons and vehicles at
a distance of at least 350 feet ahead for all conditions of loading.
(2)
There shall be a lowermost distribution of light, or composite beam,
so aimed and of sufficient intensity to reveal persons and vehicles
at a distance of at least 100 feet ahead; and on a straight level
road under any condition of loading none of the high-intensity portion
of the beam shall be directed to strike the eyes of an approaching
driver. (RSMo. § 307.060)
(d)
Dimming
of lights. Every person driving a motor vehicle equipped with multiple-beam
road lighting equipment, during the times when lighted lamps are required,
shall use a distribution of light, or composite beam, directed high
enough and of sufficient intensity to reveal persons and vehicles
at a safe distance in advance of the vehicle, subject to the following
requirements and limitations: Whenever the driver of a vehicle approaches
an oncoming vehicle within 500 feet or is within 300 feet to the rear
of another vehicle traveling in the same direction, the driver shall
use a distribution of light, or composite beam, so aimed that the
glaring rays are not projected into the eyes of the other driver,
and in no case shall the high-intensity portion which is projected
to the left of the prolongation of the extreme left side of the vehicle
be aimed higher than the center of the lamp from which it comes at
a distance of 25 feet ahead, and in no case higher than a level of
42 inches above the level upon which the vehicle stands at a distance
of 75 feet ahead. (RSMo. § 307.070)
(e)
Taillamps;
reflectors.
(1)
Every motor vehicle and every motor-drawn vehicle shall be equipped
with at least two rear lamps, not less than 15 inches or more than
72 inches above the ground upon which the vehicle stands, which when
lighted will exhibit a red light plainly visible from a distance of
500 feet to the rear. Either such rear lamp or a separate lamp shall
be so constructed and placed as to illuminate with a white light the
rear registration marker and render it clearly legible from a distance
of 50 feet to the rear. When the rear registration marker is illuminated
by an electric lamp other than the required rear lamps, all such lamps
shall be turned on or off only by the same control switch at all times.
(2)
Every motorcycle registered in this state, when operated on a highway,
shall also carry at the rear, either as part of the rear lamp or separately,
at least one approved red reflector which shall be of such size and
characteristics and so maintained as to be visible during the times
when lighted lamps are required from all distances within 300 feet
to 50 feet from such vehicle when directly in front of a motor vehicle
displaying lawful undimmed headlamps. A motorcycle may be equipped
with a means of varying the brightness of the vehicle's brake light
for a duration of not more than five seconds upon application of the
vehicle's brakes.
(3)
Every new passenger car, new commercial motor vehicle, motor-drawn
vehicle and omnibus with a capacity of more than six passengers registered
in this state after January 1, 1966, when operated on a highway shall
also carry at the rear at least two approved red reflectors, at least
one at each side, so designed, mounted on the vehicle and maintained
as to be visible during the times when lighted lamps are required
from all distances within 500 to 50 feet from such vehicle when directly
in front of a motor vehicle displaying lawful undimmed headlamps.
Every such reflector shall meet the requirements of this section and
shall be mounted upon the vehicle at a height not to exceed 60 inches
nor less than 15 inches above the surface upon which the vehicle stands.
(4)
Any person who knowingly operates a motor vehicle without the lamps
required in this subsection in operable condition is guilty of an
ordinance violation. (RSMo. § 307.075)
(f)
Auxiliary
lamps. Any motor vehicle may be equipped with not to exceed three
auxiliary lamps mounted on the front at a height not less than 12
inches nor more than 42 inches above the level surface upon which
the vehicle stands. (RSMo. § 307.080)
(g)
Cowl,
fender, running board and backup lamps. Any motor vehicle may be equipped
with not more than two side cowl or fender lamps which shall emit
a white or yellow light without glare. Any motor vehicle may be equipped
with not more than one running board courtesy lamp on each side thereof
which shall emit a white or yellow light without glare. Any motor
vehicle may be equipped with a backup lamp either separately or in
combination with another lamp, except that no such backup lamp shall
be continuously lighted when the motor vehicle is in forward motion.
(RSMo. § 307.085)
(h)
Spotlamps.
Any motor vehicle may be equipped with not to exceed one spotlamp,
but every lighted spotlamp shall be so aimed and used so as not to
be dazzling or glaring to any person. (RSMo. § 307.090)
(i)
Colors
of various lamps; restriction of red lights. Headlamps, when lighted,
shall exhibit lights substantially white in color; auxiliary lamps,
cowl lamps and spotlamps, when lighted, shall exhibit lights substantially
white, yellow or amber in color. No person shall drive or move any
vehicle or equipment, except a school bus when used for school purposes
or an emergency vehicle, upon any street or highway with any lamp
or device thereon displaying a red light visible from directly in
front thereof. (RSMo. § 307.095)
(j)
Limitations on lamps other than headlamps; flashing signals prohibited except on specified vehicles. Any lighted lamp or illuminating device upon a motor vehicle, other than headlamps, spotlamps, front direction signals or auxiliary lamps, which projects a beam of light of an intensity greater than 300 candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle. Alternately flashing warning signals may be used on school buses when used for school purposes and on motor vehicles when used to transport United States mail from post offices to boxes of addressees thereof and on emergency vehicles as defined in § 14-1 of this chapter and on buses owned or operated by churches, mosques, synagogues, temples or other houses of worship and on commercial passenger transport vehicles or railroad passenger cars that are stopped to load or unload passengers, but are prohibited on other motor vehicles, motorcycles and motor-drawn vehicles except as a means for indicating a right or left turn. (RSMo. § 307.100)
(k)
Limitation
on total of lamps lighted at one time. At the times when lighted lamps
are required, at least two lighted lamps shall be displayed, one on
each side of the front of every motor vehicle except a motorcycle
and except a motor-drawn vehicle except when such vehicle is parked
subject to the provisions governing lights on parked vehicles. Whenever
a motor vehicle equipped with headlamps as in this section required
is also equipped with any auxiliary lamps or a spotlamp or any other
lamp on the front thereof projecting a beam of an intensity greater
than 300 candlepower, not more than a total of four of any such lamps
on the front of a vehicle shall be lighted at any one time when upon
a highway. (RSMo. § 307.105)
(l)
Other
vehicles. All vehicles, including agricultural machinery or implements,
road machinery, road rollers, traction engines and farm tractors,
not in this section specifically required to be equipped with lamps,
shall be equipped during the times when lighted lamps are required
with at least one lighted lamp or lantern exhibiting a white light
visible from a distance of 500 feet to the front of such vehicle and
with a lamp or lantern exhibiting a red light visible from a distance
of 500 feet to the rear, and such lamps and lanterns shall exhibit
lights to the sides of such vehicle. (RSMo. § 307.115)
(m)
Animal-driven
vehicles.
(1)
Any person who shall place or drive or cause to be placed or driven
upon or along any state highway of this City any animal-driven vehicle
whatsoever, whether in motion or at rest, shall after sunset to 1/2
hour before sunrise have attached to every such vehicle at the rear
thereof a red taillight or a red reflecting device of not less than
three inches in diameter of effective area or its equivalent in area.
When such device shall consist of reflecting buttons, there shall
be no fewer than seven of such buttons covering an area equal to a
circle with a three-inch diameter. The total subtended effective angle
of reflection of every such device shall be no less than 60° and
the spread and efficiency of the reflected light shall be sufficient
for the reflected light to be visible to the driver of any motor vehicle
approaching such animal-drawn vehicle from the rear at a distance
of not less than 500 feet.
(2)
In addition, any person who operates any such animal-driven vehicle
during the hours between sunset and 1/2 hour before sunrise shall
have at least one light flashing at all times the vehicle is on any
highway of this City. Such light or lights shall be amber in the front
and red in the back and shall be placed on the left side of the vehicle
at a height of no more than six feet from the ground and shall be
visible from the front and the back of the vehicle at a distance of
at least 500 feet.
(3)
Any person operating an animal-driven vehicle during the hours between
sunset and 1/2 hour before sunrise may, in lieu of the requirements
of Subsection (m)(2) of this subsection, use lamps or lanterns complying
with the rules promulgated by the Director of the Department of Public
Safety.
(4)
Any person violating the provisions of this subsection shall be guilty
of an ordinance violation. (RSMo. § 307.125)
[Gen. Ords. 1959, § 51.10]
Every motor vehicle shall be equipped with a horn, directed
forward, capable of emitting a sound adequate in quantity and volume
to give warning of the approach of such vehicle to other users of
the street 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, except by emergency vehicles.
[1]
Editor's Note: Former § 14-359, Removal and disposition of unattended vehicle; limitations of liability; notice to security holder; possessory lien, derived from Ord. No. 5718, § 1, 7-3-1974; Ord. No. 5991, § 1, 7-15-1986; Ord. No. 6076, § 1, 2-10-1977; Ord. No. 7698, § 1, 10-15-1987, and § 14-360, Abandonment of vehicles, derived from Ord. No. 5717, §§ 1-8, 7-3-1974; Ord. No. 6076, § 2, 2-10-1977; Ord. No. 6274, §§ 1-3, 4-18-1978; Ord. No. 6947, § 1, 10-7-1982; Ord. No. 7698, § 2, 10-15-1987, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Art. II, Div. 4, Abandoned vehicles, of this chapter.
[Ord. No. 5992, §§ 1-3, 7-15-1976; Ord. No. 7462, §§ 1-2, 2-6-1986]
(a)
The following vehicles shall be prohibited from being parked on public
rights-of-way within any residential zoning district unless such vehicle
is being used to make a delivery or service call:
(b)
Any person who shall violate the provisions of this section shall
be deemed guilty of a misdemeanor and upon conviction thereof shall
be fined not less than $5 nor more than $100. Every twenty-four-hour
period such violation shall continue shall constitute a separate offense
and be punishable as provided herein.
[Ord. No. 7723, § 1, 12-17-1987; Ord. No. 10082, § 1, 8-2-2012]
(a)
CHILD BOOSTER SEAT
CHILD PASSENGER RESTRAINT SYSTEM
DRIVER
Definitions. As used in this section, the following terms shall mean:
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 571.213, as amended, that is designed
to elevate a child to properly sit in a federally approved safety
belt system.
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 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.
A person who is in actual physical control of a motor vehicle.
(b)
Requirements. Every driver transporting a child under the age of
16 years shall be responsible, when transporting such child in a motor
vehicle operated by that driver on the streets or highways of the
City, for providing for the protection of such child as follows:
(1)
Children less than four years of age, regardless of weight,
shall be secured in a child passenger restraint system appropriate
for that child;
(2)
Children weighing less than 40 pounds, regardless of age, shall
be secured in a child passenger restraint system appropriate for that
child;
(3)
Children at least four years of age but less than eight years
of age, who also weigh at least 40 pounds but less than 80 pounds,
and who are also less than four feet, nine inches tall, shall be secured
in a child passenger restraint system or booster seat appropriate
for that child;
(4)
Children at least 80 pounds or children more than four feet,
nine 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.
|
This subsection shall only apply to the use of a child passenger
restraint system or vehicle safety belt for children less than 16
years of age being transported in a motor vehicle.
|
(c)
Violation. Any person who shall be in violation of this section shall be subject to prosecution and, upon conviction, shall be subject to the penalties provided in § 1-8 of the Code of Ordinances.
(d)
Exception. 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 years of age or older who are passengers on
a school bus designed for carrying 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.
(a)
"Passenger car" defined. As used in this section, the term "passenger
car" means every motor vehicle designed for carrying 10 persons or
less and used for the transportation of persons; except that the term
"passenger car" shall not include motorcycles, motorized bicycles,
motor tricycles, and trucks with a licensed gross weight of 12,000
pounds or more.
(b)
Requirements; exceptions. 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 within the City, and persons less than 18 years of age operating or riding in a truck, as defined in Section 301.010, RSMo., on a street or highway within the City shall wear a properly adjusted and fastened safety belt that meets federal National Highway Transportation and Safety Act requirements; except that a child less than 16 years of age shall be protected as required in § 14-362. The provisions of this section shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about his or her body.
(c)
Authority to stop. Any police officer may stop any motor vehicle solely on the basis of a violation or suspected violation by either the driver or passenger failing to have a fastened seat safety belt or a child under the age of 16 years of age who is not protected as required under § 14-362 of this Code while such motor vehicle is being operated on any public street or road within the corporate limits of the City of Kirkwood.
(d)
Violation. Any person who shall be in violation of this section shall
be subject to being assessed a fine in the sum of $10. No court costs
may be imposed if court costs have been assessed on any other charges
arising out of the same occurrence.
[Ord. No. 7811, § 5, 10-6-1988]
Every all-terrain vehicle, except those used in competitive
events, shall have the following equipment:
(1)
A lighted headlamp and taillamp which shall be in operation at any
time an all-terrain vehicle is being used on any street, alley or
highway in this City;
(2)
An equilateral triangular emblem, to be mounted on the rear of such
vehicle at least two feet above the roadway when such vehicle is operated
upon any street, alley or highway. The emblem shall be constructed
of substantial material with fluorescent yellow-orange finish in a
reflective, red border at least one inch in width. Each side of the
emblem shall measure at least 10 inches;
(3)
A braking system maintained in good operating condition;
(4)
An adequate muffler system in good working condition; and
[Ord. No. 10492, 6-7-2018]
(5)
A United States Forest Service qualified spark arrester.
[Ord. No. 10555, 2-7-2019]
(a)
LOW-SPEED VEHICLE
Definitions. As used in this section, the following terms shall
have the meanings indicated:
A motor vehicle that is four-wheeled and is not capable of
exceeding speeds of 25 miles per hour on a paved level surface; whose
gross vehicle weight is less than 3,000 pounds; and conforms to the
definition and requirements for low-speed vehicles, as adopted in
the federal motor vehicle safety standards for low-speed vehicles,
as adopted under 49 CFR 571.500.
(b)
Low-speed vehicle regulations.
(1)
No low-speed vehicle shall be operated upon any state highway,
and no low-speed vehicle shall be operated upon a City street with
a posted speed limit greater than 25 miles per hour, provided, however,
that this shall not prohibit a low-speed vehicle operator otherwise
meeting all applicable requirements from crossing the low-speed vehicle
at an intersection of any state highway or a City street with a posted
speed limit greater than 25 miles per hour so long as the posted speed
limit of the state highway or City street at the point of crossing
is not greater than 35 miles per hour.
(2)
Low-speed vehicles operated on City streets shall be equipped
with:
a.
Two headlamps;
b.
Front and rear turn signals;
c.
Two tail/brake lights;
d.
Reflex reflectors; one red on each side as far to the rear as
practicable and one red on the rear;
e.
An exterior mirror mounted on the driver's side and either an
exterior mirror on the passenger side or an interior rearview mirror;
f.
A parking brake;
g.
A windshield that conforms to the requirements of the federal
motor vehicle safety standard of glazing materials (49 CFR 571.205);
h.
A serial number, manufacturer's code, or vehicle identification
number; and
i.
A type 1 or type 2 seatbelt assembly conforming to 49 CFR 571.209
and Federal Motor Vehicle Standard 209 for each designated seating
position.
(3)
Each person operating a low-speed vehicle on City streets shall
possess a valid driver's license.
(4)
The low-speed vehicle shall be insured for liability coverage
for operation of the low-speed vehicle upon a City street, alley or
highway. Proof of such financial responsibility and insurance coverage
shall be carried at all times in the insured low-speed vehicle or
by the operator of the low-speed vehicle, and shall be produced upon
demand by any police officer who lawfully stops such low-speed vehicle
operator. However, no person shall be found guilty of failing to produce
proof of financial responsibility if the operator demonstrates to
the court that he or she met the financial responsibility requirements
of this section at the time the police officer wrote the citation.
(5)
No person shall ride on or operate a low-speed vehicle upon
any sidewalk within the City or within the boundaries of any City
park, except in designated parking areas.
(6)
The low-speed vehicle shall be operated for noncommercial purposes.
(7)
The low-speed vehicle operator and any passengers in the low-speed
vehicle shall wear a properly adjusted and fastened safety belt.
(8)
The low-speed vehicle operator shall observe all state traffic
laws and City ordinance provisions regarding the rules of the road
while operating the low-speed vehicle upon a City street, state highway
or alley.
[Ord. No. 8548, § 1, 9-19-1996]
No person, firm, or corporation shall operate or park a motor
vehicle or trailer upon a highway, roadway or alleyway of the City
of Kirkwood unless the vehicle or trailer displays a Certificate of
Inspection and Approval in accordance with §§ 307.350-307.390,
RSMo., providing for motor vehicle safety inspection. This section
shall not apply to any motor vehicle owned and/or operated by the
City of Kirkwood.
[Ord. No. 8549, § 1, 9-19-1996; Ord. No. 10492, 6-7-2018]
(a)
No
owner of a motor vehicle registered in this state, or required to
be registered in this state, shall operate, register or maintain registration
of a motor vehicle, or permit another person to operate such vehicle,
unless the owner maintains the financial responsibility which conforms
to the requirements of the laws of this state. No nonresident shall
operate or permit another person to operate in this City a motor vehicle
registered to such nonresident unless the nonresident maintains the
financial responsibility which conforms to the requirements of the
laws of the nonresident's state of residence. 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 or nonresident
shall be in violation of this subsection if he/she fails to maintain
financial responsibility on a motor vehicle which is inoperable or
being stored and not in operation.
(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 $25,000 because of bodily injury
to or death of one person in any one accident and, subject to said
limit for one person, in the amount of $50,000 because of bodily injury
to or death of two or more persons in any one accident and in the
amount of $10,000 because of injury to or destruction of property
of others in any one accident.
(c)
Proof
of financial responsibility may be shown by any of the following:
(1)
A current 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 digits
of the vehicle identification number or the word "Fleet" if the insurance
policy covers five or more motor vehicles shall be satisfactory evidence
of insurance in lieu of an insurance identification card; or
(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.; or
(4)
A photocopy or an image displayed on a mobile electronic device as
authorized by and subject to the restrictions of Section 303.024,
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)
However,
no person shall be found guilty of violating this section if the operator
demonstrates to the court that he/she met the financial responsibility
requirements of Section 303.025, RSMo., at the time the peace officer
wrote the citation.
(f)
Any
person who violates any provisions of this section shall be guilty
of an ordinance violation. (RSMo. §§ 303.025, 2011,
303.160, 303.190, 303.024)
No person shall operate any truck, as defined in Section 301.010,
RSMo., with a licensed gross weight of less than 12,000 pounds when
such truck is operated within the corporate limits of this City when
any person under 18 years of age is riding in the unenclosed bed of
such truck. No person under 18 years of age shall ride in the unenclosed
bed of such truck when the truck is in operation. Any person who operates
a truck with a licensed gross weight of less than 12,000 pounds in
violation of this section shall, upon conviction, be punished by a
fine of not more than $25 plus court costs. The provisions of this
section shall not apply to:
(1)
An employee engaged in the necessary discharge of the employee's
duties where it is necessary to ride in the unenclosed bed of the
truck;
(2)
Any person while engaged in agricultural activities where it is necessary
to ride in the unenclosed bed of the truck;
(3)
Any person riding in the unenclosed bed of a truck while such truck
is being operated in a parade, caravan or exhibition which is authorized
by law;
(4)
Any person riding in the unenclosed bed of a truck if such truck
has installed a means of preventing such person from being discharged
or such person is secured to the truck in a manner which will prevent
the person from being thrown, falling or jumping from the truck;
(5)
Any person riding in the unenclosed bed of a truck if such truck
is being operated solely for the purposes of participating in a special
event and it is necessary that the person ride in such unenclosed
bed due to a lack of available seating. "Special event," for the purposes
of this section, is a specific social activity of a definable duration
which is participated in by the person riding in the unenclosed bed;
(6)
Any person riding in the unenclosed bed of a truck if such truck
is being operated solely for the purposes of providing assistance
to, or ensuring the safety of, other persons engaged in a recreational
activity; or
(7)
Any person riding in the unenclosed bed of a truck if such truck
is the only legally titled, licensed and insured vehicle owned by
the family of the person riding in the unenclosed bed and there is
insufficient room in the passenger cab of the truck to accommodate
all passengers in such truck. For the purposes of this section the
term "family" shall mean any persons related within the first degree
of consanguinity.
