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.
A.
FUNERAL DIRECTOR
FUNERAL LEAD VEHICLE or LEAD VEHICLE
ORGANIZED FUNERAL PROCESSION
Definitions. As used in this Section, the following terms shall mean:
A person licensed as a funeral director pursuant to the provisions
of Chapter 333, RSMo.
Any motor vehicle equipped with at least one (1) lighted
circulating lamp exhibiting an amber or purple light or lens or alternating
flashing headlamps visible under normal atmospheric conditions for
a distance of five hundred (500) feet from the front of the vehicle.
A hearse or coach properly equipped may be a lead vehicle.
Two (2) 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 one hundred dollars ($100.00).
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.
A.
A person operating a motorcycle shall ride only upon the permanent
and regular seat attached thereto, and such operator shall not carry
any other person nor shall any other person ride on a motorcycle unless
such motorcycle is designed to carry more than one (1) person, in
which event a passenger may ride upon the permanent and regular seat
if designed for two (2) persons or upon another seat firmly attached
to the rear or side of the operator.
B.
The operator of a motorized bicycle shall ride only astride the permanent
and regular seat attached thereto and shall not permit more than one
(1) person to ride thereon at the same time, unless the motorized
bicycle is designed to carry more than one (1) person. Any motorized
bicycle designed to carry more than one (1) person must be equipped
with a passenger seat and footrests for the use of a passenger.
A.
No person shall ride a bicycle upon a sidewalk within a business
district.
B.
Whenever any person is riding a bicycle upon a sidewalk, such person
shall yield the right-of-way to any pedestrian and shall give audible
signal before overtaking and passing such pedestrian.
C.
No person shall ride a motorized bicycle upon a sidewalk.
[Ord. No. 401 § 340.120, 8-18-2015; Ord.
No. 499, 2-2-2021]
A.
Purpose Of Policy. The purpose of this policy is to define utility
vehicles, golf carts, all-terrain vehicles and recreational off-highway
vehicles and the requirements for use on highways, City streets and
alleyways located inside the City limits.
B.
ALL-TERRAIN VEHICLES
GOLF CARTS
RECREATIONAL OFF-HIGHWAY VEHICLES
SPECIAL USE PERMIT
UTILITY VEHICLES
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
Any motorized vehicle manufactured and used exclusively for
off-highway use, with an unladen dry weight of one thousand five hundred
(1,500) pounds or less, traveling on three (3), four (4), or more
non-highway tires, with either:
A motor vehicle that is designed and manufactured for operating
on a golf course for sporting or recreational purposes and that is
not capable of exceeding speeds of twenty (20) miles per hour.
Recreational off-highway vehicle is any motorized vehicle
manufactured and used exclusively for off-highway use which is more
than fifty (50) inches but no more than sixty-seven (67) inches in
width, with an unladen dry weight of two thousand (2,000) pounds or
less, traveling on four (4) or more non-highway tires and which may
have access to ATV trails.
Special use permit is a permit allowing individuals to operate
the above defined vehicles on City roadways in compliance with this
Section.
Any motorized vehicle manufactured and used exclusively for
off-highway use which is more than fifty (50) inches but no more than
sixty-seven (67) inches in width, with an unladen dry weight of two
thousand (2,000) pounds or less, traveling on four (4) or six (6)
wheels, to be used primarily for landscaping, lawn care, or maintenance
purposes.
C.
Requirements for operating a utility vehicle, golf cart, all-terrain
vehicle, and recreational off-highway vehicle within the City:
1.
All utility vehicles, golf carts, all-terrain vehicles, and
recreational off-highway vehicles shall be registered with the City
and issued a permit yearly. The City Clerk shall prepare an application
form for the special use permit and charge a fee of fifteen dollars
($15.00) for each permit. A sticker with identifying numbers shall
be attached to the rear of registered utility vehicle, golf cart,
all-terrain vehicle, or recreational off-highway vehicle and be visible
for inspection per request. This shall be done each calendar year
per utility vehicle, golf cart, all-terrain vehicle, or recreational
off-highway vehicle or if there is a change in ownership.
2.
Any individual operating a utility vehicle, golf cart, or all-terrain
vehicle, shall be at least fifteen (15) years old and have a valid
State-issued permit or driver's license, but is not required to pass
an examination for the operation of a motorcycle. Any person operating
with a State-issued permit any utility vehicle, golf cart, or all-terrain
vehicle shall be in compliance with all rules and regulations set
forth by. Any person operating a recreational off-highway vehicle
on a roadway shall have a valid operator's or chauffeur's license,
except that a handicapped person operating such vehicle for short
distances occasionally, but shall not be required to have passed an
examination for the operation of a motorcycle.
3.
All utility vehicle, golf cart, all-terrain vehicle, and recreational
off-highway vehicle shall be insured and such proof of insurance shall
specifically list the utility vehicle, golf cart, all-terrain vehicle,
or recreational off-highway vehicle as referenced by the serial number
and year of model. The insurance shall be available per request.
4.
No person shall authorize or knowingly permit any utility vehicle,
golf cart, all-terrain vehicle, or recreational off-highway vehicle
owned by him/her or under his/her control to be driven upon any roadway
located inside the City limits by any person who is not authorized
hereunder or in violation of any of the provisions of this Section.
5.
Any individual operating utility vehicle, all-terrain vehicle,
or recreational off-highway vehicle that is not equipped with a roll
bar or roll cage shall wear a securely fastened safety helmet on his
or her head.
6.
Any individual operating a utility vehicle, golf cart, all-terrain
vehicle, or recreational off-highway vehicle shall wear a properly
fastened seat belt if equipped.
7.
All utility vehicle, golf cart, all-terrain vehicle, and recreational
off-highway vehicle shall be operated at a speed of less than twenty
(20) miles per hour; and shall obey speed zones that may be less than
twenty (20) miles per hour.
8.
All utility vehicle, golf cart, all-terrain vehicle, and recreational
off-highway vehicle shall have a bicycle safety flag, which extends
not less than seven (7) feet above the ground, attached to the rear
of the vehicle; the flag shall be day-glow colored and shall be triangular
shaped, with an area not less than thirty (30) square inches.
9.
Notwithstanding other provisions of this Section, utility vehicles
operated on the City streets must comply with safety standards as
outlined in 49 CFR 571.500.
10.
An individual shall not operate a recreational off-highway vehicle
upon a roadway in this City without displaying a lighted headlamp
and a lighted tail lamp. When operated on a highway, a recreational
off-highway vehicle shall be equipped with a roll bar or roll cage
construction to reduce the risk of injury to an occupant of the vehicle
in case of the vehicle's rollover.
D.
No individual operating a utility vehicle, golf cart, all-terrain
vehicle, or recreational off-highway vehicle shall:
1.
Operate in any careless or imprudent manner so as to endanger
any person or property of any person.
2.
Operate while under the influence of alcohol or controlled substance.
3.
Operate between the hours of official sunset and sunrise, unless
it is properly equipped with headlights, tail lights, brake lights
and turn signals.
4.
Operate on any City street with a speed limit of thirty (30)
miles per hour or higher.
5.
No person shall operate any utility vehicle, golf cart, all-terrain
vehicle, or recreational off-highway vehicle on any Federal, State
or County highways, except to cross; or across any Federal or State
highway at an intersection where the highway being crossed has a posted
speed limit of more than forty-five (45) miles per hour.
6.
Prohibited In Streams, Exceptions. No person shall operate any
utility vehicle, golf cart, all-terrain vehicle, or recreational off-highway
vehicle within any stream or river in this City, except within waterways
that flow within the boundaries of land that the operator owns or
has permission to be upon.
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.
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.
A.
All
vehicles not in motion shall be placed with their right side as near
the right-hand side of the highway as practicable, except on streets
of the City where vehicles are obliged to move in one direction only
or parking of motor vehicles is regulated by ordinance.
B.
Upon all public roads or highways of sufficient width, a vehicle
shall be driven upon the right-half of the roadway, except as follows:
1.
When overtaking and passing another vehicle proceeding in the
same direction pursuant to the rules governing such movement;
2.
When placing a vehicle in position for and when such vehicle
is lawfully making a left turn in compliance with the provisions of
this Title;
3.
When the right-half of a roadway is closed to traffic while
under construction or repair;
4.
Upon a roadway designated by local ordinance as a one-way street
and marked or signed for one-way traffic.
C.
It is unlawful to drive any vehicle upon any highway or road which
has been divided into two (2) or more roadways by means of a physical
barrier or by means of a dividing section or delineated by curbs,
lines or other markings on the roadway except to the right of such
barrier or dividing section or to make any left turn or semicircular
or U-turn on any such divided highway, except at an intersection or
interchange or at any signed location designated by the State Highways
and Transportation Commission or the Department of Transportation.
The provisions of this Subsection shall not apply to emergency vehicles,
law enforcement vehicles or to vehicles owned by the Commission or
the Department.
D.
The
Chief of Police may erect signs temporarily designating lanes to be
used by traffic moving in a particular direction, regardless of the
center line of the highway, and Police Officers may direct traffic
in conformance with such signs. When authorized signs have been erected
designating off-center traffic lanes, no person shall disobey the
instructions given by such signs.
E.
Whenever any roadway has been divided into three (3) or more clearly
marked lanes for traffic, the following rules in addition to all other
consistent herewith shall apply:
1.
A vehicle shall be driven as nearly as practicable entirely
within a single lane and shall not be moved from such lane until the
driver has first ascertained that such movement can be made with safety.
2.
Upon a roadway which is divided into three (3) lanes, a vehicle
shall not be driven in the center lane except when overtaking and
passing another vehicle where the roadway ahead is clearly visible
and such center lane is clear of traffic within a safe distance, or
in preparation for a left turn, or where such center lane is at the
time allocated exclusively to traffic moving in the direction the
vehicle is proceeding and is signposted to give notice of such allocation.
3.
Upon all highways any vehicle proceeding at less than the normal
speed of traffic thereon shall be driven in the right-hand lane for
traffic or as close as practicable to the right-hand edge or curb,
except as otherwise provided in Sections 304.014 to 304.026, RSMo.
4.
Official signs may be erected by the State Highways and Transportation
Commission, or the Highway Patrol may place temporary signs directing
slow-moving traffic to use a designated lane or allocating specified
lanes to traffic moving in the same direction, and drivers of vehicles
shall obey the directions of every such sign.
5.
Drivers of vehicles proceeding in opposite directions shall
pass each other to the right and, except when a roadway has been divided
into traffic lanes, each driver shall give to the other at least one-half
(1/2) of the main traveled portion of the roadway whenever possible.
F.
All vehicles in motion upon a highway having two (2) or more lanes
of traffic proceeding in the same direction shall be driven in the
right-hand lane except when overtaking and passing another vehicle
or when preparing to make a proper left turn or when otherwise directed
by traffic markings, signs or signals.
G.
All trucks registered for a gross weight of more than forty-eight
thousand (48,000) pounds shall not be driven in the far left-hand
lane upon all interstate highways, freeways, or expressways within
urbanized areas of the State having three (3) or more lanes of traffic
proceeding in the same direction. This restriction shall not apply
when:
H.
As used in Subsection (G) of this Section, "truck" means any vehicle, machine, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed for or used in the transportation of property upon the highways. The term "truck" also includes a commercial motor vehicle as defined in Section 300.010 of this Title.
A.
The following rules shall govern the overtaking and passing of vehicles
proceeding in the same direction, subject to the limitations and exceptions
hereinafter stated:
1.
The driver of a vehicle overtaking another vehicle proceeding
in the same direction shall pass to the left thereof at a safe distance
and shall not again drive to the right side of the roadway until safely
clear of the overtaken vehicle; and
2.
Except when overtaking and passing on the right is permitted,
the driver of an overtaken vehicle shall give way to the right in
favor of the overtaking vehicle and shall not increase the speed of
such driver's vehicle until completely passed by the overtaking vehicle.
B.
Passing To The Right Of Another Vehicle.
1.
The driver of a motor vehicle may overtake and pass to the right
of another vehicle only under the following conditions:
2.
The driver of a motor vehicle may overtake and pass another
vehicle upon the right only under the foregoing conditions when such
movement may be made in safety. In no event shall such movement be
made by driving off the paved or main traveled portion of the roadway.
The provisions of this Subsection shall not relieve the driver of
a slow-moving vehicle from the duty to drive as closely as practicable
to the right-hand edge of the roadway.
C.
Except when a roadway has been divided into three (3) traffic lanes,
no vehicle shall be driven to the left side of the center line of
a highway or public road in overtaking and passing another vehicle
proceeding in the same direction unless such left side is clearly
visible and is free of oncoming traffic for a sufficient distance
ahead to permit such overtaking and passing to be completely made
without interfering with the safe operation of any vehicle approaching
from the opposite direction or any vehicle overtaken.
D.
No vehicle shall at any time be driven to the left side of the roadway
under the following conditions:
1.
When approaching the crest of a grade or upon a curve of the
highway where the driver's view is obstructed within such distance
as to create a hazard in the event another vehicle might approach
from the opposite direction.
2.
When the view is obstructed upon approaching within one hundred
(100) feet of any bridge, viaduct, tunnel or when approaching within
one hundred (100) feet of or at any intersection.
A.
No person shall stop or suddenly decrease the speed of or turn a
vehicle from a direct course or move right or left upon a roadway
unless and until such movement can be made with reasonable safety
and then only after the giving of an appropriate signal in the manner
provided herein.
1.
An operator or driver when stopping, or when checking the speed
of the operator's vehicle if the movement of other vehicles may reasonably
be affected by such checking of speed, shall extend such operator's
arm at an angle below horizontal so that the same may be seen in the
rear of the vehicle.
2.
An operator or driver intending to turn the vehicle to the right
shall extend such operator's arm at an angle above horizontal so that
the same may be seen in front of and in the rear of the vehicle and
shall slow down and approach the intersecting highway as near as practicable
to the right side of the highway along which such operator is proceeding
before turning.
3.
An operator or driver intending to turn the vehicle to the left
shall extend such operator's arm in a horizontal position so that
the same may be seen in the rear of the vehicle and shall slow down
and approach the intersecting highway so that the left side of the
vehicle shall be as near as practicable to the center line of the
highway along which the operator is proceeding before turning.
4.
The signals herein required shall be given either by means of
the hand and arm or by a signal light or signal device in good mechanical
condition of a type approved by the State Highway Patrol; however,
when a vehicle is so constructed or loaded that a hand and arm signal
would not be visible both to the front and rear of such vehicle, then
such signals shall be given by such light or device. A vehicle shall
be considered as so constructed or loaded that a hand and arm signal
would not be visible both to the front and rear when the distance
from the center of the top of the steering post to the left outside
limit of the body, cab or load exceeds twenty-four (24) inches, or
when the distance from the center of the top of the steering post
to the rear limit of the body or load thereon exceeds fourteen (14)
feet, which limit of fourteen (14) feet shall apply to single vehicles
or combinations of vehicles. The provisions of this Subsection shall
not apply to any trailer which does not interfere with a clear view
of the hand signals of the operator or of the signaling device upon
the vehicle pulling such trailer; provided, further, that the provisions
of this Section as far as mechanical devices on vehicles so constructed
that a hand and arm signal would not be visible both to the front
and rear of such vehicle as above provided shall only be applicable
to new vehicles registered within this State after the first day of
January 1954.
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 (8) 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 ten thousand (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 with a crossing control arm. The crossing control arm, when activated, shall extend a minimum of five (5) feet six (6) 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. This Subsection may be cited as "Jessica's Law" in commemoration of Jessica Leicht and all other Missouri school children who have been injured or killed during the operation of a school bus.
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 has the authority pursuant
to Section 304.050, RSMo., 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 (4) 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 (4) 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
(2) 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 five hundred (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 sixty (60) miles per
hour and at least three hundred (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, which is proceeding in the opposite direction on a highway
containing four (4) 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.
A.
The driver of a vehicle approaching an intersection shall yield the
right-of-way to a vehicle which has entered the intersection from
a different highway, provided however, there is no form of traffic
control at such intersection.
B.
When two (2) vehicles enter an intersection from different highways
at approximately the same time, the driver of the vehicle on the left
shall yield the right-of-way to the driver of the vehicle on the right.
This Subsection shall not apply to vehicles approaching each other
from opposite directions when the driver of one (1) of such vehicles
is attempting to or is making a left turn.
C.
The driver of a vehicle within an intersection intending to turn
to the left shall yield the right-of-way to any vehicle approaching
from the opposite direction which is within the intersection or so
close thereto as to constitute an immediate hazard.
D.
The driver of a vehicle intending to make a left turn into an alley,
private road or driveway shall yield the right-of-way to any vehicle
approaching from the opposite direction when the making of such left
turn would create a traffic hazard.
E.
Preferential right-of-way at an intersection may be indicated by
stop signs or yield signs as authorized in Section 304.351, RSMo.:
1.
Except when directed to proceed by a Police Officer or traffic-control
signal, every driver of a vehicle approaching a stop intersection
indicated by a stop sign shall stop at a clearly marked stop line,
but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic in the
intersecting roadway before entering the intersection. After having
stopped, the driver shall yield the right-of-way to any vehicle which
has entered the intersection from another highway or which is approaching
so closely on the highway as to constitute an immediate hazard during
the time when such driver is moving across or within the intersection.
2.
The driver of a vehicle approaching a yield sign shall in obedience
to the sign slow down to a speed reasonable to the existing conditions
and, if required for safety to stop, shall stop at a clearly marked
stop line, but if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway. After slowing or stopping the driver shall yield
the right-of-way to any vehicle in the intersection or approaching
on another highway so closely as to constitute an immediate hazard
during the time such traffic is moving across or within the intersection.
F.
The driver of a vehicle about to enter or cross a highway from an
alley, building or any private road or driveway shall yield the right-of-way
to all vehicles approaching on the highway to be entered.
G.
The City may, on any section of road where construction or major maintenance operations are being effected, fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of Section 340.160.
[1]
State Law Reference: This section has additional penalties
based on certain circumstances, § 304.351, RSMo.
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.
Except as otherwise provided in this Section, no person twenty-one
(21) years of age or younger operating a moving motor vehicle upon
the highways of this City shall, by means of a hand-held electronic
wireless communications device, send, read, or write a text message
or electronic message.
B.
Except as otherwise provided in this Section, no person shall operate
a commercial motor vehicle while using a hand-held mobile telephone.
C.
Except as otherwise provided in this Section, no person shall operate
a commercial motor vehicle while using a wireless communications device
to send, read or write a text message or electronic message.
D.
E.
Nothing in this Section shall be construed or interpreted as prohibiting
a person from making or taking part in a telephone call, by means
of a hand-held electronic wireless communications device, while operating
a non-commercial motor vehicle upon the highways of this City.
F.
As used in this Section, "electronic message" means a self-contained
piece of digital communication that is designed or intended to be
transmitted between hand-held electronic wireless communication devices.
"Electronic message" includes, but is not limited to, electronic mail,
a text message, an instant message, or a command or request to access
an internet site.
G.
As used in this Section, "hand-held electronic wireless communications
device" includes any hand-held cellular phone, palm pilot, blackberry,
or other mobile electronic device used to communicate verbally or
by text or electronic messaging, but shall not apply to any device
that is permanently embedded into the architecture and design of the
motor vehicle.
H.
As used in this Section, "making or taking part in a telephone call"
means listening to or engaging in verbal communication through a hand-held
electronic wireless communication device.
I.
As used in this Section, "send, read, or write a text message or
electronic message" means using a hand-held electronic wireless telecommunications
device to manually communicate with any person by using an electronic
message. Sending, reading, or writing a text message or electronic
message does not include reading, selecting, or entering a phone number
or name into a hand-held electronic wireless communications device
for the purpose of making a telephone call.
J.
A violation of this Section shall be deemed an ordinance violation.
K.
The provisions of this Section shall not apply to:
1.
The operator of a vehicle that is lawfully parked or stopped;
2.
Any of the following while in the performance of their official
duties: a law enforcement officer; a member of a fire department;
or the operator of a public or private ambulance;
3.
The use of factory-installed or aftermarket global positioning
systems (GPS) or wireless communications devices used to transmit
or receive data as part of a digital dispatch system;
4.
The use of voice-operated technology;
5.
The use of two-way radio transmitters or receivers by a licensee
of the Federal Communications Commission in the Amateur Radio Service.
A.
ACTIVE EMERGENCY
ACTIVE EMERGENCY ZONE
EMERGENCY RESPONDER
Definitions. As used in this Section,
the following terms shall have the meanings set out herein:
Any incident occurring on a highway, as the term "highway"
is defined in Section 302.010, RSMo., that requires emergency services
from any emergency responder.
Any area upon or around any highway, which is visibly marked
by emergency responders performing work for the purpose of emergency
response, and where an active emergency, or incident removal, is temporarily
occurring. This area includes the lanes of highway leading up to an
active emergency or incident removal, beginning within three hundred
(300) feet of visual sighting of:
Any law enforcement officer, paid or volunteer firefighter,
first responder, emergency medical worker, tow truck operator, or
other emergency personnel responding to an emergency on a highway.
B.
Offense Of Endangerment Of An Emergency Responder, Elements.
1.
A person commits the offense of endangerment of an emergency
responder for any of the following offenses when the offense occurs
within an active emergency zone:
a.
Exceeding the posted speed limit by fifteen (15) miles per hour
or more;
c.
Failure to stop for an active emergency zone flagman or emergency
responder, or failure to obey traffic control devices erected, or
personnel posted, in the active emergency zone for purposes of controlling
the flow of motor vehicles through the zone;
d.
Driving through or around an active emergency zone via any lane
not clearly designated for motorists to control the flow of traffic
through or around the active emergency zone;
e.
Physically assaulting, attempting to assault, or threatening
to assault an emergency responder with a motor vehicle or other instrument;
or
f.
Intentionally striking, moving or altering barrels, barriers,
signs or other devices erected to control the flow of traffic to protect
emergency responders and motorists unless the action was necessary
to avoid an obstacle, an emergency, or to protect the health and safety
of an occupant of the motor vehicle or of another person.
2.
Except for the offense established under Subsection (B)(1)(f) of this Section, no person shall be deemed to have committed the offense of endangerment of an emergency responder except when the act or omission constituting the offense occurred when one or more emergency responders were responding to an active emergency.
3.
No person shall be cited for, or found guilty of, endangerment of an emergency responder or aggravated endangerment of an emergency responder, for any act or omission otherwise constituting an offense under Subsection (B)(1) of this Section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle, or from the negligence of another person or emergency responder.
C.
Violations, Penalties.
1.
Upon the first conviction, finding of guilt or plea of guilty by any person for a moving violation, as the term "moving violation" is defined in Section 302.010, RSMo., or any offense listed in Section 302.302, RSMo., other than a violation described in Subsection (C)(2) of this Section, when the violation or offense occurs within an active emergency zone, the court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt, or plea of guilty, the court shall assess a fine of seventy-five dollars ($75.00) in addition to any other fine authorized by law.
2.
Upon the first conviction, finding of guilt or plea of guilty by any person for a speeding violation under either Section 304.009 or 304.010, RSMo., or Chapter 320 of this Code, or a passing violation under Subsection (C)(3) of this Section, when the violation or offense occurs within an active emergency zone and emergency responders were present in such zone at the time of the offense or violation, the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt or plea of guilty, the court shall assess a fine of three hundred dollars ($300.00) in addition to any other fine authorized by law. However, no person assessed an additional fine under this Subsection shall also be assessed an additional fine under Subsection (C)(1) of this Section.
3.
The driver of a motor vehicle shall not overtake or pass another
motor vehicle within an active emergency zone.
4.
The additional fines imposed by this Section shall not be construed
to enhance the assessment of court costs.
[R.O. 2012 § 385.010; Ord. No.
84 § P-11, 8-6-1979]
A.
FIRE LANES
PARKING LOT
SHOPPING CENTER
Definitions. For the purpose of this Section, the following terms
shall have the meanings designated.
Shall be designated and properly marked areas providing unobstructed
access to buildings for the Fire Department or other emergency vehicles
at such places on public parking lots or shopping centers as the Chief
of Police or his/her designated representative may deem necessary.
Any building or parcel of land regularly used in whole or
in part for the storing or parking of more than five (5) motor vehicles,
which is open to the general public, including but not limited to,
drive in facilities, commercial free courtesy lots, and lots for which
a fee is charged. "Parking lot" shall not include lots owned by a
person operated for the exclusive use of such person or for the employees
thereof.
A group of commercial establishments owned, planned, developed
and managed as a unit with off-street parking provided on property
(in direct relation to the building area) and related to the location
and type of commercial establishments that the center serves. The
term "shopping center" shall include a parking lot or lots related
to the various commercial establishments whether adjacent thereto
or not.
B.
Violations.
1.
Obstructing A Fire Lane. No person shall stop, stand, park or
leave a motor vehicle in any fire lane so designated and posted.
2.
Prohibited Parking Areas. No person shall park or leave a motor
vehicle in any area of a parking lot or shopping center other than
that designated by signs or graphic markings for such purpose. Prohibited
areas shall include, but are not limited to, streets, drives, loading
and unloading areas, areas designated and marked "no parking" and
"cross-walks."
3.
Operation Of Motor Vehicle. Every person operating a motor vehicle
into or upon a parking lot or shopping center shall drive the vehicle
in a careful and prudent manner 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.
4.
Speed Limit. Every person operating a motor vehicle into or
upon a parking lot or shopping center shall drive the vehicle at a
rate of speed not in excess of fifteen (15) miles per hour or at such
lesser speeds as may be required so as not to endanger the property
or the safety of others and shall observe all stop signs, traffic
lanes and traffic control devices in or upon a parking lot or shopping
center and shall exercise the highest degree of care in entering and
leaving parking spaces and shall adhere to all laws applicable to
the operation of a motor vehicle on public streets and highways with
regard to signaling, lights, backing, turning and sounding horn.
C.
Punishment. Any person who shall be convicted of any violation of
the provisions of this Section shall be punished by a fine not to
exceed five hundred dollars ($500.00) or by imprisonment not to exceed
ninety (90) days or by both such fine and imprisonment.
[R.O. 2012 § 385.040; Ord. No.
84 § P-10, 8-6-1979]
No person shall drive an overloaded vehicle or one loaded in
such manner that any part of the load is likely to fall upon and litter
any road or street or cause injury to persons or damage to other vehicles
or property nor shall be permit any part of the load to fall upon
and to remain upon the road or street in the City of Kimberling City.
[R.O. 2012 § 340.170; Ord. No.
254 §§ 1-2, 3-20-2001]
A.
It shall be unlawful for any driver of any vehicle operated within
the City limits of Kimberling City, Missouri, to use or cause to be
used any engine braking device designed to aid in the braking or deceleration
of any vehicle which results in excessive, loud, unusual or explosive
noise from such vehicle commonly known as an engine brake or "Jake"
brake except in an emergency situation which requires its use.
B.
Any person convicted of a violation of this Section shall be subject
to punishment for a first violation thereof by a fine of not more
than one hundred dollars ($100.00) or by imprisonment for a period
not exceeding ten (10) days, or by both such fine and imprisonment.
Subsequent violations within the same one-year time period will cause
said person to be subject to increased fines and imprisonment as follows:
second offense, up to two hundred dollars ($200.00) and/or up to twenty
(20) days' imprisonment; third and subsequent convictions, up to five
hundred dollars ($500.00) and/or up to one hundred eighty (180) days'
imprisonment.
[Ord. No. 521, 12-7-2021]
A.
Liability
For Damage To Street Or Damage To Highway Structure.
1.
Any person driving any vehicle upon any street or highway or highway
structure shall be liable for all damage which the street, highway
or structure may sustain as a result of any illegal operation, driving
or moving of such vehicle or as a result of operating, driving or
moving any vehicle weighing in excess of the maximum weight in this
Chapter, but authorized by a special permit issued as provided in
this Chapter.
2.
Whenever such driver is not the owner of such vehicle but is so operating,
driving or moving the vehicle with the express or implied permission
of the owner, then the owner and driver shall be jointly and severally
liable for any such damage.
3.
Such damage may be recovered in a civil action brought by the City
Attorney on behalf of the City or by authorities in control of such
streets or highways or highway structures.
B.
Load
Restrictions On Specific Streets And Bridges.
1.
When the Public Works Manager of the City makes regulations placing
load restrictions upon vehicles using certain highways, streets, alleys,
paved bike trails, bridges or viaducts and when signs are erected
giving notice thereof, no person shall operate any vehicle with a
gross weight in excess of the amounts specified at any time upon any
of the streets or parts of streets described in the regulations. A
schedule of streets or parts of streets with load restrictions shall
be maintained at City Hall and at the City Clerk's office.
C.
Trucks
Prohibited On Certain Streets.
1.
When the Public Works Manager of the City makes regulations prohibiting
trucks from using certain streets or parts of streets and when signs
are erected giving notice thereof, no person shall operate any truck
upon any of the streets or parts of streets described in the regulations;
except that such vehicles may be operated thereon for the purpose
of delivering or picking up materials or merchandise or for providing
services and then only by entering such street at the intersection
nearest the destination of the vehicle and proceeding thereon no farther
than the nearest intersection thereafter. A schedule of streets or
parts of streets where trucks are prohibited shall be maintained at
City Hall and at the City Clerk's office.
D.
Single-Axle
Load Limit. (Per Section 304.180, RSMo.)
1.
The gross weight imposed on a bridge maintained by the City by the
wheels of any one (1) axle of a vehicle shall not exceed eighteen
thousand (18,000) pounds.
2.
The gross weight imposed on a street or highway by the wheels of
any one (1) axle of a vehicle shall not exceed twenty thousand (20,000)
pounds.
3.
The gross weight imposed on a street or highway by the wheels of
any one (1) axle of a motor vehicle operating exclusively within the
City shall not exceed twenty-two thousand four hundred (22,400) pounds.
4.
For the purposes of this Chapter, an "axle load" shall be defined
as the total load transmitted to the road by all wheels whose centers
are included between two (2) parallel transverse vertical planes forty
(40) inches apart, extending across the full width of the vehicle.
E.
Tandem-Axle
Load Limit. (Per Section 304.180, RSMo.)
1.
The gross weight imposed on a bridge maintained by the City by the
wheels of any tandem axle of a vehicle shall not exceed thirty-two
thousand (32,000) pounds.
2.
The gross weight imposed on a street or highway by the wheels of
any tandem axle of a vehicle shall not exceed thirty-four thousand
(34,000) pounds.
3.
For the purposes of this Chapter, a "tandem axle" shall be any two (2)
or more consecutive axles whose centers are more than forty (40) and
not more than ninety-six (96) inches apart, individually attached
to or articulated from a common attachment to the vehicle, including
a connecting mechanism designed to equalize the load between axles.
A tandem-axle load shall be the total load transmitted to the road
by all wheels whose centers are included between two (2) parallel
transverse vertical planes more than forty (40) inches and not more
than ninety-six (96) inches apart extending across the full width
of the vehicle.
F.
Size
Restrictions On Specific Streets.
1.
The Public Works Manager of the City is hereby authorized to erect
and maintain official traffic control devices on any streets or parts
of streets to impose vehicle size restrictions. When such official
traffic control devices are so erected, no person shall disobey the
restrictions on the devices.
G.
Penalty
For Violation.
1.
Every person who is convicted under the provisions of this Chapter, shall be punished by imprisonment in the County Jail for not less than ten (10) days and not more than six (6) months or by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00), or by both such fine and imprisonment. Any person convicted under these provisions shall be penalized as set forth in Subsection (B) hereof.
2.
Whenever in any Section of this Chapter the doing of any act is required
or is prohibited or is declared to be unlawful and no specific fine
or penalty is provided for a violation thereof, any person who shall
be convicted of a violation of any such Section of this Chapter shall,
for each offense, be fined not less than one dollar ($1.00) and not
more than five hundred dollars ($500.00) or be punished by imprisonment
at the County Jail for a period of not less than one (1) day and not
more than six (6) months, or be punished by both such fine and imprisonment.
[1]
Editor's Note: Former Section 340.280, Motorcycles, was repealed
9-1-2020 by Ord. No. 488.
