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. Definitions. As used in this Section, the following terms
shall mean:
FUNERAL DIRECTOR
A person licensed as a funeral director pursuant to the provisions
of Chapter 333, RSMo.
FUNERAL LEAD VEHICLE or LEAD VEHICLE
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.
ORGANIZED FUNERAL PROCESSION
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.
[R.O. 2013 § 340.210; Ord. No.
89-10 § 1, 4-10-1989]
No person on roller skates, skateboards, or riding in or by
means of any bicycle, coaster, toy vehicle, or similar device shall
go upon a sidewalk within a business district. No person on roller
skates, skateboards or riding by means of any coaster, toy vehicle
or similar devices shall go upon any street or alleyway or public
parking area within the business district of the City of Fredericktown,
Missouri. For purposes of this Section, the "business district" shall
mean and is defined as the area surrounding the Madison County Courthouse
Square in the City of Fredericktown, Missouri, the boundaries of which
are as follows: Bounded on the north by Saline Creek; on the west
by the center line of Park Drive; on the south by the center line
of East College Street; and on the east by the most easterly line
of South Mine LaMotte Street (the easterly boundary line being on
the east side of the sidewalks along the east side of Mine LaMotte
Street).
A. No person shall operate an all-terrain vehicle, as defined in Section
300.010, upon the streets and highways of this City, except as follows:
1.
All-terrain vehicles owned and operated by a governmental
entity for official use;
2.
All-terrain vehicles operated for agricultural
purposes or industrial on-premises purposes between the official sunrise
and sunset on the day of operation;
3.
A licensed driver holding a special permit for
special uses of all-terrain vehicles on highways within the City limits.
An annual fees of fifteen dollars ($15.00) shall be collected and
retained by the City.
4.
Any person operating an all-terrain vehicle pursuant
to this Section shall maintain proof of financial responsibility in
accordance with Section 303.160, RSMo., or maintain any other insurance
policy providing equivalent liability coverage for an all-terrain
vehicle.
B. No person shall operate an off-road vehicle, as defined
in Section 304.001, RSMo., within any stream or river in this City,
except that off-road vehicles may be operated within waterways which
flow within the boundaries of land which an off-road vehicle operator
owns, or for agricultural purposes within the boundaries of land which
an off-road vehicle operator owns or has permission to be upon, or
for the purpose of fording such stream or river of this State at such
road crossings as are customary or part of the highway system.
C. A person operating an all-terrain vehicle on a street or
highway pursuant to an exception covered in this Section shall have
a valid license issued by a State authorizing such person to operate
a motor vehicle but shall not be required to have passed an examination
for the operation of a motorcycle, and the vehicle shall be operated
at speeds of less than thirty (30) miles per hour. When operated on
a street or highway, an all-terrain 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 bicycle safety flag shall
be triangular in shape with an area of not less than thirty (30) square
inches and shall be dayglow in color. All ordinances relating to the
operation of a motor vehicle, other than speed limits, shall apply
to the operation of an all-terrain vehicle.
D. No person shall operate an all-terrain vehicle:
1.
In any careless way so as to endanger the person
or property of another;
2.
While under the influence of alcohol or any controlled
substance; or
3.
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 eighteen (18) years of age.
E. No operator of an all-terrain vehicle shall carry a passenger,
except for agricultural purposes.
F. A special
permit to operate an all-terrain vehicle on the streets and highways
in the City of Fredericktown shall be issued to a person who has a
valid Missouri operator's driver's license or chauffer's license.
The special permit allows the operation of an all-terrain vehicle
on the streets and highways in the City of Fredericktown, subject
to all of the requirements and regulations of this Section. All special
permits for operation of an all-terrain vehicle shall be issued by
the Collector of the City of Fredericktown, which special permit shall
be effective from January 1 through December 31 of the year in which
the permit is issued. The applicant for the special permit shall complete
in full an application for the issuance of the special permit and
pay the sum of fifteen dollars ($15.00). The fee shall not be prorated.
The application shall require, among other things, the name, address,
date of birth, phone number, driver's license or chauffer's license
number, date of expiration and proof of insurance for the all-terrain
vehicle.
G. A violation
of this Section shall be an ordinance violation.
A. No person shall operate a recreational off-highway vehicle, as defined in Section
300.010 of this Title, upon the highways of this City or State, except as follows:
1.
Recreational off-highway vehicles owned and operated
by a governmental entity for official use;
2.
Recreational off-highway vehicles operated for
agricultural purposes or industrial on-premises purposes between the
official sunrise and sunset on the day of operation, unless equipped
with proper lighting;
3.
Recreational off-highway vehicles operated by
handicapped persons for short distances occasionally only on the State's
secondary roads when operated between the hours of sunrise and sunset;
4.
A licensed driver holding a special permit for
recreational off-highway vehicles to be used on highways within the
City limits.
5.
Any person operating a recreational off-highway
vehicle pursuant to a municipal resolution or ordinance shall maintain
proof of financial responsibility in accordance with Section 303.160,
RSMo., or maintain any other insurance policy providing equivalent
liability coverage for a utility vehicle.
B. No person shall operate a recreational off-highway vehicle
within any stream or river in this City or State, except that recreational
off-highway vehicles may be operated within waterways which flow within
the boundaries of land which a recreational off-highway vehicle operator
owns, or for agricultural purposes within the boundaries of land which
a recreational off-highway vehicle operator owns or has permission
to be upon, or for the purpose of fording such stream or river of
this City or State at such road crossings as are customary or part
of the highway system.
C. A person operating a recreational off-highway vehicle on a highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle under Subsection
(A)(3) of this Section shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than forty-five (45) miles per hour.
D. No persons shall operate a recreational off-highway vehicle:
1.
In any careless way so as to endanger the person
or property of another; or
2.
While under the influence of alcohol or any controlled
substance.
E. No operator of a recreational off-highway vehicle shall
carry a passenger, except for agricultural purposes. The provisions
of this Subsection shall not apply to any recreational off-highway
vehicle in which the seat of such vehicle is designed to carry more
than one (1) person.
F. A special permit to operate a recreational off-highway vehicle on
the streets and highways in the City of Fredericktown shall be issued
to a person who has a valid Missouri operator's driver's license or
chauffer's license. The special permit allows the operation of a recreational
off-highway vehicle on the streets and highways in the City of Fredericktown,
subject to all of the requirements and regulations of this Section.
All special permits for operation of a recreational off-highway vehicle
shall be issued by the Collector of the City of Fredericktown, which
special permit shall be effective from January 1 through December
31 of the year in which the permit is issued. The applicant for the
special permit shall complete in full an application for the issuance
of the special permit and pay the sum of fifteen dollars ($15.00).
The fee shall not be prorated. The application shall require, among
other things, the name, address, date of birth, phone number, driver's
license or chauffer's license number, date of expiration and proof
of insurance for the recreational off-highway vehicle.
G. A violation of this Section shall be an ordinance violation.
A. Classification.
A golf cart which may be operated on the streets, roads and alleyways
of the City shall be classified as a low-speed vehicle (LSV).
1. The following must appear on the manufactured statement of origin
(MSO):
a. The body type must be specified as a low-speed vehicle.
b. There must be a statement indicating that the LSV meets or exceeds
the minimal Federal safety requirements.
2. All golf carts classified as low-speed vehicles shall be manufactured
in compliance with the National Highway Traffic Safety Administration
standards for low-speed vehicles. Golf carts operated on City streets
shall conform to safety standards as outlined in 49 CFR 571.500c.
B. Requirements
For Operating Golf Carts On Streets, Roads Or Alleyways Within The
City.
1. All golf cart permits shall be issued by the Collector of the City
of Fredericktown, which permit shall be effective from January 1 through
December 31 of the year in which the permit is issued. The applicant
for a permit for a golf cart shall complete in full an application
for the issuance of the permit and pay the sum of fifteen dollars
($15.00). The application shall require, among other things, the name,
address and phone number of the owner of the golf cart, a description
of the golf cart including, but not limited to, color size, manufacturer,
serial numbers or identification numbers or any other descriptive
information identifying the golf cart.
2. Any individual operating a golf cart shall have a valid operator's
or chauffeur's license, but is not required to pass an examination
for the operation of a motorcycle.
3. The golf cart shall be properly insured and such proof of insurance
shall specifically list the vehicle as referenced by the serial number
and year of model.
4. Any individual operating a golf cart shall be at least eighteen (18)
years old.
5. Any individual operating a golf cart shall wear a securely fastened
safety helmet on his or her head.
6. Any individual operating a golf cart shall wear a properly fastened
seat belt.
7. The golf cart shall be operated at a speed of less than twenty (20)
miles per hour pursuant to Section 304.034, RSMo.
8. The golf cart 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.
C. No
individual operating a golf cart shall:
1. Operate the golf cart in any careless or imprudent manner so as to
endanger any person or property of any person.
2. Operate the golf cart while under the influence of alcohol or controlled
substance.
3. Operate the golf cart between the hours of official sunset and sunrise,
unless the golf cart is properly equipped with headlights, tail lights,
brake lights and turn signals.
4. Operate the golf cart on any Federal, State or County highways, except
to cross.
5. Cross 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.
D. A violation
of this Section shall be an ordinance violation.
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 or on
any publicly or privately owned parking lot or parking facility generally
open for use by the public in 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.
[R.O. 2013 § 380.020; Ord. No.
50-A § 9]
Whenever any driver shall recklessly and carelessly disregard
by non-compliance those provisions or regulations established or authorized
by this Chapter or by any other City ordinance or State law regulating
traffic to protect person, property, life and limb, such reckless
and careless disregard and non-compliance within the meaning of this
Chapter shall be regarded as prima facie evidence of careless and
reckless driving and shall be so punished.
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:
1.
It is necessary for the operator of the truck
to follow traffic control devices that direct use of a lane other
than the right lane; or
2.
The right-half of a roadway is closed to traffic
while under construction or repair.
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:
a. When the vehicle overtaken is making or about to make
a left turn;
b. Upon a City street with unobstructed pavement of sufficient
width for two (2) or more lanes of vehicles in each direction;
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. 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.
F. 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.
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.
[R.O. 2013 § 380.070; Code 1952, Ch. 6 § 14; Ord. No. 02-60 § 1, 12-9-2002]
No person shall stop or suddenly decrease the speed of a vehicle
without first giving an appropriate signal to the driver of any vehicle
immediately to the rear, when there is an opportunity to give such
signal.
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. The provisions of Subsections
(A) through
(C) of this Section shall not apply to a person operating:
1.
An authorized emergency vehicle; or
2.
A moving motor vehicle while using a hand-held
electronic wireless communications device to:
b.
Summon medical or other emergency help;
c.
Prevent injury to a person or property; or
d.
Relay information between a transit or for-hire
operator and that operator's dispatcher, in which the device
is permanently affixed to the vehicle.
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.
Definitions. As used
in this Section, the following terms shall have the meanings set out
herein:
ACTIVE EMERGENCY
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.
ACTIVE EMERGENCY ZONE
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:
1.
Appropriate signs or traffic control devices posted
or placed by emergency responders; or
2.
An emergency vehicle displaying active emergency
lights or signals.
EMERGENCY RESPONDER
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;
b.
Passing in violation of Subsection
(C)(3) of this Section;
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. 2013 § 380.100; Ord. No.
50-A § 25]
A. No
vehicle or combination of vehicles having a greater weight than that
described under Section 304.180, RSMo., shall be moved or operated
on any highway, street or alley in the City.
B. The local officials and State Highways and Transportation Commission, or their legal agents for their respective jurisdictions, whenever by thawing of frost, rains or soft conditions due to construction, reconstruction and maintenance, or adverse critical weather conditions or other causes, detriments are caused to the surface or physical condition of the highways, streets and alleys in the City, are hereby authorized to limit such weights described under Subsection
(A) of this Section to such an amount and in such manner as will preserve the economical use of such highways, streets and alleys by the general public. When such highways, streets or alleys are posted or marked, it shall be unlawful to transport any gross load in excess of the posted notice, and in addition to conviction and punishment for an ordinance violation, the registered owner of any vehicle so transporting such load shall be held liable in any court of competent jurisdiction for destructive damages to the surface and physical conditions pertaining, by an action of the State, City or other interested person.
C. Any
person violating any of the provisions or regulations of this Section
shall be deemed guilty of an ordinance violation and, upon conviction
thereof, shall be punished in accordance with the provisions of Section
304.240, RSMo., and the same rates of punishment shall apply where
weight limits are posted as apply to violations of Section 304.180,
RSMo.
[R.O. 2013 § 380.110; Code 1952, Ch. 6 § 16]
A. The
Chief of Police, with the approval of the Mayor, shall have the right
to post notices on each end of any bridge in the City, stating the
maximum load that may be permitted on such bridge, and whenever, by
reason of thawing of frost, rains or due to new construction or other
reason, any street in this City shall be in a soft condition, the
maximum gross weights of all vehicles, including load, mentioned in
this Chapter, including trucks, tractors, trailers, semitrailers and
other vehicles therein mentioned to be operated on such street, may
be limited by the Chief of Police to such an amount and in such manner
as will preserve the street under such conditions. The Chief of Police
shall give, or cause to be given, due notice thereof by posting notices
at convenient and public places along and near such street subject
to such regulations.
B. It
shall be unlawful for any person to fail to comply with the limitations
or restrictions as to the use of such bridge or street as set forth
in such notices.
[R.O. 2013 § 380.120]
The weight, length and height of every vehicle operated on,
over or across any street in the City shall conform to the regulations
established by Section 304.170, RSMo., unless otherwise required by
ordinance.
[R.O. 2013 § 380.140; Code 1952, Ch. 6 § 16]
Any person violating the provisions of those Sections of this
Chapter relating to size or weight of vehicles or loads, whether operating
under a permit or not, or who shall willfully or negligently damage
a highway of the City, shall be liable for the amount of such damage
caused to any highway, street, bridge, culvert or sewer, and any vehicle
causing such damage shall be subject to a lien for the full amount
of such damage; provided that such lien shall not be superior to any
duly recorded or filed chattel mortgage or other lien previously attached
to such vehicle. The amount of such damage may be recovered in an
action in any court of competent jurisdiction, in the name of the
State, to the use of the City.
[R.O. 2013 § 380.150; Ord. No.
157 § 1]
No person operating or driving a motor vehicle upon any of the
streets, alleys or public highways of the City shall operate such
vehicle in such a manner or condition that excessive and unnecessary
noises shall be made by its machinery, motor, signaling device or
other parts, and no person shall operate a motor vehicle upon any
of the streets, alleys or public highways of the City that shall not
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.
[R.O. 2013 § 380.180; Ord. No.
07-27 § 1, 7-27-2007]
It shall be unlawful for the driver of any vehicle to use, operate
or cause to be used or operated within the City limits of the City
of Fredericktown, Missouri, any mechanical device designed to aid
in the braking or deceleration of any vehicle which result in the
excessive, loud, unusual or explosive noise from such vehicle or unmuffled
engine braking.