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.
[Ord. No. 12-02-01 § 2, 2-9-2012]
A. Definitions. As used in this Section, the following
terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE
Any motorized vehicle manufactured and used exclusively for
off-highway use which is fifty (50) inches or less in width, 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.
CITY
The City of Salisbury, Missouri, and "within the City" shall
mean within the corporate limits of the City of Salisbury, Missouri,
or within the boundaries of any real estate owned by the City of Salisbury
which lies outside the corporate limits of the City of Salisbury.
HIGHWAY
Whenever used in these City Code Sections, shall mean any
public road or thoroughfare for vehicles, including State roads, County
roads and public streets, avenues, boulevards, parkways or alleys
in the City.
OTHER SELF-PROPELLED MODES OF TRANSPORTATION
Any device using an internal combustion engine or electric
motor, hybrid combustion and electric engine, or direct conversion
fuel cell used to transport one (1) or more persons, and shall include,
but is not limited to, pocket bikes, motor bikes not large enough
to be licensed as a motorcycle, riding lawn tractors and riding lawn
mowers, and shall specifically exclude golf carts and motorized wheelchairs
which are separately regulated by another City Code Section.
UNIT
An all-terrain vehicle, or a utility vehicle, or other self-propelled
mode of transportation.
UTILITY VEHICLE
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.
B. Prohibited On Highways Within The City, Exceptions.
No person shall operate a unit as a means of transportation upon the
highways of this City, except as follows:
1.
All-terrain vehicles and utility vehicles operated
for agricultural purposes or industrial on-premises purposes between
the official sunrise and sunset on the day of operation.
2.
All-terrain vehicles or utility vehicles owned
and operated by a governmental entity for official use.
3.
Units whose operator carries a special permit
issued by the Clerk of the Municipal Court.
4.
All units are to be driven as far to the right
of the highway surface as reasonably possible, but not on City sidewalks,
and must yield to other traffic.
5.
Units which are a part of a parade or other
permitted organized activity along and on the parade route or activity
path.
6.
Units which are licensed as a motor vehicle
by the Missouri Department of Revenue and bear a standard State vehicle
license plate.
7.
Devices and vehicles defined in Section 307.025,
RSMo., are exempt from these regulations.
8.
Utility vehicles operated by handicapped persons
for short distances occasionally only on State secondary roads between
the hours of sunrise and sunset.
C. Passenger Restrictions. No operator of a unit shall
carry a passenger, except as permitted by State law.
D. Valid Operator's Or Chauffeur's License Required.
No operator of a unit shall operate any such unit upon the highways
of this City pursuant to this Section unless they have a valid operator's
or chauffeurs license, except for a handicapped person permitted to
operate a utility vehicle for short distances occasionally only on
State secondary roads between the hours of sunrise and sunset.
E. Limitations On Operation. No person shall operate
a unit:
1.
On private property of another without the express
permission to do so by the owner or occupant of said property.
2.
On public school grounds, City park property
(this does not include park roads), public playgrounds, City recreational
areas and golf courses without express provision or permission to
do so by the proper public authority.
3.
In any careless, reckless or negligent way so
as to endanger the person or property of another.
4.
While under the influence of alcohol or any
other controlled substance.
5.
In a manner so as to create a loud, unnecessary,
or unusual noise so as to disturb or interfere with the peace and
quiet of another person or to the annoyance of any other person.
6.
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.
7.
Without proof of liability insurance on the
unit in the minimum amount required by law for automobiles.
F. Equipment Required For Units.
1.
Units operated after sunset and before sunrise
must be equipped with a single or dual sealed beam headlight system
in operating condition.
2.
A unit operated after sunset and before sunrise
must have one (1) reflector in addition to one (1) working taillight.
3.
The unit must have a muffler which is properly
attached and which reduces the noise of operation to the minimum noise
necessary for operating the unit.
4.
Adequate brakes in good working condition.
5.
A bicycle safety flag which extends not less
than seven (7) feet above the ground shall be attached to the rear
of the unit when operated on a highway. The bicycle safety flag shall
be triangular in shape with an area of not less than thirty (30) square
inches and shall be day glow in color.
6.
An equilateral triangular emblem to be mounted
on the rear of the unit at least two (2) feet above the roadway surface
when operated on the highway. The emblem shall be constructed of substantial
material with a fluorescent yellow-orange finish and a reflective
red border at least one (1) inch in width. Each side of the emblem
shall measure at least ten (10) inches and shall not obstruct the
taillights.
G. Traffic Regulations. Each person operating a unit
on the highways of the City shall strictly observe all traffic signs
and signals and all of the traffic rules and regulations applicable
thereto, and shall obey the orders and directions of any Police Officer
of the City authorized to direct or regulate traffic. The operator
of a unit shall carry on the unit or on the person of the operator
both proof of insurance on the unit and the operator's permit issued
by the City.
H. Speed Limit. No unit shall be operated on the highways
of the City at a speed in excess of thirty (30) miles per hour or
any lesser speed set by ordinance.
I. Operator's Permit. All operators who want to operate
a unit on highways within the City shall procure a City operator's
permit. An operator's permit for a unit must be applied for at the
City Police Station by completing a form prepared by the City. Upon
payment of a one-time fee of five dollars ($5.00), the Clerk of the
Municipal Court shall issue an operator's permit unless a similar
permit has previously been revoked or suspended, in which case the
applicant must first obtain an order from the Salisbury Municipal
Judge permitting such reapplication and the order shall set forth
the special terms, if any, which may restrict the reissued operator's
permit.
J. Permit To Be On Operator's Person At All Times. The
operator's permit shall be carried by the operator of the unit at
all times when operating the unit.
K. Operator's Permit May Be Revoked Or Suspended. The
operator's permit issued pursuant to this Section may be revoked or
suspended by the Salisbury Municipal Judge in addition to other penalties
for violation of any City ordinance or City Code Section regulating
use of such units on City highways.
L. City Sticker Required And Displayed. On or before
the 1st day of January of each year, an owner who intends to operate
a unit on the City streets shall apply for a City sticker for each
unit the owner wants licensed for operation on the City streets. After
first providing proof of insurance on the unit, and after a City Police
Officer determines the unit for which application is made complies
with the mandated equipment, flag, or emblem requirements, and upon
payment of five dollars ($5.00) for each unit licensed, City stickers
will be issued for each unit. All City stickers will expire on the
following December 31 and new stickers must be applied for and obtained
to lawfully operate the unit on City streets by a qualified operator.
Each unit operated on the streets within the City shall prominently
display a current City sticker.
[Ord. No. 22-09-01, 9-8-2022]
M. Penalty For Violation. Any person found in violation
of this Section shall be subject to a fine not to exceed two hundred
dollars ($200.00).
[Ord. No. 22-09-01, 9-8-2022]
N. Liability Disclaimer. This Section is adopted to address
the interest of public safety. The City of Salisbury in no way advocates
or endorses the operation of any unit on public highways. The City
of Salisbury, by regulating such operation, is merely trying to address
obvious and continuing safety issues that have arisen by the increased
use of such vehicles by the public. The adoption of this Section is
not to be relied upon as a determination that operating such units
on public highways is safe or advisable if done in accordance with
this Section. All persons who operate or ride upon a unit on public
highways do so at their own risk and must be observant of and attentive
to the safety of themselves and others, including passengers, other
motorists, bicycles and pedestrians. The City of Salisbury assumes
no liability under any theory of tort or contract and specifically
denies any such liability, including comparative fault. Any person
who operates a unit is responsible for procuring and maintaining liability
insurance sufficient to cover the risk involved with operating such
units on public highways and the procurement of such insurance is
a condition precedent to the lawful operation of such units under
this Section.
[Ord. No. 22-09-01, 9-8-2022]
[Ord. No. 12-02-02, 2-9-2012]
A. Definitions. As used in this Section, the following
terms shall have the meanings indicated:
CITY
The City of Salisbury, Missouri, and "within the City" shall
mean within the corporate limits of the City of Salisbury, Missouri.
GOLF CART
A self-propelled vehicle that is designed and manufactured
for operation on a golf course for sporting or recreational purposes
and that is not capable of exceeding speeds of twenty (20) miles per
hour.
STREETS AND ALLEYS
Those roadways that have been accepted or platted by the
City of Salisbury, Missouri as public streets and alleyways.
B. Restrictions On Operation.
[Ord. No. 22-09-01, 9-8-2022]
1.
Golf cart and motorized wheelchair operation
on designated public streets and alleys shall be in accordance with
the following limitations:
a.
It shall be unlawful for any person to operate a golf cart or motorized wheelchair in any manner which violates the provisions in this Section. A violation of this Section shall be deemed an ordinance traffic violation, punishable by a fine as set out in Section
100.220 of this Code.
b.
Every person operating a golf cart or motorized
wheelchair on the public streets of the City shall be subject to all
the duties applicable to a driver of a motor vehicle imposed by the
law, specifically including those laws pertaining to the possession
and use of drugs and alcoholic beverages and operating a motor vehicle
under the influence thereof.
c.
A golf cart or motorized wheelchair may be operated
only on a designated public City street where the posted speed limit
is thirty-five (35) miles per hour or less. A golf cart or motorized
wheelchair shall not be operated at any time on any State or Federal
highway, but may be operated upon such highway in order to cross a
portion of the State highway system which intersects a City street.
However, no golf cart or motorized wheelchair shall cross any highway
at an intersection where the highway or street being crossed has a
posted speed limit of more than forty-five (45) miles per hour.
d.
No person shall operate any golf cart on any
public street unless he/she has in his/ her possession a valid driver's
license.
e.
Every golf cart or motorized wheelchair, whenever operated on a public street, shall display a slow-moving vehicle emblem in conformity with Section
340.110 or
a bicycle safety flag.
f.
Golf carts and motorized wheelchairs shall be
operated upon the public streets only between sunrise and sunset.
g.
Golf carts and motorized wheelchairs operating
on designated streets pursuant to this Section shall be insured by
a policy of insurance with coverage of not less than the Statutory
minimum as established by the Missouri Department of Revenue for motor
vehicles operating on the streets and highways of the State of Missouri.
h.
Only the number of people the golf cart or motorized
wheelchair is designed to seat may ride on the golf cart or motorized
wheelchair. No passengers shall ride in the part of the golf cart
designed to carry golf bags.
i.
Golf carts and motorized wheelchairs must be
operated at the extreme right of the street and must yield to all
motor vehicular traffic and pedestrian traffic.
2.
Operator's Permit. All operators of golf carts
and/or motorized wheelchairs who want to operate their golf cart and/or
motorized wheelchair on permitted streets within the City shall procure
a City operator's permit. An operator's permit for golf carts and/or
motorized wheelchairs must be applied for at the City Police Station
by completing a form prepared by the City. Upon payment of the one-time
fee of five dollars ($5.00), the Salisbury Police Department shall
issue an operator's permit unless a similar permit has previously
been revoked or suspended, in which case the applicant must first
obtain an order from the Salisbury Municipal Judge permitting such
reapplication and the order shall set forth the special terms, if
any, which may restrict the reissued operator's permit.
3.
Permit To Be On Operator's Person At All Times.
The operator's permit shall be carried by the operator of the golf
cart or motorized wheelchair at all times when operating the golf
cart or motorized wheelchair.
4. Operator's Permit May Be Revoked Or Suspended. The operator's permit
issued pursuant to this Section may be revoked or suspended by the
Salisbury Municipal Judge in addition to other penalties for violation
of any City ordinance or City Code Section regulating the use of golf
carts and motorized wheelchairs on City streets.
5.
City Sticker Required And Displayed. On or before
the 1st day of January of each year an owner who intends to operate
a golf cart and/or motorized wheelchair on the City streets shall
apply for a City sticker for each golf cart and/or motorized wheelchair
an owner wants licensed for operation on the City streets. After first
providing proof of insurance on the golf cart and/or motorized wheelchair,
and after a City Police Officer determines the golf cart or motorized
wheelchair for which application is made complies with the mandated
equipment, flag, or emblem requirements, and upon payment of five
dollars ($5.00) for each golf cart and/or motorized wheelchair licensed,
City stickers will be issued for each golf cart and/or motorized wheelchair.
All City stickers will expire on the following December 31 and new
stickers must be applied for and obtained to lawfully operate the
golf cart and/or motorized wheelchair on City streets by a qualified
operator. Each golf cart or motorized wheelchair operated on the streets
within the City shall prominently display a current City sticker.
C. Liability Disclaimer. This Section is adopted to address
the interest of public safety. Golf carts and/or motorized wheelchairs
are not designed or manufactured to be used on public streets and
the City of Salisbury in no way advocates or endorses their operation
on public streets and alleys. The City of Salisbury, by regulating
such operation, is merely trying to address obvious and continuing
safety issues that have arisen by the increased use of such vehicles
by the public. The adoption of this Section is not to be relied upon
as a determination that operating on public streets is safe or advisable
if done in accordance with this Section. All persons who operate or
ride upon golf carts and/or motorized wheelchairs on public streets
or alleys do so at their own risk and must be observant of and attentive
to the safety of themselves and others, including passengers, other
motorists, bicycles and pedestrians. The City of Salisbury assumes
no liability under any theory of tort or contract and specifically
denies any such liability, including comparative fault. Any person
who operates a golf cart or motorized wheelchair is responsible for
procuring and maintaining liability insurance sufficient to cover
the risk involved with operating a golf cart or motorized wheelchair
on public streets and alleys and the procurement of such insurance
is a condition precedent to the lawful operation of a golf cart or
motorized wheelchair under this Section.
No person riding upon any bicycle, motorized
bicycle, coaster, roller skates, sled or toy vehicle shall attach
the same or himself/herself to any vehicle upon a roadway. Neither
shall the driver of a vehicle knowingly pull a rider behind a vehicle.
No person shall drive a vehicle onto or from
any controlled access roadway except at such entrances and exits as
are established by public authority.
It shall be unlawful for the directing officer
or the operator of any railroad train to direct the operation of or
to operate the same in such a manner as to prevent the use of any
street for purposes of travel for a period of time longer than five
(5) minutes; provided that this Section shall not apply to a moving
train or to one stopped because of an emergency or for repairs necessary
before it can proceed safely.
No vehicle shall at any time be driven through
or within a safety zone.
Every person operating a motor vehicle on the
highways of this City shall drive the vehicle in a careful and prudent
manner and at a rate of speed so as not to endanger the property of
another or the life or limb of any person and shall exercise the highest
degree of care.
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
or railroad grade crossing.
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. Driver Shall Stop, When.
1. 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.
2. "School bus" includes Head Start buses that meet the requirements
set out in Section 304.050.1(2), RSMo.
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.
E. 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.
F. 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.
G. If any vehicle is witnessed by a peace officer or the driver of a
school bus to have violated the provisions of this Section and the
identity of the operator is not otherwise apparent, it shall be a
rebuttable presumption that the person in whose name such vehicle
is registered committed the violation. In the event that charges are
filed against multiple owners of a motor vehicle, only one (1) of
the owners may be convicted and court costs may be assessed against
only one (1) of the owners. If the vehicle which is involved in the
violation is registered in the name of a rental or leasing company
and the vehicle is rented or leased to another person at the time
of the violation, the rental or leasing company may rebut the presumption
by providing the peace officer or prosecuting authority with a copy
of the rental or lease agreement in effect at the time of the violation.
No prosecuting authority may bring any legal proceedings against a
rental or leasing company under this Section unless prior written
notice of the violation has been given to that rental or leasing company
by registered mail at the address appearing on the registration and
the rental or leasing company has failed to provide the rental or
lease agreement copy within fifteen (15) days of receipt of such notice.
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.
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.
As used in this Section, the following
terms shall mean:
ELECTRONIC COMMUNICATION DEVICE
A portable device that is used to initiate, receive, store,
or view communication, information, images, or data electronically.
1.
Such term shall include but not be limited to: cellular telephones;
portable telephones; text-messaging devices; personal digital assistants;
pagers; broadband personal communication devices; electronic devices
with mobile data access; computers, including but not limited to tablets,
laptops, notebook computers, and electronic or video game systems;
devices capable of transmitting, retrieving, or displaying a video,
movie, broadcast television image, or visual image; and any substantially
similar device that is used to initiate or receive communication or
store and review information, videos, images, or data.
2.
Such term shall not include: radios; citizens band radios; commercial
two-way radio communication devices or their functional equivalent;
subscription-based emergency communication devices; prescribed medical
devices; amateur or ham radio devices; or global positioning system
receivers, security, navigation, communication, or remote diagnostics
systems permanently affixed to the vehicle.
HIGHWAY
The same meaning as is ascribed to such term in Section 302.010,
RSMo.
OPERATING
The actual physical control of a vehicle.
OPERATOR
A person who is in actual physical control of a vehicle.
SCHOOL BUS
The same meaning as is ascribed to such term in Section 302.700,
RSMo.
VOICE-OPERATED OR HANDS-FREE FEATURE OR FUNCTION
A feature or function, whether internally installed or externally
attached or connected to an electronic communication device, that
allows a person to use an electronic communication device without
the use of either hand, except to activate, deactivate, or initiate
the feature or function with a single touch or single swipe.
B. Except
as otherwise provided in this Section, while operating a non-commercial
motor vehicle or commercial motor vehicle on any highway or property
open to the public for vehicular traffic in this City, no operator
shall:
1. Physically hold or support, with any part of his or her body, an
electronic communication device;
2. Write, send, or read any text-based communication, including but not limited to a text message, instant message, email, or social media interaction on an electronic communication device. This Subsection
(B)(2) shall not apply to operators of a non-commercial motor vehicle using a voice-operated or hands-free feature or function that converts the message to be sent as a message in a written form, provided that the operator does not divert his or her attention from lawful operation of the vehicle;
3. Make any communication on an electronic communication device, including
a phone call, voice message, or one-way voice communication; provided,
however, that this prohibition shall not apply to use of a voice-operated
or hands-free feature or function;
4. Engage in any form of electronic data retrieval or electronic data
communication on an electronic communication device;
5. Manually enter letters, numbers, or symbols into any website, search
engine, or application on an electronic communication device;
6. Watch a video or movie on an electronic communication device, other
than watching data related to the navigation of the vehicle; or
7. Record, post, send, or broadcast video, including a video conference,
on an electronic communication device, provided that this prohibition
shall not apply to electronic devices used for the sole purpose of
continually monitoring operator behavior by recording or broadcasting
video within or outside the vehicle.
C. The
operator of a school bus shall not use or operate an electronic communication
device while the school bus is in motion unless the device is being
used in a similar manner as a two-way radio to allow live communication
between the operator and school officials or public safety officials.
The operator of a school bus shall not use or operate an electronic
communication device or a two-way radio while loading or unloading
passengers.
D. This
Section shall not apply to:
1. Law enforcement officers or operators of emergency vehicles, as such term is defined in Section
300.010, who are both using the electronic communication device and operating the emergency vehicle in the performance of their official duties;
2. Operators using an electronic communication device for the sole purpose
of reporting an emergency situation and continuing communication with
emergency personnel during the emergency situation;
3. Operators of non-commercial motor vehicles using an electronic communication
device solely through a voice-operated or hands-free feature or function;
4. Operators of commercial motor vehicles using a voice-operated or
hands-free feature or function, as long as the operator remains seated
and is restrained by a seat belt as required by law;
5. Operators of commercial motor vehicles reading a message displayed
on a permanently installed communication device designed for a commercial
motor vehicle with a screen that does not exceed ten (10) inches tall
by ten (10) inches wide in size;
6. Operators using electronic communication devices while the vehicle
is lawfully stopped or parked;
7. Commercial motor vehicles that are responding to a request for roadside
assistance, when such response is conducted by a motor club as defined
in Section 385.450, RSMo., or a towing company as defined in Section
304.001, RSMo.;
8. The use of an electronic communication device to relay information
between a transit or for-hire vehicle operator and that operator's
dispatcher, provided the device is mounted or affixed to the vehicle;
9. The use of an electronic communication device to access or view a
map for navigational purposes;
10. The use of an electronic communication device to access or listen
to an audio broadcast or digital audio recording; or
11. The use of an electronic communication device to relay information
through a transportation network company's digital network to a transportation
network company driver, provided the device is mounted or affixed
to the vehicle.
E. Except
as otherwise provided in this Subsection, violation of this Section
shall be an ordinance violation. Penalties for violations of this
Section shall be as provided in this Subsection.
1. For a conviction under this Section where there is no prior conviction
under this Section within the preceding twenty-four (24) months, the
court shall impose a fine of up to one hundred fifty dollars ($150.00).
2. For a conviction under this Section where there is one (1) prior
conviction under this Section within the preceding twenty-four (24)
months, the court shall impose a fine of up to two hundred fifty dollars
($250.00).
3. For a conviction under this Section where there are two (2) or more
prior convictions under this Section in the preceding twenty-four
(24) months, the court shall impose a fine of up to five hundred dollars
($500.00).
4. For a conviction under this Section where the violation occurred
in a work zone when workers are present, as such terms are defined
in Section 304.580, RSMo., or for a conviction under this Section
where the violation occurred in an area designated as a school zone
and marked in any way that would alert a reasonably prudent operator
to the presence of the school zone, the court shall impose a fine
of up to five hundred dollars ($500.00).
5. A violation of this Section while operating a commercial motor vehicle
shall be deemed a serious traffic violation for purposes of commercial
driver's license disqualification.
F. A law
enforcement officer who stops a non-commercial motor vehicle for a
violation of this Section shall inform the operator of the operator's
right to decline a search of their electronic communication device.
No warrant shall be issued to confiscate or access an electronic communication
device based on a violation of this Section unless the violation results
in serious bodily injury or death.
G. A violation
of this Section shall not be used to establish probable cause for
any other violation.
H. The
provisions of this Section shall be subject to the reporting requirements
set forth in Section 590.650, RSMo.
I. Prior
to January 1, 2025, a law enforcement officer who stops a non-commercial
motor vehicle for a violation of this Section shall not issue a citation
for a violation of this Section and shall only issue a warning.
J. No
person shall be stopped, inspected, or detained solely for a violation
of this Section.
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.