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.
[R.O. 2016 § 340.020; CC 1994 § 35.510; Ord. No. 60-95 § 1, 2-13-1995]
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, and upon conviction,
the driver shall make restitution to the Fire Department for replacement
of the hoses.
[R.O. 2016 § 340.030; CC 1994 § 35.515; Ord. No. 311-00 §§ 1 — 11, 2-8-2000]
A. As used in this Section, the following
terms 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. 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.
C. 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.
D. 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 Section
304.022, RSMo., or when directed to do so by a Law Enforcement Officer.
E. 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.
F. No person shall operate any vehicle as
part of an organized funeral procession without the flashing emergency
lights of such vehicle being lighted.
G. Toll-free passage shall be given on all
toll bridges, tunnels and other toll highways to all vehicles in an
organized funeral procession.
H. Any person who is not an operator of a
vehicle in an organized funeral procession shall not:
1.
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
(F) of this Section, 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;
2.
Join a funeral procession for the purpose of securing the right-of-way granted in Subsections
(B) and
(D) of this Section; or
3.
Attempt to pass any vehicle in an
organized funeral procession, except where a passing lane has been
specifically provided.
I. When an organized funeral procession is proceeding through a red signal light as permitted in Subsections
(C) and
(D) of this Section, 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.
J. Any person violating the provisions of
this Section is guilty of a violation which shall be punishable by
a fine not to exceed one hundred dollars ($100.00).
K. 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.
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.
[R.O. 2106 § 340.050; CC 1994 § 35.525]
A funeral composed of a procession
of vehicles shall be identified as such by the display upon the outside
of each vehicle of a pennant or other identifying insignia or by such
other method as may be determined and designated by the Traffic Division.
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.
[R.O. 2016 § 340.110; CC 1994 § 35.555]
A. No person shall ride a bicycle, skateboard,
roller skates, roller blades or similar device upon a sidewalk within
a business district.
B. Whenever any person is riding a bicycle,
skateboard, roller skates, roller blades or similar device 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.
1306-19, 7-9-2019]
A. No person shall operate an all-terrain vehicle (ATV), as defined in Section
300.010 of this Code, 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 or commercial on-premises purposes
between the hours of sunrise and sunset on the day of operation;
3.
All-terrain vehicles operated by
handicapped persons for short distances occasionally when operated
between the hours of sunrise and sunset; or
4.
All-terrain vehicles whose operators have a special permit issued by this City pursuant to Section 304.013, RSMo. A current permit issued by the City must be affixed to the vehicle in a visible location prior to operating the vehicle under this Subsection
(A)(4). The cost of the first permit, which will be valid from the date it is issued until the last day of the calendar year for which it is issued, shall be fifteen dollars ($15.00) regardless of the length of time in a calendar year it is to be used and all subsequent permits shall be fifteen dollars ($15.00) and will be valid from the date it is issued until the last day of the calendar year for which it is issued. Proof of financial responsibility in the same manner as required in Section 303.160, RSMo., or any other insurance policy providing equivalent liability coverage for an all-terrain vehicle, must be presented at the time the permit is purchased.
B. A person operating an all-terrain vehicle
on the streets or highways of this City shall have a valid operator's
or chauffeur's license but shall not be required to have passed an
examination for the operation of a motorcycle. The ATV shall have
a bicycle safety flag extending not less than seven (7) feet above
the ground and attached to the rear of the vehicle. The safety flag
shall be triangular in shape with an area of not less than thirty
(30) square inches and shall be Day-Glo™ in color.
C. No person shall operate an ATV vehicle:
1.
In excess of the posted speed limit,
but never exceeding thirty (30) miles per hour;
2.
In any careless or imprudent manner
so as to endanger the person or property of another;
3.
While under the influence of alcohol
or any controlled substance;
4.
Without a securely fastened safety
helmet on the head of an individual who operates an ATV unless the
individual is at least eighteen (18) year of age; or
5.
Without proof of financial responsibility
in the same manner as required in Section 303.160, RSMo., or without
maintaining any other insurance policy providing equivalent liability
coverage for a utility vehicle. If stopped, the operator of the ATV
shall be required to provide proof of said liability insurance.
D. No operator of an ATV vehicle shall carry
a passenger, except for agricultural purposes. The provisions of this
Subsection shall not apply to any all-terrain vehicle in which the
seat of such vehicle is designed to carry more than one person. Any
passenger on an ATV under eighteen (18) years of age shall wear a
securely fastened safety helmet on said passenger's head.
E. No person shall operate an all-terrain
vehicle within any stream or river in the City of Park Hills, except
that all-terrain vehicles may be operated within waterways which flow
within the boundaries of land which an all-terrain vehicle operator
owns, or for agricultural purposes within the boundaries of land which
an all-terrain vehicle operator owns or has permission to be upon,
or for the purpose of fording such stream or river within the City
at such road crossings as are customary or part of the highway system.
[Ord. No. 1306-19, 7-9-2019]
A. No person shall operate a utility vehicle, as defined in Section
300.010 of this Title, upon the streets and highways of this City or State, except as follows:
1.
Utility vehicles owned and operated
by a governmental entity for official use;
2.
Utility vehicles operated for agricultural
purposes or industrial or commercial on premises purposes between
the official sunrise and sunset on the day of operation, unless equipped
with proper lighting;
3.
Utility vehicles operated by handicapped
persons for short distances occasionally when operated between the
hours of sunrise and sunset; or
4.
Utility vehicles whose operators have a special permit issued by this City pursuant to Section 304.032, RSMo. A current permit issued by the City must be affixed to the vehicle in a visible location prior to operating the vehicle under this Subsection
(A)(4). The cost of the first permit, which will be valid from the date it is issued until the last day of the calendar year for which it is issued, shall be fifteen dollars ($15.00) regardless of the length of time in a calendar year it is to be used and all subsequent permits shall be fifteen dollars ($15.00) and will be valid from the date it is issued until the last day of the calendar year for which it is issued. Proof of financial responsibility in the same manner as required in Section 303.160, RSMo., or any other insurance policy providing equivalent liability coverage for a utility vehicle, must be presented at the time the permit is purchased.
B. No person shall operate a utility vehicle
within any stream or river in this City, except that utility vehicles
may be operated within waterways which flow within the boundaries
of land which a utility vehicle operator owns, or for agricultural
purposes within the boundaries of land which a utility 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 a utility vehicle on
a street or highway pursuant to an exception covered in this Section
shall have a valid operator's or chauffeur's license but shall not
be required to have passed an examination for the operation of a motorcycle,
and the vehicle shall not be operated in excess of the posted speed
limits. The operator of a utility vehicle is required to obey all
the same traffic laws as an operator of a motor vehicle.
D. No person shall operate a utility vehicle,
as defined in this Section, or on street or highway:
1.
In excess of the posted speed limit;
2.
In any careless way so as to endanger
the person or property of another;
3.
While under the influence of alcohol
or any controlled substance;
4.
Without proof of financial responsibility
in the same manner as required in Section 303.160, RSMo., or maintain
any other insurance policy providing equivalent liability coverage
for a utility vehicle. If stopped, the operator of the vehicle will
be required to show proof of said liability insurance; or
5.
With a passenger or rider, unless
said vehicle is designed for passengers or riders; provided, however,
that in no event shall the operator allow more passengers than the
number of seats or passenger allowance for the utility vehicle.
E. Every utility vehicle operated on a street
or highway within the City shall have the following equipment:
1.
Functioning headlights, tail lights,
brake lights, and turn signals which shall be in operation at any
time from one-half (1/2) hour after sunset to one-half (1/2) hour
before sunrise or as otherwise specified in Section 307.020, RSMo.
(definition of "when lighted lamps are required");
2.
A braking system maintained in good
operating condition;
3.
An adequate muffler system in good
working condition and a United States Forest Service qualified spark
arrester; and
4.
An equilateral triangular emblem,
to be mounted on the rear of such vehicle at least two (2) feet above
the roadway when such vehicle is operated upon any street or highway
inside the City limits. 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.
[Ord. No.
1330-19, 10-22-2019]
A. No person shall operate a recreational off-highway vehicle, as defined in Section
300.010 of this Code, upon the highways of this City, 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;
3.
Recreational off-highway vehicles operated by handicapped persons
for short distances occasionally only on the State's secondary roads.
B. No person shall operate a recreational off-highway vehicle within
any stream or river in this 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 State at such
road crossings as are customary or part of the highway system. All
Law Enforcement Officials shall enforce the provisions of this Subsection
within the geographic area of their jurisdiction.
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 pursuant to Subsection (A)(4) of this Section,
but shall not be required to have passed an examination for the operation
of a motorcycle. An individual shall not operate a recreational off-highway
vehicle upon a highway in this City without displaying a lighted headlamp
and a lighted tail lamp. A person may not operate a recreational off-highway
vehicle upon a highway of this City unless such person wears a seat
belt. When operated on a highway, a recreational off-highway vehicle
shall be equipped with a roll bar or roll cage construction to reduce
the risk of injury to an occupant of the vehicle in case of the vehicle's
rollover.
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 and roadways 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.
[R.O. 2016 § 340.190; CC 1994 § 36.315]
No operator shall have in his/her
lap any other person, adult or minor, nor shall he/she be seated in
the lap of any person, while the vehicle is in motion.
[R.O. 2016 § 340.200; CC 1994 § 36.320]
No person shall ride in or operate
any motor vehicle unless all portions of such person's body are entirely
within that portion of the vehicle designed for the carrying of passengers
or merchandise, or as otherwise permitted by this Chapter; provided,
however, that this Section does not apply to any person whose employment
makes it necessary to ride otherwise.
[R.O. 2016 § 340.220; CC 1994 § 36.345]
A. No vehicle or combination of vehicles shall
be moved or operated on any highway, street or alley in this municipality
having a greater weight than that described in Section 304.180, RSMo.
B. Provided, further, that the local officials and State Highways and Transportation Commission or their legal agents for their respective jurisdiction whenever by thawing of frost, rains, or soft conditions due to construction, reconstruction and maintenance, adverse critical weather conditions, or other causes detrimental to the surface or physical condition of such highways, streets and alleys in this municipality, are hereby authorized to limit such weights described under Subsection
(A) to such an amount and in such manner as will preserve their economical use by the general public. When 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 thereof 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, County or other interested person.
C. Any person, firm, corporation, partnership
or association violating any of the provisions, regulation 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 weights are limited in excess of those posted as apply to those
exceeded under Section 304.180, RSMo., as amended.