[R.O. 2008 § 340.010]
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. 2008 § 340.020; R.O. 2007
§ 340.020]
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.
[R.O. 2008 § 340.030; R.O. 2007
§ 340.030; Ord. No. 4004 §§ 3—13, 2-10-2000]
A.
FUNERAL DIRECTOR
FUNERAL LEAD VEHICLE or LEAD VEHICLE
ORGANIZED FUNERAL PROCESSION
As used in this Section, the following
definitions apply:
A person licensed as a funeral director pursuant to the provisions
of Chapter 333, RSMo.
Any motor vehicle equipped with at least one (1) lighted
circulating lamp exhibiting an amber or purple light or lens or alternating
flashing headlamps visible under normal atmospheric conditions for
a distance of five hundred (500) feet from the front of the vehicle.
A hearse or coach properly equipped may be a lead vehicle.
Two (2) or more vehicles accompanying the remains of a deceased
person from a funeral establishment, church, synagogue or other place
when 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 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 as granted in Subsection (G) of this Section.
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.
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.
[R.O. 2008 § 340.040; R.O. 2007
§ 340.040]
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. 2008 § 340.050; R.O. 2007
§ 340.060; CC 1978 § 340.060; Ord. No. 750 § k, 2,
4, 1-3-1980]
A.
No procession or parade excepting the forces
of the United States Armed Forces, the military forces of this State,
and the forces of the Police and Fire Department or funeral processions,
shall occupy, march, or proceed along any street except in accordance
with a permit issued by the City Administrator and such other regulations
as are set forth herein which may apply.
B.
The permit issued by the City Administrator
shall require certain data to be provided, including, but not limited
to, the date and time of the scheduled parade, the route and the number
of vehicles and individuals involved, assembly location, names and
addresses of responsible parties.
[R.O. 2008 § 340.060]
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.
[R.O. 2008 § 340.070; R.O. 2007
§ 340.080; CC 1978 § 340.200; Ord. No. 112 § 4, 6-2-1954]
A.
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.
B.
Backing Into Intersections. No persons
operating motor vehicles or trailers shall back the same into an intersection,
and shall not in any event or at any place back a vehicle unless such
movement can be made in safety.
[R.O. 2008 § 340.080; R.O. 2007
§ 340.090]
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.
[R.O. 2008 § 340.090; R.O. 2007
§ 340.100]
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. 2008 § 340.100]
No person shall ride a motorized
bicycle upon a sidewalk.
[R.O. 2008 § 340.110]
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.
[R.O. 2008 § 340.120; R.O. 2007
§ 340.140]
No vehicle shall at any time be driven
through or within a safety zone.
[R.O. 2008 § 340.140; R.O. 2007
§ 340.160]
A.
No person shall operate an all-terrain vehicle, as defined in Section 300.010, upon the streets and highways of this City, except as follows:
1.
All-terrain vehicles owned and operated
by a Governmental entity for official use;
2.
All-terrain vehicles operated for
agricultural purposes or industrial on-premise purposes between the
official sunrise and sunset on the day of operation;
3.
All-terrain vehicles whose operators
carry a special permit issued by this City pursuant to Section 304.013,
RSMo.
B.
No person shall operate an off-road vehicle,
as defined in Section 304.001, RSMo., within any stream or river in
this City, except that off-road vehicles may be operated within waterways
which flow within the boundaries of land which an off-road vehicle
operator owns, or for agricultural purposes within the boundaries
of land which an off-road vehicle operator owns or has permission
to be upon, or for the purpose of fording such stream or river of
this City at such road crossings as are customary or part of the highway
system. All Law Enforcement Officials or Peace Officers of this City
shall enforce the provisions of this Subsection within the geographic
area of their jurisdiction.
C.
A person operating an all-terrain vehicle
on a street or highway pursuant to an exception covered in this Section
shall have a valid 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 be operated at speeds of less than thirty (30)
miles per hour. When operated on a street or highway, an all-terrain
vehicle shall have a bicycle safety flag, which extends not less than
seven (7) feet above the ground, attached to the rear of the vehicle.
The bicycle safety flag shall be triangular in shape with an area
of not less than thirty (30) square inches and shall be DayGloTM in color.
D.
No person shall operate an all-terrain
vehicle:
1.
In any careless way so as to endanger
the person or property of another;
2.
While under the influence of alcohol
or any controlled substance; or
3.
Without a securely fastened safety
helmet on the head of an individual who operates an all-terrain vehicle
or who is being towed or otherwise propelled by an all-terrain vehicle
unless the individual is at least eighteen (18) years of age.
E.
No operator of an all-terrain vehicle shall
carry a passenger, except for agricultural purposes.
F.
A violation of this Section shall be a
misdemeanor.
[R.O. 2008 § 340.150; R.O. 2007
§ 340.170]
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.
[R.O. 2008 § 340.160; R.O. 2007
§ 340.190]
In cases where an equally direct
and convenient alternate route is provided, an ordinance may describe
and signs may be erected giving notice thereof, that no persons shall
operate any commercial vehicle upon streets or parts of streets so
described except those commercial vehicles making deliveries thereon.
[R.O. 2008 § 340.170]
The driver of a vehicle shall not
follow another vehicle more closely than is reasonably safe and prudent,
having due regard for the speed of such vehicle and the traffic upon
and the condition of the roadway. Vehicles being driven upon any roadway
outside of a business or residence district in a caravan or motorcade,
whether or not towing other vehicles, shall be so operated, except
in a funeral procession or in a duly authorized parade, so as to allow
sufficient space between each such vehicle or combination of vehicles
as to enable any other vehicle to overtake or pass such vehicles in
safety. This Section shall in no manner affect Section 304.044, RSMo.,
relating to distance between trucks traveling on the highway.
[R.O. 2008 § 340.180; R.O. 2007
§ 340.210; CC 1978 § 340.210; Ord. No. 609 §§ 1
3, 5-4-1978; Ord. No. 3668 §§ 2 – 5, 3-10-1998; Ord.
No. 6042 § 1, 10-23-2014]
A.
Every person operating a motor vehicle
on the streets or highways within the corporate limits of the City
of O'Fallon, Missouri, 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.
B.
Every person operating a motor vehicle
on publicly owned or privately owned parking lots, roads or driveways
within the corporate limits of the City of O'Fallon, Missouri, 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.
C.
It shall be prima facie evidence that a
vehicle operator is not exercising the highest degree of care if the
operator of a moving vehicle engages in any conduct that causes his
or her vision or attention to be obscured, diminished or directed
away from the path of travel or operation of the vehicle, including,
but not limited to, by using a mirror to engage in grooming; reading
anything located in the vehicle other than operational information
displayed on vehicle gauges and equipment; writing; drawing; manually
inputting information into a GPS or mapping device, or turning one's
head substantially away from the path of travel to observe things
in the vehicle or outside the vehicle but contrary to the path of
travel.
[R.O. 2008 § 340.190]
A.
The driver of a vehicle upon a highway
upon meeting or overtaking from either direction any school bus which
has stopped on the highway for the purpose of receiving or discharging
any school children and whose driver has in the manner prescribed
by law given the signal to stop shall stop the vehicle before reaching
such school bus and shall not proceed until such school bus resumes
motion or until signaled by its driver to proceed.
B.
Every bus used for the transportation of
school children shall bear upon the front and rear thereon a plainly
visible sign containing the words "School Bus" in letters not less
than eight (8) inches in height. Each bus shall have lettered on the
rear in plain and distinct type the following: "State Law: Stop While
Bus is Loading and Unloading." Each school bus subject to the provisions
of Sections 304.050 to 304.070, RSMo., shall be equipped with a mechanical
and electrical signaling device approved by the State Board of Education
which will display a signal plainly visible from the front and rear
and indicating intention to stop.
C.
Every school bus operated to transport students in the public school system which has a gross vehicle weight rating of more than ten thousand (10,000) pounds, which has the engine mounted entirely in front of the windshield and the entrance door behind the front wheels, and which is used for the transportation of school children shall be equipped with a crossing control arm. The crossing control arm, when activated, shall extend a minimum of five (5) feet six (6) inches from the face of the front bumper. The crossing control arm shall be attached on the right side of the front bumper and shall be activated by the same controls which activate the mechanical and electrical signaling devices described in Subsection (B) of this Section. This Subsection may be cited as "Jessica's Law" in commemoration of Jessica Leicht and all other Missouri school children who have been injured or killed during the operation of a school bus.
D.
Except as otherwise provided in this Section,
the driver of a school bus in the process of loading or unloading
students upon a street or highway shall activate the mechanical and
electrical signaling devices, in the manner prescribed by the State
Board of Education, to communicate to drivers of other vehicles that
students are loading or unloading. A public school district has the
authority pursuant to Section 304.050, RSMo., to adopt a policy which
provides that the driver of a school bus in the process of loading
or unloading students upon a divided highway of four (4) or more lanes
may pull off of the main roadway and load or unload students without
activating the mechanical and electrical signaling devices in a manner
which gives the signal for other drivers to stop and may use the amber
signaling devices to alert motorists that the school bus is slowing
to a stop; provided, that the passengers are not required to cross
any traffic lanes and also provided that the emergency flashing signal
lights are activated in a manner which indicates that drivers should
proceed with caution and, in such case, the driver of a vehicle may
proceed past the school bus with due caution. No driver of a school
bus shall take on or discharge passengers at any location upon a highway
consisting of four (4) or more lanes of traffic, whether or not divided
by a median or barrier, in such manner as to require the passengers
to cross more than two (2) lanes of traffic; nor shall any passengers
be taken on or discharged while the vehicle is upon the road or highway
proper unless the vehicle so stopped is plainly visible for at least
five hundred (500) feet in each direction to drivers of other vehicles
in the case of a highway with no shoulder and a speed limit greater
than sixty (60) miles per hour and at least three hundred (300) feet
in each direction to drivers of other vehicles upon other highways,
and on all highways, only for such time as is actually necessary to
take on and discharge passengers.
E.
The driver of a vehicle upon a highway
with separate roadways need not stop upon meeting or overtaking a
school bus which is on a different roadway, which is proceeding in
the opposite direction on a highway containing four (4) or more lanes
of traffic, or which is stopped in a loading zone constituting a part
of, or adjacent to, a limited or controlled access highway at a point
where pedestrians are not permitted to cross the roadway.
[R.O. 2008 § 340.195]
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 centerline 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.
[R.O. 2008 § 340.200; R.O. 2007
§ 340.240]
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 municipalities 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 under the rules governing
such movements;
2.
When placing a vehicle in position for and when such vehicle is lawfully making a left turn in compliance with the provisions of Section 325.010 of this Title;
3.
When the right half of the roadway
is closed to traffic while under construction or repair;
4.
Upon a roadway designated by the
City of O'Fallon as a one-way street and marked or signed for one-way
traffic.
5.
When obeying orders of a Police or
Fire Official.
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 authorities in charge of any highway
or the State Highway Patrol 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 all members of the Missouri
Highway Patrol and other Peace 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 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 sign-posted 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 this Chapter;
4.
Official signs may be caused to be
erected by the City Traffic Engineer, the State Highway and Transportation
Department, the State Highway Patrol, or the O'Fallon Police Department;
and they 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.
[R.O. 2008 § 340.210; R.O. 2007
§ 340.245; Ord. No. 3671 §§ 1 – 4, 3-10-1998]
A.
The City Traffic Engineer is hereby authorized
to mark traffic lanes upon the roadway of any street or highway within
the municipal City limits of O'Fallon where a regular alignment of
traffic is necessary.
B.
Where such traffic lanes have been marked,
it shall be unlawful for the operator of any vehicle to fail or refuse
to keep such vehicle within the boundaries of any such lane, except
when lawfully passing another vehicle or preparatory to making a lawful
turning movement.
C.
Where a special lane for making left turns
by drivers proceeding across traffic in the opposite direction which
has been indicated by official traffic control devices:
D.
Any person found to be in violation of
this Section shall be subject upon conviction to a fine of up to five
hundred dollars ($500.00) or to imprisonment in the St. Charles County
Jail for up to three (3) months, or to both such fine and imprisonment.
[R.O. 2008 § 340.220; R.O. 2007
§ 340.250]
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 his/her vehicle until completely passed
by the overtaking vehicle.
B.
The driver of a motor vehicle may overtake
and pass to the right of another vehicle only under the following
conditions:
1.
When the vehicle overtaken is making
or about to make a left turn;
2.
Upon a City street with unobstructed
pavement of sufficient width for two (2) or more lines of vehicles
in each direction;
3.
Upon a one-way street;
4.
Upon any highway outside of a City
with unobstructed pavement of sufficient width and clearly marked
for four (4) or more lines of traffic.
|
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.
[R.O. 2008 § 340.240; R.O. 2007
§ 340.220; CC 1978 § 300.040; Ord. No. 289 § 1, 10-18-1966]
No person shall drive, operate, use
or tamper with a motor vehicle or trailer without the permission of
the owner thereof and no person shall, without the permission of the
owner or person in charge thereof, climb upon or into or swing upon
any motor vehicle or trailer, whether the same is in motion or at
rest, or sound the horn or other sound-producing device thereon, or
attempt to manipulate any of the levers, starting device, brakes or
machinery thereof or set the machinery in motion.
[R.O. 2008 § 340.250; Ord. No. 6052 § 1, 12-11-2014]
No driver shall operate a motor vehicle
on any private road or driveway, parking lot or any area which is
not a highway, road or street as defined herein, for the purpose of
avoiding travel upon the right-of-way between one highway, road or
street and the same or another highway, road or street. This violation
may be referred to as "cutting a corner."
[R.O. 2008 § 340.260; Ord. No. 6016, 10-24-2019; Ord. No. 6773, 4-8-2021]
A.
Purpose and Intent. It is the purpose and
intent of this Section to provide for the regulation of the operation
of golf carts upon certain designated public City streets and sidewalks
in order to protect the safety of all those who enter upon and use
such rights-of-way.
B.
GOLF CART
Definitions. In this Section, unless the
context otherwise requires, the following terms shall have the meanings
indicated:
Any motor vehicle that is or was originally designed and manufactured for operation on a golf course for sporting or recreation purposes and that is designed and manufactured so as to not be capable of exceeding speeds of twenty (20) miles per hour. All-terrain vehicles, as defined in Section 300.010 of this Code of the City of O'Fallon, and off-road vehicles, as defined in Section 304.001, RSMo., are not "golf carts" within the meaning of this Section and are not authorized for use pursuant to these regulations.
C.
Operations.
1.
No golf cart may be operated upon
any private property without permission of the owner, the person entitled
to immediate possession of the property, or the authorized agent of
such.
2.
Golf carts may be operated upon any
public street, other than a State or Federal highway, having a speed
limit of thirty (30) miles per hour or less.
3.
Golf carts may be operated on: a)
public sidewalks, and b) public pedestrian or bicycle paths, which
have a travel surface at least six (6) feet wide unless prohibited
by signs posted thereon.
4.
No person shall operate a golf cart:
a.
In a negligent or careless manner
so as to endanger any person or property of another;
b.
While under the influence of alcohol
or any controlled substance;
c.
Who is less than sixteen (16) years
of age;
d.
Whose driver's license is under suspension
or has been revoked;
e.
At any time between one-half (1/2)
hour before sunset and one-half (1/2) hour before sunrise the following
day unless the golf cart is equipped with a lamp on the front which
shall emit a white light visible from a distance of at least five
hundred (500) feet to the front, and either:
(1)
A lamp emitting a solid
red taillight visible from a distance of five hundred (500) feet to
the rear when directly in front of lawful low beams or head lamps
on a motor vehicle; or
(2)
A flashing light emitting
diode taillight together with a red reflector visible a distance of
six hundred (600) feet to the rear and when directly in front of lawful
low beams of head lamps on a motor vehicle;
f.
Without a bicycle safety flag that
is triangular in shape with an area of not less than thirty (30) square
inches in a DayGloTM color and which extends
not less than seven (7) feet above the ground attached to the rear
of the vehicle;
g.
Without a horn or other device capable
of emitting an audible warning signal;
h.
With more passengers than the golf
cart is specifically designed to carry while seated;
i.
With any passengers standing in the
rear bag storage area or hanging onto the vehicle;
j.
On any State or Federal highway,
other than to cross a portion of the highway which intersects a street
upon which use of the golf cart is lawful; except that no golf cart
shall cross any street or highway which has a posted speed limit of
more than forty-five (45) miles per hour;
5.
Any person operating a golf cart
shall:
a.
Yield the right-of-way to any pedestrian
or bicyclist; and
b.
Give an audible signal before overtaking
or passing a pedestrian or bicyclist; and
c.
Move the golf cart to the far right
side and yield to faster moving vehicles, pedestrians and bicyclists;
and
d.
Maintain proof of financial responsibility in accordance with Section 380.140 of this Code of Ordinances or maintain any other insurance policy providing equivalent liability coverage for operation of a golf cart; and
e.
Adhere to all applicable State and
local laws, regulations and ordinances, including, but not necessarily
limited the provisions of this Code.
A.
The driver of a vehicle approaching an intersection shall yield the
right-of-way to a vehicle which has entered the intersection from
a different highway; provided, however, there is no form of traffic
control at such intersection.
B.
When two (2) vehicles enter an intersection from different highways
at approximately the same time, the driver of the vehicle on the left
shall yield the right-of-way to the driver of the vehicle on the right.
This Subsection shall not apply to vehicles approaching each other
from opposite directions when the driver of one (1) of such vehicles
is attempting to or is making a left turn.
C.
The driver of a vehicle within an intersection intending to turn
to the left shall yield the right-of-way to any vehicle approaching
from the opposite direction which is within the intersection or so
close thereto as to constitute an immediate hazard.
D.
The driver of a vehicle intending to make a left turn into an alley,
private road or driveway shall yield the right-of-way to any vehicle
approaching from the opposite direction when the making of such left
turn would create a traffic hazard.
E.
Preferential right-of-way at an intersection may be indicated by
stop signs or yield signs as authorized in Section 304.351, RSMo.:
1.
Except when directed to proceed by a Police Officer or traffic-control
signal, every driver of a vehicle approaching a stop intersection
indicated by a stop sign shall stop at a clearly marked stop line,
but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic in the
intersecting roadway before entering the intersection. After having
stopped, the driver shall yield the right-of-way to any vehicle which
has entered the intersection from another highway or which is approaching
so closely on the highway as to constitute an immediate hazard during
the time when such driver is moving across or within the intersection.
2.
The driver of a vehicle approaching a yield sign shall in obedience
to the sign slow down to a speed reasonable to the existing conditions
and, if required for safety to stop, shall stop at a clearly marked
stop line, but if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway. After slowing or stopping the driver shall yield
the right-of-way to any vehicle in the intersection or approaching
on another highway so closely as to constitute an immediate hazard
during the time such traffic is moving across or within the intersection.
F.
The driver of a vehicle about to enter or cross a highway from an
alley, building or any private road or driveway shall yield the right-of-way
to all vehicles approaching on the highway to be entered.
G.
The City may, on any section of road where construction or major maintenance operations are being effected, fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of Section 340.160.
[1]
State Law Reference: This Section has additional penalties
based on certain circumstances, § 304.351, RSMo.
A.
No person shall operate a utility vehicle, as defined in Section 300.010 of this Title, upon the 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
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 only on the State's secondary roads when operated between
the hours of sunrise and sunset;
4.
The City may issue special permits for utility vehicles to be
used on highways within the City limits by licensed drivers.
5.
The City may by resolution or ordinance allow utility vehicle
operation on streets or highways under the City's jurisdiction. Any
person operating a utility vehicle pursuant to a municipal resolution
or ordinance shall maintain proof of financial responsibility in accordance
with Section 303.160, RSMo., or maintain any other insurance policy
providing equivalent liability coverage for a utility vehicle.
B.
No person shall operate a utility vehicle within any stream or river
in this City or State, 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 City or 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 utility vehicle on a highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle under Subsection (A)(3) of this Section shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than forty-five (45) miles per hour.
E.
No operator of a utility vehicle shall carry a passenger, except
for agricultural purposes. The provisions of this Subsection shall
not apply to any utility vehicle in which the seat of such vehicle
is designed to carry more than one (1) person.
F.
A violation of this Section shall be an ordinance violation.
A.
Classification.
A golf cart which may be operated on the streets, roads and alleyways
of the City shall be classified as a low-speed vehicle (LSV).
B.
Requirements
For Operating Golf Carts On Streets, Roads Or Alleyways Within The
City.
1.
The golf cart shall be currently registered and licensed pursuant
to City ordinances.
2.
Any individual operating a golf cart shall have a valid operator's
or chauffeur's license, but is not required to pass an examination
for the operation of a motorcycle.
3.
The golf cart shall be properly insured and such proof of insurance
shall specifically list the vehicle as referenced by the serial number
and year of model.
4.
Any individual operating a golf cart shall be at least eighteen (18)
years old.
5.
Any individual operating a golf cart shall wear a securely fastened
safety helmet on his or her head.
6.
Any individual operating a golf cart shall wear a properly fastened
seat belt.
7.
The golf cart shall be operated at a speed of less than twenty (20)
miles per hour pursuant to Section 304.034, RSMo.
8.
The golf cart shall have a bicycle safety flag, which extends not
less than seven (7) feet above the ground, attached to the rear of
the vehicle; the flag shall be day-glow colored and shall be triangular
shaped, with an area not less than thirty (30) square inches.
C.
No
individual operating a golf cart shall:
1.
Operate the golf cart in any careless or imprudent manner so as to
endanger any person or property of any person.
2.
Operate the golf cart while under the influence of alcohol or controlled
substance.
3.
Operate the golf cart between the hours of official sunset and sunrise,
unless the golf cart is properly equipped with headlights, tail lights,
brake lights and turn signals.
4.
Operate the golf cart on any Federal, State or County highways, except
to cross.
5.
Cross any Federal or State highway at an intersection where the highway
being crossed has a posted speed limit of more than forty-five (45)
miles per hour.
D.
A violation
of this Section shall be an ordinance violation.
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 within three (3) miles of the operator's primary residence. The provisions of this Subsection shall not authorize the operation of a recreational off-highway vehicle in a City unless such operation is authorized by such City as provided for in Subsection (A)(5) below;
4.
Recreational off-highway vehicles operated by handicapped persons
for short distances occasionally only on the State's secondary roads;
5.
The City may issue special permits to licensed drivers for special
uses of recreational off-highway vehicles on highways within the City
limits. A fee of fifteen dollars ($15.00) may be collected and retained
by the City for such permit.
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.
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.
[Ord. No. 7049, 9-28-2023]
A.
COMMERCIAL MOTOR VEHICLE
1.
2.
3.
4.
ELECTRONIC COMMUNICATION DEVICE
1.
2.
HIGHWAY
NON-COMMERCIAL MOTOR VEHICLE
OPERATING
OPERATOR
SCHOOL BUS
VOICE-OPERATED OR HANDS-FREE FEATURE OR FUNCTION
As used in this Section, the following terms shall mean:
A motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property:
If the vehicle has a gross combination weight rating or gross
combination weight of twenty-six thousand one (26,001) or more pounds,
whichever is greater, inclusive of a towed unit which has a gross
vehicle weight rating or gross vehicle weight of more than ten thousand
(10,000) pounds, whichever is greater;
If the vehicle has a gross vehicle weight rating or gross vehicle
weight of twenty-six thousand one (26,001) or more pounds, whichever
is greater;
If the vehicle is designed to transport sixteen (16) or more
passengers, including the driver; or
If the vehicle is transporting hazardous materials and is required
to be placarded under the Hazardous Materials Transportation Act (46
U.S.C. § 1801 et seq.).
A portable device that is used to initiate, receive, store,
or view communication, information, images, or data electronically;
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;
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.
Any public thoroughfare for vehicles, including State roads,
County roads and public streets, avenues, boulevards, parkways, or
alleys in any municipality;
A motor vehicle or combination of motor vehicles not defined
by the term commercial motor vehicle in this Section.
The actual physical control of a vehicle.
A person who is in actual physical control.
A commercial motor vehicle used to transport preprimary,
primary, or secondary school students from home to school, from school
to home, or to and from school-sponsored events. School bus does not
include a bus used as a common carrier as defined by the Secretary
of Transportation of the United States.
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 subdivision
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 304.022, RSMo., 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.
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, 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.
ACTIVE EMERGENCY
ACTIVE EMERGENCY ZONE
EMERGENCY RESPONDER
Definitions. As used in this Section,
the following terms shall have the meanings set out herein:
Any incident occurring on a highway, as the term "highway"
is defined in Section 302.010, RSMo., that requires emergency services
from any emergency responder.
Any area upon or around any highway, which is visibly marked
by emergency responders performing work for the purpose of emergency
response, and where an active emergency, or incident removal, is temporarily
occurring. This area includes the lanes of highway leading up to an
active emergency or incident removal, beginning within three hundred
(300) feet of visual sighting of:
Any Law Enforcement Officer, paid or volunteer firefighter,
first responder, emergency medical worker, tow truck operator, or
other emergency personnel responding to an emergency on a highway.
B.
Offense Of Endangerment Of An Emergency Responder, Elements.
1.
A person commits the offense of endangerment of an emergency
responder for any of the following offenses when the offense occurs
within an active emergency zone:
a.
Exceeding the posted speed limit by fifteen (15) miles per hour
or more;
c.
Failure to stop for an active emergency zone flagman or emergency
responder, or failure to obey traffic control devices erected, or
personnel posted, in the active emergency zone for purposes of controlling
the flow of motor vehicles through the zone;
d.
Driving through or around an active emergency zone via any lane
not clearly designated for motorists to control the flow of traffic
through or around the active emergency zone;
e.
Physically assaulting, attempting to assault, or threatening
to assault an emergency responder with a motor vehicle or other instrument;
or
f.
Intentionally striking, moving or altering barrels, barriers,
signs or other devices erected to control the flow of traffic to protect
emergency responders and motorists unless the action was necessary
to avoid an obstacle, an emergency, or to protect the health and safety
of an occupant of the motor vehicle or of another person.
2.
Except for the offense established under Subsection (B)(1)(f) of this Section, no person shall be deemed to have committed the offense of endangerment of an emergency responder except when the act or omission constituting the offense occurred when one or more emergency responders were responding to an active emergency.
3.
No person shall be cited for, or found guilty of, endangerment of an emergency responder or aggravated endangerment of an emergency responder, for any act or omission otherwise constituting an offense under Subsection (B)(1) of this Section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle, or from the negligence of another person or emergency responder.
C.
Violations, Penalties.
1.
Upon the first conviction, finding of guilt or plea of guilty by any person for a moving violation, as the term "moving violation" is defined in Section 302.010, RSMo., or any offense listed in Section 302.302, RSMo., other than a violation described in Subsection (C)(2) of this Section, when the violation or offense occurs within an active emergency zone, the court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt, or plea of guilty, the court shall assess a fine of seventy-five dollars ($75.00) in addition to any other fine authorized by law.
2.
Upon the first conviction, finding of guilt or plea of guilty by any person for a speeding violation under either Section 304.009 or 304.010, RSMo., or Chapter 320 of this Code, or a passing violation under Subsection (C)(3) of this Section, when the violation or offense occurs within an active emergency zone and emergency responders were present in such zone at the time of the offense or violation, the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt or plea of guilty, the court shall assess a fine of three hundred dollars ($300.00) in addition to any other fine authorized by law. However, no person assessed an additional fine under this Subsection shall also be assessed an additional fine under Subsection (C)(1) of this Section.
3.
The driver of a motor vehicle shall not overtake or pass another
motor vehicle within an active emergency zone.
4.
The additional fines imposed by this Section shall not be construed
to enhance the assessment of court costs.
