[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. 
As used in this Section, the following definitions apply:
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 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:
1. 
A left turn shall not be made from any other lane.
2. 
A motor vehicle shall not be driven in the lane except when preparing for or making an immediate left turn from or into the roadway or parking lot.
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. 
Definitions. In this Section, unless the context otherwise requires, the following terms shall have the meanings indicated:
GOLF CART
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;
k. 
On any public street, sidewalk, pedestrian or bicycle path or other public way of any kind other than the streets, sidewalks and paths designated in Subsections (C)(2) and (3), of this Section, above.
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.
D. 
No persons shall operate a utility vehicle:
1. 
In any careless way so as to endanger the person or property of another; or
2. 
While under the influence of alcohol or any controlled substance.
E. 
No operator of a 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).
1. 
The following must appear on the manufactured statement of origin (MSO):
a. 
The body type must be specified as a low-speed vehicle.
b. 
There must be a statement indicating that the LSV meets or exceeds the minimal Federal safety requirements.
2. 
All golf carts classified as low-speed vehicles shall be manufactured in compliance with the National Highway Traffic Safety Administration standards for low-speed vehicles. Golf carts operated on City streets shall conform to safety standards as outlined in 49 CFR 571.500c.
B. 
Requirements For Operating Golf Carts On Streets, Roads Or Alleyways Within The City.
1. 
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. 
As used in this Section, the following terms shall mean:
COMMERCIAL MOTOR VEHICLE
A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property:
1. 
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;
2. 
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;
3. 
If the vehicle is designed to transport sixteen (16) or more passengers, including the driver; or
4. 
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.).
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
Any public thoroughfare for vehicles, including State roads, County roads and public streets, avenues, boulevards, parkways, or alleys in any municipality;
NON-COMMERCIAL MOTOR VEHICLE
A motor vehicle or combination of motor vehicles not defined by the term commercial motor vehicle in this Section.
OPERATING
The actual physical control of a vehicle.
OPERATOR
A person who is in actual physical control.
SCHOOL BUS
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.
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 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. 
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.