[R.O. 2009 § 340.010; Ord. No. 4392, 12-14-2023]
No driver of any vehicle other than one on official business
shall follow any emergency vehicle traveling in response to an emergency
closer than five hundred (500) feet or drive into or park within the
block where any fire apparatus has stopped in answer to a fire alarm.
[R.O. 2009 § 340.020; Ord. No. 4392, 12-14-2023]
No vehicle shall be driven over any unprotected hose of a Fire
Department or District 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 or District official in command.
[R.O. 2009 § 340.030; Ord. No. 4392, 12-14-2023]
A. Definitions. As used in this Section, the following terms shall mean:
FUNERAL DIRECTOR
A person licensed as a funeral director pursuant to the provisions
of Chapter 333, RSMo.
FUNERAL LEAD VEHICLE or LEAD VEHICLE
Any motor vehicle equipped with at least one (1) lighted
circulating lamp exhibiting an amber or purple light or lens or alternating
flashing headlamps visible under normal atmospheric conditions for
a distance of five hundred (500) feet from the front of the vehicle.
A hearse or coach properly equipped may be a lead vehicle.
ORGANIZED FUNERAL PROCESSION
Two (2) or more vehicles accompanying the remains of a deceased
person from a funeral establishment, church, synagogue or other place
where a funeral service has taken place to a cemetery, crematory or
other place of final disposition or a funeral establishment, church,
synagogue or other place where additional funeral services will be
performed if directed by a licensed funeral director from a licensed
establishment.
B. Driving Rules.
1.
Except as otherwise provided for in this Section, pedestrians
and operators of all other vehicles shall yield the right-of-way to
any vehicle which is a part of an organized funeral procession.
2.
Notwithstanding any traffic control device or right-of-way provision
prescribed by State or local law, when the funeral lead vehicle in
an organized funeral procession lawfully enters an intersection, all
vehicles in the procession shall follow the lead vehicle through the
intersection. The operator of each vehicle in the procession shall
exercise the highest degree of care toward any other vehicle or pedestrian
on the roadway.
3.
An organized funeral procession shall have the right-of-way
at all intersections regardless of any traffic control device at such
intersections, except that operators of vehicles in an organized funeral
procession shall yield the right-of-way to any approaching emergency
vehicle pursuant to the provisions of law or when directed to do so
by a Law Enforcement Officer.
4.
All vehicles in an organized funeral procession shall follow
the preceding vehicle in the procession as closely as is practical
and safe under the conditions.
5.
No person shall operate any vehicle as part of an organized
funeral procession without the flashing emergency lights of such vehicle
being lighted.
6.
Any person who is not an operator of a vehicle in an organized
funeral procession shall not:
a.
Drive between the vehicles comprising an organized funeral procession while such vehicles are in motion and have the flashing emergency lights lighted pursuant to Subsection
(B)(5) above, except when required to do so by a Law Enforcement Officer or when such person is operating an emergency vehicle giving an audible or visual signal;
b.
Join a funeral procession for the purpose of securing the right-of-way;
or
c.
Attempt to pass any vehicle in an organized funeral procession,
except where a passing lane has been specifically provided.
7.
When an organized funeral procession is proceeding through a
red signal light as permitted herein, a vehicle not in the organized
funeral procession shall not enter the intersection unless such vehicle
may do so without crossing the path of the funeral procession.
8.
No ordinance, regulation, or any other provision of law shall
prohibit the use of a motorcycle utilizing flashing amber lights to
escort an organized funeral procession on the highway.
C. Any person convicted of violating any provision of this Section shall
be punished by a fine not to exceed one hundred dollars ($100.00).
[Ord. No. 4392, 12-14-2023]
A. Definitions. For purposes of this Section, the following terms shall
mean the following:
PARADE or PROCESSION
Parade means any parade, march, ceremony, show, exhibition,
pageant, or procession of any kind, or any similar display, in or
upon any street, City park, or other public place in the City, comprising
more than six (6) vehicles, or a group of pedestrians more than eight
(8) feet in width or more than forty (40) feet in length, under the
direction of one (1) or more persons. Except such shall not include
funerals, a government acting within the scope of its functions, the
forces of the United States Military Branches, the military forces
of this State, and the forces of the Police and Fire Departments or
Districts.
B. Permit Required For Parade Or Procession. It shall be unlawful for any person to conduct or take
part in any parade or procession that has not received approval via
issuance of a parade permit from the office of the City Clerk.
C. Fee.
1.
No parade permit fee shall be charged unless the applicant requests
the City provide extraordinary services or equipment, or the City
Administrator otherwise determines that extraordinary services or
equipment should be provided to protect the public health or safety.
The applicant shall pay a deposit of fifty percent (50%) of the anticipated
cost of the required extraordinary services or equipment at the time
of application, or as soon thereafter as a determination is made by
the City, and agree to pay the City for the adjusted actual costs
within fifteen (15) calendar days after the conclusion of the parade
or procession.
2.
Applicants shall further agree to reimburse the City for reasonable
costs of damage to any City equipment loaned or used for the public
safety or convenience.
D. Application — Generally.
1.
Any person desiring to conduct or sponsor a parade or procession
in the City shall first make written application for a parade permit
on a form to be provided by the City Clerk.
2.
Application must be filled in completely.
a.
Requests for a parade permit must be received with enough time
for multiple departments to review and provide comments on the same
[preferably three (3) weeks prior to the requested activity].
b.
If the parade or procession is seeking closure of any streets,
application for the same must be made at least one (1) month in advance
of the event as such request must go before the Board of Aldermen
to close public streets.
3.
The application form shall include the following information:
a.
The names, addresses, telephone numbers of the headquarters
of the organization for which the parade or procession is to be conducted,
if any, and the authorized and responsible heads of the organization;
b.
The name, address, and telephone number of the applicant and
persons having control of the parade or procession;
c.
The place, date, and hours of the parade or procession;
d.
The purpose of the parade or procession, including a description
of activities planned during the event;
e.
The approximate number of persons, animals, and/or vehicles
in the parade or procession and the anticipated number of spectators;
f.
A diagram showing the staging areas, proposed route, and what
portions of the streets or properties may be occupied by such parade
or procession;
g.
A traffic control plan including appropriate barricades, signs,
and delineation equipment;
h.
Description and location of parking provided for participants;
i.
Provisions for sanitation and cleanup;
j.
Proof of insurance in accordance with Subsection
(E) below; and
k.
Such other documentation required by the City Clerk to carry
out the intent of this Section.
E. General Requirements.
1.
Unless waived or reduced by the Board of Aldermen for good cause
shown, each permittee shall be required to provide liability insurance
for the event and shall furnish the City a copy of an insurance certificate
naming the City as an additional insured.
2.
The traffic control plan submitted must be approved by the City
Traffic Engineer.
3.
Any barricades, signage, equipment, etc., necessary for traffic
control must be properly installed and removed promptly following
completion of the parade or procession.
4.
The City Traffic Engineer, in consultation with the other departments,
has the right to change the event route if it is deemed necessary
for safety purposes or in order to maintain a smooth vehicular flow
of traffic.
F. Grounds For Refusal. If the applicant(s) for a parade permit required
by this Section fails to give all the information and accompanying
documentation required by the application, the application may be
refused by the City Clerk.
G. Application Forwarded For Investigation. Upon acceptance of an application
for a parade permit required by this Section that is duly and properly
executed and accompanied by the proper documents and information,
the City Clerk shall distribute the application to the Parks Department,
Public Works Department, Police Department, and any other Department
deemed applicable for investigation of same.
H. Investigation Of Application. Upon receipt of a copy of the application
for a permit required by this Section, such officials using the information
provided by the applicant(s) shall conduct an investigation of the
truth and accuracy of the information set out in the application,
including, but not limited to, the route sought by applicant(s) and
make a recommendation to the City Clerk concerning the advisability
of approving such parade permit. Should a Department have further
questions or comments to protect the safety of the participants or
onlookers and/or traffic flow, each such Department shall convey such
remarks with its recommendation to the City Clerk.
I. Issuance.
1.
The City Clerk shall issue a parade permit if there is no danger
to the public health, safety, or general welfare of the public.
2.
To approve an application, the City Clerk shall consider and
make the following findings:
a.
The conduct of the parade will not substantially interrupt the
safe and orderly movement of other traffic contiguous to its route.
b.
The concentration of persons, animals, and vehicles at assembly
points of the parade and the parade route will not unduly interfere
with proper fire and police protection of, or ambulance service to,
areas contiguous to such assembly areas.
c.
The conduct of the parade is not reasonably likely to cause
injury to persons or property, to provoke disorderly conduct or create
a disturbance.
d.
The parade is scheduled to move from its point of origin to
its point of termination expeditiously and without unreasonable delays
en route.
3.
The parade permit shall carry the following information:
d.
Description of event, date, time, and place of the parade or
procession;
e.
Map indicating streets/parks/sidewalks of the route;
f.
Any restrictions which apply in accordance with this Code;
g.
Insurer, if applicable; and
h.
That such parade permit shall be valid only for the date issued
and during the hours stated on it.
J. Notice Of Rejection. If the City Clerk disapproves a parade permit
application, he/she shall provide prompt, written notice of the denial.
K. Appeal From Denial Of Application. In the event a parade permit is denied under this Section or the applicant is otherwise aggrieved by a decision of the City Clerk, City Traffic Engineer, or City Administrator hereunder, the applicant has the right to appeal such decision from such official pursuant to Chapter
160, Administrative Procedure for Review of Certain Actions.
L. Possession Of Parade Permit. The chairman or other person heading
or leading such activity shall carry the parade permit upon his/her
person during the event.
M. Interfering With, Addressing Abusive Language To Participants, Etc.
It shall be unlawful for any person to physically interfere with a
permitted parade or procession, or with the persons lawfully engaged
therein in the use of any street, sidewalk, or other public place,
or to address threatening language or other fighting words to or at
such participants, which would tend to provoke such participants or
others to a breach of the peace.
N. Conduct — Generally. It shall be unlawful for any person to
conduct or participate in any parade or procession of such character,
extent, or duration as to create a public disturbance, to operate
as a nuisance, or to tend to create or threaten rioting, disorderly
conduct, or public or private mischief.
O. Conduct — Abusive, Etc., Language By Participants. It shall
be unlawful for any person conducting or participating in any parade
or procession to address indecent, abusive, or threatening language
or other fighting words to or at any person, which would tend to provoke
such person or others to a breach of the peace.
[R.O. 2009 § 340.040; Ord. No. 4392, 12-14-2023]
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. 2009 § 340.050; Ord. No. 4392, 12-14-2023]
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 City Traffic Engineer by striping with signing or striping
with pavement markings for the preferential or exclusive use of bicycles.
[R.O. 2009 § 340.060; Ord. No. 4392, 12-14-2023]
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.
[R.O. 2009 § 340.070; Ord. No. 4392, 12-14-2023]
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. 2009 § 340.080; Ord. No. 4392, 12-14-2023]
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. 2009 § 340.090; Ord. No. 4392, 12-14-2023]
A. No person shall ride a bicycle upon a sidewalk within a non-residential
district.
B. Whenever any person is riding a bicycle upon a sidewalk, such person
shall yield the right-of-way to any pedestrian and shall give audible
signal before overtaking and passing such pedestrian.
C. No person shall ride a motorized bicycle upon a sidewalk.
[R.O. 2009 § 340.100; Ord. No. 4392, 12-14-2023]
A. No person shall operate an all-terrain vehicle upon any streets of
this City, except as follows:
1.
All-terrain vehicles owned and operated by a governmental entity
for official use;
2.
All-terrain vehicles operated for agricultural purposes or industrial
on-premises purposes between the official sunrise and sunset on the
day of operation;
3.
All-terrain 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.
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.
C. A person operating an all-terrain vehicle on a street or highway
pursuant to an exception covered in this Section shall have a valid
license issued by a State authorizing such person to operate a motor
vehicle but shall not be required to have passed an examination for
the operation of a motorcycle, and the vehicle shall be operated at
speeds of less than thirty (30) miles per hour. When operated on a
street or highway, an all-terrain vehicle shall have a bicycle safety
flag, which extends not less than seven (7) feet above the ground,
attached to the rear of the vehicle. The bicycle safety flag shall
be triangular in shape with an area of not less than thirty (30) square
inches and shall be dayglow in color.
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.
[R.O. 2009 § 340.110; Ord. No. 4392, 12-14-2023]
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. 2009 § 340.120; Ord. No. 4392, 12-14-2023]
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. 2009 § 340.130; Ord. No. 4392, 12-14-2023]
No vehicle shall at any time be driven through or within a safety
zone.
[R.O. 2009 § 340.140; Ord. No. 4392, 12-14-2023]
Every person operating a motor vehicle on the highways of this
City shall drive the vehicle in a careful and prudent manner and at
a rate of speed so as not to endanger the property of another or the
life or limb of any person and shall exercise the highest degree of
care.
[Ord. No. 4392, 12-14-2023]
A. All vehicles not in motion shall be placed with their right side
as near the right-hand side of the highway as practicable, except
on streets of the City where vehicles are obliged to move in one (1)
direction only or parking of motor vehicles is regulated by ordinance
or traffic control device.
B. Upon all public roads or highways of sufficient width, a vehicle
shall be driven upon the right-half of the roadway, except as follows:
1.
When overtaking and passing another vehicle proceeding in the
same direction pursuant to the rules governing such movement;
2.
When placing a vehicle in position for and when such vehicle
is lawfully making a left turn in compliance with the provisions of
this Title;
3.
When the right-half of a roadway is closed to traffic while
under construction or repair;
4.
Upon a roadway designated by local ordinance as a one-way street
and marked or signed for one-way traffic.
C. It is unlawful to drive any vehicle upon any highway or road which
has been divided into two (2) or more roadways by means of a physical
barrier or by means of a dividing section or delineated by curbs,
lines or other markings on the roadway except to the right of such
barrier or dividing section or to make any left turn or semicircular
or U-turn on any such divided highway, except at an intersection or
interchange or at any signed location designated by the State Highways
and Transportation Commission or the Department of Transportation.
The provisions of this Subsection shall not apply to emergency vehicles,
law enforcement vehicles or to vehicles owned by the Commission or
the Department.
D. Whenever any roadway has been divided into three (3) or more clearly
marked lanes for traffic, the following rules in addition to all other
consistent herewith shall apply:
1.
A vehicle shall be driven as nearly as practicable entirely
within a single lane and shall not be moved from such lane until the
driver has first ascertained that such movement can be made with safety.
2.
Upon a roadway which is divided into three (3) lanes, a vehicle
shall not be driven in the center lane except when overtaking and
passing another vehicle where the roadway ahead is clearly visible
and such center lane is clear of traffic within a safe distance, or
in preparation for a left turn, or where such center lane is at the
time allocated exclusively to traffic moving in the direction the
vehicle is proceeding and is signposted to give notice of such allocation.
3.
Upon all highways any vehicle proceeding at less than the normal
speed of traffic thereon shall be driven in the right-hand lane for
traffic or as close as practicable to the right-hand edge or curb,
except as otherwise provided in Sections 304.014 to 304.026, RSMo.
4.
Official signs may be erected by the State Highways and Transportation
Commission, or the Highway Patrol may place temporary signs directing
slow-moving traffic to use a designated lane or allocating specified
lanes to traffic moving in the same direction, and drivers of vehicles
shall obey the directions of every such sign.
5.
Drivers of vehicles proceeding in opposite directions shall
pass each other to the right and, except when a roadway has been divided
into traffic lanes, each driver shall give to the other at least one-half
(1/2) of the main traveled portion of the roadway whenever possible.
E. 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.
F. All trucks registered for a gross weight of more than forty-eight
thousand (48,000) pounds shall not be driven in the far left-hand
lane upon all interstate highways, freeways, or expressways within
urbanized areas of the State having three (3) or more lanes of traffic
proceeding in the same direction. This restriction shall not apply
when:
1.
It is necessary for the operator of the truck to follow traffic
control devices that direct use of a lane other than the right lane;
or
2.
The right-half of a roadway is closed to traffic while under
construction or repair.
G. As used in Subsection
(F) of this Section, "truck" means any vehicle, machine, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed for or used in the transportation of property upon the highways. The term "truck" also includes a commercial motor vehicle as defined in Section
300.010 of this Title.
[R.O. 2009 § 340.170; Ord. No. 4392, 12-14-2023]
A. The following rules shall govern the overtaking and passing of vehicles
proceeding in the same direction, subject to the limitations and exceptions
hereinafter stated:
1.
The driver of a vehicle overtaking another vehicle proceeding
in the same direction shall pass to the left thereof at a safe distance
and shall not again drive to the right side of the roadway until safely
clear of the overtaken vehicle; and
2.
Except when overtaking and passing on the right is permitted,
the driver of an overtaken vehicle shall give way to the right in
favor of the overtaking vehicle and shall not increase the speed of
such driver's vehicle until completely passed by the overtaking vehicle.
B. 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 lanes of vehicles in each direction; or
3.
Upon a one-way street.
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.
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C. Except when a roadway has been divided into three (3) traffic lanes,
no vehicle shall be driven to the left side of the centerline 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. 2009 § 340.180; Ord. No. 4392, 12-14-2023]
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 1st day of
January, 1954.
[R.O. 2009 § 340.190; Ord. No. 4392, 12-14-2023]
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.
[Ord. No. 4392, 12-14-2023]
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 Traffic Engineer may, on any section of road where construction or major maintenance operations are being affected, 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.
[R.O. 2009 § 340.210; Ord. No. 4392, 12-14-2023]
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. 2009 § 340.220; R.O. 2006
§ 340.210; Ord. No. 497 § 132, 6-26-1979; Ord.
No. 4392, 12-14-2023]
A. Every person operating a motor vehicle on parking lots, drive-ins
and private ways shall drive the same in a careful and prudent manner
and shall exercise ordinary care, and at a rate of speed not in excess
of fifteen (15) miles per hour, unless otherwise posted, and at such
less speeds when required so as not to endanger the property of another
or the life or limb of any person, taking into consideration the amount
of vehicular and pedestrian traffic, the visibility and atmospheric
conditions, and the conditions of the pavement.
B. Any and all ordinances of the City applicable to motor vehicles on
public streets with respect to signaling, lights, backing, turning,
and sounding of horns shall apply to vehicles operated in parking
lots, drive-ins and private ways.
[R.O. 2009 § 340.230; R.O. 2006
§ 340.220; Ord. No. 497 § 13, 6-26-1979; Ord.
No. 4392, 12-14-2023]
It is unlawful to drive any vehicle upon any highway, road,
or street while closed for repair or under construction.
[R.O. 2009 § 340.240; R.O. 2006
§ 340.260; Ord. No. 497 § 127, 6-26-1979; Ord. No. 1915 § 17, 11-20-1995; Ord. No. 4392, 12-14-2023]
A. It shall be unlawful for any person who has purposely, accidentally,
or by reason of an accident, dropped from his/her person or any vehicle,
any tacks, nails, wire, scrap metal, glass, crockery, sharp stones,
or other substances injurious to the feet of persons or animals, or
to the tires or wheels of vehicles, including motor vehicles, upon
any highway to refuse or fail to make all reasonable efforts to clear
the highway of the substances.
B. No person shall throw or place, or cause to be thrown or placed,
any glass, bottles, wire, nails, tacks, hedge, cans, garbage, paper,
trash, refuse, or rubbish of any kind, nature, or description on the
right-of-way of any public street, road, or highway within the City.
[R.O. 2009 § 340.250; R.O. 2006
§ 340.310; Ord. No. 1355 § 1, 2-19-1990; Ord. No. 2296 § 2, 2-24-2000; Ord. No. 2463 § 3, 4-15-2002; Ord. No. 4392, 12-14-2023]
A. No person shall drive any motor vehicle upon or across any sidewalk,
driveway, curb, parking lot of any private or public property, or
any other area that is not a road for the purpose of evading or avoiding
an intersection, congested area, or traffic device.
B. Any person convicted of violating this Section will be punished as set out in Section
100.120 of this Code.
[R.O. 2009 § 340.260; R.O. 2006
§ 340.350; Ord. No. 2286 § 1, 12-20-1999; Ord. No. 2463 § 3, 4-15-2002; Ord. No. 4392, 12-14-2023]
A. It shall be unlawful for the operator of any motor vehicle to intentionally
harass or alarm another person who is inside a motor vehicle by intentionally
or knowingly:
1.
Increasing or decreasing the speed of his/her vehicle;
3.
Following the other person's vehicle more closely than is reasonable
and prudent under the totality of the circumstances;
4.
Impeding or obstructing the operation of the other person's
motor vehicle; or
5.
Operating his/her vehicle in a manner that endangers or would
be likely to endanger any person or property.
B. Any person convicted of violating this Section will be punished as set out in Section
100.120 of this Code.
[R.O. 2009 § 340.270; R.O. 2006
§ 340.360; Ord. No. 2296 § 3, 2-24-2000; Ord. No. 2463 § 3, 4-15-2002; Ord. No. 4392, 12-14-2023]
A. No person shall operate a vehicle, trailer or combination thereof,
licensed in excess of the weight limits posted upon any of the bridges
including but not limited to as set forth and described in Schedule
XX.
B. Any person convicted of violating this Section will be punished as set out in Section
100.120 of this Code.
[R.O. 2009 § 340.280; R.O. 2006
§ 365.060; Ord. No. 1228 § 1, 4-19-1989; Ord.
No. 3300 § 1, 12-20-2012; Ord. No. 4392, 12-14-2023]
A. Definitions. For purposes of this Section, "commercial vehicle" means
any motor vehicle or trailer which is designed, maintained, or used
primarily for the transportation of property or which is used primarily
for the transportation of passengers for hire, including, but not
limited to, tow trucks, dump trucks, flat-bed trucks, stake-bed trucks,
step vans, refuse or garbage trucks, buses, or any other vehicle or
trailer having a gross vehicle weight rating (GRWR) in excess of fourteen
thousand (14,000) pounds.
B. Regulations. Except as provided in Subsection
(C) hereof, no person shall operate, and it shall be unlawful to operate, a commercial vehicle on, over, or upon any of the streets or parts thereof including but not limited to those set forth and described in Schedule XII enacted herewith or as amended.
C. Exceptions. This Section shall not apply to any emergency vehicles,
ambulances, public utility service vehicles or commercial vehicles
while in the process of making a legitimate pickup, delivery, or call
to a business or residence located on a street including but not limited
to as set forth and described in Schedule XII, provided the operator
is traveling to or from the pickup, delivery, or call over the restricted
streets by the most direct available route to and from a non-restricted
thoroughfare.
D. Miscellaneous.
1.
The City Traffic Engineer shall cause signs to be erected at
the entrance to any street or streets set forth and described in Schedule
XII from any non-regulated thoroughfare advising that commercial vehicular
traffic is restricted. The failure of any street to be so posted shall
not relieve any operator of liability for a violation of this Section.
2.
Failure of an operator of a commercial vehicle on one (1) of the streets set forth and described in Schedule XII to disclose to a Police Officer an address on such restricted street to which a pickup, delivery or call has or will be made by that operator shall be prima-facie proof that the exceptions set forth in Subsection
(C) hereof shall not apply to that operator.
[R.O. 2009 § 340.290; R.O. 2006
§ 365.070; Ord. No. 1294 § 1, 8-21-1989; Ord.
No. 4392, 12-14-2023]
No person shall operate a vehicle licensed in excess of eighteen thousand (18,000) pounds, except as provided under Section
340.270, upon any of the streets or parts of streets including but not limited to as set forth and described in Schedule XIX.
[R.O. 2009 § 340.310; R.O. 2006
§ 365.100; Ord. No. 1172 § 1, 11-21-1988; Ord.
No. 4392, 12-14-2023]
When the proper signs are erected prohibiting such travel, no
person shall operate any motor vehicle directly between the locations
including but not limited to as set forth and described in Schedule
XVIII at specified times.
[R.O. 2009 § 340.320; Ord. No. 1917 § 2, 11-20-1995; Ord. No. 2422 § 2, 9-17-2001; Ord.
No. 4392, 12-14-2023]
Upon conviction or a plea of guilty by any person for a moving violation as defined in Section 302.010, RSMo., or any offense listed in Section 302.302, RSMo., the Fenton Municipal Court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized to be imposed by law, if the offense occurred within a construction zone or a work zone as defined in Section
300.010 of this Code.
[Ord. No. 4392, 12-14-2023]
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:
a.
Appropriate signs or traffic control devices posted or placed
by emergency responders; or
b.
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 (1) 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 on (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.
[Ord. No. 4392, 12-14-2023]
A. Definitions. As used in this Section, the following terms shall have
the meanings set out herein:
COMMERCIAL MOTOR VEHICLE
A motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property:
a.
If the vehicle has a gross combination weight rating or gross
combination weight of twenty-six thousand one (2,601) 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;
b.
If the vehicle has a gross vehicle weight rating or gross vehicle
weight of twenty-six thousand one (2,601) or more pounds, whichever
is greater;
c.
If the vehicle is designed to transport sixteen (16) or more
passengers, including the driver; or
d.
If the vehicle is transporting hazardous materials and is required
to be placarded under the Hazardous Materials Transportation Act (46
U.S.C. Section 1801, et seq.).
ELECTRONIC COMMUNICATION DEVICE
A portable device that is used to initiate, receive, store,
or view communication, information, images, or data electronically.
a.
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;
b.
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
a 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.