City of Bolivar, MO
Polk County
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Table of Contents
Table of Contents

Section 335.010 Vehicle Shall Not Be Driven On A Sidewalk — Prohibition On Obstruction of Bicycle Lanes — Drivers To Yield To Bicycles in Designated Bicycle Lanes.

Section 335.020 Limitations On Backing.

Section 335.030 Opening and Closing Vehicle Doors.

Section 335.040 Following Emergency Vehicle Prohibited.

Section 335.050 Crossing Fire Hose.

Section 335.060 Funeral Processions.

Section 335.070 Driving in Procession.

Section 335.080 When Permits Required For Parades and Processions.

Section 335.090 Obstruction To Driver's View.

Section 335.100 Boarding or Alighting From Vehicles in Motion Prohibited.

Section 335.110 Riding On Portions of Vehicles Not Designed For Passengers Prohibited.

Section 335.120 Throwing of Trash, Glass, Nails, Etc., On Streets Prohibited.

Section 335.130 Hauling of Rubbish or Loose Material.

Section 335.140 Signs and Stickers On Vehicle Windows.

Section 335.150 Growing of Shrubs, Etc., Near Intersections.

Section 335.160 Standing or Parking Close To Curb.

Section 335.170 Clinging To Vehicles Prohibited.

Section 335.180 Hand and Mechanical Signals For Turn and Stops.

Section 335.190 Vehicles Pulling Away From The Curb.

Section 335.200 Passing Regulations.

Section 335.210 Following Other Vehicles.

Section 335.220 Manner of Operation of Motor Vehicles.

Section 335.230 Unnecessary Motor Acceleration.

Section 335.240 Driving To The Right.

Section 335.250 Prohibition Against Driving On Sidewalk Between Park and Hospital.

Section 335.260 Prohibition Against Roller Skating or Skateboarding On Sidewalks in Central Business District.

Section 335.270 Cruising.

Section 335.280 Prohibition Against Vehicular Traffic On Frisco Highline Trail.

Section 335.290 Text Messaging While Operating A Motor Vehicle Prohibited — Exceptions — Definitions — Violation, Penalty.

Section 335.010 Vehicle Shall Not Be Driven On A Sidewalk — Prohibition On Obstruction of Bicycle Lanes — Drivers To Yield To Bicycles in Designated Bicycle Lanes.

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.

Section 335.020 Limitations On Backing.

[R.O. 2007 §335.020; Ord. No. 873 §2, 12-8-1983]
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.

Section 335.030 Opening and Closing Vehicle Doors.

[R.O. 2007 §335.030; Ord. No. 873 §3, 12-8-1983]
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.

Section 335.040 Following Emergency Vehicle Prohibited.

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.

Section 335.050 Crossing Fire Hose.

[R.O. 2007 §335.050; Ord. No. 873 §5, 12-8-1983]
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.

Section 335.060 Funeral Processions.

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).

Section 335.070 Driving in Procession.

[R.O. 2007 §335.070; Ord. No. 873 §7, 12-8-1983]
Each driver in a 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.

Section 335.080 When Permits Required For Parades and Processions.

No funeral, procession or parade containing two hundred (200) or more persons or fifty (50) or more vehicles except the forces of the United States Army or Navy, the military forces of this State, and the forces of the Police and Fire Departments shall occupy, march or proceed along any street except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which may apply.

Section 335.090 Obstruction To Driver's View.

[R.O. 2007 §335.130; Ord. No. 873 §13, 12-8-1983]
No person shall drive a vehicle when it is so loaded or when they are in a front seat such number of persons exceeding three (3) as to obstruct the view of the driver to the front or sides of a vehicle or so as to interfere with the driver's control over the vehicle. No passenger in any vehicle shall ride in such position as to interfere with the view of the driver or with the driver's control over the vehicle.

Section 335.100 Boarding or Alighting From Vehicles in Motion Prohibited.

[R.O. 2007 §335.140; Ord. No. 873 §14, 12-8-1983]
No person shall board or alight from any vehicle while it is in motion.

Section 335.110 Riding On Portions of Vehicles Not Designed For Passengers Prohibited.

[R.O. 2007 §335.150; Ord. No. 873 §15, 12-8-1983]
No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise.

Section 335.120 Throwing of Trash, Glass, Nails, Etc., On Streets Prohibited.

[R.O. 2007 §335.170; Ord. No. 873 §17, 12-8-1983]
No person shall throw or place on any street any trash, tacks, nails, wire, scrap metal, glass, crockery, sharp stones or other substances injurious to the feet of persons or animals or to the tires of vehicles. Any person who has purposely or accidentally dropped any such substance upon the street shall immediately clear such street of the same.

Section 335.130 Hauling of Rubbish or Loose Material.

[R.O. 2007 §335.180; Ord. No. 873 §18, 12-8-1983]
No vehicle shall be used to haul rubbish, trash, loose bottles, tin cans, brush, waste paper, loose dirt, rocks or material of similar nature upon the public streets without first having been equipped with the proper equipment, as set out in this Section, to prevent the load or any part thereof from falling, dropping or being blown off the vehicle while in motion. The bed and sidewalls of such vehicle shall be so constructed that the load or any part thereof shall not drop through or from the vehicle. The vehicle shall not be loaded in such a manner that any part of the load extends above or over the sidewalls of the truck bed. When the vehicle is being used for carrying loose paper or other material that may be blown from the load, a tarpaulin or screen cover of sufficient mesh shall be used to cover the load to prevent its being blown from the vehicle while in motion.

Section 335.140 Signs and Stickers On Vehicle Windows.

[R.O. 2007 §335.190; Ord. No. 873 §19, 12-8-1983]
No person operating a motor vehicle in the City shall have affixed to the windshield or any of the windows thereof any sign, sticker, insignia or other obstructions or defects that limit visibility, except a sign, insignia or sticker required by any law or regulation, Federal, State or City. Such City license shall be placed in the lower right-hand corner of the windshield and such other lawfully required sign, sticker or insignia shall be placed in such place and in such manner as not to obstruct the view of the driver; provided, that stickers that do not occupy more than five percent (5%) of the glass area may be affixed to the rear window in such manner and place so as not to obstruct the view of the driver.

Section 335.150 Growing of Shrubs, Etc., Near Intersections.

[R.O. 2007 §335.210; Ord. No. 873 §21, 12-8-1983]
No person shall permit any shrub, tree, hedge, flower or other form of vegetation to grow within thirty (30) feet of the intersection of the curb lines of two (2) intersecting streets to a height in excess of two (2) feet above the lowest grade of the two (2) intersecting streets; provided, that trees now growing in such areas may grow above such height if the limbs are trimmed to a minimum height of eight (8) feet.

Section 335.160 Standing or Parking Close To Curb.

Except as otherwise provided in this Chapter, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen (18) inches of the right-hand curb.

Section 335.170 Clinging To Vehicles Prohibited.

[R.O. 2007 §335.230; Ord. No. 873 §23, 12-8-1983]
No person riding upon any bicycle, motorized bicycle, coaster, roller skates, sled, toy vehicle or other apparatus that ordinarily operates on wheels, 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.

Section 335.180 Hand and Mechanical Signals For Turn and Stops.

[R.O. 2007 §335.260; Ord. No. 873 §26, 12-8-1983]
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 in this Section.
1. 
An operator or driver, when stopping or when checking the speed of his/her vehicle if the movement of other vehicles may reasonably be affected by such checking of speed, shall extend his/her arm at an angle below horizontal so that the same may be seen from the rear of his/her vehicle.
2. 
An operator or driver intending to turn his/her vehicle to the right shall extend his/her arm at an angle above horizontal so that the same may be seen from the front of and from the rear of his/her vehicle and shall slow down and approach the intersecting highway as near as practicable to the right side of the highway along which he/she is proceeding before turning.
3. 
An operator or driver intending to turn his/her vehicle to the left shall extend his/her arm in a horizontal position so that the same may be seen from the rear of his/her vehicle and shall slow down and approach the intersecting highway so that the left side of his/her vehicle shall be as near as practicable to the centerline of the highway along which he/she is proceeding before turning.
4. 
The signals required by this Section shall be given either by means of the hand and arm or by a signal light or signal device in good mechanical condition. 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.
5. 
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 said trailer. The provisions of this Section, as far as mechanical devices on vehicles so constructed that the hand and arm signal would not be visible both to the front and rear of such vehicle, shall only be applicable to new vehicles registered within this State after the first (1st) day of July, 1954.

Section 335.190 Vehicles Pulling Away From The Curb.

[R.O. 2007 §335.270; Ord. No. 873 §27, 12-8-1983]
The driver moving a vehicle from the curb or side of the street into the traffic lane shall yield the right-of-way to all vehicles which are in motion on such street.

Section 335.200 Passing Regulations.

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.
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.

Section 335.210 Following Other Vehicles.

[R.O. 2007 §335.290; Ord. No. 873 §28, 12-8-1983]
No driver of a vehicle shall 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 street.

Section 335.220 Manner of Operation of Motor Vehicles.

[R.O. 2007 §335.300; Ord. No. 703 §2, 4-13-1978; Ord. No. 2345, 11-14-2002]
Every person operating a motor vehicle shall drive the vehicle in a careful and prudent manner 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.

Section 335.230 Unnecessary Motor Acceleration.

[R.O. 2007 §335.350; Ord. No. 819 §§2 — 3, 9-10-1981]
No person shall accelerate a motor vehicle in such a manner that the tires of such vehicle lose traction and thereby squeal, squall or spin, nor decelerate a motor vehicle in such a manner that the tires of such vehicle lock and skid, except when reasonably necessary in an attempt to avoid an accident or collision with another vehicle or with an object, person or animal.

Section 335.240 Driving To The Right.

A. 
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; or
4. 
Upon a roadway designated by local ordinance as a one-way street and marked or signed for one-way traffic.
B. 
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 semi-circular 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.
C. 
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 (½) of the main traveled portion of the roadway whenever possible.
D. 
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.

Section 335.250 Prohibition Against Driving On Sidewalk Between Park and Hospital.

[R.O. 2007 §335.375; Ord. No. 862 §§1 — 3, 10-13-1983]
A. 
It is unlawful to operate any motor-driven or foot-driven vehicle, including, but not necessarily limited to, automobiles, pickups, dune buggies, motorcycles, go-carts, bicycles and tripeds, on, over or within ten (10) feet either side of the sidewalk running from Dunnegan Memorial Park and thence through the park and the grounds of Citizens Memorial Hospital and continuing along such grounds to the point of its termination near the north end of the hospital facility. It is hereby declared to be the intention of this Section to limit the use of such walkway exclusively to pedestrians, joggers and other foot or wheelchair traffic.
B. 
No culpable mental state is necessary to constitute a violation of the provisions of this Section.

Section 335.260 Prohibition Against Roller Skating or Skateboarding On Sidewalks in Central Business District.

[R.O. 2007 §335.377; Ord. No. 1208A §1, 4-28-1992]
A. 
It shall be unlawful to roller skate or skateboard on any sidewalk in the Central Business District as defined in this Chapter between the hours of 6:00 A.M. and 8:00 P.M. on Monday through Saturday.
B. 
Any person violating the provisions of this Section shall be deemed guilty of an infraction and, upon conviction, shall be punished as provided by Section 100.220 of the Bolivar Municipal Code or as said Code may hereafter be amended from time to time.
C. 
No culpable mental state is necessary to constitute a violation of the provisions of this Section.

Section 335.270 Cruising.

[R.O. 2007 §335.380; Ord. No. 901 §1, 4-11-1985]
A. 
For the purposes of this Section, the terms "cruise" or "cruising" shall mean the practice of driving a motor vehicle through, onto, over or across private property, private ways, commercial parking lots or other non-public areas, except for the purpose of conducting social or commercial business with the owner, tenant or occupant of such premises.
B. 
It shall be lawful for the owner, tenant or occupant of any lot, parcel or tract of land in the City of Bolivar, Missouri, to post such property in a conspicuous manner and at all normal entrances thereof with signs reading:
NO "CRUISING"
VIOLATORS SUBJECT TO PROSECUTION
UNDER SECTION 335.270 OF THE BOLIVAR CITY CODE
C. 
It shall be unlawful for any person to "cruise" on any premises posted in accordance with Subsection (B) hereof.

Section 335.280 Prohibition Against Vehicular Traffic On Frisco Highline Trail.

[R.O. 2007 §335.385; Ord. No. 2561, 7-14-2005]
A. 
It is unlawful to operate any motor-driven vehicle, including, but not necessarily limited to, automobiles, pickups, other trucks, dune buggies, motorcycles or go-carts, on, over or across any part of that part of the Frisco Highline Trail lying within the corporate limits of the City of Bolivar, Missouri.
B. 
This Section shall not apply to Police, fire, ambulance or trail maintenance vehicles while in the performance of their official function.
C. 
Any person violating the provisions of this Section shall be guilty of an infraction.
D. 
No culpable mental state is necessary to constitute a violation of the provisions of this Section.

Section 335.290 Text Messaging While Operating A Motor Vehicle Prohibited — Exceptions — Definitions — Violation, Penalty.

[Ord. No. 3016 §I, 11-10-2011]
A. 
Except as otherwise provided in this Section, no person twenty-one (21) years of age or younger operating a moving motor vehicle upon the highways of this State shall, by means of a handheld electronic wireless communications device, send, read, or write a text message or electronic message.
B. 
The provisions of Subsection (A) of this Section shall not apply to a person operating:
1. 
An authorized emergency vehicle; or
2. 
A moving motor vehicle while using a handheld electronic wireless communications device to:
a. 
Report illegal activity;
b. 
Summon medical or other emergency help;
c. 
Prevent injury to a person or property; or
d. 
Relay information between a transit or for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle.
C. 
Nothing in this Section shall be construed or interpreted as prohibiting a person from making or taking part in a telephone call, by means of a handheld electronic wireless communications device, while operating a motor vehicle upon the highways of this State.
D. 
As used in this Section, "electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between handheld electronic wireless communication devices. "Electronic message" includes, but is not limited to, electronic mail, a text message, an instant message, or a command or request to access an Internet site.
E. 
As used in this Section, "handheld electronic wireless communications device" includes any handheld cellular phone, palm pilot, blackberry, or other mobile electronic device used to communicate verbally or by text or electronic messaging, but shall not apply to any device that is permanently embedded into the architecture and design of the motor vehicle.
F. 
As used in this Section, "making or taking part in a telephone call" means listening to or engaging in verbal communication through a handheld electronic wireless communication device.
G. 
As used in this Section, "send, read, or write a text message or electronic message" means using a handheld electronic wireless telecommunications device to manually communicate with any person by using an electronic message. Sending, reading, or writing a text message or electronic message does not include reading, selecting, or entering a phone number or name into a handheld electronic wireless communications device for the purpose of making a telephone call.
H. 
A violation of this Section shall be deemed an ordinance violation punishable under Section 100.220 of the Bolivar Municipal Code.
I. 
The provisions of this Section shall not apply to:
1. 
The operator of a vehicle that is lawfully parked or stopped;
2. 
Any of the following while in the performance of their official duties: a Law Enforcement Officer; a member of a Fire Department; or the operator of a public or private ambulance;
3. 
The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system;
4. 
The use of voice-operated technology;
5. 
The use of two-way radio transmitters or receivers by a licensee of the Federal Communications Commission in the Amateur Radio Service.