[RSMo. §300.300; Ord. No. 850 §1.300, 4-27-1981]
The driver of any vehicle other than one on official business
shall not follow any fire apparatus traveling in response to a fire
alarm 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.
[RSMo. §300.305; Ord. No. 850 §1.305, 4-27-1981]
No vehicle shall be driven over any unprotected hose of a Fire
Department when laid down on any street, private driveway or streetcar
track, to be used at any fire or alarm of fire, without the consent
of the Fire Department official in command.
[RSMo. §300.310; Ord. No. 850 §1.310, 4-27-1981]
No driver of a vehicle shall drive between the vehicles comprising
a funeral or other authorized procession while they are in motion
and when such vehicles are conspicuously designated as required in
this Title. This provision shall not apply at intersections where
traffic is controlled by traffic control signals or Police Officers.
[RSMo. §300.315; Ord. No. 850 §1.315, 4-27-1981]
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.
[RSMo. §300.320; Ord. No. 850 §1.320, 4-27-1981]
A funeral composed of a procession of vehicles shall be identified
as such by the display upon the outside of each vehicle of a pennant
or other identifying insignia or by such other method as may be determined
and designated by the Traffic Division.
[RSMo. §300.325; Ord. No. 850 §1.325, 4-27-1981]
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.
[RSMo. §300.330; Ord. No. 850 §1.330, 4-27-1981; Ord. No. 1271 §1, 1-26-1998]
A. The
driver of a vehicle shall not drive within any sidewalk area, except
on a permanent or temporary driveway, and shall not drive on places
in the public street sowed to grass or improved for lawn or park purposes.
B. The
driver of a vehicle shall not drive within any part of the City Park
grounds, except such portions thereof which are clearly marked for
vehicular travel or parking or except upon the express direction of
City Park Department personnel or a Law Enforcement Officer.
[RSMo. §304.015.2]
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 under 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 Sections 304.014
to 304.026 or traffic regulations of the City;
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.
[RSMo. §300.335; Ord. No. 850 §1.335, 4-27-1981]
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.
[RSMo. §300.340; Ord. No. 850 §1.340, 4-27-1981]
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.
[RSMo. §300.345; Ord. No. 850 §1.345, 4-27-1981]
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.
[RSMo. §302.020; Ord. No. 796 §§I-III, 8-28-1979; Ord. No. 1355 §2, 6-11-2001]
A. Every
person operating or riding as a passenger on any motorcycle, as defined
in this Section, upon any street or alley located within the City
of Hermann, shall wear protective headgear at all times the vehicle
is in motion. The protective headgear shall meet reasonable standards
and specifications established by the Director of Revenue, or his
authorized officers and agents, of the State of Missouri.
B. The
term "motorcycle" shall mean, for purposes of this
Section, a motor vehicle operated on two (2) wheels.
C. Notwithstanding the provisions of Section 302.340, RSMo., the penalty for failure to wear protective headgear as required by Subsection
(A) of this Section is an infraction for which a fine not to exceed twenty-five dollars ($25.00) may be imposed. Notwithstanding all other provisions of law and court rules to the contrary, no court costs shall be imposed upon any person due to such violation. Pursuant to Section 302.020, RSMo., no points shall be assessed pursuant to Section 302.302, RSMo., for a failure to wear such protective headgear.
[RSMo. §300.347; Ord. No. 850 §1.347, 4-27-1981]
A. No
person shall ride a bicycle, skateboard, scooter, roller skates or
roller blades upon a sidewalk within a business district.
B. Whenever
any person is riding a bicycle, skateboard, scooter, roller skates
or roller blades 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.
[RSMo. §300.348; Ord. No. 1346 §1, 12-28-2000; Ord. No. 2376, 12-11-2023]
A. No person shall operate an all-terrain vehicle, utility vehicle, recreational off-highway vehicle or golf cart, as those terms are defined in Section
300.020, upon the streets and highways of this City, except as follows:
1. All-terrain vehicles, utility vehicles, recreational off-highway
vehicles and golf carts owned or operated by a governmental entity
for official use;
2. All-terrain vehicles, utility vehicles, recreational off-highway
vehicles, and golf carts operated for agricultural purposes or industrial
on-premises purposes between the official sunrise and sunset on the
day of operation, unless equipped with headlights, taillights, brake
lights and turn signals.
B. No
person shall operate an off-road vehicle, as defined in Section 304.001,
RSMo., within any stream or river in the 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, utility vehicle, recreational off-highway
vehicle or golf cart 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. While in operation, any all-terrain
vehicle, utility vehicle, recreational off-highway vehicle or 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 bicycle safety flag shall be triangular in shape with an area
of not less than thirty (30) square inches and shall be Day-Glo in
color.
D. No
person shall operate an all-terrain vehicle, utility vehicle, recreational
off-highway vehicle or golf cart:
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 the all-terrain vehicle, utility vehicle, recreational
off-highway vehicle or golf cart 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.
[Ord. No. 1346 §2, 12-28-2000]
A. It
shall be unlawful to operate or ride upon any two-, three-, or four-wheel
motor vehicle on any street, alley, or highway within the City of
Hermann if said motor vehicle is not capable of being licensed for
use on public highways within the State of Missouri and if not so
licensed, except as follows:
1. A riding lawn mower operated exclusively on that part of a public
street or alley located entirely within a residential district or
on an alley for the sole and immediate purpose of transporting such
riding lawn mower by the most direct route between the residence or
place of business of the owner thereof and the lot or lots intended
to be mowed by such person and mower, provided that such mower is
not operated upon any part of a State highway within the City of Hermann.
2. Any other motor vehicle specifically authorized by law or other provision
of this Code to be operated on a public street or highway, but only
upon the express conditions upon which authorized.
B. A person
operating a designated motor vehicle on a street or highway pursuant
to an exception covered in this Section shall display on said vehicle
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.
[RSMo. §300.350; Ord. No. 850 §1.350, 4-27-1981]
No person riding upon any bicycle, motorized bicycle, coaster,
roller skates, sled or toy vehicle shall attach the same or himself
to any vehicle upon a roadway.
[RSMo. §300.355; Ord. No. 850 §1.355, 4-27-1981]
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.
[RSMo. §300.360; Ord. No. 850 §1.360, 4-27-1981]
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.
[RSMo. §300.365; Ord. No. 850 §1.365, 4-27-1981]
No vehicle shall at any time be driven through or within a safety
zone.
[Ord. No. 702 §§1-4, 6-7-1976; Ord. No. 903 §34, 6-27-1983]
A. No
person shall cause his or her vehicle to spin its tires and thereby
make a loud and unnecessary noise.
B. No
person shall cause his or her vehicle to turn sharply or stop suddenly
and thereby make a loud and unnecessary noise.
C. Any actions set forth in Subsection
(A) and
(B) of this Section which were made for the sole purpose to avoid striking another vehicle, object or person shall be excused even if a loud noise resulted from the spinning of tires, turning or stopping of the vehicle.
[Ord. No. 893 §§2-6, 11-22-1982]
A. No
person shall park or cause to be parked any vehicle upon any street
or portion thereof which has been designated as a snow route at any
time during or after a snowfall which accumulates to a depth of four
(4) inches or more upon the streets of the City of Hermann until said
streets are cleared by city personnel.
B. All
owners of vehicles or the last operators of vehicles parked upon any
street herein designated as a snow route at any time after the accumulation
of four (4) inches or more of snow upon such streets shall remove
such vehicles from such designated streets not later than six (6)
hours after the commencement of any snowfall which results in said
accumulation, and alternatively, shall remove such vehicles from said
designated streets immediately after notice from and request by the
Chief of Police or Street Superintendent of the City of Hermann in
the event of any such snowfall. In the event of failure of any such
parked vehicle to be removed from the designated streets within said
six (6) hour period or within thirty (30) minutes after notice to
the owner or last known operator of such vehicle requesting the same
to be removed, the Chief of Police may order the removal of any such
illegally parked vehicle from the designated street by an authorized
tow operator. In the event any vehicle is towed pursuant to this Section,
the provisions of this Title shall apply with respect to the procedure
to be followed subsequent to towing.
C. The
determination of the Street Superintendent of the City of Hermann
as to the depth of snow accumulation on any occasion shall be final
and conclusive upon all persons for purposes of interpretation and
administration of this Section.
D. Each
day on which any violation of this Section occurs shall be deemed
a separate offense.
E. The
Street Superintendent and City Administrator of the City of Hermann
are hereby authorized and directed to cause to be erected upon each
street hereby designated as a snow route appropriate signs giving
notice thereof to the public and of the requirements of this Section.
[Ord. No. 2187, 3-9-2020]
A. Highway
19 Emergency Traffic Route. In the event of flooding or other events
which cause Missouri State Highway 19 (“Highway 19”) to
be closed at the Frene Creek Bridge, there is hereby designated an
emergency traffic route which shall utilize the following streets:
the 100 block of West 5th Street; the 500 block of Mozart Street;
the 200 block of West 6th Street and Washington Street from West 6th
Street to Missouri State Highway 100.
B. Highway
100 Emergency Traffic Route. In the event of flooding or other events
which cause Missouri State Highway 100 (“Highway 100”)
to be closed east of Reserve Street, there is hereby designated an
emergency traffic route which shall utilize the following streets:
Reserve Street, the 500 block of East 2nd Street, Gellert Street from
East 2nd Street to East 10th Street, the 400 block of East 10th Street,
Schieffer’s Branch from East 10th Street to East 12th Street,
the 300 and 400 blocks of East 12th and Gutenberg Streets from East
12th Street to Missouri State Highway H.
C. References
To Emergency Traffic Routes. The Highway 19 emergency traffic route
and the Highway 100 emergency traffic route are sometimes collectively
referred to in this Section as the “emergency traffic routes.”
D. City
Traffic Engineer To Order The Use of Emergency Traffic Routes. When
Highway 19 and/or Highway 100 are closed at the location(s) described
herein, the City Traffic Engineer is authorized and directed to order
the use of the emergency traffic routes by all motor vehicles. Such
order shall remain in effect until the City Traffic Engineer orders
that their use is no longer required.
E. No
Parking On Emergency Traffic Routes. During any time when an order
of the City Traffic Engineer to use of an emergency traffic route
is in effect, no person shall park or cause to be parked any vehicle
upon any street or portion thereof which is part of the emergency
traffic route.
F. “No
Parking” And “Detour” Signs. When the City Traffic
Engineer orders the use of emergency traffic routes, he or she shall
install “No Parking” and “Detour” signs at
locations which are determined by the City Traffic Engineer, in his
or her discretion, to most effectively eliminate parked cars on and
direct traffic to the emergency traffic routes.
G. Applicability
Of Emergency Traffic Route Regulations. The provisions of this Section
shall, while in effect, take precedence over other provisions of law
relating to parking and traffic on the emergency traffic routes.
H. Evidence
Of Violation. In any prosecution with regard to a vehicle parked or
left in a place or in a condition in violation of any provision of
this Section, proof that the particular vehicle described in the complaint
was parked or left in violation of a provision of this Section, together
with proof that the defendant named in the complaint was, at the time,
the registered owner of such vehicle, shall constitute prima facie
evidence that the defendant was, in fact, the person who parked or
left of the vehicle in violation of this Section.
I. Each
Day A Separate Offense. Each day on which any violation of this Section
occurs shall be deemed a separate offense.
J. Penalty
For Violation. Every person convicted of a violation of any provision
of this Section shall be punished by a fine of not more than one hundred
dollars ($100.00) nor less than five dollars ($5.00) or by imprisonment
for not more than thirty (30) days, or by both such fine and imprisonment.
[Ord. No. 1031 §1, 1-9-1989]
A. A person
commits the offense of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged
condition.
B. No
person shall operate a motor vehicle within the city of Hermann while
in an intoxicated or drugged condition.
C. No
person convicted of or pleading guilty to the offense of driving while
intoxicated shall be granted a suspended imposition of sentence for
such offense, unless such person shall be placed on probation for
a minimum of two (2) years.
[Ord. No. 1031 §2, 1-9-1989; Ord. No. 1363 §2, 9-10-2001]
A. A person
commits the offense of "driving with excessive blood alcohol
content" if he operates a motor vehicle with eight-hundredths
of one percent (.08%) or more by weight of alcohol in his blood.
B. No
person shall operate a motor vehicle within the City of Hermann when
such person has eight-hundredths of one percent (.08%) or more by
weight of alcohol in his blood.
C. As
used in this Section, percent by weight of alcohol in the blood shall
be based upon grams of alcohol per one-hundred (100) milliliters of
blood and may be shown by chemical analysis of the person's blood,
breath, saliva or urine.
D. For
the purposes of determining the alcoholic content of a persons's blood
under this Section, the test shall be conducted in accordance with
the provisions of applicable Missouri law.
[Ord. No. 1031 §2, 1-9-1989]
With respect to any arrest which may be made pursuant to Sections
340.190 and
340.200 of this Chapter, all relevant provisions of the Revised Statutes of Missouri shall apply which relate to the prohibitions against driving while intoxicated and driving with excessive blood alcohol content and the administration and application of such statutory prohibitions, including provisions for the implied consent of an operator of a motor vehicle to submit to a chemical test or tests of his breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of his blood if arrested for any such offense, provisions relating to the manner of effecting any such arrest, provisions relating to the administration of any such chemical analysis of a person's breath, blood, saliva or urine and the presumptions or inferences to be drawn therefrom and the admissibility of any such analysis or test into evidence at trial, and provisions relating to the consequences of the refusal of an operator of a motor vehicle to submit to any such chemical test or analysis; and further specifically including but not limited to all such provisions now set forth in Sections 577.001 through 577.051, RSMo. 1986, as amended, and any subsequently adopted amendments, revisions, additions, recodification, or re-enactments thereof.
[Ord. No. 318 §§1-2, 9-5-1950; Ord. No. 903 §13, 6-27-1983]
A. It
shall be unlawful for any person, firm or corporation to unload at
any service station within the City of Hermann or to drive or park
any motor vehicle with a tank having a capacity of more than one thousand
(1,000) gallons when said tank contains gasoline, or other inflammable
or explosive liquids, upon any street within the City of Hermann,
provided that such motor vehicles above described are permitted to
drive through the City of Hermann on the established Missouri State
Highways No. 19, No. 100 and Farm-to-Market Road "J." Provided further,
that such motor vehicles are permitted to unload at any Bulk Storage
Plant located along the Missouri-Pacific Railroad Company right of
way in the City of Hermann.
B. It
shall be unlawful for any person or persons to drive or park a motor
vehicle having a tank with a capacity of more than one thousand (1,000)
gallons within the City of Hermann, as described above, if such tank
is empty but has contained gasoline, or other inflammable or explosive
liquid, except for the purpose of securing necessary repairs to said
motor vehicle or tank; unless such empty tank shall have first been
steamed and a tag affixed thereto showing the date that such tank
was steamed and the name of the person performing such steaming operation.
[Ord. No. 850 §2.010, 4-27-1981; Ord. No. 1405 §2, 10-13-2003]
Every person operating a motor vehicle on the highways, streets
or alleys of the City, or on other property within the City which
is customarily open to the public and available for operation or parking
of motor vehicles, 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. 1128 §§1-2, 11-24-1992]
A. Each
driver and front seat passenger of a passenger car manufactured after
January 1, 1968, operated on a street or highway in this City, except
persons employed by the United States Postal Service while performing
duties for that federal agency which require operators to service
postal boxes from their vehicles or which require frequent entry into
and exit from their vehicles and except persons over age sixteen (16)
travelling in trucks, shall wear a properly adjusted and fastened
safety belt that meets federal National Highway, Transportation and
Safety Act requirements. Each driver of a motor vehicle transporting
a child four (4) years of age or more, but less than sixteen (16)
years of age, in the front seat of the motor vehicle shall secure
the child in a properly adjusted and fastened safety belt.
B. Every
person transporting a child under the age of four (4) years residing
in this state shall be responsible, when transporting such child in
a motor vehicle operated by that person on the streets or highways
of this City, for providing for the protection of such child. When
traveling in the front seat of a motor vehicle the child shall be
protected by a child passenger restraint system approved by the Missouri
Department of Public Safety. When traveling in the rear seat of a
motor vehicle the child shall be protected by either a child passenger
restraint system approved by the Department of Public Safety or the
vehicle's seat belt. When the number of child passengers exceeds the
number of available passenger positions, and all passenger positions
are in use, remaining children shall be transported in the rear seat
of the motor vehicle. The provisions of this Section shall not apply
to motor vehicles registered in another State or to a temporary substitute
vehicle.
C. No person shall be stopped, inspected, or detained solely to determine compliance with Subsection
(A) of this Section.
D. The
provisions of this Section shall not be applicable to a person who
has a medical reason for failing to have a seat belt fastened about
his or her body.
E. Every person who violates Subsection
(A) of this Section of this Section shall be guilty of an infraction and shall be punished by imposition of a fine not to exceed ten ($10.00) dollars. No court costs shall be imposed because of such violation.
F. Every person who violates Subsection
(B) of this Section shall be guilty of an infraction and shall be punished by imposition of a fine not to exceed twenty-five ($25.00) dollars, plus court costs.
[Ord. No. 1152 §1, 7-12-1993]
No person shall operate or park a commercial motor vehicle having
a manufacturer's gross vehicle weight rating or a license for the
transport of eighteen thousand (18,000) pounds or more upon any designated
street or within any designated area of the City of Hermann when prohibited
by any Schedule of this Title.
[RSMo. §304.017; Ord. No. 1355 §1, 6-11-2001]
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.
[RSMo. §304.019; Ord. No. 1355 §1, 6-11-2001]
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 Section 304.019, RSMo.
[RSMo. §§301.020 et seq.; Ord.
No. 1355 §1, 6-11-2001; Ord. No. 1510 §1, 6-27-2005]
No owner shall operate or drive a motor vehicle or trailer upon
the public streets, alleys or highways of the City unless a valid
certificate of registration therefor, as provided in Chapter 301,
RSMo., has been issued by the Director of Revenue for that purpose
and such person has proof of such registration available for inspection
upon reasonable request of a Police Officer.