[Ord. No. 1297, 11-2-1992; RSMo. §302.020; Ord. No. 1462 §1, 7-9-2001]
A.
Unless
otherwise provided for by law, it shall be unlawful for any person,
except those expressly exempted by Section 302.080, RSMo., to:
1.
Operate
any vehicle upon any highway, road, street or alley of the City unless
the person has in his or her possession a valid operator's license;
2.
Operate
a motorcycle or motortricycle upon any highway, road, street or alley
of the City unless such person has a valid license that shows the
person has successfully passed an examination for the operation of
a motorcycle or motortricycle as prescribed by the Missouri Director
of Revenue;
3.
Authorize
or knowingly permit a motorcycle or motortricycle owned by such person
or under such person's control to be driven upon any highway by any
person whose license does not indicate that the person has passed
the examination for the operation of a motorcycle or motortricycle
or has been issued an instruction permit therefor;
4.
Operate
a motor vehicle with an instruction permit or license issued to another
person.
B.
Every
person operating or riding as a passenger on any motorcycle or motortricycle,
as defined in Section 301.010, RSMo., upon any highway, road, street
or alley of the City shall wear protective headgear at all times the
vehicle is in motion. The protective headgear shall meet reasonable
standards and specifications established by the Missouri Director
of Revenue.
C.
Notwithstanding the provisions of Section 302.340, RSMo., any person convicted of violating Subdivision (1) or (2) of Subsection (A) of this Section is guilty of an offense. A person operating a motor vehicle in violation of this Section who has an otherwise valid but expired operator's license shall be fined an amount not to exceed sixty dollars ($60.00), exclusive of court costs. A person operating a motor vehicle in violation of this Section, who has, on the date of the offense, but fails to produce for inspection, a valid operator's license, shall be fined an amount not to exceed fifty dollars ($50.00), exclusive of court costs. Any person who may be convicted a third (3rd) or subsequent time of violating Subdivision (1) or (2) of Subsection (A) of this Section may also be guilty of a Class D felony under Section 302.020, RSMo., and prosecution therefor shall be deferred to the State. Notwithstanding the provisions of Section 302.340, RSMo., violation of Subdivisions (3) and (4) of Subsection (A) of this Section is an offense, and the penalty for failure to wear protective headgear as required by Subsection (B) 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 for failure to wear such protective headgear.
[Ord. No. 1244 §VII (660.010), 4-3-1989; Ord. No. 1694 §1, 8-18-2004]
No person who is a resident of this State shall operate or park
a motor vehicle upon the highways, roads, streets or alleys of the
City, unless such motor vehicle has been properly registered with
the Director of Revenue, displays a valid license plate or temporary
permit issued by the Director of Revenue and is in compliance with
all Statutes of the State set forth in Chapter 301, RSMo., pertaining
to motor vehicles.
[1]
Editor's Note — Ord. no. 1402, adopted on March 13,
2000, repealed sections 390.010 — 390.070 enacting the new provisions
set out herein. Former sections 390.010 — 390.070 derived from
R.O. 1966 §§430.030, 430.050 — 430.060, 430.080; ord
no. 1124 §§1 — 4, 2-15-1977; ord. no. 1159 §7,
3-11-1980 and ord. no. 1327 §§1 — 2. 3-6-1995.
[Ord. No. 1441 §2, 2-13-2001; Ord. No. 1958 §1, 1-14-2009]
A.
Every
resident of the City who is the owner of a motor vehicle on January
first (1st) shall, for each vehicle so owned, procure a use license
therefore. The fee to be assessed for each such license shall be in
the amount of five dollars ($5.00), regardless of the horsepower,
classification, purpose or use of the vehicle.
B.
The term "motor vehicle", as used herein, shall be defined as any
self-propelled vehicle designed or intended for operation on a public
roadway, having an assessed valuation for Clinton County personal
property tax purposes in excess of one dollar ($1.00). Tractors and
motorized farm equipment shall not be included within the definition
of a motor vehicle.
C.
The term "owner", as used herein, shall be defined as any resident
of the City designated on the personal property tax record of Clinton
County, Missouri, as the owner, title holder or lessee of any motor
vehicle and shall further include any resident having exclusive use
and possession for a period of more than sixty (60) days of a motor
vehicle owned by a non-resident.
[Ord. No. 1463 §§1 —
2, 7-9-2001]
A.
A person
commits the offense of driving while revoked if he operates a motor
vehicle on a highway, roadway, street or alley of the City when his
license or driving privilege has been canceled, suspended or revoked
under the laws of this State and acts with criminal negligence with
respect to knowledge of the fact that his driving privilege has been
canceled, suspended or revoked.
B.
Any resident
or non-resident whose license, right or privilege to operate a motor
vehicle in this State has been suspended or revoked as provided in
Sections 302.010 to 302.540, RSMo., shall not operate a motor vehicle
on a highway, roadway, street or alley in this City under a license,
permit or registration certificate issued by any other jurisdiction
or otherwise during such suspension or after such revocation until
a new license is obtained when and as permitted under Sections 302.010
to 302.540, RSMo. Any person in knowing violation of this Subsection
commits the offense of driving while revoked.
C.
Each
day's violation of or failure, refusal or neglect to comply with any
provision of this Section and/or Sections 302.010 to 302.540, RSMo.,
shall constitute a separate and distinct offense.
D.
Any person
convicted of driving while revoked is guilty of an offense.
E.
Any person
with no prior alcohol-related enforcement contacts as defined in Section
302.525, RSMo., who is charged with a violation of this Section and
may be convicted a fourth (4th) or subsequent time of driving while
revoked and any person with a prior alcohol-related enforcement contact
as defined in Section 302.525, RSMo., charged under this Section,
who may be convicted a third (3rd) or subsequent time of driving while
revoked may also be guilty of a Class D felony. Prosecution of all
such persons shall be deferred to the State.
[Ord. No. 1464 §§1 —
2, 7-9-2001]
It shall be an offense for any person to display or to permit
to be displayed, or to have in his possession, any license knowing
the same to be fictitious or to have been canceled, suspended, revoked,
disqualified or altered; to lend to or knowingly permit the use of
by another any license issued to the person so lending or permitting
the use thereof; to display or to represent as one's own any license
not issued to the person so displaying the same, or to fail or refuse
to surrender to the clerk of any division of the circuit court or
the Missouri Director of Revenue, any license which has been suspended,
canceled, disqualified or revoked, as provided by law; to use a false
or fictitious name or give a false or fictitious address on any application
for a license, or any renewal or duplicate thereof, or knowingly to
make a false statement, or knowingly to conceal a material fact, or
otherwise commit a fraud in any such application; to authorize or
consent to any motor vehicle owned by him or under his control to
be driven by any person, when he has knowledge that such person has
no legal right to do so, or for any person to drive any motor vehicle
in violation of any of the provisions of Sections 302.010 to 302.780,
RSMo.; to employ a person to operate a motor vehicle in the transportation
of persons or property, with knowledge that such person has not complied
with the provisions of Sections 302.010 to 302.780, RSMo., or whose
license has been revoked, suspended, canceled or disqualified; or
who fails to produce his or her license upon demand of any person
or persons, including any Police Officer of the City, authorized to
make such demand.
[1]
Editor's Note — Ord. no. 1464 §§1 —
2, adopted on July 9, 2001, repealed §390.040 and enacted new
provisions set out herein. Former §390.040 derived from ord.
no. 1402 §1, 3-13-2000 and ord. no. 1441 §§1 —
2, 2-13-2001.
[Ord. No. 1465 §§1 —
2, 7-9-2001]
A.
No owner
of a motor vehicle registered in this State, or required to be registered
in this State, shall operate or permit another person to operate such
vehicle on the highways, roadways, streets or alleys of the City,
unless the owner maintains the financial responsibility which conforms
to the requirements of the laws of this State. Furthermore, no person
shall operate a motor vehicle owned by another with the knowledge
that the owner has not maintained financial responsibility, unless
such person has financial responsibility which covers the person's
operation of the other's vehicle; however, no owner shall be in violation
of this Subsection if he or she fails to maintain financial responsibility
on a motor vehicle which is inoperable or being stored and not in
operation.
B.
A motor
vehicle owner shall maintain the owner's financial responsibility
in a manner provided for in Section 303.160, RSMo., or with a motor
vehicle liability policy which conforms to the requirements of the
laws of this State.
C.
Any person who violates Subsections (A) and/or (B) of this Section is guilty of an offense. However, no person shall be found guilty of violating those Subsections if the operator demonstrates to the Court that he or she met the financial responsibility requirements of this Section at the time the Peace Officer, commercial vehicle enforcement officer or commercial vehicle inspector wrote the citation. In addition to any other authorized punishment, the court shall notify the Director of Revenue of any person convicted pursuant to this Section and shall do one (1) of the following:
1.
Forward
the record of the conviction for an assessment of four (4) points;
or
2.
In lieu
of an assessment of points, render an order of supervision as provided
in Section 302.303, RSMo. An order of supervision shall not be used
in lieu of points more than one (1) time in any thirty-six (36) month
period. The Municipal Court shall forward a record of conviction or
the order of supervision to the Missouri Department of Revenue within
ten (10) days.
D.
No person
shall display evidence of insurance to a City Police Officer knowing
there is no valid liability insurance in effect on the motor vehicle
as required pursuant to this Section, or Missouri Statute, or knowing
the evidence of insurance is illegally altered, counterfeit or otherwise
invalid as evidence of insurance. If the Law Enforcement Officer issues
a citation to a motor vehicle operator for displaying invalid evidence
of insurance, the officer shall confiscate the evidence for presentation
in court. Any person convicted of violating this Subsection is guilty
of an offense, punishable by a fine not to exceed five hundred dollars
($500.00), exclusive of court costs, or imprisonment for not more
than six (6) months.
[1]
Editor's Note — Ord. no. 1465 §§1 —
2, adopted on July 9, 2001, repealed §390.050 and enacted new
provisions set out herein. Former §390.050 derived from ord.
no. 1402 §1, 3-13-2000 and ord. no. 1441 §§1 —
2, 2-13-2001.
[Ord. No. 1466 §2, 7-9-2001]
A.
It shall
be unlawful for any person under the age of eighteen (18) years to
operate a motor vehicle on the highways, roadways, streets or alleys
of the City.
B.
No person
shall cause or knowingly permit his child or ward under the age of
eighteen (18) years to drive a motor vehicle upon any highway, roadway,
street or alley of the City when such child or ward is not authorized
hereunder or is in violation of any of the provisions of Section 302.010
to 302.260, RSMo.
C.
No person
shall authorize or knowingly permit a motor vehicle owned by him or
under his control to be driven upon any highway, roadway, street or
alley of the City by any person who is not authorized hereunder, or
is in violation of any of the provisions of Sections 302.010 to 302.260,
RSMo.
D.
Exception — Operation Under And In Compliance With The Requirements
Of A Temporary Instruction Permit Issued Pursuant To Section 302.130,
RSMo.
1.
Any
person at least fifteen (15) years of age who, except for age or lack
of instruction in operating a motor vehicle, would otherwise be qualified
to obtain a license pursuant to Sections 302.010 to 302.340, RSMo.,
may apply for and the Director shall issue a temporary instruction
permit entitling the applicant, while having such permit in the applicant's
immediate possession, to drive a motor vehicle of the appropriate
class upon the highways for a period of twelve (12) months, but any
such person, except when operating a motorcycle or motortricycle,
must be accompanied by a licensed operator for the type of motor vehicle
being operated who is actually occupying a seat beside the driver
for the purpose of giving instruction in driving the motor vehicle,
who is at least twenty-one (21) years of age, and in the case of any
driver under sixteen (16) years of age, the licensed operator occupying
the seat beside the driver shall be a grandparent, parent or guardian
who has a valid driver's license.
2.
In the
event the parent, grandparent or guardian of the person under sixteen
(16) years of age has a physical disability which prohibits or disqualifies
said parent, grandparent or guardian from being a qualified licensed
operator pursuant to this Section, said parent, grandparent or guardian
may designate a maximum of two (2) individuals authorized to accompany
the applicant for the purpose of giving instruction in driving the
motor vehicle. An authorized designee must be a licensed operator
for the type of motor vehicle being operated and have attained twenty-one
(21) years of age. At least one (1) of the designees must occupy the
seat beside the applicant while giving instruction in driving the
motor vehicle. The name of each authorized designee shall be printed
on the temporary instruction permit, however, the Missouri Director
of Revenue may delay the time at which permits are printed bearing
such names until the inventories of blank permits and related forms
existing on August 28, 1998, are exhausted.
3.
The
Missouri Director of Revenue, upon proper application on a form prescribed
by the Director, in his or her discretion, may issue a restricted
instruction permit effective for a school year or more restricted
period to an applicant who is enrolled in a high school driver training
program taught by a driver training instructor holding a valid driver
education endorsement on a teaching certificate issued by the State
Department of Elementary and Secondary Education even though the applicant
has not reached the age of sixteen (16) years but has passed the age
of fifteen (15) years. Such instruction permit shall entitle the applicant,
when the applicant has such permit in his or her immediate possession,
to operate a motor vehicle on the highways, but only when a driver
training instructor holding a valid driver education endorsement on
a teaching certificate issued by the State Department of Elementary
and Secondary Education is occupying a seat beside the driver.
4.
The
Missouri Director of Revenue, in his or her discretion, may issue
a temporary driver's permit to an applicant who is otherwise qualified
for a license permitting the applicant to operate a motor vehicle
while the Director is completing the Director's investigation and
determination of all facts relative to such applicant's rights to
receive a license. Such permit must be in the applicant's immediate
possession while operating a motor vehicle, and it shall be invalid
when the applicant's license has been issued or for good cause has
been refused.
E.
Exception — Operation Under And In Compliance With The Requirements
Of An Intermediate Driver's License Issued Pursuant To Section 302.178,
RSMo.
1.
Beginning
January 1, 2001, any person between the ages of sixteen (16) and eighteen
(18) years who is qualified to obtain a license pursuant to Sections
302.010 to 302.340, RSMo., may apply for, and the Missouri Director
of Revenue shall issue, an intermediate driver's license entitling
the applicant, while having such license in his or her possession,
to operate a motor vehicle of the appropriate class upon the highways
of this State in conjunction with the requirements of this Section.
2.
No operator holding an intermediate driver's license shall operate a motor vehicle on the highways, roadways, streets or alleys of the City under such an intermediate driver's license between the hours of 1:00 A.M. and 5:00 A.M., unless accompanied by a person described in Subsection (D) above; except the licensee may operate a motor vehicle without being accompanied if the travel is to or from a school or educational program or activity, a regular place of employment, or in emergency situations as defined by the Missouri Director of Revenue by regulation.
3.
Each
intermediate driver's license shall be restricted by requiring that
the driver and all passengers in the licensee's vehicle wear safety
belts at all times. This safety belt restriction shall not apply to
a person operating a motorcycle.
F.
Any person
operating or permitting the operation of a motor vehicle in violation
of this Section shall be guilty of an offense, punishable by a fine
not to exceed two hundred fifty dollars ($250.00), exclusive of court
costs, or by imprisonment for a period not to exceed three (3) months,
or both.
