City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents

Section 340.010 Following Emergency Vehicle Prohibited.

Section 340.020 Crossing Fire Hose.

Section 340.030 Funeral Processions.

Section 340.040 through Section 340.050. (Reserved)

Section 340.060 When Permits Required for Parades and Processions.

Section 340.070 Vehicles on Roadway.

Section 340.075 Vehicle Shall Not Be Driven on a Sidewalk — Prohibition on Obstruction of Bicycle Lanes — Drivers to Yield to Bicycles in Designated Bicycle Lanes.

Section 340.080 Limitations on Backing.

Section 340.090 Opening and Closing Vehicle Doors.

Section 340.100 Riding on Motorcycles, Additional Passenger, Requirements.

Section 340.110 Riding Bicycle on Sidewalks, Limitations — Motorized Bicycles Prohibited.

Section 340.120 All-Terrain Vehicles, Prohibited — Exceptions, Operation Under an Exception — Prohibited Uses — Penalty.

Section 340.125 Motor Assisted Scooters, Dune Buggies and Go-Carts — Restrictions on Use on Certain Streets.

Section 340.127 Recreational Off-Highway Vehicles, Operation on Highways Prohibited, Exceptions — Operation Within Streams and Rivers Prohibited, Exceptions — License Required for Operation, Exception.

Section 340.130 Riding Bicycles, Sleds, Roller Skates by Attaching to Another Vehicle Prohibited — Pulling a Rider Behind Vehicle Prohibited.

Section 340.135 Utility Vehicles, Operation on Highway and in Streams or Rivers Prohibited — Exceptions — Passengers Prohibited — Violations, Penalty.

Section 340.140 Controlled Access.

Section 340.150 Railroad Trains Not to Block Streets.

Section 340.160 Driving Through Safety Zone Prohibited.

Section 340.170 Manner of Operation of Motor Vehicles — Careful and Prudent.

Section 340.180 Driving to the Right.

Section 340.190 Passing Regulations.

Section 340.200 Hand and Mechanical Signals.

Section 340.210 Stopping for School Bus.

Section 340.220 Right-of-Way at Intersection — Signs at Intersections.

Section 340.230 Distance at Which Vehicle Must Follow.

Section 340.240 Boarding or Alighting From Vehicles.

Section 340.250 Unlawful Riding.

Section 340.260 Restrictions on Passengers and Loads in Vehicles.

Section 340.270 Placing Glass on Highway Properties.

Section 340.280 Vehicles Left Unattended.

Section 340.290 Aggressive Driving Prohibited.

Section 340.300 Automobiles on Private Property May Be Covered — Certain Restrictions.

Section 340.310 Endangerment of an Emergency Responder, Elements.

Section 340.010 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 340.020 Crossing Fire Hose.

No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street, private driveway to be used at any fire or alarm of fire, without the consent of the Fire Department Official in command.

Section 340.030 Funeral Processions.

[RSMo. §§194.500 — 194.512]
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 340.040 through Section 340.050. (Reserved) [1]

[1]
Editor's Note — When statutory provisions set out in Section 340.030 were placed herein, the provisions concerning funerals were superseded thereby. At the editor's discretion, these sections were reserved for the city's future use.

Section 340.060 When Permits Required for Parades and Processions.

[CC 1961 §38.44; Ord. No. 109, 1-29-1941]
It shall be unlawful for any person to conduct or take part in, upon any roadway, any procession or parade comprised of 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 funeral processions, without first having obtained a permit from the Chief of Police designating the streets such procession may traverse and the hours of the day within which the same may proceed. Such procession or parade shall be conducted only in conformity with the terms of such permit.

Section 340.070 Vehicles on Roadway.

[CC 1961 §38.49; Ord. No. 2068 §1, 4-21-1975]
The operator of a motor vehicle shall not operate the said motor vehicle on a sidewalk or on any unpaved portion of any lot, except at a driveway, or on any public park except on roadway provided therefor. All motor vehicles shall at all times be operated on the paved portion of the roadway, street or highway. Exempt from this Section are gardening vehicles and vehicles for the disabled.

Section 340.075 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 340.080 Limitations on Backing.

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 340.090 Opening and Closing Vehicle Doors.

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 340.100 Riding on Motorcycles, Additional Passenger, Requirements. [1]

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.
[1]
Cross Reference — As to headgear, see §380.220.

Section 340.110 Riding Bicycle on Sidewalks, Limitations — Motorized Bicycles Prohibited.

A. 
No person shall ride a bicycle upon a sidewalk within a business 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.

Section 340.120 All-Terrain Vehicles, Prohibited — Exceptions, Operation Under an Exception — Prohibited Uses — Penalty.

[RSMo. §300.348]
A. 
No person shall operate an all-terrain vehicle, as defined in Section 300.020, upon the streets and highways of this City, except as follows:
1. 
All-terrain vehicles owned and operated by a governmental entity for official use;
2. 
All-terrain vehicles operated for agricultural purposes or industrial on-premises purposes between the official sunrise and sunset on the day of operation; or
B. 
No person shall operate an off-road vehicle, as defined in Section 304.001, RSMo., within any stream or river in this City, except that off-road vehicles may be operated within waterways which flow within the boundaries of land which an off-road vehicle operator owns, or for agricultural purposes within the boundaries of land which an off-road vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this State at such road crossings as are customary or part of the highway system. All Law Enforcement Officials or Peace Officers of this State and its political subdivisions shall enforce the provisions of this Subsection within the geographic area of their jurisdiction.
C. 
A person operating an all-terrain vehicle on a street or highway pursuant to an exception covered in this Section shall have a valid 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.
F. 
A violation of this Section shall be an ordinance violation.

Section 340.125 Motor Assisted Scooters, Dune Buggies and Go-Carts — Restrictions on Use on Certain Streets.

[Ord. No. 3629 §§2 — 4, 9-20-2004]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
ADULT
An individual seventeen (17) years of age or older.
CHILD
Any individual under seventeen (17) years of age and who does not otherwise suffer from a medically determined disability where such disability interferes with the normal use of the individual's legs.
HELMET
Properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any Federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet.
MEDICALLY DETERMINED
Determined by a medical doctor.
MOTOR ASSISTED SCOOTER
A self-propelled device with at least two (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone.
PARENT
The natural or adoptive parent or court-appointed guardian or conservator of a child.
PUBLIC WAY OR PUBLIC PROPERTY
Real property owned, leased or controlled by a political subdivision of the State of Missouri, a governmental entity or agency or similar entity or any property that is publicly owned or maintained or dedicated to public use including, but not limited to, a path, trail, sidewalk, alley, street or highway and a public park facility.
WEARING A HELMET
The person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection.
B. 
Restrictions And Prohibitions For Motor Assisted Scooters/Penalty For Violation.
1. 
Restrictions and prohibitions on locations of use.
a. 
It is unlawful for any child or an adult to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City except on paths and trails set aside for the exclusive operation of bicycles.
b. 
It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City except on paths and trails set aside for the exclusive operation of bicycles.
c. 
It is presumed that a parent allowed a child to operate or ride a motor assisted scooter in a restricted or prohibited area.
d. 
This Section shall not apply when the person in question suffers from a medically determined disability and such disability interferes with the normal use of the person's legs or the motor scooter is authorized by a medical doctor.
2. 
Penalty.
a. 
A person who violates any provision of Subsection (B)(1)(a) above, upon conviction, shall be fined an amount not exceeding five hundred dollars ($500.00).
b. 
The purpose of this Subsection (B) is to promote safety and discourage the use of motor assisted scooters in unsafe areas.
C. 
Helmets Required/Penalty For Failure To Wear Helmet.
1. 
Helmet required.
a. 
It is unlawful for any person to operate or ride a motor assisted scooter unless the person is wearing a helmet.
b. 
It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter unless the child is wearing a helmet.
c. 
It is presumed that a parent allowed a child to operate or ride a motor assisted scooter without wearing a helmet.
d. 
It is a defense to prosecution that the motor assisted scooter was not being operated upon public property or a public way at the time of the alleged offense.
2. 
Penalty.
a. 
A person who violates any provision of Subsection (C)(1) above requiring helmets, upon conviction, shall be fined an amount not exceeding fifty dollars ($50.00) upon first (1st) conviction and an amount not exceeding one hundred dollars ($100.00) upon the second (2nd) and each subsequent conviction.
b. 
The Municipal Court shall dismiss a charge against a child and/or parent for a first (1st) offense under Subsection (C)(1) upon receiving proof that:
(1) 
The defendant acquired a helmet for the child who was operating or riding the motor assisted scooter in violation of Subsection (C)(1); and
(2) 
The defendant acquired the helmet on or before the tenth (10th) day after receiving the citation of violation.
c. 
If the charge against a person is dismissed under Subsection (C)(2)(b), a later conviction for a violation of Subsection (C)(1) shall be considered a second (2nd) or subsequent conviction for purposes of Subsection (C)(2)(a).
d. 
The purpose of this Subsection (C) is to promote safety and encourage the use of helmets.

Section 340.127 Recreational Off-Highway Vehicles, Operation on Highways Prohibited, Exceptions — Operation Within Streams and Rivers Prohibited, Exceptions — License Required for Operation, Exception.

A. 
No person shall operate a recreational off-highway vehicle, as defined in Section 300.020 of this Code, upon the highways of this City, except as follows:
1. 
Recreational off-highway vehicles owned and operated by a governmental entity for official use;
2. 
Recreational off-highway vehicles operated for agricultural purposes or industrial on-premises purposes;
3. 
Recreational off-highway vehicles operated within three (3) miles of the operator's primary residence. The provisions of this Subparagraph shall not authorize the operation of a recreational off-highway vehicle in a City unless such operation is authorized by such City as provided for in Subparagraph (5) of this Subsection;
4. 
Recreational off-highway vehicles operated by handicapped persons for short distances occasionally only on the State's secondary roads;
5. 
The City may issue special permits to licensed drivers for special uses of recreational off-highway vehicles on highways within the City limits. A fee of fifteen dollars ($15.00) may be collected and retained by the City for such permit.
B. 
No person shall operate a recreational off-highway vehicle within any stream or river in this State, except that recreational off-highway vehicles may be operated within waterways which flow within the boundaries of land which a recreational off-highway vehicle operator owns, or for agricultural purposes within the boundaries of land which a recreational off-highway vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this State at such road crossings as are customary or part of the highway system. All Law Enforcement Officials shall enforce the provisions of this Subsection within the geographic area of their jurisdiction.
C. 
A person operating a recreational off-highway vehicle on a highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle pursuant to Subdivision (4) of Subsection (A) of this Section, but shall not be required to have passed an examination for the operation of a motorcycle. An individual shall not operate a recreational off-highway vehicle upon a highway in this City without displaying a lighted headlamp and a lighted tail lamp. A person may not operate a recreational off-highway vehicle upon a highway of this City unless such person wears a seat belt. When operated on a highway, a recreational off-highway vehicle shall be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle's rollover.

Section 340.130 Riding Bicycles, Sleds, Roller Skates by Attaching to Another Vehicle Prohibited — Pulling a Rider Behind Vehicle Prohibited.

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.

Section 340.135 Utility Vehicles, Operation on Highway and in Streams or Rivers Prohibited — Exceptions — Passengers Prohibited — Violations, Penalty.

A. 
No person shall operate a utility vehicle, as defined in Section 300.020 of this Title, upon the highways of this City or State, except as follows:
1. 
Utility vehicles owned and operated by a governmental entity for official use;
2. 
Utility vehicles operated for agricultural purposes or industrial on-premises purposes between the official sunrise and sunset on the day of operation, unless equipped with proper lighting;
3. 
Utility vehicles operated by handicapped persons for short distances occasionally only on the State's secondary roads when operated between the hours of sunrise and sunset;
4. 
The City may issue special permits for utility vehicles to be used on highways within the City limits by licensed drivers. Fees of fifteen dollars ($15.00) may be collected and retained by the City for such permits.
5. 
The City may by resolution or ordinance allow utility vehicle operation on streets or highways under the City's jurisdiction. Any person operating a utility vehicle pursuant to a municipal resolution or ordinance shall maintain proof of financial responsibility in accordance with Section 303.160, RSMo., or maintain any other insurance policy providing equivalent liability coverage for a utility vehicle.
B. 
No person shall operate a utility vehicle within any stream or river in this City or State, except that utility vehicles may be operated within waterways which flow within the boundaries of land which a utility vehicle operator owns, or for agricultural purposes within the boundaries of land which a utility vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this City or State at such road crossings as are customary or part of the highway system. All Law Enforcement Officials shall enforce the provisions of this Subsection within the geographic area of their jurisdiction.
C. 
A person operating a utility vehicle on a highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle under Subparagraph (3) of Subsection (A) of this Section, 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 forty-five (45) miles per hour.
D. 
No persons shall operate a utility vehicle:
1. 
In any careless way so as to endanger the person or property of another; or
2. 
While under the influence of alcohol or any controlled substance.
E. 
No operator of a utility vehicle shall carry a passenger, except for agricultural purposes. The provisions of this Subsection shall not apply to any utility vehicle in which the seat of such vehicle is designed to carry more than one (1) person.
F. 
A violation of this Section shall be an ordinance violation.

Section 340.140 Controlled Access.

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.

Section 340.150 Railroad Trains Not to Block Streets.

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.

Section 340.160 Driving Through Safety Zone Prohibited.

No vehicle shall at any time be driven through or within a safety zone.

Section 340.170 Manner of Operation of Motor Vehicles — Careful and Prudent.

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.

Section 340.180 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.
E. 
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.
F. 
As used in Subsection (E) 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 300.020 of this Title.

Section 340.190 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 lines 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 or railroad grade crossing.

Section 340.200 Hand and Mechanical Signals.

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.

Section 340.210 Stopping for School Bus.

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.

Section 340.220 Right-of-Way at Intersection — Signs at Intersections. [1]

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. 
The City may, on any section of road where construction or major maintenance operations are being effected, fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of Section 340.170.
[1]
State Law Reference — This Section has additional penalties based on certain circumstances, §304.351, RSMo.

Section 340.230 Distance at Which Vehicle Must Follow.

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.

Section 340.240 Boarding or Alighting From Vehicles.

[CC 1961 §38.21; Ord. No. 109, 1-29-1941]
It shall be unlawful for any person to board or alight from any vehicle while the vehicle is in motion.

Section 340.250 Unlawful Riding.

[CC 1961 §38.22; Ord. No. 109, 1-29-1941]
It shall be unlawful for any person on any vehicle to ride upon any portion thereof not designed or intended for the use of passengers when the vehicle is in motion. 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 340.260 Restrictions on Passengers and Loads in Vehicles.

[CC 1961 §38.50; Ord. No. 2756 §1(38.50), 9-16-1985]
A. 
It shall be unlawful for the operator of any vehicle to drive the said vehicle when such vehicle is so loaded, or when there are in the front seat of such vehicle, such number of persons as to obstruct the view of the operator to the front or sides, or to interfere with the operator's control over the driving mechanism of the vehicle.
B. 
It shall be unlawful for any passenger in a vehicle to ride in such position as to interfere with the operator's view ahead or to the sides, or to interfere with the operator's control over the mechanism of the vehicle.

Section 340.270 Placing Glass on Highway Properties.

Any person who has purposely, accidentally, or by reason of an accident, dropped 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 street or highway, shall immediately make all reasonable efforts to clear the street or highway of the substances.

Section 340.280 Vehicles Left Unattended.

[CC 1961 §38.54; Ord. No. 109, 1-29-1941]
No person having control or charge of a motor vehicle shall allow the vehicle to stand on any street unattended without first setting the brakes thereon and stopping the motor of the vehicle and, when standing upon a perceptible grade, without turning the wheels of the vehicle to the curb or the side of the roadway.

Section 340.290 Aggressive Driving Prohibited.

[Ord. No. 3469 §§1 — 2, 9-4-1999]
A. 
It shall hereafter 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; or
2. 
Changing lanes; or
3. 
Following the other person's vehicle more closely than is reasonable and prudent under the totality of the circumstances; or
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 who shall violate provisions of this Section shall be guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500.00), or be imprisoned in the City or County Jail for a period not exceeding ninety (90) days, or both such fine and imprisonment.

Section 340.300 Automobiles on Private Property May Be Covered — Certain Restrictions.

[Ord. No. 3877 §§1 — 2, 12-21-2009]
A. 
Automobiles parked within the City of Berkeley on private property may be covered, if the vehicle is operative, registered with the State of Missouri Department of Motor Vehicles and the license plates are exposed.
B. 
Upon request by any agent of the City, the vehicle owner of the covered vehicle and/or the land owner of the property that the vehicle is situated on shall demonstrate that the vehicle is registered and operative.

Section 340.310 Endangerment of an Emergency Responder, Elements.

A. 
Definitions. As used in this Section, the following terms shall have the meanings set out herein:
ACTIVE EMERGENCY
Any incident occurring on a highway, as the term "highway" is defined in Section 302.010, RSMo., that requires emergency services from any emergency responder.
ACTIVE EMERGENCY ZONE
Any area upon or around any highway, which is visibly marked by emergency responders performing work for the purpose of emergency response, and where an active emergency, or incident removal, is temporarily occurring. This area includes the lanes of highway leading up to an active emergency or incident removal, beginning within three hundred (300) feet of visual sighting of:
1. 
Appropriate signs or traffic control devices posted or placed by emergency responders; or
2. 
An emergency vehicle displaying active emergency lights or signals.
EMERGENCY RESPONDER
Any law enforcement officer, paid or volunteer firefighter, first responder, emergency medical worker, tow truck operator, or other emergency personnel responding to an emergency on a highway.
B. 
Offense Of Endangerment Of An Emergency Responder, Elements.
1. 
A person commits the offense of endangerment of an emergency responder for any of the following offenses when the offense occurs within an active emergency zone:
a. 
Exceeding the posted speed limit by fifteen (15) miles per hour or more;
b. 
Passing in violation of Subsection (C)(3) of this Section;
c. 
Failure to stop for an active emergency zone flagman or emergency responder, or failure to obey traffic control devices erected, or personnel posted, in the active emergency zone for purposes of controlling the flow of motor vehicles through the zone;
d. 
Driving through or around an active emergency zone via any lane not clearly designated for motorists to control the flow of traffic through or around the active emergency zone;
e. 
Physically assaulting, attempting to assault, or threatening to assault an emergency responder with a motor vehicle or other instrument; or
f. 
Intentionally striking, moving or altering barrels, barriers, signs or other devices erected to control the flow of traffic to protect emergency responders and motorists unless the action was necessary to avoid an obstacle, an emergency, or to protect the health and safety of an occupant of the motor vehicle or of another person.
2. 
Except for the offense established under Subsection (B)(1)(f) of this Section, no person shall be deemed to have committed the offense of endangerment of an emergency responder except when the act or omission constituting the offense occurred when one or more emergency responders were responding to an active emergency.
3. 
No person shall be cited for, or found guilty of, endangerment of an emergency responder or aggravated endangerment of an emergency responder, for any act or omission otherwise constituting an offense under Subsection (B)(1) of this Section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle, or from the negligence of another person or emergency responder.
C. 
Violations, Penalties.
1. 
Upon the first conviction, finding of guilt or plea of guilty by any person for a moving violation, as the term "moving violation" is defined in Section 302.010, RSMo., or any offense listed in Section 302.302, RSMo., other than a violation described in Subsection (C)(2) of this Section, when the violation or offense occurs within an active emergency zone, the court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt, or plea of guilty, the court shall assess a fine of seventy-five dollars ($75.00) in addition to any other fine authorized by law.
2. 
Upon the first conviction, finding of guilt or plea of guilty by any person for a speeding violation under either Section 304.009 or 304.010, RSMo., or Chapter 320 of this Code, or a passing violation under Subsection (C)(3) of this Section, when the violation or offense occurs within an active emergency zone and emergency responders were present in such zone at the time of the offense or violation, the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt or plea of guilty, the court shall assess a fine of three hundred dollars ($300.00) in addition to any other fine authorized by law. However, no person assessed an additional fine under this Subparagraph shall also be assessed an additional fine under Subsection (C)(1) of this Section.
3. 
The driver of a motor vehicle shall not overtake or pass another motor vehicle within an active emergency zone.
4. 
The additional fines imposed by this Section shall not be construed to enhance the assessment of court costs.