City of Clayton, MO
St. Louis County
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Table of Contents
Table of Contents
[CC 1970 §21-70; CC 1947 §11-39; Ord. No. 5690 §1, 4-23-2002]
It shall be unlawful for the operator of any vehicle, other than one on official emergency business, to follow closer than three hundred (300) feet from any fire apparatus or other emergency vehicle traveling in response to a fire alarm or other emergency or to drive any vehicle within the block or immediate area where a fire apparatus or other emergency vehicle has stopped in answer to a fire alarm or other emergency.
[CC 1970 §21-71; CC 1947 §11-40; Ord. No. 5690 §2, 4-23-2002]
A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when laid down on any street, alleyway, private drive or any other vehicular roadway without the consent of the fire official in command of said operation.
[CC 1970 §21-73; CC 1947 §11-42; Ord. No. 5548 §1, 1-11-2000]
A. 
Definitions. As used in this Section, the following terms shall have the following meanings:
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 Subparagraph (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.
9. 
Any person convicted of violating any provision of this Section shall be punished by a fine not to exceed one hundred dollars ($100.00).
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.
[CC 1970 §21-32]
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.
[1]
State Law Reference—For similar provisions, §300.340, RSMo.
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.
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—Protective headgear, §360.190.
[CC 1970 §21-98; Ord. No. 3638 §§1—4, 3-12-1974; Ord. No. 6562, 11-13-2018[1]]
A. 
The operation of motor vehicles, motorcycles, motortricycles, or autocycles in the public parks of the City is hereby prohibited except upon those areas designated and set aside for such operation, such as parking areas and public streets, roads and driveways.
B. 
The operation of City vehicles for use in emergency, Police, administrative and maintenance and construction uses are specifically exempted from the prohibitions provided for in Subsection (A) of this Section.
C. 
The City Manager of the City is authorized to allow, on a temporary basis, the operation of motor vehicles, motorcycles, motortricycles, or autocycles anywhere in the public parks of the City for specific emergency, repair, maintenance and construction of convenience uses.
D. 
Any person who violates the provisions of this Section shall be deemed guilty of a misdemeanor.
[1]
Editor's Note: Ord. No. 6562 also changed the title of this Section to include autocycles.
[CC 1970 §21-81; CC 1947 §11-53; Ord. No. 6061 §1, 3-10-2009]
A. 
All vehicles not in motion shall be placed with their right side as near the right-hand side of the highway as practicable, except on streets of the City where vehicles are obliged to move in one (1) direction only or parking of motor vehicles is regulated by ordinance.
B. 
Upon all public roads or highways of sufficient width, a vehicle shall be driven upon the right-half of the roadway, except as follows:
1. 
When overtaking and passing another vehicle proceeding in the same direction 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 304.025, RSMo., or traffic regulations thereunder or of the City;
3. 
When the right-half of a roadway is closed to traffic while under construction or repair; or
4. 
Upon a roadway designated as a one-way street and marked or signed for one-way traffic.
C. 
It is unlawful to drive any vehicle upon any highway or road which has been divided into two (2) or more roadways by means of a physical barrier or by means of a dividing section or delineated by curbs, lines or other markings on the roadway, except to the right of such barrier or dividing section or to make any left turn or semicircular or U-turn on any such divided highway, except at an intersection or interchange or at any signed location designated by the State Highways and Transportation Commission or the Department of Transportation. The provisions of this Subsection shall not apply to emergency vehicles, law enforcement vehicles or to vehicles owned by the Commission or the department.
D. 
The authorities in charge of any highway or the State Highway Patrol may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the highway and all members of the State Highway Patrol and other Peace Officers may direct traffic in conformance with such signs. When authorized signs have been erected designating off-center traffic lanes, no person shall disobey the instructions given by such signs.
E. 
Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic, the following rules in addition to all others 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 304.025, RSMo.;
4. 
Official signs may be erected by the 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.
F. 
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.
G. 
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.
H. 
As used in Subsection (G) of this Section, "truck" means any vehicle, machine, tractor, trailer or semi-trailer 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 301.010, RSMo.
I. 
Any driver who violates this Section is guilty of an infraction and upon conviction may be punished by a fine not to exceed two hundred dollars ($200.00) unless:
1. 
Such violation causes an immediate threat of an accident, in which case such violation shall be deemed a misdemeanor and upon conviction may be punished by a fine not to exceed three hundred dollars ($300.00) or by imprisonment not to exceed fifteen (15) days or by both such fine and imprisonment; or
2. 
An accident results from such violation, in which case such violation shall be deemed a misdemeanor and upon conviction may be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed ninety (90) days or by both such fine and imprisonment as provided in Section 100.110 of this Code.
A. 
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations and exceptions hereinafter stated:
1. 
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle; and
2. 
Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of such driver's vehicle until completely passed by the overtaking vehicle.
B. 
The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions:
1. 
When the vehicle overtaken is making or about to make a left turn;
2. 
Upon a City street with unobstructed pavement of sufficient width for two (2) or more lanes of vehicles in each direction; or
3. 
Upon a one-way street.
The driver of a motor vehicle may overtake and pass another vehicle upon the right only under the foregoing conditions when such movement may be made in safety. In no event shall such movement be made by driving off the paved or main traveled portion of the roadway. The provisions of this Subsection shall not relieve the driver of a slow-moving vehicle from the duty to drive as closely as practicable to the right-hand edge of the roadway.
C. 
Except when a roadway has been divided into three (3) traffic lanes, no vehicle shall be driven to the left side of the centerline of a highway or public road in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
D. 
No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
1. 
When approaching the crest of a grade or upon a curve of the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.
2. 
When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct, tunnel or when approaching within one hundred (100) feet of or at any intersection or railroad grade crossing.
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 340.210.
[1]
State Law Reference—This Section has additional penalties based on certain circumstances, §304.351, RSMo.
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.
[CC 1970 §21-77; CC 1947 §11-46]
The driver of a vehicle shall not drive within any sidewalk area except on a permanent or temporary driveway. A 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 vehicle shall yield to any bicycle in the lane. As used in this Section, the term "designated bicycle lane" shall mean a portion of the roadway or highway that has been designated by the City Traffic Engineer or 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.
[CC 1970 §21-78; CC 1947 §11-47]
It shall be unlawful for the operator of any vehicle to drive the same when such vehicle is so loaded or is in such physical condition 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.
[CC 1970 §21-93]
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.
[1]
State Law Reference— For similar provisions, §300.355, RSMo.
[CC 1970 §21-102; Ord. No. 5533 §1, 10-12-1999]
A. 
It shall be unlawful for the operator of any motor vehicle intentionally to 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 vehicle; or
5. 
Operating his/her vehicle in a manner that endangers or would be likely to endanger any person or property.
B. 
Any person convicted of violating this provision shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) or by detention in the County Jail for not more than one (1) year, or by both such fine and imprisonment.
[CC 1970 §21-100; Ord. No. 5170 §1, 7-25-1995]
No motor vehicle shall be driven so as to overtake and pass another where appropriate signs and/or lane markings on the roadway indicate the beginning and end of no passing zones and such signs and markings are in place and clearly visible.
[CC 1970 §21-22; CC 1947 §11-23]
It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion.
[CC 1970 §21-23; CC 1947 §11-24]
It shall be unlawful for any person to ride on any vehicle 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.
[CC 1970 §21-24; CC 1947 §11-35]
It shall be unlawful for any person to park on any street any vehicle for the primary purpose of displaying advertising.
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.
A. 
The driver of a vehicle upon a highway upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children and whose driver has in the manner prescribed by law given the signal to stop shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion or until signaled by its driver to proceed.
B. 
Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words "School Bus" in letters not less than eight (8) inches in height. Each bus shall have lettered on the rear in plain and distinct type the following: "State Law: Stop While Bus is Loading and Unloading". Each school bus subject to the provisions of Sections 304.050 to 304.070, RSMo., shall be equipped with a mechanical and electrical signaling device approved by the State Board of Education which will display a signal plainly visible from the front and rear and indicating intention to stop.
C. 
Every school bus operated to transport students in the public school system which has a gross vehicle weight rating of more than ten thousand (10,000) pounds, which has the engine mounted entirely in front of the windshield and the entrance door behind the front wheels, and which is used for the transportation of school children shall be equipped with a crossing control arm. The crossing control arm, when activated, shall extend a minimum of five (5) feet six (6) inches from the face of the front bumper. The crossing control arm shall be attached on the right side of the front bumper and shall be activated by the same controls which activate the mechanical and electrical signaling devices described in Subsection (B) of this Section. This Subsection may be cited as "Jessica's Law" in commemoration of Jessica Leicht and all other Missouri school children who have been injured or killed during the operation of a school bus.
D. 
Except as otherwise provided in this Section, the driver of a school bus in the process of loading or unloading students upon a street or highway shall activate the mechanical and electrical signaling devices, in the manner prescribed by the State Board of Education, to communicate to drivers of other vehicles that students are loading or unloading. A public school district has the authority pursuant to Section 304.050, RSMo., to adopt a policy which provides that the driver of a school bus in the process of loading or unloading students upon a divided highway of four (4) or more lanes may pull off of the main roadway and load or unload students without activating the mechanical and electrical signaling devices in a manner which gives the signal for other drivers to stop and may use the amber signaling devices to alert motorists that the school bus is slowing to a stop; provided that the passengers are not required to cross any traffic lanes and also provided that the emergency flashing signal lights are activated in a manner which indicates that drivers should proceed with caution and, in such case, the driver of a vehicle may proceed past the school bus with due caution. No driver of a school bus shall take on or discharge passengers at any location upon a highway consisting of four (4) or more lanes of traffic, whether or not divided by a median or barrier, in such manner as to require the passengers to cross more than two (2) lanes of traffic; nor shall any passengers be taken on or discharged while the vehicle is upon the road or highway proper unless the vehicle so stopped is plainly visible for at least five hundred (500) feet in each direction to drivers of other vehicles in the case of a highway with no shoulder and a speed limit greater than sixty (60) miles per hour and at least three hundred (300) feet in each direction to drivers of other vehicles upon other highways, and on all highways, only for such time as is actually necessary to take on and discharge passengers.
E. 
The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or overtaking a school bus which is on a different roadway, which is proceeding in the opposite direction on a highway containing four (4) or more lanes of traffic, or which is stopped in a loading zone constituting a part of, or adjacent to, a limited or controlled access highway at a point where pedestrians are not permitted to cross the roadway.
[Ord. No. 6537, 5-22-2018]
A. 
As used in this Section "golf cart" means a motor vehicle constructed and configured substantially like vehicles primarily designed and manufactured for operation on a golf course for sporting or recreational purposes.
B. 
No person may operate or ride a golf cart on any roadway, street, whether publicly or privately owned, right-of-way, vehicular easement, including any associated berm or shoulder, sidewalk, trail, walkway or park property within the City of Clayton.
C. 
The operation of golf carts exclusively on private property owned by the vehicle owner, and the use of golf carts on pedestrian ways and streets substantially closed to vehicular access by governmental agencies for emergency, public safety, administrative, maintenance, construction and similar public purposes, are specifically exempted from the prohibitions provided for in Subsection (B) of this Section.
[Ord. No. 6537, 5-22-2018]
As used in Sections 340.240 through 340.290, the term "low-speed vehicle" means the same as "low-speed vehicle" in Section 304.029, RSMo., 2016, and 49 CFR, Section 571.3, as amended.
[Ord. No. 6537, 5-22-2018]
A. 
A low-speed vehicle may be operated upon the streets of the City of Clayton if it meets the requirements of Sections 340.240 through 340.290. Every person operating a low-speed vehicle shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other motor vehicle except as to the special regulations in Sections 340.240 through 340.290.
B. 
The operator of a low-speed vehicle shall observe all State and City traffic laws and rules of the road.
C. 
A low-speed vehicle shall not be operated on a street or highway with a posted speed limit greater than thirty-five (35) miles per hour. This provision shall not be construed to prohibit a low-speed vehicle from crossing, at an intersection or permitted crossing point, a street or highway with a posted speed limit greater than thirty-five (35) miles per hour.
[Ord. No. 6537, 5-22-2018]
A. 
A low-speed vehicle shall:
1. 
Meet the definitional requirements contained in Section 340.240;
2. 
Be manufactured in compliance with the National Traffic Safety Administration and comply with the standards in 49 CFR 571.500; and
3. 
Be equipped with:
a. 
Headlamps;
b. 
Front and rear turn signals;
c. 
Stop lamps;
d. 
Reflex reflectors; one (1) red on each side as far to the rear as practicable and one (1) red on the rear;
e. 
An exterior mirror mounted on the driver's side and either an exterior mirror on the passenger side or an interior rearview mirror;
f. 
A parking brake;
g. 
A windshield that conforms to the requirements of the Federal motor vehicle safety standard of glazing materials (49 CFR 571.205);
h. 
A serial number, manufacturer's code, or vehicle identification number; and
i. 
A type 1 or type 2 seatbelt assembly conforming to 49 CFR 571.209 and Federal Motor Vehicle Standard 209 for each designated seating position.
[Ord. No. 6537, 5-22-2018]
A. 
Every operator of a low-speed vehicle shall:
1. 
Possess a valid driver's license issued by the State pursuant to Chapter 302, RSMo., or a valid license issued by the operator's home State; and
2. 
Maintain financial responsibility as required by Chapter 303, RSMo.
[Ord. No. 6537, 5-22-2018]
A. 
It shall be the responsibility of the operator and owner of a low-speed vehicle to comply with State titling or registration requirements. The City of Clayton additionally imposes the requirement that any low-speed vehicle be properly registered with the Missouri Department of Revenue.
B. 
Low-Speed Vehicles owned and operated by governmental entities shall be exempt from this requirement.
[Ord. No. 6537, 5-22-2018]
Every person convicted of a violation of any provision of Sections 340.230 through 340.280 shall be punished by a fine of not more than fifty dollars ($50.00) for each violation.