[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.
FUNERAL DIRECTOR
FUNERAL LEAD VEHICLE OR LEAD VEHICLE
ORGANIZED FUNERAL PROCESSION
Definitions. As used in this Section, the following terms
shall have the following meanings:
A person licensed as a funeral director pursuant to the provisions
of Chapter 333, RSMo.
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.
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.
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:
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.
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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.
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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]
[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:
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]
[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]
[Ord. No. 6855, 9-26-2023]
A.
COMMERCIAL MOTOR VEHICLE
1.
2.
3.
4.
ELECTRONIC COMMUNICATION DEVICE
1.
2.
HIGHWAY
NON-COMMERCIAL MOTOR VEHICLE
OPERATING
OPERATOR
SCHOOL BUS
VOICE-OPERATED OR HANDS-FREE FEATURE OR FUNCTION
As used in this Section, the following terms shall mean:
A motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property:
If the vehicle has a gross combination weight rating or gross
combination weight of twenty-six thousand one (26,001) or more pounds,
whichever is greater, inclusive of a towed unit which has a gross
vehicle weight rating or gross vehicle weight of more than ten thousand
(10,000) pounds, whichever is greater;
If the vehicle has a gross vehicle weight rating or gross vehicle
weight of twenty-six thousand one (26,001) or more pounds, whichever
is greater;
If the vehicle is designed to transport sixteen (16) or more
passengers, including the driver; or
If the vehicle is transporting hazardous materials and is required
to be placarded under the Hazardous Materials Transportation Act (46
U.S.C. § 1801 et seq.).
A portable device that is used to initiate, receive, store,
or view communication, information, images, or data electronically;
Such term shall include, but not be limited to: cellular telephones;
portable telephones; text-messaging devices; personal digital assistants;
pagers; broadband personal communication devices; electronic devices
with mobile data access; computers, including, but not limited to,
tablets, laptops, notebook computers, and electronic or video game
systems; devices capable of transmitting, retrieving, or displaying
a video, movie, broadcast television image, or visual image; and any
substantially similar device that is used to initiate or receive communication
or store and review information, videos, images, or data;
Such term shall not include: radios; citizens band radios; commercial
two-way radio communication devices or their functional equivalent;
subscription-based emergency communication devices; prescribed medical
devices; amateur or ham radio devices; or global positioning system
receivers, security, navigation, communication, or remote diagnostics
systems permanently affixed to the vehicle.
Any public thoroughfare for vehicles, including State roads,
County roads and public streets, avenues, boulevards, parkways, or
alleys in any municipality.
A motor vehicle or combination of motor vehicles not defined
by the term commercial motor vehicle in this Section.
The actual physical control of a vehicle.
A person who is in actual physical control.
A commercial motor vehicle used to transport preprimary,
primary, or secondary school students from home to school, from school
to home, or to and from school-sponsored events. School bus does not
include a bus used as a common carrier as defined by the Secretary
of Transportation of the United States.
A feature or function, whether internally installed or externally
attached or connected to an electronic communication device, that
allows a person to use an electronic communication device without
the use of either hand, except to activate, deactivate, or initiate
the feature or function with a single touch or single swipe.
B.
Except as otherwise provided in this Section, while operating a non-commercial
motor vehicle or commercial motor vehicle on any highway or property
open to the public for vehicular traffic in this City, no operator
shall:
1.
Physically hold or support, with any part of his or her body,
an electronic communication device;
2.
Write, send, or read any text-based communication, including,
but not limited to, a text message, instant message, email, or social
media interaction on an electronic communication device. This subdivision
shall not apply to operators of a non-commercial motor vehicle using
a voice-operated or hands-free feature or function that converts the
message to be sent as a message in a written form, provided that the
operator does not divert his or her attention from lawful operation
of the vehicle;
3.
Make any communication on an electronic communication device,
including a phone call, voice message, or one-way voice communication;
provided, however, that this prohibition shall not apply to use of
a voice-operated or hands-free feature or function;
4.
Engage in any form of electronic data retrieval or electronic
data communication on an electronic communication device;
5.
Manually enter letters, numbers, or symbols into any website,
search engine, or application on an electronic communication device;
6.
Watch a video or movie on an electronic communication device,
other than watching data related to the navigation of the vehicle;
or
7.
Record, post, send, or broadcast video, including a video conference,
on an electronic communication device, provided that this prohibition
shall not apply to electronic devices used for the sole purpose of
continually monitoring operator behavior by recording or broadcasting
video within or outside the vehicle.
C.
The operator of a school bus shall not use or operate an electronic
communication device while the school bus is in motion unless the
device is being used in a similar manner as a two-way radio to allow
live communication between the operator and school officials or public
safety officials. The operator of a school bus shall not use or operate
an electronic communication device or a two-way radio while loading
or unloading passengers.
D.
This Section shall not apply to:
1.
Law Enforcement Officers or operators of emergency vehicles,
as such term is defined in Section 304.022, RSMo., who are both using
the electronic communication device and operating the emergency vehicle
in the performance of their official duties;
2.
Operators using an electronic communication device for the sole
purpose of reporting an emergency situation and continuing communication
with emergency personnel during the emergency situation;
3.
Operators of non-commercial motor vehicles using an electronic
communication device solely through a voice-operated or hands-free
feature or function;
4.
Operators of commercial motor vehicles using a voice-operated
or hands-free feature or function, as long as the operator remains
seated and is restrained by a seat belt as required by law;
5.
Operators of commercial motor vehicles reading a message displayed
on a permanently installed communication device designed for a commercial
motor vehicle with a screen that does not exceed ten (10) inches tall
by ten (10) inches wide in size;
6.
Operators using electronic communication devices while the vehicle
is lawfully stopped or parked;
7.
Commercial motor vehicles that are responding to a request for
roadside assistance, when such response is conducted by a motor club
as defined in Section 385.450, RSMo., or a towing company as defined
in Section 304.001, RSMo.;
8.
The use of an electronic communication device to relay information
between a transit or for-hire vehicle operator and that operator's
dispatcher, provided the device is mounted or affixed to the vehicle;
9.
The use of an electronic communication device to access or view
a map for navigational purposes;
10.
The use of an electronic communication device to access or listen
to an audio broadcast or digital audio recording; or
11.
The use of an electronic communication device to relay information
through a transportation network company's digital network to
a transportation network company driver, provided the device is mounted
or affixed to the vehicle.
E.
Penalties for violations of this Section shall be as provided in
this Subsection.
1.
For a conviction under this Section where there is no prior
conviction under this Section within the preceding twenty-four (24)
months, the court shall impose a fine of up to one hundred fifty dollars
($150.00).
2.
For a conviction under this Section where there is one (1) prior
conviction under this Section within the preceding twenty-four (24)
months, the court shall impose a fine of up to two hundred fifty dollars
($250.00).
3.
For a conviction under this Section where there are two (2)
or more prior convictions under this Section in the preceding twenty-four
(24) months, the court shall impose a fine of up to five hundred dollars
($500.00).
4.
For a conviction under this Section where the violation occurred
in a work zone when workers are present, or for a conviction under
this Section where the violation occurred in an area designated as
a school zone and marked in any way that would alert a reasonably
prudent operator to the presence of the school zone, the court shall
impose a fine of up to five hundred dollars ($500.00).
5.
A violation of this Section while operating a commercial motor
vehicle shall be deemed a serious traffic violation for purposes of
commercial driver's license disqualification.
F.
A Law Enforcement Officer who stops a non-commercial motor vehicle
for a violation of this Section shall inform the operator of the operator's
right to decline a search of their electronic communication device.
No warrant shall be issued to confiscate or access an electronic communication
device based on a violation of this Section unless the violation results
in serious bodily injury or death.
G.
A violation of this Section shall not be used to establish probable
cause for any other violation.
H.
The provisions of this Section shall be subject to the reporting
requirements set forth in Section 590.650, RSMo.
I.
Prior to January 1, 2025, a Law Enforcement Officer who stops a non-commercial
motor vehicle for a violation of this Section shall not issue a citation
for a violation of this Section and shall only issue a warning.
J.
No person shall be stopped, inspected, or detained solely for a violation
of this Section.
