[R.O. 2009 § 340.010]
No driver of any vehicle other than
one on official business shall follow any emergency vehicle traveling
in response to an emergency call closer than five hundred (500) feet
or drive into or park within the block where any fire apparatus has
stopped in answer to a fire alarm.
[R.O. 2009 § 340.020]
No vehicle shall be driven over any
unprotected hose of a Fire Department when laid down on any street
or private driveway to be used at any fire or alarm of fire without
the consent of the Fire Department official in command.
[R.O. 2009 § 340.030]
A.
FUNERAL DIRECTOR
FUNERAL LEAD VEHICLE OR LEAD VEHICLE
ORGANIZED FUNERAL PROCESSION
Definitions. As used in this Section, the
following terms shall mean:
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 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).
A.
PARADE or PROCESSION
PARADE PERMIT
Definitions. For purposes of this Section,
the following terms shall mean the following:
Parade means any parade, march, ceremony, show, exhibition,
pageant or procession of any kind, or any similar display, in or upon
any street, City park, or other public place in the City, comprising
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 such shall not include
funerals, a government acting within the scope of its functions, the
forces of the United States Military Branches, the military forces
of this State, and the forces of the Police and Fire Departments.
A permit as required by this Section.
B.
Permit Required For Parade Or Procession.
It shall be unlawful for any person to conduct or take part in any
parade or procession that has not received approval via issuance of
a parade permit from the office of the City Clerk.
C.
Fee.
1.
No parade permit fee shall be charged
unless the applicant requests the City provide extraordinary services
or equipment, or the City Administrator otherwise determines that
extraordinary services or equipment should be provided to protect
the public health or safety. The applicant shall pay a deposit of
fifty percent (50%) of the anticipated cost of the required extraordinary
services or equipment at the time of application, or as soon thereafter
as a determination is made by the City, and agree to pay the City
for the adjusted actual costs within fifteen (15) calendar days after
the conclusion of the parade or procession.
2.
Applicants shall further agree to
reimburse the City for reasonable costs of damage to any City equipment
loaned or used for the public safety or convenience.
D.
Application — Generally.
1.
Any person desiring to conduct or
sponsor a parade or procession in the City shall first make written
application for a parade permit on a form to be provided by the City
Clerk.
2.
Application must be filled in completely.
a.
Requests for a parade permit must
be received with enough time for multiple departments to review and
provide comments on the same [preferably three (3) weeks prior to
the requested activity].
b.
If the parade or procession is seeking
closure of any streets, application for the same must be made at least
one (1) month in advance of the event as such request must go before
the Board of Aldermen to close public streets.
3.
The application form shall include
the following information:
a.
The names, addresses, telephone numbers
of the headquarters of the organization for which the parade or procession
is to be conducted, if any, and the authorized and responsible heads
of the organization;
b.
The name, address, and telephone
number of the applicant and persons having control of the parade or
procession;
c.
The place, date, and hours of the
parade or procession;
d.
The purpose of the parade or procession,
including a description of activities planned during the event;
e.
The approximate number of persons,
animals, and/or vehicles in the parade or procession and the anticipated
number of spectators;
f.
A diagram showing the staging areas,
proposed route, and what portions of the streets or properties may
be occupied by such parade or procession;
g.
A traffic control plan including
appropriate barricades, signs, and delineation equipment;
h.
Description and location of parking
provided for participants;
i.
Provisions for sanitation and cleanup;
k.
Such other documentation required
by the City Clerk to carry out the intent of this Section.
E.
General Requirements.
1.
Unless waived or reduced by the Board
of Aldermen for good cause shown, each permittee shall be required
to provide liability insurance for the event and shall furnish the
City a copy of an insurance certificate naming the City as an additional
insured.
2.
The traffic control plan submitted
must be approved by the Public Works Director or his designee.
3.
Any barricades, signage, equipment,
etc. necessary for traffic control must be properly installed and
removed promptly following completion of the parade or procession.
4.
The City Administrator in consultation
with the other departments has the right to change the event route
if it is deemed necessary for safety purposes or in order to maintain
a smooth vehicular flow of traffic.
F.
Grounds For Refusal. If the applicant(s)
for a parade permit required by this Section fails to give all the
information and accompanying documentation required by the application,
the application may be refused by the City Clerk.
G.
Application Forwarded For Investigation.
Upon acceptance of an application for a parade permit required by
this Section that is duly and properly executed and accompanied by
the proper documents and information, the City Clerk shall distribute
the application to the Parks Department, Public Works Department,
Police Department, and any other Department deemed applicable for
investigation of same.
H.
Investigation Of Application. Upon receipt
of a copy of the application for a permit required by this Section,
such officials using the information provided by the applicant(s)
shall conduct an investigation of the truth and accuracy of the information
set out in the application including, but not limited to, the route
sought by applicant(s)and make a recommendation to the City Clerk
concerning the advisability of approving such parade permit. Should
a Department have further questions or comments to protect the safety
of the participants or onlookers and/or traffic flow, each such Department
shall convey such remarks with its recommendation to the City Clerk.
I.
Issuance.
1.
The City Clerk shall issue a parade
permit if there is no danger to the public health, safety, or general
welfare of the public.
2.
To approve an application, the City
Clerk shall consider and make the following findings:
a.
The conduct of the parade will not
substantially interrupt the safe and orderly movement of other traffic
contiguous to its route.
b.
The concentration of persons, animals,
and vehicles at assembly points of the parade and the parade route
will not unduly interfere with proper fire and police protection of,
or ambulance service to, areas contiguous to such assembly areas.
c.
The conduct of the parade is not
reasonably likely to cause injury to persons or property, to provoke
disorderly conduct or create a disturbance.
d.
The parade is scheduled to move from
its point of origin to its point of termination expeditiously and
without unreasonable delays en route.
3.
The parade permit shall carry the
following information:
a.
Permit number;
b.
Date issued;
c.
Name of applicant;
d.
Description of event, date, time,
and place of the parade or procession;
e.
Map indicating streets/parks/sidewalks
of the route;
f.
Any restrictions which apply in accordance
with this Code;
g.
Insurer, if applicable; and
h.
That such parade permit shall be
valid only for the date issued and during the hours stated on it.
J.
Notice Of Rejection. If the City Clerk
disapproves a parade permit application, he/she shall provide prompt,
written notice of the denial.
K.
Appeal From Denial Of Application. In the event a parade permit is denied under this Section or the applicant is otherwise aggrieved by a decision of the City Clerk or City Administrator hereunder, the applicant has the right to appeal such decision from such official pursuant to Chapter 160, Administrative Procedure for Review of Certain Actions.
L.
Possession Of Parade Permit. The chairman
or other person heading or leading such activity shall carry the parade
permit upon his/her person during the event.
M.
Interfering With, Addressing Abusive Language
To Participants, Etc. It shall be unlawful for any person to physically
interfere with a permitted parade or procession, or with the persons
lawfully engaged therein in the use of any street, sidewalk, or other
public place, or to address threatening language or other fighting
words to or at such participants, which would tend to provoke such
participants or others to a breach of the peace.
N.
Conduct — Generally. It shall be
unlawful for any person to conduct or participate in any parade or
procession of such character, extent, or duration as to create a public
disturbance, to operate as a nuisance, or to tend to create or threaten
rioting, disorderly conduct, or public or private mischief.
O.
Conduct — Abusive, Etc., Language
By Participants. It shall be unlawful for any person conducting or
participating in any parade or procession to address indecent, abusive,
or threatening language or other fighting words to or at any person,
which would tend to provoke such person or others to a breach of the
peace.
[R.O. 2009 § 340.040]
Each driver in a funeral or other
procession shall drive as near to the right-hand edge of the roadway
as practicable and shall follow the vehicle ahead as close as is practicable
and safe.
[R.O. 2009 § 340.050]
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.
[R.O. 2009 § 340.060]
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.
[R.O. 2009 § 340.070]
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.
[R.O. 2009 § 340.080]
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.
[R.O. 2009 § 340.090]
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.
[R.O. 2009 § 340.100]
A.
No person shall operate an all-terrain
vehicle upon any streets 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;
3.
All-terrain 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.
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.
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.
[R.O. 2009 § 340.110]
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.
[R.O. 2009 § 340.120]
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.
[R.O. 2009 § 340.130]
No vehicle shall at any time be driven
through or within a safety zone.
[R.O. 2009 § 340.140]
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.
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 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;
4.
Upon a roadway designated by local
ordinance 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.
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 (1/2) of the main traveled portion
of the roadway whenever possible.
E.
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.
F.
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:
G.
As used in Subsection (F) 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 300.010 of this Title.
[R.O. 2009 § 340.170]
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.
[R.O. 2009 § 340.180]
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. A vehicle shall be considered as so constructed
or loaded that a hand and arm signal would not be visible both to
the front and rear when the distance from the center of the top of
the steering post to the left outside limit of the body, cab or load
exceeds twenty-four (24) inches, or when the distance from the center
of the top of the steering post to the rear limit of the body or load
thereon exceeds fourteen (14) feet, which limit of fourteen (14) feet
shall apply to single vehicles or combinations of vehicles. The provisions
of this Subsection shall not apply to any trailer which does not interfere
with a clear view of the hand signals of the operator or of the signaling
device upon the vehicle pulling such trailer; provided further, that
the provisions of this Section as far as mechanical devices on vehicles
so constructed that a hand and arm signal would not be visible both
to the front and rear of such vehicle as above provided shall only
be applicable to new vehicles registered within this State after the
first (1st) day of January, 1954.
[R.O. 2009 § 340.190]
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.
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.
Preferential right-of-way at an intersection
may be indicated by stop signs or yield signs as authorized in Section
304.351, RSMo.:
1.
Except when directed to proceed by
a Police Officer or traffic-control signal, every driver of a vehicle
approaching a stop intersection indicated by a stop sign shall stop
at a clearly marked stop line, but if none, before entering the crosswalk
on the near side of the intersection, or if none, then at the point
nearest the intersecting roadway where the driver has a view of approaching
traffic in the intersecting roadway before entering the intersection.
After having stopped, the driver shall yield the right-of-way to any
vehicle which has entered the intersection from another highway or
which is approaching so closely on the highway as to constitute an
immediate hazard during the time when such driver is moving across
or within the intersection.
2.
The driver of a vehicle approaching
a yield sign shall in obedience to the sign slow down to a speed reasonable
to the existing conditions and, if required for safety to stop, shall
stop at a clearly marked stop line, but if none, then at the point
nearest the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway. After slowing or stopping the
driver shall yield the right-of-way to any vehicle in the intersection
or approaching on another highway so closely as to constitute an immediate
hazard during the time such traffic is moving across or within the
intersection.
F.
The driver of a vehicle about to enter
or cross a highway from an alley, building or any private road or
driveway shall yield the right-of-way to all vehicles approaching
on the highway to be entered.
G.
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 340.160.
[1]
State Law Reference: This Section has additional
penalties based on certain circumstances, § 304.351, RSMo.
[R.O. 2009 § 340.210]
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.
[R.O. 2009 § 340.220; R.O. 2006
§ 340.210; Ord. No. 497 § 132, 6-26-1979]
A.
Every person operating a motor vehicle
on parking lots, drive-ins and private ways shall drive the same in
a careful and prudent manner and shall exercise ordinary care, and
at a rate of speed not in excess of fifteen (15) miles per hour, unless
otherwise posted, and at such less speeds when required so as not
to endanger the property of another or the life or limb of any person,
taking into consideration the amount of vehicular and pedestrian traffic,
the visibility and atmospheric conditions, and the conditions of the
pavement.
B.
Any and all ordinances of the City applicable
to motor vehicles on public streets with respect to signaling, lights,
backing, turning and sounding of horns shall apply to vehicles operated
in parking lots, drive-ins and private ways.
[R.O. 2009 § 340.230; R.O. 2006
§ 340.220; Ord. No. 497 § 13, 6-26-1979]
It is unlawful to drive any vehicle
upon any highway, road or street while closed for repair; or under
construction.
[R.O. 2009 § 340.240; R.O. 2006
§ 340.260; Ord. No. 497 § 127, 6-26-1979; Ord. No. 1915 § 17, 11-20-1995]
A.
It shall be unlawful for any person who
has purposely, accidentally, or by reason of an accident, dropped
from his/her person or any vehicle, 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 highway to refuse or fail to make
all reasonable efforts to clear the highway of the substances.
B.
No person shall throw or place, or cause
to be thrown or placed, any glass, bottles, wire, nails, tacks, hedge,
cans, garbage, paper, trash, refuse, or rubbish of any kind, nature,
or description on the right-of-way of any public street, road or highway
within the City.
[R.O. 2009 § 340.250; R.O. 2006
§ 340.310; Ord. No. 1355 § 1, 2-19-1990; Ord. No. 2296 § 2, 2-24-2000; Ord. No. 2463 § 3, 4-15-2002]
A.
No person shall drive any motor vehicle
upon or across any sidewalk, driveway, curb, parking lot of any private
or public property or any other area that is not a road for the purpose
of evading or avoiding an intersection, congested area or traffic
device.
[R.O. 2009 § 340.260; R.O. 2006
§ 340.350; Ord. No. 2286 § 1, 12-20-1999; Ord. No. 2463 § 3, 4-15-2002]
A.
It shall 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;
2.
Changing lanes;
3.
Following the other person's vehicle
more closely than is reasonable and prudent under the totality of
the circumstances;
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.
[R.O. 2009 § 340.270; R.O. 2006
§ 340.360; Ord. No. 2296 § 3, 2-24-2000; Ord. No. 2463 § 3, 4-15-2002]
[R.O. 2009 § 340.280; R.O. 2006
§ 365.060; Ord. No. 1228 § 1, 4-19-1989]
A.
Definitions. For purposes of this Section,
"commercial vehicle" means any motor vehicle or trailer which is designed,
maintained or used primarily for the transportation of property or
which is used primarily for the transportation of passengers for hire,
including, but not limited to, tow trucks, dump trucks, flat-bed trucks,
stake-bed trucks, step vans, refuse or garbage trucks, buses or any
other vehicle or trailer having a gross vehicle weight rating (GRWR)
in excess of 14,000 pounds.
[Ord. No.
3300 § 1, 12-20-2012]
B.
Regulations. Except as provided in Subsection (C) hereof, no person shall operate, and it shall be unlawful to operate, a commercial vehicle on, over or upon any of the streets or parts thereof set forth and described in Schedule XII enacted herewith or as amended.
C.
Exceptions. This Section shall not apply
to any emergency vehicles, ambulances, public utility service vehicles
or commercial vehicles while in the process of making a legitimate
pickup, delivery or call to a business or residence located on a street
set forth and described in Schedule XII, provided the operator is
traveling to or from the pickup, delivery or call over the restricted
streets by the most direct available route to and from a non-restricted
thoroughfare.
D.
Miscellaneous.
1.
The City Traffic Engineer shall cause
signs to be erected at the entrance to any street or streets set forth
and described in Schedule XII from any non-regulated thoroughfare
advising that commercial vehicular traffic is restricted. The failure
of any street to be so posted shall not relieve any operator of liability
for a violation of this Section.
2.
Failure of an operator of a commercial vehicle on one of the streets set forth and described in Schedule XII to disclose to a Police Officer an address on such restricted street to which a pickup, delivery or call has or will be made by that operator shall be prima-facie proof that the exceptions set forth in Subsection (C) hereof shall not apply to that operator.
[R.O. 2009 § 340.290; R.O. 2006
§ 365.070; Ord. No. 1294 § 1, 8-21-1989]
No person shall operate a vehicle licensed in excess of eighteen thousand (18,000) pounds, except as provided under Section 340.270, upon any of the streets or parts of streets set forth and described in Schedule XIX.
[R.O. 2009 § 340.300; R.O. 2006
§ 365.090; Ord. No. 933 § 1, 8-25-1986]
When signs are erected at the beginning
of each block giving notice thereof, no person shall drive a vehicle
upon any of the streets or parts of streets set forth and described
in Schedule XVII designated for local traffic only. Nothing in this
Section shall be construed to apply to emergency vehicles, ambulances,
home moving vans, utility service trucks or vehicles of residents
and their families or friends.
[R.O. 2009 § 340.310; R.O. 2006
§ 365.100; Ord. No. 1172 § 1, 11-21-1988]
When the proper signs are erected
prohibiting such travel, no person shall operate any motor vehicle
directly between the locations set forth and described in Schedule
XVIII at specified times.
[R.O. 2009 § 340.320; Ord. No. 1917 § 2, 11-20-1995; Ord. No. 2422 § 2, 9-17-2001]
Upon conviction or a plea of guilty by any person for a moving violation as defined in Section 302.010, RSMo., or any offense listed in Section 302.302, RSMo., the Fenton Municipal Court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized to be imposed by law, if the offense occurred within a construction zone or a work zone as defined in Section 300.010 of this Code.
A.
ACTIVE EMERGENCY
ACTIVE EMERGENCY ZONE
EMERGENCY RESPONDER
Definitions. As used in this Section, the
following terms shall have the meanings set out herein:
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.
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:
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;
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 Subsection 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.
