[Order of 5-2-2009 §110.005]
A.
No person,
firm or corporation shall operate or park a motor vehicle or trailer
upon a highway, roadway or alleyway unless the vehicle or trailer
has attached to its registration plates in accordance with Sections
301.010 — 301.440, RSMo., providing for the registration and
licensing of motor vehicles.
B.
Any violation
of this Section shall be deemed a misdemeanor.
[Order of 5-2-2009 §110.010]
A.
No person,
firm or corporation shall operate or park a motor vehicle or trailer
upon a highway, roadway or alleyway of Jefferson County unless the
vehicle or trailer displays a certificate of inspection and approval
in accordance with Sections 307.350 — 307.390, RSMo., providing
for motor vehicle safety inspection. This Section shall not apply
to any motor vehicle owned and operated by the County or any municipality
within the County.
B.
Any violation
of this Section shall be deemed a misdemeanor.
[Order of 5-2-2009 §110.020]
In order to enhance the public health, safety and welfare of
the citizens of Jefferson County and of those persons traveling upon
the highways, roads and streets of Jefferson County, the provisions
of this Section shall be in effect in all unincorporated parts of
Jefferson County.
[Ord. No. 10-0269 §1, 7-7-2010]
A.
No person
shall abandon any motor vehicle or trailer on the right-of-way of
any public road or State highway as set out in Section 577.080, RSMo.
B.
When
any motor vehicle or junked motor vehicle is situated on or about
a highway, road or alley so as to impede snow removal operations or
construction, repair and maintenance services conducted or authorized
by the Jefferson County Public Works Department, said vehicle may
be towed or moved to a location deemed appropriate by Jefferson County
without prior notification or an opportunity to be heard. The operator
of the motor vehicle shall not be charged for the towing expense if
the vehicle is towed pursuant to this Subsection.
[Ord. No. 10-0269 §1, 7-7-2010]
Except in the case of an accident resulting in the injury or
death of any person, the driver of a vehicle which for any reason
obstructs the regular flow of traffic on the roadway of any public
road or State highway shall make every reasonable effort to move the
vehicle or have it moved so as not to block the regular flow of traffic.
Any person who fails to comply with the requirements of this Section
is guilty of an ordinance violation and, upon conviction thereof,
shall be punished by a fine of not less than ten dollars ($10.00)
nor more than fifty dollars ($50.00).
[1]
State Law Reference — For similar provisions, §304.151,
RSMo.
[Ord. No. 10-0269 §1, 7-7-2010]
A.
Any Law
Enforcement Officer, or an official of the County where the County's
real property is concerned, may authorize a towing company to remove
to a place of safety:
1.
Any
abandoned property on the right-of-way of:
a.
Any
interstate highway or freeway in an urbanized area of the County left
unattended for ten (10) hours, or immediately if a Law Enforcement
Officer determines that the abandoned property is a serious hazard
to other motorists;
b.
Any
interstate highway or freeway outside of an urbanized area of the
County left unattended for twenty-four (24) hours, or after four (4)
hours if a Law Enforcement Officer determines that the abandoned property
is a serious hazard to other motorists;
c.
Any
State highway, other than an interstate highway or freeway outside
of an urbanized area, left unattended for more than twenty-four (24)
hours;
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provided that commercial motor vehicles referred to in Subparagraphs
(a — c) not hauling waste designated as hazardous under 49 U.S.C.
5103(a) may only be removed under this Section to a place of safety
until the owner or owner's representative has had a reasonable opportunity
to contact a towing company of choice; or
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d.
Any
State highway, other than an interstate highway or freeway in an urbanized
area, left unattended for more than ten (10) hours.
2.
Any
unattended abandoned property illegally left standing upon any highway
or bridge if the abandoned property is left in a position or under
such circumstances as to obstruct the normal movement of traffic where
there is no reasonable indication that the person in control of the
property is arranging for its immediate control or removal.
3.
Any abandoned property which has been abandoned under Section 340.040 herein or Section 577.080, RSMo.
4.
Any
abandoned property which has been reported as stolen or taken without
consent of the owner.
5.
Any
abandoned property for which the person operating such property is
arrested for an alleged offense for which the officer takes the person
into custody and where such person is unable to arrange for the property's
timely removal.
6.
Any
abandoned property which due to any other State law or County ordinance
is subject to towing because of the owner's outstanding traffic or
parking violations.
7.
Any
abandoned property left unattended in violation of a State law or
County ordinance where signs have been posted giving notice of the
law or where the violation causes a safety hazard.
8.
Any
abandoned property illegally left standing on the waters of this State
as defined in Section 306.010, RSMo., where the abandoned property
is obstructing the normal movement of traffic, or where the abandoned
property has been unattended for more than ten (10) hours or is floating
loose on the water.
9.
Any
abandoned property for which the person operating such property or
vehicle eludes arrest for an alleged offense for which the officer
would have taken the offender into custody.
B.
When
the County Sheriff's Department authorizes a tow pursuant to this
Section in which the abandoned property is moved from the immediate
vicinity, it shall complete a crime inquiry and inspection report.
C.
Any County
agency other than the County Sheriff's Department authorizing a tow
under this Section where property is towed away from the immediate
vicinity shall report the tow to the County Sheriff's Department within
two (2) hours of the tow, along with a crime inquiry and inspection
report.
[1]
State Law References — For similar provisions, §§304.155.1,
304.155.3, RSMo.
[Ord. No. 10-0269 §1, 7-7-2010]
A.
Payment Of Charges. The owner of abandoned property removed as provided in this Chapter shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in Section 340.080.
B.
Crime Inquiry And Inspection Report. Upon the towing of any abandoned property pursuant to Section 340.060 or under authority of a Law Enforcement Officer or local governmental agency, the County Sheriff's Department, where it authorized such towing or was properly notified by another governmental agency of such towing, shall promptly make an inquiry with the National Crime Information Center (NCIC) and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system. If the abandoned property is not claimed within ten (10) working days of the towing, the tower who has online access to the Department of Revenue's records shall make an inquiry to determine the abandoned property owner and lienholder, if any, of record. In the event that the records of the Department of Revenue fail to disclose the name of the owner or any lienholder of record, the tower shall comply with the requirements of Subsection (3) of Section 304.156, RSMo. If the tower does not have online access, the County Sheriff's Department shall submit a crime inquiry and inspection report to the Missouri Director of Revenue. The County Sheriff's Department shall also provide one (1) copy of the report to the storage facility and one (1) copy to the towing company. A towing company that does not have online access to the department's records and that is in possession of abandoned property after ten (10) working days shall report such fact to the County Sheriff's Department. The crime inquiry and inspection report shall be designed by the Director of Revenue and shall include the following:
1.
The
year, model, make and property identification number of the property
and the owner and any lienholders, if known;
2.
A description
of any damage to the property noted by the Law Enforcement Officer
authorizing the tow;
3.
The
license plate or registration number and the State of issuance, if
available;
4.
The
storage location of the towed property;
5.
The
name, telephone number and address of the towing company;
6.
The
date, place and reason for the towing of the abandoned property;
7.
The
date of the inquiry of the National Crime Information Center, any
statewide Missouri law enforcement computer system, and any other
similar system which has titling and registration information to determine
if the abandoned property had been stolen. This information shall
be entered only by the County Sheriff's Department;
8.
The
signature and printed name of the Law Enforcement Officer authorizing
the tow;
9.
The
name of the towing company, the signature and printed name of the
towing operator, and an indicator disclosing whether the tower has
online access to the department's records; and
10.
Any
additional information the Missouri Director of Revenue deems appropriate.
C.
Reclaiming Property. The owner of such abandoned property,
or the holder of a valid security interest of record, may reclaim
it from the towing company upon proof of ownership or valid security
interest of record and payment of all reasonable charges for the towing
and storage of the abandoned property.
D.
Lienholder Repossession. If a lienholder repossesses any
motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel
without the knowledge or cooperation of the owner, then the repossessor
shall notify the County Sheriff's Department within two (2) hours
of the repossession and shall further provide the Sheriff's Department
with any additional information the Sheriff's Department deems appropriate.
The County Sheriff's Department shall make an inquiry with the National
Crime Information Center and the Missouri statewide law enforcement
computer system and shall enter the repossessed vehicle into the statewide
law enforcement computer system.
E.
Notice To Owner/Tow Lien Claim. Any towing company which
comes into possession of abandoned property pursuant to this Chapter
and who claims a lien for recovering, towing or storing abandoned
property shall give notice to the title owner and to all persons claiming
a lien thereon, as disclosed by the records of the Missouri Department
of Revenue or of a corresponding agency in any other State. The towing
company shall notify the owner and any lienholder within ten (10)
business days of the date of mailing indicated on the notice sent
by the Missouri Department of Revenue pursuant to Section 304.156,
RSMo., by certified mail, return receipt requested. The notice shall
contain the following:
1.
The
name, address and telephone number of the storage facility;
2.
The
date, reason and place from which the abandoned property was removed;
3.
A statement
that the amount of the accrued towing, storage and administrative
costs are the responsibility of the owner, and that storage and/or
administrative costs will continue to accrue as a legal liability
of the owner until the abandoned property is redeemed;
4.
A statement
that the storage firm claims a possessory lien for all such charges;
5.
A statement
that the owner or holder of a valid security interest of record may
retake possession of the abandoned property at any time during business
hours by proving ownership or rights to a secured interest and paying
all towing and storage charges;
6.
A statement
that, should the owner consider that the towing or removal was improper
or not legally justified, the owner has a right to request a hearing
as provided in this Section to contest the propriety of such towing
or removal;
7.
A statement
that if the abandoned property remains unclaimed for thirty (30) days
from the date of mailing the notice, title to the abandoned property
will be transferred to the person or firm in possession of the abandoned
property, free of all prior liens; and
8.
A statement
that any charges in excess of the value of the abandoned property
at the time of such transfer shall remain a liability of the owner.
F.
Physical Search Of Property. In the event that the Missouri
Department of Revenue notifies the towing company that the records
of the Department of Revenue fail to disclose the name of the owner
or any lienholder of record, the towing company shall attempt to locate
documents or other evidence of ownership on or within the abandoned
property itself. The towing company must certify that a physical search
of the abandoned property disclosed no ownership documents were found
and a good faith effort has been made. For purposes of this Section, "good faith effort" means that the following checks have
been performed by the company to establish the prior State of registration
and title:
1.
Check
of the abandoned property for any type of license plates, license
plate record, temporary permit, inspection sticker, decal or other
evidence which may indicate a State of possible registration and title;
2.
Check
the law enforcement report for a license plate number or registration
number if the abandoned property was towed at the request of a law
enforcement agency;
3.
Check
the tow ticket/report of the tow truck operator to see if a license
plate was on the abandoned property at the beginning of the tow, if
a private tow; and
4.
If there
is no address of the owner on the impound report, check the law enforcement
report to see if an out-of-state address is indicated on the driver
license information.
G.
Petition In Circuit Court. The owner of the abandoned property removed pursuant to this Chapter or any person claiming a lien, other than the towing company, within ten (10) days after the receipt of notification from the towing company pursuant to Subsection (E) of this Section may file a petition in the Associate Circuit Court in the County where the abandoned property is stored to determine if the abandoned property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the tow or the owner, lessee or agent of the real property from which the abandoned property was removed. The Missouri Director of Revenue shall not be a party to such petition but a copy of the petition shall be served on the Director of Revenue.
H.
Notice To Owner. Notice as to the removal of any abandoned
property pursuant to this Chapter shall be made in writing within
five (5) working days to the registered owner and any lienholder of
the fact of the removal, the grounds for the removal, and the place
to which the property has been removed by either:
1.
The
public agency authorizing the removal; or
2.
The
towing company, where authorization was made by an owner or lessee
of real property.
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If the abandoned property is stored in any storage facility,
a copy of the notice shall be given to the operator of the facility.
The notice provided for in this Section shall include the amount of
mileage if available shown on the abandoned property at the time of
removal.
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I.
Tow Truck Requirements. Any towing company which tows abandoned
property for hire shall have the towing company's name, City and State
clearly printed in letters at least three (3) inches in height on
the sides of the truck, wrecker or other vehicle used in the towing.
J.
Storage Facilities. Persons operating or in charge of any
storage facility where the abandoned property is stored pursuant to
this Chapter shall accept cash for payment of towing and storage by
a registered owner or the owner's agent claiming the abandoned property.
K.
Disposition Of Towed Property. Notwithstanding the provisions
of Section 301.227, RSMo., any towing company who has complied with
the notification provisions in Section 304.156, RSMo., including notice
that any property remaining unredeemed after thirty (30) days may
be sold as scrap property, may then dispose of such property as provided
in this Subsection. Such sale shall only occur if at least thirty
(30) days have passed since the date of such notification, the abandoned
property remains unredeemed with no satisfactory arrangements made
with the towing company for continued storage, and the owner or holder
of a security agreement has not requested a hearing as provided in
Section 304.156, RSMo. The towing company may dispose of such abandoned
property by selling the property on a bill of sale as prescribed by
the Director of Revenue to a scrap metal operator or licensed salvage
dealer for destruction purposes only. The towing company shall forward
a copy of the bill of sale provided by the scrap metal operator or
licensed salvage dealer to the Director of Revenue within two (2)
weeks of the date of such sale. The towing company shall keep a record
of each such vehicle sold for destruction for three (3) years that
shall be available for inspection by law enforcement and authorized
Department of Revenue officials. The record shall contain the year,
make, identification number of the property, date of sale, and name
of the purchasing scrap metal operator or licensed salvage dealer
and copies of all notifications issued by the towing company as required
in this Chapter. Scrap metal operators or licensed salvage dealers
shall keep a record of the purchase of such property as provided in
Section 301.227, RSMo. Scrap metal operators and licensed salvage
dealers may obtain a junk certificate as provided in Section 301.227,
RSMo., on vehicles purchased on a bill of sale pursuant to the Section.
[1]
State Law References — For similar provisions, §§304.155.5
— 6, 304.155.11 — 12, 304.158.1, 304.158.5, 304.158.7,
RSMo.
[Ord. No. 10-0269 §1, 7-7-2010]
A.
A towing
company may only assess reasonable storage charges for abandoned property
towed without the consent of the owner. Reasonable storage charges
shall not exceed the charges for vehicles which have been towed with
the consent of the owner on a negotiated basis. Storage charges may
be assessed only for the time in which the towing company complies
with the procedural requirements of this Chapter.
B.
The County Council may from time to time establish maximum reasonable towing, storage and other charges which can be imposed by towing and storage companies operating within the County, and which are consistent with this Chapter and with Sections 304.155 to 304.158, RSMo. Any violation of said established maximum charges shall be deemed a violation of this Section of the Code and shall be punishable pursuant to Section 300.040 of this Code.
C.
A towing
company may impose a charge of not more than one-half (½) of
the regular towing charge for the towing of abandoned property at
the request of the owner of private real property or that owner's
agent pursuant to this Chapter if the owner of the abandoned property
or the owner's agent returns to the abandoned property before it is
removed from the private real property. The regular towing charge
may only be imposed after the abandoned property has been removed
from the property and is in transit.
[1]
State Law References — For similar provisions, §§304.156.2,
304.158.6, 304.158.10, RSMo.
[Ord. No. 10-0269 §1, 7-7-2010]
When the County has physical possession of the abandoned property,
it may sell the abandoned property in accordance with its established
provisions and regulations and may transfer ownership by means of
a bill of sale signed by the County Clerk and sealed with the official
County Seal. Such bill of sale shall contain the make and model of
the abandoned property, the complete abandoned property identification
number, and the odometer reading of the abandoned property, if available,
and shall be lawful proof of ownership for any dealer registered under
the provisions of Section 301.218, RSMo., or Section 301.560, RSMo.,
or for any other person.
[1]
State Law Reference — For similar provisions, §304.156,
RSMo.
[Ord. No. 10-0269 §1, 7-7-2010]
Muffler cutouts shall not be used and no vehicle shall be driven
in such manner or condition that excessive and unnecessary noises
shall be made by its machinery, motor, signaling device, or other
parts, or by any improperly loaded cargo. The motors of all motor
vehicles shall be fitted with properly attached mufflers of such capacity
or construction as to quiet the maximum possible exhaust noise as
completely as is done in modern gas engine passenger motor vehicles.
Any cutout or opening in the exhaust pipe between the motor and the
muffler on any motor vehicle shall be completely closed and disconnected
from its operating lever and shall be so arranged that it cannot automatically
open, or be opened or operated, while such vehicle is in motion.
[Order of 5-2-2009 §110.100; Ord. No. 10-0269 §1,
7-7-2010]
No person shall drive a vehicle in a manner or condition such
that excessive and unnecessary noises are made by its machinery, motor,
signaling device, tires or other parts or by any improperly loaded
cargo.
[Order of 5-2-2009 §110.105]
A.
No driver
shall operate a motor vehicle on any highway, roadway or alleyway
during the times when lighted lamps are required, unless the vehicle
displays at least two (2) lighted lamps on the front, one (1) on each
side, having a light source of equal power.
B.
Every
person driving a motor vehicle equipped with multiple-beam road lighting
equipment, during the times when lighted lamps are required, shall
use a distribution of light or composite beam directed high enough
and of sufficient intensity to reveal persons and vehicles at a safe
distance in advance of the vehicle, subject to the following requirements
and limitations: Whenever the driver of a vehicle approaches an oncoming
vehicle within five hundred (500) feet or is within three hundred
(300) feet to the rear of another vehicle traveling in the same direction,
the driver shall dim any high-beam lights operating at the time.
C.
No driver
shall operate a motor vehicle except a motorcycle on any highway,
roadway or alleyway during the times when lighted lamps are required,
unless the vehicle displays two (2) lighted lamps on the rear, one
(1) on each side, which display a red light visible from the rear
for a distance of at least five hundred (500) feet. The number plate
must be illuminated in such a manner as to render the numerals on
the plate visible for at least fifty (50) feet in the direction from
which the vehicle is proceeding.
D.
"When lighted lamps are required" means at any time from
a half-hour after sunset to a half-hour before sunrise and at any
other time when there is not sufficient light to render clearly discernible
person and vehicles on the highway or roadway at a distance of five
hundred (500) feet ahead. Lighted lamps shall also be required any
time the weather conditions require usage of the motor vehicle's windshield
wipers to operate the vehicle in a careful and prudent manner as defined
in Section 304.012, RSMo. The provision of this Section shall be interpreted
to require lighted lamps during periods of fog even if usage of the
windshield wipers is not necessary to operate the vehicle in a careful
and prudent manner.
E.
Every
motorcycle shall be equipped with at least one (1) and not more than
two (2) approved headlights. Every motorcycle equipped with a sidecar
or other attachment shall be equipped with a lamp on the outside limit
of the attachment capable of displaying a white light to the front.
F.
Every
motorcycle when operated on a highway or roadway shall carry at the
rear, either as part of the rear lamp or separately, at least one
(1) approved red reflector which shall be of such size and characteristics
and maintained as to be visible during the times when lighted lamps
are required from all distances within three hundred (300) feet to
fifty (50) feet from the vehicle when directly in front of a motor
vehicle displaying lawful undimmed headlamps.
G.
Every
passenger car, commercial motor vehicle, motor-drawn vehicle and omnibus
with a capacity of more than six (6) passengers, when operated on
a highway or roadway, shall also carry at the rear at least two (2)
approved red reflectors, at least one (1) at each side, so designed,
mounted on the vehicle and maintained as to be visible during the
times when lighted lamps are required from all distances within five
hundred (500) to fifty (50) feet from the vehicle when directly in
front of a motor vehicle displaying lawful undimmed headlamps. Every
reflector shall meet the requirements of this Chapter and shall be
mounted upon the vehicle at a height not to exceed sixty (60) inches
nor less than fifteen (15) inches above the surface upon which the
vehicle stands.
[Order of 5-2-2009 §110.110]
Any person who places or drives or causes to be placed or driven
upon or along any roadway any horse-driven vehicle whatsoever, whether
in motion or at rest, shall after sunset to one-half (½) hour
before sunrise have attached to every such vehicle at the rear a red
taillight or a red reflecting device of not less than three (3) inches
in diameter of effective area or its equivalent in area. When the
device consists of reflecting buttons, there shall be no less than
seven (7) buttons covering an area equal to a circle with a three
(3) inch diameter. The reflector shall be visible to the driver of
any motor vehicle approaching such horse-drawn vehicle from the rear
of a distance of not less than five hundred (500) feet.
[Order of 5-2-2009 §110.115]
A.
Brakes. All motor vehicles except motorcycles shall be provided
at all times with two (2) sets of adequate brakes in good working
order. Motorcycles shall be provided with one (1) set of adequate
brakes kept in good working order.
B.
Mirrors. All motor vehicles which are constructed or loaded
so that the operator cannot see the road behind the vehicle by looking
back or around the side of the vehicle shall be equipped with a mirror
adjusted so as to reveal the road behind and be visible from the operator's
seat.
C.
Projections On Vehicles. All vehicles carrying poles or
other objects which project more than five (5) feet from the rear
of the vehicle shall display a red flag or red cloth not less than
sixteen (16) inches square at the end of the projections. During periods
in which lights are required by this code, vehicles carrying such
projection shall carry a red light at or near the end of the projection.
D.
Tow Lines. When one vehicle is being towed by another, they
shall be coupled by a line so that the two (2) vehicles will be separated
by not more than fifteen (15) feet. There shall be displayed on the
tow line a white cloth or other material white in color that is clearly
visible to other users of the highway or roadway. During the time
lights are required by this code, the required lights shall be displayed
by both vehicles.
[Order of 5-2-2009 §110.120]
No person shall operate any motor vehicle upon any highway or
roadway between the first (1st) day of April and the first (1st) day
of November while the motor vehicle is equipped with tires containing
metal or carbide studs.
[Order of 5-2-2009 §110.125]
A.
No metal-tired
vehicles shall be operated over any improved highway or roadway, except
over highways or roadways constructed of gravel or claybound gravel,
if the vehicle has on the periphery of any of the road wheels any
lug, flange, cleat, ridge, bolt or any projection of metal or wood
which projects radially beyond the tread or traffic surface of the
tire, unless the roadway is protected by putting down solid planks
or other suitable material or by attachment to the wheels so as to
prevent such vehicles from damaging the highway or roadway. This prohibition
shall not apply to tractors or traction engines equipped with caterpillar
treads, when the caterpillar does not contain any projection of any
kind likely to injure the surface of the roadway. Tractors, traction
engines and similar vehicles may be operated which have upon their
road wheels "V" shaped, diagonal or other cleats arranged in a manner
as to be continuously in contact with the road surface if the gross
weight on the wheels per inch of width of such cleats or road surface
does not exceed eight hundred (800) pounds when measured in the direction
of the axle of the vehicle.
B.
No tractor,
tractor engine or other metal-tired vehicle weighing more than four
(4) tons, including the weight of the vehicle and its load, shall
drive onto, upon or over the edge of any improved roadway without
protecting the edge by putting down solid planks or other suitable
material to prevent the vehicle from breaking off the edges of the
pavement.
C.
Any person
violating this Section, whether operating with or without a permit
or who shall willfully or negligently damage a highway or roadway,
shall be liable for the amount of the damage caused to any highway,
roadway, bridge, culvert or sewer and any vehicle causing such damage
shall be subject to a lien for the full amount of the damage. The
lien shall not be superior to any duly recorded or filed chattel mortgage
or any other lien previously attached to the vehicle. The amount of
the damage may be recovered in any action in any court of competent
jurisdiction in the name of the County or other interested party.
[Order of 5-2-2009 §110.130]
A.
Every
motor vehicle shall be equipped with a horn adequate for warning of
the approach of the vehicle to users of the highway, roadway or alleyway
and to pedestrians.
B.
No person
shall drive a motor vehicle to which is attached a gong, bell or siren
or activate such device while the motor vehicle is on a roadway.
C.
This
Section does not apply to authorized emergency vehicles.
[Order of 5-2-2009 §110.140]
A.
As used
in this Section, the term "passenger car" means every
motor vehicle designed for carrying ten (10) persons or less and used
for the transportation of persons except that the term "passenger
car" shall not include motorcycles, motorized bicycles, motortricycles
and trucks with a licensed gross weight of twelve thousand (12,000)
pounds or more.
B.
Each driver, except persons employed by the United States Postal Service while performing duties for that Federal agency which requires the operator to service postal boxes from their vehicles or which require frequent entry into and exit from their vehicles and each front seat passenger of a passenger car manufactured after January 1, 1968, operated on a street or highway in this County and persons less than eighteen (18) years of age operating or riding in a truck as defined in Section 301.010, RSMo., shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation and Safety Act requirements. No person shall be stopped, inspected or detained solely to determine compliance with this Subsection. The provisions of this Section shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about his or her body or to persons operating or riding a motor vehicle being used in agricultural work-related activities. Non-compliance with this provision shall not constitute probable cause for violation of any other provision of law. The provisions of this Subsection shall not apply to the transporting of children under sixteen (16) years of age as provided in Section 340.190.
C.
Each person who violates the provisions of Subsection (B) of this Section shall upon conviction be fined not more than ten dollars ($10.00). Court costs will not be assessed for this violation. In no case shall points be assessed against any person, pursuant to Section 302.302, RSMo., for violation of this Section.
[Order of 5-2-2009 §110.141]
A.
CHILD BOOSTER SEAT
CHILD PASSENGER RESTRAINT SYSTEM
DRIVER
As used
in this Section, the following terms shall mean:
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 C.F.R. 571.213, as amended, that is designed
to elevate a child to properly sit in a Federally approved safety
belt system.
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 C.F.R. 571.213, as amended, and which is
either permanently affixed to a motor vehicle or is affixed to such
vehicle by a safety belt or a universal attachment system.
A person who is in actual physical control of a motor vehicle.
B.
Every
driver transporting a child under the age of sixteen (16) years shall
be responsible, when transporting such child in a motor vehicle operated
by that driver on the streets or highways of this State, for providing
for the protection of such child as follows:
1.
Children
less than four (4) years of age, regardless of weight, shall be secured
in a child passenger restraint system appropriate for that child;
2.
Children
weighing less than forty (40) pounds, regardless of age, shall be
secured in a child passenger restraint system appropriate for that
child;
3.
Children
at least four (4) years of age but less than eight (8) years of age,
who also weigh at least forty (40) pounds but less than eighty (80)
pounds and who are also less than four (4) feet nine (9) inches tall,
shall be secured in a child passenger restraint system or booster
seat appropriate for that child;
4.
Children
at least eighty (80) pounds or children more than four (4) feet nine
(9) inches in height shall be secured by a vehicle safety belt or
booster seat appropriate for that child;
5.
A child
who otherwise would be required to be secured in a booster seat may
be transported in the back seat of a motor vehicle while wearing only
a lap belt if the back seat of the motor vehicle is not equipped with
a combination lap and shoulder belt for booster seat installation;
6.
When
transporting children in the immediate family when there are more
children than there are seating positions in the enclosed area of
a motor vehicle, the children who are not able to be restrained by
a child safety restraint device appropriate for the child shall sit
in the area behind the front seat of the motor vehicle unless the
motor vehicle is designed only for a front seat area. The driver transporting
children referred to in this Subsection is not in violation of this
Section.
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This Subsection shall only apply to the use of a child passenger
restraint system or vehicle safety belt for children less than sixteen
(16) years of age being transported in a motor vehicle.
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C.
Any driver who violates Subdivisions (1), (2) or (3) of Subsection (B) of this Section is guilty of an infraction and, upon conviction, may be punished by a fine of not more than fifty dollars ($50.00) and court costs. Any driver who violates Subdivision (4) of Subsection (B) of this Section shall be subject to the penalty in Subsection (C) of Section 340.180. If a driver receives a citation for violating Subdivisions (1), (2) or (3) of Subsection (B) of this Section, the charges shall be dismissed or withdrawn if the driver prior to or at his or her hearing provides evidence of acquisition of a child passenger restraint system or child booster seat which is satisfactory to the court or the party responsible for prosecuting the driver's citation.
D.
The provisions
of this Section shall not apply to any public carrier for hire. The
provisions of this Section shall not apply to students four (4) years
of age or older who are passengers on a school bus designed for carrying
eleven (11) passengers or more and which is manufactured or equipped
pursuant to Missouri Minimum Standards for School Buses as school
buses are defined in Section 301.010, RSMo.
[Order of 5-2-2009 §110.145; Ord. No. 10-0269 §1,
7-7-2010]
No person shall operate a motor vehicle unless the operator
has a clear view of all parts of the roadway essential to the safe
operation of the vehicle unobstructed by the vehicle's load, modifications
to the vehicle, accumulation on the windshield or other windows of
snow, mud or other material or any other cause.
[Ord. No. 10-0269 §1, 7-7-2010]
A.
Any person may operate a motor vehicle with front sidewing vents or windows located immediately to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing material, that has a light transmission of thirty-five percent (35%) or more plus or minus three percent (±3%) and a luminous reflectance of thirty-five percent (35%) or less plus or minus three percent (±3%). Except as provided in Subsection (C) of this Section, any sun-screening device applied to front sidewing vents or windows located immediately to the left and right of the driver in excess of the requirements of this Section shall be prohibited without a permit pursuant to a physician's prescription as described below. A permit to operate a motor vehicle with front sidewing vents or windows located immediately to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing material, which permits less light transmission and luminous reflectance than allowed under the requirements of this Subsection may be issued by the Department of Public Safety to a person having a serious medical condition which requires the use of a sun-screening device if the permittee's physician prescribes its use. The Director of the Department of Public Safety shall promulgate rules and regulations for the issuance of the permit. The permit shall allow operation of the vehicle by any titleholder or relative within the second degree of consanguinity or affinity, which shall mean a spouse, each grandparent, parent, brother, sister, niece, nephew, aunt, uncle, child and grandchild of a person who resides in the household. Except as provided in Subsection (B) of this Section, all sun-screening devices applied to the windshield of a motor vehicle are prohibited.
B.
This
Section shall not prohibit labels, stickers, decalcomania or informational
signs on motor vehicles or the application of tinted or solar-screening
material to recreational vehicles as defined in Section 700.010, RSMo.,
provided that such material does not interfere with the driver's normal
view of the road. This Section shall not prohibit factory-installed
tinted glass, the equivalent replacement thereof or tinting material
applied to the upper portion of the motor vehicle's windshield which
is normally tinted by the manufacturer of motor vehicle safety glass.
C.
Any vehicle
licensed with a historical license plate shall be exempt from the
requirements of this Section.
D.
Any person
who violates the provisions of this Section is guilty of an infraction.
[Order of 5-2-2009 §110.150]
Any person violating any provision of this Chapter shall be
guilty of an infraction. Each act in violation of any of the provisions
of this Chapter shall be deemed a separate offense.
