City of De Soto, MO
Jefferson County
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Table of Contents
Table of Contents
[CC 1988 §14-2; Ord. No. 2460 §1, 2-22-1973]
The driver of any vehicle other than one on official business shall not follow any emergency vehicle traveling in response to an emergency call closer than five hundred (500) feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
[CC 1988 §14-2; Ord. No. 2460 §1, 2-22-1973]
No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street, private driveway or streetcar track to be used at any fire or alarm of fire without the consent of the Fire Department official in command.
A. 
Definitions. As used in this Section, the following terms shall mean:
FUNERAL DIRECTOR
A person licensed as a funeral director pursuant to the provisions of Chapter 333, RSMo.
FUNERAL LEAD VEHICLE OR LEAD VEHICLE
Any motor vehicle equipped with at least one (1) lighted circulating lamp exhibiting an amber or purple light or lens or alternating flashing headlamps visible under normal atmospheric conditions for a distance of five hundred (500) feet from the front of the vehicle. A hearse or coach properly equipped may be a lead vehicle.
ORGANIZED FUNERAL PROCESSION
Two (2) or more vehicles accompanying the remains of a deceased person from a funeral establishment, church, synagogue or other place where a funeral service has taken place to a cemetery, crematory or other place of final disposition, or a funeral establishment, church, synagogue or other place where additional funeral services will be performed, if directed by a licensed funeral director from a licensed establishment.
B. 
Driving Rules.
1. 
Except as otherwise provided for in this Section, pedestrians and operators of all other vehicles shall yield the right-of-way to any vehicle which is a part of an organized funeral procession.
2. 
Notwithstanding any traffic control device or right-of-way provision prescribed by State or local law, when the funeral lead vehicle in an organized funeral procession lawfully enters an intersection, all vehicles in the procession shall follow the lead vehicle through the intersection. The operator of each vehicle in the procession shall exercise the highest degree of care toward any other vehicle or pedestrian on the roadway.
3. 
An organized funeral procession shall have the right-of-way at all intersections regardless of any traffic control device at such intersections, except that operators of vehicles in an organized funeral procession shall yield the right-of-way to any approaching emergency vehicle pursuant to the provisions of law or when directed to do so by a Law Enforcement Officer.
4. 
All vehicles in an organized funeral procession shall follow the preceding vehicle in the procession as closely as is practical and safe under the conditions.
5. 
No person shall operate any vehicle as part of an organized funeral procession without the flashing emergency lights of such vehicle being lighted.
6. 
Any person who is not an operator of a vehicle in an organized funeral procession shall not:
a. 
Drive between the vehicles comprising an organized funeral procession while such vehicles are in motion and have the flashing emergency lights lighted pursuant to Subsection (B)(5), above, except when required to do so by a Law Enforcement Officer or when such person is operating an emergency vehicle giving an audible or visual signal;
b. 
Join a funeral procession for the purpose of securing the right-of-way; or
c. 
Attempt to pass any vehicle in an organized funeral procession, except where a passing lane has been specifically provided.
7. 
When an organized funeral procession is proceeding through a red signal light as permitted herein, a vehicle not in the organized funeral procession shall not enter the intersection unless such vehicle may do so without crossing the path of the funeral procession.
8. 
No ordinance, regulation or any other provision of law shall prohibit the use of a motorcycle utilizing flashing amber lights to escort an organized funeral procession on the highway.
C. 
Any person convicted of violating any provision of this Section shall be punished by a fine not to exceed one hundred dollars ($100.00).
[CC 1988 §§14-2, 14-9; Ord. No. 2460 §1, 2-22-1973]
A. 
No funeral, procession or parade containing fifty (50) or more persons or ten (10) or more vehicles except the forces of the United States Army or Navy, the military forces of this State, and the forces of the Police and Fire Departments shall occupy, march or proceed along any street except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which may apply.
B. 
Nothing herein shall prevent the Police from disbanding any parade or procession regardless of size which unnecessarily impedes traffic or is or becomes disorderly, riotous or otherwise unlawful.
[CC 1988 §14-2; Ord. No. 2460 §1, 2-22-1973; Ord. No. 3683 §1, 3-29-2006]
The driver of a motor vehicle shall not drive within any sidewalk area except on a permanent or temporary driveway.
[CC 1988 §14-2; Ord. No. 2460 §1, 2-22-1973]
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 1988 §14-2; Ord. No. 2460 §1, 2-22-1973]
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.
[CC 1988 §14-2; Ord. No. 2460 §1, 2-22-1973]
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.
[CC 1988 §14-11; Ord. No. 2460 §1, 2-22-1973]
A. 
No operator shall allow and no person shall ride upon the handlebar, frame or tank of any motorcycle or motor scooter, nor shall any person operate or ride upon such motorcycle or motor scooter while in a standing or sidesaddle position.
B. 
No operator of a motor vehicle shall allow and no person shall ride upon any running board, fender, hood, top or trunk of any moving motor vehicle upon any street or alley or with any portion of their body protruding from the bed of any truck.
C. 
No person shall cause or allow any animal to be carried or transported upon the outside of any vehicle, except in the bed of any truck, unless such animal shall be securely prevented from falling or jumping off the moving vehicle by means of some framework, cage or other device.
[CC 1988 §14-2; Ord. No. 2460 §1, 2-22-1973; Ord. No. 3629 §1, 6-20-2005; Ord. No. 3674 §1, 3-29-2006; Ord. No. 3891 §§1—2, 7-5-2011; Ord. No. 3983 §§1––2, 8-19-2013]
A. 
Definitions. The following terms, as used in this Section, shall have the meanings ascribed thereto:
BICYCLE
Every vehicle propelled solely by human power upon which any person may ride, having two (2) wheels, except scooters and similar devices.
MOPED or MOTORIZED SCOOTER
Any two-wheeled device which is designed to be ridden in a seated position, with a seat no less than twenty-five (25) inches from the ground to the top of the seat, with a wheel diameter greater than nine (9) inches, automatic transmission and is propelled by a gasoline, electric or hybrid motor with a cylinder capacity of more than forty (40) cubic centimeters but less than fifty (50) cubic centimeters and produces less than three (3) gross brake horsepower, and is capable of propelling the device with or without human propulsion at a maximum speed not to exceed thirty (30) miles per hour on level ground.
MOTORIZED RECREATIONAL VEHICLE
Any two-, three- or four-wheeled device which is designed to be ridden in a standing or seated position and is powered by a motor with a cylinder capacity of not more than fifty (50) cubic centimeters and produces less than three (3) gross brake horsepower, and is capable of propelling the device with or without human propulsion at a maximum speed of not more than thirty (30) miles per hour on level ground, except that "motorized recreational vehicle" shall not include legitimate devices for use by physically disabled persons, such as wheelchairs or scooters when operated by a physically disabled person or moped or motorized scooter as defined above but does include pocket bikes and miniature motorcycles.
MOTORIZED WHEELCHAIR
Any legitimate device for use by physically disabled persons, such as wheelchairs or scooters when operated by a physically disabled person.
ROADWAY
That portion of a street or highway ordinarily used for vehicular travel, exclusive of the berm or shoulder.
B. 
Riding Bicycles On Sidewalks Limitations/Motorized Recreational Vehicle/Moped or Motorized Scooter.
1. 
No person shall ride a bicycle upon a sidewalk within a business district.
2. 
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. 
A person operating a bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway may operate as described in Section 307.190, RSMo., or he or she may operate on the shoulder adjacent to the roadway so long as the bicycle is operated in the same direction as vehicles are required to be driven upon the roadway.
D. 
The operator of a bicycle shall signal as required in Section 304.019, RSMo., except that a signal by the hand and arm need not be given continuously if the hand is needed to control or operate the bicycle. An operator of the bicycle intending to turn the bicycle to the right shall signal as indicated in Section 304.019, RSMo., or by extending such operator's right arm in a horizontal position so that the same may be seen in front of and from the rear of the bicycle.
E. 
Motorized wheelchairs meeting the following requirements may be operated on City streets, roads or alleyways:
1. 
Required equipment.
a. 
A slow-moving equipment emblem shall be mounted on the rear of the wheelchair; and
b. 
A bicycle safety flag which extends not less than seven (7) feet above the ground shall be attached to the back of the motorized wheelchair; the flag shall be day-glow colored and shall be triangular shaped with an area of not less than thirty (30) square inches.
2. 
The operator of a motorized wheelchair is subject to all traffic codes and speed regulations of the City.
3. 
No person operating a motorized wheelchair shall:
a. 
Operate the motorized wheelchair in any careless or imprudent manner so as to endanger any person or property of a person;
b. 
Operate the motorized wheelchair while under the influence of alcohol or a controlled substance;
c. 
Operate the motorized wheelchair on Federal, State or County highways, except to cross a portion of the Federal, State, or County highway system which intersects the municipal street;
d. 
Cross any Federal or State highway at an intersection where the highway being crossed has a posted speed limit of more than forty-five (45) miles per hour;
e. 
Carry a passenger(s) in/on the motorized wheelchair.
F. 
Motorized recreational vehicles are prohibited from operating on public streets, roads, highways, alleyways, sidewalks and City properties.
G. 
Requirements for operation of a moped or motorized scooter.
1. 
Use of a DOT-approved helmet.
2. 
Liability insurance.
3. 
Headlight, taillight and brake light must be operational and DOT-approved.
4. 
The operator of a moped or motorized scooter must have a valid operator's license.
5. 
The vehicle must have a valid certificate of origin and be registered with the DeSoto Police Department annually by August 1.
6. 
A registration fee of ten dollars ($10.00) shall be paid to the City.
7. 
A City permit shall be issued and affixed to the vehicle.
8. 
No passengers are allowed to ride on the moped or motorized scooter.
9. 
Operation on City sidewalks is prohibited.
10. 
The vehicle must be unaltered from original manufacturer specifications.
H. 
It shall be unlawful for the parent(s) or guardian(s) or person(s) having legal custody of a minor to permit said minor to be in violation of this Section as imposed herein.
[CC 1988 §14-2; Ord. No. 2460 §1, 2-22-1973; Ord. No. 3952 §1, 11-19-2012]
A. 
No person shall operate an all-terrain vehicle, as defined in Section 300.010, upon the streets and highways of this City, except as follows:
1. 
All-terrain vehicles owned and operated by a governmental entity for official use;
2. 
All-terrain vehicles operated for agricultural purposes or industrial on-premises purposes between the official sunrise and sunset on the day of operation;
3. 
Recreational off-highway vehicles operated by handicapped persons for short distances occasionally only on the State's secondary roads.
B. 
No person shall operate an off-road vehicle, as defined in Section 304.001, RSMo., within any stream or river in this City, except that off-road vehicles may be operated within waterways which flow within the boundaries of land which an off-road vehicle operator owns, or for agricultural purposes within the boundaries of land which an off-road vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this State at such road crossings as are customary or part of the highway system. All Law Enforcement Officials or Peace Officers of this State and its political subdivisions shall enforce the provisions of this Subsection within the geographic area of their jurisdiction.
C. 
A person operating an all-terrain vehicle on a street or highway pursuant to an exception covered in this Section shall have a valid license issued by a State authorizing such person to operate a motor vehicle, except that a handicapped person operating such vehicle pursuant to Subdivision (3) of Subsection (A) of this Section, but shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than thirty (30) miles per hour. When operated on a street or highway, an all-terrain vehicle shall have a lighted headlamp, a lighted taillamp, and 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. A person may not operate an all-terrain vehicle upon the highways of this State unless such person wears a seat belt. When operated on the highway, an all-terrain vehicle shall be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle's rollover.
D. 
No person shall operate an all-terrain vehicle:
1. 
In any careless way so as to endanger the person or property of another;
2. 
While under the influence of alcohol or any controlled substance; or
3. 
Without a securely fastened safety helmet on the head of an individual who operates an all-terrain vehicle or who is being towed or otherwise propelled by an all-terrain vehicle, unless the individual is at least eighteen (18) years of age.
E. 
No operator of an all-terrain vehicle shall carry a passenger, except for agricultural purposes.
F. 
A violation of this Section shall be a misdemeanor.
[CC 1988 §14-2; Ord. No. 2460 §1, 2-22-1973]
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, nor shall the driver of a vehicle knowingly pull a rider behind a vehicle.
[CC 1988 §14-10; Ord. No. 3385 §§1 — 3, 11-15-1999]
A. 
Definitions. For purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them:
GUARDIAN
Any person to whom custody of a minor has been given by a court order.
MINOR
Any person under seventeen (17) years of age.
PARENT
A person who is the natural or adoptive parent of a person. As used herein, "parent" shall also include a court appointed guardian or other person eighteen (18) years of age or older, authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of a person.
PERSON
Any individual seventeen (17) years of age and older or otherwise emancipated by marriage.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
B. 
Offenses.
1. 
No person or minor upon roller skates, or riding in or by means of any coaster, skateboard, toy vehicle or similar device, shall go upon any roadway in any zoning district except while crossing a street on a crosswalk and when so crossing such person shall be granted all the rights and shall be subject to all of the duties applicable to pedestrians. This Section shall not apply upon any street while set aside as a play street as authorized by ordinance of the City.
2. 
No person or minor shall use, operate or permit the use or operation of any coaster, roller skates, skateboard, toy vehicle or like instrument on any sidewalk, street, parking lot or other public place within commercial or industrial districts of the City.
3. 
No person or minor shall use, operate or permit the use of any coaster, roller skates, skateboard, toy vehicle or like instrument on any sidewalk, street, parking lot or other public place within residential districts of the City if such activity presents a traffic, safety or other hazard.
4. 
The Police Officers of the City are hereby authorized to impound the coaster, roller skates, skateboard, toy vehicle or similar device of such person or minor and to retain possession of same until such time as released by the City court or as the guardian of the violator shall appear at the Police Department and claim such.
5. 
It shall be unlawful for the parent(s) or guardian(s) or person(s) having legal custody of a minor to be in violation of this Section as imposed herein.
[CC 1988 §14-2; Ord. No. 2460 §1, 2-22-1973]
It shall be unlawful for the directing officer or the operator of any railroad train to direct the operation of or to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than five (5) minutes; provided that this Section shall not apply to a moving train or to one stopped because of an emergency or for repairs necessary before it can proceed safely.
[CC 1988 §14-2; Ord. No. 2460 §1, 2-22-1973]
No vehicle shall at any time be driven through or within a safety zone.
[CC 1988 §14-8; Ord. No. 2460 §1, 2-22-1973]
It shall be unlawful for any operator or passenger in any vehicle to cause or allow debris, litter, paper, junk, obstruction or any other item to be thrown, placed, dropped, unloaded or blown from such vehicle and remain in, upon or about any street, highway, alley, public property or public right-of-way in the City.
[CC 1988 §14-12; Ord. No. 2640 §1, 2-22-1973]
A. 
No person shall operate any motor vehicle upon any street when the vehicle is so loaded with passengers or property as to obstruct or interfere with the driver's view or control of such vehicle, and it shall be unlawful for any passenger to obstruct the view of or to interfere with the driver in control of such vehicle.
B. 
No person shall operate any motor vehicle when his/her view ahead, to the rear or to either side is obstructed by dirt, defective glass, stickers, fog, moisture, frost, snow or any other item whatsoever, or by rain or snow because of the lack of an adequate operable windshield wiper or the failure to have such wiper in operation.
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.
[CC 1988 §14-21; Ord. No. 2460 §1, 2-22-1973]
No person shall, without the consent of the City Manager, Chief of Police, City Engineer or Park Board, operate any motor vehicle in or upon any public park, playground or other public property other than upon a regularly constructed, maintained or designated street, roadway or driveway.
[CC 1988 §14-22; Ord. No. 2460 §1, 2-22-1973]
It shall be unlawful for any person to drive upon any street under construction or repair where any barricade, sign or flagman or workman designates or gives notice that such street or portion of street is closed.
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.
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.
[Ord. No. 3675 §1, 3-29-2006]
The operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in Section 300.010, RSMo., shall leave a safe distance when passing the bicycle and shall maintain clearance until safely past the overtaken bicycle.
[Ord. No. 3784 §1, 5-19-2008]
A. 
A person shall be deemed to commit the offense of "endangerment of a highway worker" upon conviction for any of the following when the offense occurs within a construction zone or work zone:
1. 
Exceeding the posted speed limit by fifteen (15) miles per hour or more;
2. 
Passing in violation of Subsection (4) of Section 304.582, RSMo.;
3. 
Failure to stop for a work zone flagman or failure to obey traffic control devices erected in the construction zone or work zone for purposes of controlling the flow of motor vehicles through the zone;
4. 
Driving through or around a work zone by any lane not clearly designated to motorists for the flow of traffic through or around the work zone;
5. 
Physically assaulting or attempting to assault or threatening to assault a highway worker in a construction zone or work zone with a motor vehicle or other instrument;
6. 
Intentionally striking, moving or altering barrels, barriers, signs or other devices erected to control the flow of traffic to protect workers and motorists in the work zone for a reason other than avoidance of an obstacle, an emergency or to protect the health and safety of an occupant of the motor vehicle or of another person; or
7. 
Committing any of the following offenses:
a. 
Leaving the scene of an accident;
b. 
Careless and imprudent driving;
c. 
Operating without a valid license;
d. 
Operating with a suspended or revoked license; or
e. 
Driving while in an intoxicated condition or under the influence of controlled substances or drugs or driving with an excessive blood alcohol content.
B. 
Except for the offense established under Subdivision (6) of Subsection (A) of this Section, no person shall be deemed to commit the offense of endangerment of a highway worker except when the act or omission constituting the offense occurred when one (1) or more highway workers were in the construction zone or work zone.
C. 
No person shall be cited or convicted for endangerment of a highway worker or aggravated endangerment of a highway worker for any act or omission otherwise constituting an offense under Subsection (A) 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 a highway worker.
[Ord. No. 3848 §1, 3-15-2010]
A. 
Definitions. The following terms, as used in this Section, shall have the meaning ascribed thereto:
ELECTRONIC MESSAGE
A self-contained piece of digital communication that is designed or intended to be transmitted between hand-held electronic wireless communication devices and includes, but is not limited to, electronic mail, a text message, an instant message or a command or request to access an Internet site.
HAND-HELD ELECTRONIC WIRELESS COMMUNICATIONS DEVICE
Any hand-held cellular phone, palm pilot, blackberry or other mobile electronic device used to communicate verbally or by text or electronic messaging, but shall not apply to any device that is permanently embedded into the architecture and design of the motor vehicle.
MAKING OR TAKING PART IN A TELEPHONE CALL
Listening to or engaging in verbal communication through a hand-held electronic wireless communication device.
SEND, READ OR WRITE A TEXT MESSAGE OR ELECTRONIC MESSAGE
Using a hand-held electronic wireless telecommunications device to manually communicate with any person by using an electronic message. Sending, reading or writing a text message or electronic message does not include reading, selecting or entering a phone number or name into a hand-held electronic wireless communications device for the purpose of making a telephone call.
B. 
Except as otherwise provided in this Section:
[Ord. No. 4009 §1, 2-17-2014]
1. 
No person twenty-one (21) years of age or younger operating a moving motor vehicle upon the highways of this State shall, by means of a hand-held electronic wireless communications device, send, read, or write a text message or electronic message;
2. 
No person shall operate a commercial motor vehicle while using a hand-held mobile telephone;
3. 
No person shall operate a commercial motor vehicle while using a wireless communications device to send, read, or write a text message or electronic message.
C. 
The provisions of Subsection (B)(1) through (3) shall not apply to a person operating:
[Ord. No. 4009 §1, 2-17-2014]
1. 
An authorized emergency vehicle; or
2. 
A moving motor vehicle while using a hand-held electronic wireless communications device to report illegal activity, summon medical or other emergency help, prevent injury to a person or property or relay information between a transit or for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle.
D. 
Nothing in this Section shall be construed or interpreted as prohibiting a person from making or taking part in a telephone call, by means of a hand-held electronic wireless communications device, while operating a noncommercial motor vehicle upon the highways of this State.
[Ord. No. 4009 §1, 2-17-2014]
E. 
The provisions of this Section shall not apply to:
[Ord. No. 4009 §1, 2-17-2014]
1. 
The operator of a vehicle that is lawfully parked or stopped;
2. 
Any of the following while in the performance of their official duties: a Law Enforcement Officer; a member of a Fire Department; or the operator of a public or private ambulance;
3. 
The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system;
4. 
The use of voice-operated technology; or
5. 
The use of two-way radio transmitters or receivers by a licensee of the Federal Communications Commission in the amateur radio service.
[Ord. No. 4010 §1, 2-17-2014]
A. 
Definitions. The following terms, as used in this Section, shall have the meanings ascribed thereto:
ACTIVE EMERGENCY
Any incident occurring on a highway, as the term "highway" is defined in Section 302.010, RSMo., that requires emergency services from any emergency responder.
ACTIVE EMERGENCY ZONE
Any area upon or around any highway, which is visibly marked by emergency responders performing work for the purpose of emergency response, and where an active emergency, or incident removal, is temporarily occurring. This area includes the lanes of highway leading up to an active emergency or incident removal, beginning within three hundred (300) feet of visual sighting of an appropriate sign or traffic control devices posted or placed by emergency responders or an emergency vehicle displaying active emergency lights or signals.
EMERGENCY RESPONDER
Any Law Enforcement Officer, paid or volunteer firefighter, first responder, emergency medical worker, tow truck operator, or other emergency personnel responding to an emergency on a highway.
B. 
When within an active emergency zone:
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 (B)(2), when the violation or offense occurs within an active emergency zone, the court shall assess a fine of thirty-five dollars ($35) 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) 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 pursuant to Section 320.030, or a passing violation under Subsection (B)(3), 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) 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) 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 (B)(1).
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 B shall not be construed to enhance the assessment of court costs or the assessment of points under Section 302.302, RSMo.
C. 
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:
1. 
Exceeding the posted speed limit by fifteen (15) miles per hour or more;
2. 
Passing in violation of Subsection (B)(3);
3. 
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;
4. 
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;
5. 
Physically assaulting, attempting to assault, or threatening to assault an emergency responder with a motor vehicle or other instrument; or
6. 
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.
D. 
Upon a finding of guilt or a plea of guilty for committing the offense of endangerment of an emergency responder under Subsection C, if no injury or death to an emergency responder resulted from the offense, the court shall assess a fine of not more than five hundred dollars ($500.00).
E. 
If the offense alleged results in the injury or death of an emergency responder, the matter shall be referred to the Jefferson County Prosecutor.
F. 
Except for the offense established under Subsection (C)(6), 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 (1) or more emergency responders were responding to an active emergency.
G. 
No person shall be cited for, or found guilty of, endangerment of an emergency responder for any act or omission otherwise constituting an offense under Subsection (C) 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.