[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.
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).
[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.
BICYCLE
MOPED or MOTORIZED SCOOTER
MOTORIZED RECREATIONAL VEHICLE
MOTORIZED WHEELCHAIR
ROADWAY
Definitions. The following terms, as used in this
Section, shall have the meanings ascribed thereto:
Every vehicle propelled solely by human power upon which
any person may ride, having two (2) wheels, except scooters and similar
devices.
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.
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.
Any legitimate device for use by physically disabled persons,
such as wheelchairs or scooters when operated by a physically disabled
person.
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.
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.
GUARDIAN
MINOR
PARENT
PERSON
PUBLIC PLACE
Definitions. For purposes of this Section, the following
words and phrases shall have the meanings respectively ascribed to
them:
Any person to whom custody of a minor has been given by a
court order.
Any person under seventeen (17) years of age.
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.
Any individual seventeen (17) years of age and older or otherwise
emancipated by marriage.
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.
ELECTRONIC MESSAGE
HAND-HELD ELECTRONIC WIRELESS COMMUNICATIONS DEVICE
MAKING OR TAKING PART IN A TELEPHONE CALL
SEND, READ OR WRITE A TEXT MESSAGE OR ELECTRONIC MESSAGE
Definitions. The following terms, as used in this Section,
shall have the meaning ascribed thereto:
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.
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.
Listening to or engaging in verbal communication through
a hand-held electronic wireless communication device.
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.
ACTIVE EMERGENCY
ACTIVE EMERGENCY ZONE
EMERGENCY RESPONDER
Definitions. The following terms, as used in this Section, shall
have the meanings ascribed thereto:
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 an appropriate sign or traffic control
devices posted or placed by emergency responders or an emergency vehicle
displaying active emergency lights or signals.
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;
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.
[Ord. No. 4713, 3-15-2021]
A.
No person shall operate a utility vehicle, as defined in Section 300.010 of this Chapter, upon the streets or highways within the City, except as follows:
1.
Utility vehicles owned and operated by a governmental entity for
official use;
2.
Utility vehicles operated for agricultural purposes or industrial
on-premises purposes between the official sunrise and sunset on the
day of operation, unless equipped with proper lighting;
3.
Utility vehicles operated by the owner of the vehicle who possesses
a valid permit obtained from the City Clerk as set forth in this Section.
B.
No
person shall operate a utility vehicle within any stream or river
in the City, except that utility vehicles may be operated within waterways
which flow within the boundaries of land which a utility vehicle operator
owns, or for agricultural purposes within the boundaries of land which
a utility vehicle operator owns or has permission to be upon, or for
the purpose of fording such stream or river in this City at such road
crossings as are customary or part of the highway system.
C.
Licenses,
insurance, flag and sticker are required for the lawful operation
of a utility vehicle within the City of De Soto:
1.
While operating a utility vehicle on a City street, alley or public
road, the operator shall be required to have a valid permit issued
from the City and a Full Class F Missouri Driver License, or its equivalent
issued by another State, in his or her possession;
2.
Operators of all utility vehicles shall exhibit upon the demand of
any Police Officer a valid insurance identification card displaying
current liability insurance coverage for said utility vehicle similar
to the requirements set forth for the operation of motor vehicles
by Section 303.024, RSMo.;
3.
No person shall operate a utility vehicle in excess of the posted
speed limit;
4.
Any person operating a utility vehicle on the public roads, streets
or alleys of the City shall be subject to all of the duties applicable
to a driver of a motor vehicle imposed by law or ordinance, including
those laws pertaining to the possession and use of drugs or alcoholic
beverages and operating a motor vehicle under the influence thereof;
5.
All utility vehicles shall have a safety flag, which extends not
less than seven (7) feet above the ground, attached to the rear of
the vehicle, and an equilateral triangular emblem constructed of substantial
material with fluorescent yellow-orange finish and a reflective, red
border at least one (1) inch in width mounted on the rear of the utility
vehicle;
6.
All utility vehicles shall be equipped with functioning turn indicators
and a seat belt for each passenger;
7.
All utility vehicles operated within City limits must have brakes
in good working order, reliable steering, safe tires, a functioning
muffler and a United States Forest Service qualified spark arrester;
8.
No operator of a utility vehicle shall carry a passenger, except
for a utility vehicle in which the seat of such vehicle is designed
to carry more than one (1) person and is equipped with a safety belt
for each rider.
E.
Utility
vehicles operating on public streets, roads or alleys within the City
shall be registered with the City Clerk. The City Clerk shall only
issue permits to properly registered motor vehicles as set forth in
this Section.
1.
Each application for registration shall include the following:
a.
Identifying information for the utility vehicle, including the make,
model, color and Vehicle Identification Number;
b.
The name and address of each owner of the utility vehicle;
c.
A copy of proof of financial responsibility such as a Certificate
of Insurance consistent with the requirements of Chapter 303, RSMo.
2.
A proof of registration issued by the City in the form of a receipt
for registration and an identification sticker shall constitute all
permits required from the City. The proof of registration shall be
kept in the utility vehicle at all times of operation and the current
registration sticker shall be conspicuously displayed on the rear,
driver's side exterior of the utility vehicle;
4.
The registration for each utility vehicle shall be valid and permanent
for the entire ownership of that specific vehicle. The registrations
are vehicle specific, although there may be additional vehicles registered
within the same household. UTV stickers are non-transferable.
5.
All utility vehicles must meet the following requirements and the
registrant must sign and certify that such requirements have been
met and that the utility vehicle is fully functional and operational:
a.
The brakes are operational;
b.
The parking brake (if equipped) is operational;
c.
The steering column is operational;
d.
The utility vehicle has not less than four (4) wheels;
e.
There is not less than two-thirty-seconds (2/32) inch of tread depth
remaining on each tire, there are no visible tire threads or cords
showing and there is no visible rubber separation.
