[Ord. No. 1944, 7-23-2020[1]]
A.
It shall be the duty of the officers of the Police Department or
such officers as are assigned by the Chief of Police to enforce all
traffic laws of the City and all of the State vehicle laws applicable
to traffic in the City.
B.
Officers of the Police Department or such officers as are assigned
by the Chief of Police are hereby authorized to direct all traffic
by voice, hand or signal in conformance with traffic laws; provided,
that, in the event of a fire or other emergency or to expedite traffic
or to safeguard pedestrians, officers of the Police Department may
direct traffic as conditions may require notwithstanding the provisions
of the traffic laws.
C.
Officers of the Fire Protection District, when at the scene of an
incident, may direct or assist the Police in directing traffic thereat
or in the immediate vicinity.
[1]
Editor's Note: Ord. No. 1944 also changed the title of this
Section from "Authority of Police and Fire Department Officials" to
"Authority of Police Department and Fire Protection District Officials."
[R.O. 2014 §310.015; Ord. No. 613 §1, 2-13-1992]
B.
If
any motor vehicle is found within the corporate limits of Marshfield,
Missouri in violation of the provisions of the aforesaid Chapters
of the Marshfield Municipal Code, or in violation of any ordinances
of the City regulating parking in designated handicapped parking spaces,
and the driver thereof is not present, the owner(s), or person(s)
in whose name(s) such vehicle is registered in the records of the
Department of Revenue of the State of Missouri, shall be responsible
for such violation when such vehicle was being used with permission.
A computer printout from the Missouri Department of Revenue shall
be prima facie evidence of the ownership of said vehicle. Proof of
ownership, as aforesaid, shall be prima facie evidence that the vehicle
was parked with the permission of the owner(s) and by an agent of
the owner(s). When prima facie evidence, as aforesaid, is properly
admitted in any trial, the burden of overcoming such evidence shall
be upon the owner(s) of said vehicle by showing by clear and convincing
evidence that he/she/it was not the owner of said vehicle at the time
of the alleged offense or that said vehicle was, at the time of the
alleged offense, not being operated by a person who had the consent
of the owner to operate said vehicle, either express or implied, or
that the actual operator of said motor vehicle at the time of the
alleged offense was in fact actually physically handicapped to such
an extent that they qualify for a handicap license plate. Any person
whose vehicle prominently displays a handicap permit or license plate
issued by a governmental agency of the State of Missouri shall be
presumed to be properly using a parking space marked by the international
handicap symbol of access. Any person whose vehicle is parked in a
parking space marked by the international handicap symbol of access,
either on public or private property, which does not prominently display
a handicap permit or license plate issued by a governmental agency
of the State of Missouri shall be presumed to be in violation of any
handicap parking ordinance and to be utilizing said space improperly.
Said presumptions shall be rebuttable and may be overcome by the individual
charged or other parties submitting evidence to the contrary.
[Ord. No. 1945, 7-23-2020[1]]
No person shall knowingly fail or refuse to comply with any
lawful order or direction of a Police Officer or Fire Protection District
official.
[1]
Editor's Note: Ord. No. 1945 also changed the title of this
Section from "Obedience to Police and Fire Department Officials" to
"Obedience to Police Department and Fire Protection District Officials."
Every person propelling any pushcart or riding an animal upon
a roadway, and every person driving any animal-drawn vehicle, shall
be subject to the provisions of this Title applicable to the driver
of any vehicle, except those provisions of this Title which by their
very nature can have no application.
No person upon roller skates, or riding in or by means of any
coaster, toy vehicle, skateboard or similar device, shall go upon
any roadway except while crossing a street on a crosswalk and when
so crossing such person shall be granted all of 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.
The provisions of this Title shall apply to the driver of any
vehicle owned by or used in the service of the United States Government,
this State, County or City and it shall be unlawful for any said driver
to violate any of the provisions of this Title, except as otherwise
permitted in this Title.
A.
Upon the immediate approach of an emergency vehicle giving audible signal by siren or while having at least one (1) lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle or a flashing blue light authorized by Section 310.070 of this Chapter, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as far as possible to the right of, the traveled portion of the highway and thereupon stop and remain in such position until such emergency vehicle has passed, except when otherwise directed by a Police or Traffic Officer.
B.
Upon approaching a stationary emergency vehicle displaying lighted
red or red and blue lights, or a stationary vehicle owned by the State
Highways and Transportation Commission and operated by an authorized
employee of the Department of Transportation displaying lighted amber
or amber and white lights, the driver of every motor vehicle shall:
1.
Proceed with caution and yield the right-of-way, if possible
with due regard to safety and traffic conditions, by making a lane
change into a lane not adjacent to that of the stationary vehicle,
if on a roadway having at least four (4) lanes with not less than
two (2) lanes proceeding in the same direction as the approaching
vehicle; or
2.
Proceed with due caution and reduce the speed of the vehicle,
maintaining a safe speed for road conditions, if changing lanes would
be unsafe or impossible.
C.
Responsibilities Of Driver Of Emergency Vehicle.
1.
The driver of any "emergency vehicle" defined in Section 300.010 of this Code shall not sound the siren thereon or have the front red lights or blue lights on except when such vehicle is responding to an emergency call or when in pursuit of an actual or suspected law violator, or when responding to, but not upon returning from, a fire.
2.
The driver of an emergency vehicle may:
a.
Park or stand irrespective of the provisions of Sections 304.014
to 304.025, RSMo., and the provisions of this Code;
b.
Proceed past a red or stop signal or stop sign, but only after
slowing down as may be necessary for safe operation;
c.
Exceed the prima facie speed limit so long as the driver does
not endanger life or property;
d.
Disregard regulations governing direction of movement or turning
in specified directions.
3.
The exemptions granted to an emergency vehicle pursuant to Subsection (C)(2) of this Section shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one (1) lighted lamp displaying a red light or blue light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle.
D.
No person shall purchase an emergency light as described in this
Section without furnishing the seller of such light an affidavit stating
that the light will be used exclusively for emergency vehicle purposes.
[Ord. No. 2000, 7-22-2021]
A.
A person
shall be deemed to commit the offense of "endangerment of City work
crew" 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 ten (10) miles per hour or more;
2.
Failure to stop for a construction zone or 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;
3.
Driving through or around a construction zone or work zone by any
lane not clearly designated to motorists for the flow of traffic through
or around the construction zone or work zone;
4.
Physically assaulting, or attempting to assault, or threatening to
assault a City worker in a construction zone or work zone, with a
motor vehicle or other instrument;
5.
Intentionally striking, moving, or altering barrels, barrels, barriers,
signs, or other devices erected to control the flow of traffic to
protect City workers and motorists in the construction zone or 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
6.
Committing any of the following offenses for which points may be
assessed under State law:
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;
e.
Driving while in an intoxicated condition or under the influence
of controlled substances or drugs or driving with an excessive blood
alcohol content;
f.
Any felony involving the use of a motor vehicle.
B.
A City
worker is defined as any person employed by the City of Marshfield,
or contracted, or subcontracted to do any work along City streets
or City right-of-way.
C.
City
construction zone or work zone is defined as any City street or City
right-of-way that is clearly marked with "construction zone," "work
zone," "road closed," "men working," or any place that barrels, barriers,
signs, or other devices are erected to control the flow of traffic
along said City owned streets or rights-of-way that work is being
performed.
D.
Except for the offense established under Subsection (A)(6) of this Section, no person shall be deemed to commit the offense of endangerment of a City worker except when the act or omission constituting the offense occurred when one (1) or more City workers were in the construction zone or work zone.
E.
No person shall be cited or convicted for endangerment of a City 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 City worker.
Motor vehicles and equipment, not otherwise defined in this Title as an authorized emergency vehicle, which are operated by any member of an organized Fire Department, ambulance association or rescue squad, whether paid or volunteer, may be operated on streets and highways in this City as an emergency vehicle under the provisions of Section 310.060 of this Chapter, while responding to a fire call or ambulance call or at the scene of a fire call or ambulance call and while using or sounding a warning siren and using or displaying thereon fixed, flashing or rotating blue lights, but sirens and blue lights shall be used only in bona fide emergencies. Permits for the operation of such vehicles equipped with sirens or blue lights shall be in writing and shall be issued and may be revoked by the Chief of an organized Fire Department, organized ambulance association or rescue squad and no person shall use or display a siren or rotating blue lights on a motor vehicle, fire, ambulance or rescue equipment without a valid permit authorizing the use. Permit to use a siren or lights as heretofore set out does not relieve the operator of the vehicle so equipped with complying with all other traffic laws and regulations. Violation of this Section constitutes an ordinance violation.
The driver of a vehicle involved in an accident within the City
resulting in injury to or death of any person or total property damage
to an apparent extent of five hundred dollars ($500.00) or more to
one (1) person shall give or cause to be given notice of such accident
to the Police Department as soon as reasonably possible.
The driver of a vehicle which is in any manner involved in an
accident resulting in bodily injury to or death of any person or total
property damage to an apparent extent of five hundred dollars ($500.00)
or more to one (1) person shall, within five (5) days after such accident,
forward a written report of such accident to the Police Department.
The provisions of this Section shall not be applicable when the accident
has been investigated at the scene by a Police Officer while such
driver was present thereat.
A.
Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in Section 310.080 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.
B.
Whenever the driver is physically incapable of making a written report of an accident as required in Section 310.090 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall, within five (5) days after the accident, make such report not made by the driver.
A.
A person commits the offense of leaving the scene of a motor vehicle
accident when, being the operator or driver of a vehicle on the highways,
streets or roads of the City or on any publicly or privately owned
parking lot or parking facility within the City generally open for
use by the public and knowing that an injury has been caused to a
person or damage has been caused to property due to his/her culpability
or to accident, he/she leaves the place of the injury, damage or accident
without stopping and giving his/her name, residence, including City
and street number, motor vehicle number and driver's license number,
if any, to the injured party or to a Police Officer, or if no Police
Officer is in the vicinity, then to the nearest Police station or
judicial officer.
B.
For the purposes of this Section, all Peace Officers shall have jurisdiction,
when invited by an injured person, to enter the premises of any such
privately owned parking lot or parking facility for the purpose of
investigating an accident and performing all necessary duties regarding
such accident.
[R.O. 2014 §310.130; Ord. No. 1112, 2-10-2005]
A.
The
driver of a vehicle shall be guilty of failing to devote sufficient
attention to the control of his/her vehicle if the vehicle collides
with any other vehicle that is lawfully stopped, lawfully parked or
lawfully proceeding in the same direction of travel in a designated
lane of traffic.
B.
As
used in this Section, "control" shall mean to regulate,
guide or exercise restraining or directing influence over.
