City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2254-01 §1, adopted March 16, 2004, repealed chapter 310 and enacted the similar provisions set out herein. Former chapter 310 derived from RSMo. §§300.075 — 300.125; ord. no. 325 §3, 9-3-1968; ord. no. 2200-03 §1, 7-15-2003.

Section 310.010 Authority of Police and Fire Department Officials.

[Ord. No. 2554-04 §1, 3-16-2004]
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 Department, when at the scene of an incident, may direct or assist the Police in directing traffic there at or in the immediate vicinity.

Section 310.020 Obedience to Police and Fire Department Officials.

[Ord. No. 2554-04 §1, 3-16-2004]
No person shall knowingly fail or refuse to comply with any lawful order or direction of a Police Officer or Fire Department official.

Section 310.030 Persons Propelling Pushcarts or Riding Animals to Obey Traffic Regulations.

[Ord. No. 2554-04 §1, 3-16-2004]
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.

Section 310.040 Use of Coasters, Roller Skates and Similar Devices Restricted.

[Ord. No. 2554-04 §1, 3-16-2004]
No person upon roller skates or riding in or by means of any coaster, toy vehicle 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.

Section 310.050 Public Employees to Obey Traffic Regulations.

[Ord. No. 2554-04 §1, 3-16-2004]
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.

Section 310.060 Authorized Emergency Vehicles — Permitted Acts of Drivers.

[Ord. No. 2554-04 §1, 3-16-2004]
A. 
The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Section, but subject to the conditions herein stated.
B. 
The driver of an authorized emergency vehicle may:
1. 
Park or stand, irrespective of the provisions of this Title;
2. 
Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
3. 
Exceed the maximum speed limits so long as he/she does not endanger life or property;
4. 
Disregard regulations governing direction of movement or turning in specified directions.
C. 
The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle while in motion sounds audible signal by siren or while having at least one (1) lighted lamp exhibiting a red light visible under normal atmospheric conditions from a distance of five hundred (50) feet to the front of such vehicle or a flashing blue light authorized by Section 307.175, RSMo.
D. 
The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his/her reckless disregard for the safety of others.

Section 310.065 Emergency Vehicle Defined — Use of Lights and Sirens — Right-of-Way — Stationary Vehicles, Procedure — Penalty.

[Ord. No. 2554-04 §1, 3-16-2004]
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 307.175, RSMo., 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, 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. 
The motorman of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the emergency vehicle has passed, except as otherwise directed by a Police or Traffic Officer.
D. 
An "emergency vehicle" is a vehicle of any of the following types:
1. 
A vehicle operated by the State Highway Patrol, the State Water Patrol or a State park ranger, those vehicles operated by enforcement personnel by the Division of Motor Carrier and Railroad Safety of the Department of Economic Development, Police or Fire Department, Sheriff, Constable or Deputy Sheriff, Federal Law Enforcement Officer authorized to carry firearms and to make arrests for violations of the laws of the United States, traffic officer or coroner or by a privately owned emergency vehicle company;
2. 
A vehicle operated as an ambulance or operated commercially for the purpose of transporting emergency medical supplies or organs;
3. 
Any vehicle qualifying as an emergency vehicle pursuant to Section 307.175, RSMo.;
4. 
Any wrecker or tow truck or a vehicle owned and operated by a public utility or public service corporation while performing emergency service;
5. 
Any vehicle transporting equipment designed to extricate human beings from the wreckage of a motor vehicle;
6. 
Any vehicle designated to perform emergency functions for a civil defense or emergency management agency established pursuant to the provisions of Chapter 44, RSMo.;
7. 
Any vehicle operated by an authorized employee of the Department of Corrections, who as part of the employee's official duties is responding to a riot, disturbance, hostage incident, escape or other critical situation where there is the threat of serious physical injury or death, responding to mutual-aid call from another criminal justice agency or in accompanying an ambulance which is transporting an offender to a medical facility;
8. 
Any vehicle designated to perform hazardous substance emergency functions established pursuant to the provisions of Sections 260.500 to 260.550, RSMo.
E. 
Responsibilities Of Driver Of Emergency Vehicle — Exception.
1. 
The driver of any vehicle referred to in Subsection (D) of this Section 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 304.026;
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 herein granted to an emergency vehicle 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.
F. 
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.

Section 310.070 Operation of Vehicles on Approach of Authorized Emergency Vehicles.

[RSMo. §300.105; Ord. No. 2554-04 §1, 3-16-2004]
A. 
Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the laws of this State or of a Police vehicle properly and lawfully making use of an audible signal only:
1. 
The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of an intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a Police Officer.
2. 
Upon the approach of an authorized emergency vehicle as above stated, the motorman of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, except when otherwise directed by a Police Officer.
3. 
This Section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

Section 310.080 Immediate Notice of Accident Within City.

[Ord. No. 2554-04 §1, 3-16-2004]
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.

Section 310.090 Written Report of Accident.

[Ord. No. 2554-04 §1, 3-16-2004]
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.

Section 310.100 When Driver Unable to Report.

[Ord. No. 2554-04 §1, 3-16-2004]
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.