City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2254-04 §1, adopted March 16, 2004, repealed ch. 340 "miscellaneous driving rules" and enacted new provisions set out herein. The removed sections of former ch. 340 derived from RSMo. §194.152, 300.300 — 300.365, 302.020; ord. no. 325 §§9, 34, 38 — 40, 43 — 45, 47, 53, 9-3-1968; ord. no. 779 §33A, 6-11-1979; ord. no. 820 §§1 — 2, 6-9-1980; ord. no. 886 §§3 — 7, 9 — 12, 12-13-1982; ord. no. 936 §1, 6-21-1984; ord. no. 937 §1, 6-21-1984; ord. no. 955 §1, 11-13-1984; ord. no. 1006 §§1, 2, 4-8-1986; ord. no. 1009 §§1 — 2, 5-13-1986; ord. no. 1729-97 §1 5-20-1997; ord. no. 1843-99 §1, 2-16-1999; ord. no. 1881-99 §1, 7-19-1999; ord. no. 1907-99 §§21 — 23, 12-21-1999; ord. no. 2001-01 §1, 6-19-2001; ord. no. 2018-01 §§1 — 2, 8-21-2001.
[Ord. No. 2254-04 §1, 3-16-2004]
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.
[Ord. No. 2254-04 §1, 3-16-2004]
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.
[Ord. No. 2254-04 §1, 3-16-2004]
No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this Title. This provision shall not apply at intersections where traffic is controlled by traffic control signals or Police Officers.
[Ord. No. 2254-04 §1, 3-16-2004]
Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe.
[Ord. No. 2254-04 §1, 3-16-2004]
A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the Traffic Division.
[1]
Editor's Note: Former Section 340.060, When Permits Required for Parades and Processions, adopted and amended by Ord. No. 2254-04 §1, 3-16-2004, was repealed 5-19-2014 by Ord. No. 2922-15 §1.
[Ord. No. 2254-04 §1, 3-16-2004]
The driver of a vehicle shall not drive within any sidewalk area except as a permanent or temporary driveway.
[Ord. No. 2254-04 §1, 3-16-2004]
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.
[Ord. No. 2254-04 §1, 3-16-2004]
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.
[Ord. No. 2254-04 §1, 3-16-2004]
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.
[Ord. No. 2254-04 §1, 3-16-2004]
A. 
No person shall ride a bicycle upon a sidewalk within a business district.
B. 
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. 
No person shall ride a motorized bicycle upon a sidewalk.
[Ord. No. 2411-05 §1, 10-18-2005]
A. 
For the purpose of this Section, "miniature motorcycles", "go-carts" and "motorized scooters" are defined as those motor-driven vehicles that are not capable of being registered and licensed as motor vehicles under the laws of the State of Missouri, are capable of transporting one (1) or more persons at a speed of greater than five (5) miles per hour, and that have a seat for a rider that is eighteen (18) inches or less above the ground, as measured from the lowest point of the upper surface of the seat or saddle.
B. 
No person shall operate a miniature motorcycle, go-cart or motorized scooter as defined under this Section on the streets, sidewalks, trails and parks within the City of Smithville.
C. 
This Section shall not apply to any wheelchair or electric-powered device utilized for transportation by a disabled person, or electric-powered devices that are self-balancing and designed to transport only one (1) person.
D. 
Violations of this Section are punishable by a fine of not more than five hundred dollars ($500.00).
[Ord. No. 2254-04 §1, 3-16-2004]
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. 
All-terrain vehicles whose operators carry a special permit issued by this City pursuant to Section 304.013, RSMo.
B. 
No person shall operate an off-road vehicle, as defined in Section 300.020, 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 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 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 day-glow in color.
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 class C misdemeanor.
[Ord. No. 2553-07 §1, 5-15-2007]
A. 
It shall be unlawful for any person in a public park or recreation area to:
1. 
Drive any vehicle on any area except the park roads or parking areas, or such areas as may on occasion be specifically designated as temporary areas.
2. 
Park a vehicle anywhere except on a designated parking area.
3. 
Leave a vehicle standing or parked in established parking areas or elsewhere in the park and recreation areas during hours when the park and recreation area is closed.
4. 
Wash any vehicle.
5. 
Use the parks, park drives, parking places or parkways for the purpose of demonstrating any vehicles, or for the purpose of instructing another to drive or operate any vehicles, nor shall any person use any park area, including paring places for repair or cleaning of any vehicle. Except in an emergency.
[Ord. No. 2254-04 §1, 3-16-2004]
No person riding upon any bicycle, motorized bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway. Neither shall the driver of a vehicle knowingly pull a rider behind a vehicle.
[Ord. No. 2254-04 §1, 3-16-2004]
No person shall drive a vehicle onto or from any controlled access roadway except at such entrances and exits as are established by public authority.
[Ord. No. 2254-04 §1, 3-16-2004]
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.
[Ord. No. 2254-04 §1, 3-16-2004]
No vehicle shall at any time be driven through or within a safety zone.
[RSMo. §304.580; Ord. No. 2014-01 §1, 7-24-2001; Ord. No. 2254-04 §1, 3-16-2004]
A. 
As used in this Section, the term "construction zone" or "work zone" means any area upon or around any street or highway in the City of Smithville which is visibly marked by the Missouri Department of Transportation or Smithville Public Works Department as an area where construction, maintenance or other work is temporarily occurring. The term "work zone" or "construction zone" also includes the lanes of highway leading up to the area upon which an activity described in this Subsection is being performed, beginning at the point where appropriate signs directing motor vehicles to merge from one lane into another lane are posted.
B. 
Upon a conviction or a plea of guilty by any person for a moving violation as defined by the Traffic Code of the City of Smithville, the court shall assess a fine of thirty-five dollars ($35.00), in addition to any other fine authorized to be imposed by law, if the offense occurred within a construction zone or work area.
C. 
Upon a conviction or plea of guilty by any person for a speeding violation or a passing violation pursuant to the Traffic Code of the City of Smithville, Missouri, the court shall assess a fine of two hundred fifty dollars ($250.00), in addition to any other fine authorized by law, if the offense occurred within a construction zone or a work zone and at the time the violation occurred there was any person in such zone who was there to perform duties related to the reason for which the area was designated a construction zone or work zone.
D. 
The penalty authorized by this Section shall only be assessed by the court if the Missouri Department of Transportation or contractor performing the work for the Department of Transportation or the Smithville Public Works Department has erected signs upon or around a construction or work zone which are clearly visible from the highway and which state substantially the following message: "Warning: $250 fine for speeding or passing in this work zone". However, no person shall be assessed an additional fine pursuant to this Subsection if no signs have been posted.
E. 
During any day in which no person is present in a construction zone or work zone to perform duties related to the purpose of the zone, the sign warning of additional penalties shall not be visible to motorists. During any period of two (2) hours or more in which no person is present in such zone on a day in which persons have been or will be present to perform duties related to the reason for which the area was designated as a construction zone or work zone, the sign warning of additional penalties shall not be visible to motorists.
F. 
The Department of Transportation or contractor performing work for the Department of Transportation or the Smithville Public Works Department shall be responsible for compliance with the provisions of this Subsection. Nothing in this Subsection shall prohibit warning or traffic control signs necessary for public safety in the construction or work zone being visible to motorists at all times.
[Ord. No. 325 §6, 9-3-1968; Ord. No. 2254-04 §1, 3-16-2004]
It shall be unlawful for the driver of any vehicle to drive the same when such vehicle is so loaded or when there are in the front seat of such vehicle such a number of persons as to obstruct the view of the driver to the back, front or sides or to interfere with the driver's control over the driving mechanism of the vehicle.
[Ord. No. 2559-07 §1, 6-5-2007]
A. 
Any person may operate a motor vehicle with front sidewing vents or windows located immediately to the left and right of the driver that have a sun screening device, in conjunction with safety glazing material, that has a light transmission of thirty-five percent (35%) or more plus or minus three percent (3%) and a luminous reflectance of thirty-five percent (35%) or less plus or minus three percent (3%). Except as provided in Subsection (E) of this Section, any sun screening device applied to front sidewing vents or windows located immediately to the left and right of the driver in excess of the requirements of this Section shall be prohibited without a permit pursuant to a physicians's prescription as described below. A permit to operate a motor vehicle with front sidewing vents or windows located immediately to the left and right of the driver that have a sun screening device, in conjunction with safety glazing material, which permits less light transmission and luminous reflectance than allowed under the requirements of this Subsection, may be issued by the department of public safety to a person having a serious medical condition which required the use of a sun screening device if the permittee's physician prescribes its use. The director of the department of the public safety shall promulgate rules and regulations for the issuance of the permit. The permit shall allow operation of the vehicle by any titleholder or relative within the second degree by consanguinity or affinity, which shall mean a spouse, each grandparent, parent, brother, sister, niece, nephew, aunt, uncle, child and grandchild of a person, who resides in the household. Except as provided in Subsection (B) of this Section, all sun screening devices applied to the windshield of a motor vehicle are prohibited.
B. 
This Section shall not prohibit labels, stickers, decalcomania, or informational signs on motor vehicles or the application of tinted or solar screening material to recreational vehicles as defined in Section 700.010, RSMo., provided that such material does not interfere with the driver's normal view of the road. This Section shall not prohibit factory-installed tinted glass, the equivalent replacement thereof or tinting material applied to the upper portion of the motor vehicle's windshield, which is normally tinted by the manufacturer of motor vehicle safety glass.
C. 
Any rule or portion of a rule, as that term in defined in Section 536.010, RSMo., that is created under the authority delegated in this Section shall become effective only if it complies with and is subject to all of the provisions of Chapter 536, RSMo., and, if applicable, Section 536.028, RSMo. This Section and Chapter 536, RSMo., are non-severable and if any of the powers vested with the general assembly pursuant to Chapter 536, RSMo., to review, to delay the effective date or to disapprove and annual a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.
D. 
Any person who violates the provisions of this Section is guilty of a Class C misdemeanor.
E. 
Any vehicle licensed with a historical license plate shall be exempt from the requirements of this Section.
[RSMo. §304.012; Ord. No. 2254-04 §1, 3-16-2004]
Every person operating a motor vehicle on the roads and 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.
[Ord. No. 325 §35, 9-3-1968; Ord. No. 2254-04 §1, 3-16-2004]
Upon all streets, except one-way streets, the driver of a vehicle shall drive the same upon the right-half of the roadway, except when overtaking and passing another vehicle, subject to the limitations set forth in this Section. In driving upon the right-half of the roadway, the driver shall drive as closely as practicable to the right edge or curb of the roadway, except when overtaking or passing another vehicle or when placing a vehicle in position to make a left turn.
[Ord. No. 2254-04 §1, 3-16-2004]
A. 
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations and exceptions hereinafter stated:
1. 
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle; and
2. 
Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of such driver's vehicle until completely passed by the overtaking vehicle.
B. 
The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions:
1. 
When the vehicle overtaken is making or about to make a left turn;
2. 
Upon a City street with unobstructed pavement of sufficient width for two (2) or more lines of vehicles in each direction;
3. 
Upon a one-way street;
4. 
Upon any highway outside of a City with unobstructed pavement of sufficient width and clearly marked for four (4) or more lines of traffic. The driver of a motor vehicle may overtake and pass another vehicle upon the right only under the foregoing conditions when such movement may be made in safety. In no event shall such movement be made by driving off the paved or main traveled portion of the roadway. The provisions of this Subsection shall not relieve the driver of a slow-moving vehicle from the duty to drive as closely as practicable to the right-hand edge of the roadway.
C. 
Except when a roadway has been divided into three (3) traffic lanes, no vehicle shall be driven to the left side of the centerline of a highway or public road in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
D. 
No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
1. 
When approaching the crest of a grade or upon a curve of the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
2. 
When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct, tunnel or when approaching within one hundred (100) feet of or at any intersection or railroad grade crossing.
[Ord. No. 2254-04 §1, 3-16-2004]
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, RSMo., 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 no later than August 1, 1998, 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 schoolchildren 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 shall have the authority pursuant to this Section 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 or 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.
F. 
The driver of any school bus driving upon the highways of this State after loading or unloading school children shall remain stopped if the bus is followed by three (3) or more vehicles, until such vehicles have been permitted to pass the school bus, if the conditions prevailing make it safe to do so.
G. 
If any vehicle is witnessed by a Peace Officer or the driver of a school bus to have violated the provisions of this Section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed the violation. In the event that charges are filed against multiple owners of a motor vehicle, only one (1) of the owners may be convicted and court costs may be assessed against only one (1) of the owners. If the vehicle which is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the presumption by providing the Peace Officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation. No prosecuting authority may bring any legal proceedings against a rental or leasing company under this Section unless prior written notice of the violation has been given to that rental or leasing company by registered mail at the address appearing on the registration and the rental or leasing company has failed to provide the rental or lease agreement copy within fifteen (15) days of receipt of such notice.
H. 
Notwithstanding the provisions in Section 301.130, RSMo., every school bus shall be required to have two (2) license plates.
[Ord. No. 2254-04 §1, 3-16-2004]
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.
[RSMo. 304.665; Ord. No. 2254-04 §1, 3-16-2004]
A. 
No person shall operate any truck, as defined in Section 301.010, RSMo., with a licensed gross weight of less than twelve thousand (12,000) pounds on any highway which is part of the State or Federal highway system or when such truck is operated within the corporate limits of any City when any person under eighteen (18) years of age is riding in the unenclosed bed of such truck. No person under eighteen (18) years of age shall ride in the unenclosed bed of such truck when the truck is in operation. Any person who operates a truck with a licensed gross weight of less than twelve thousand (12,000) pounds in violation of this Section is guilty of a class C misdemeanor.
B. 
The provisions of this Section shall only apply when a truck described in Subsection (A) of this Section is operated on a highway which is part of the State or Federal highway system or when such truck is operated within the corporate limits of any City. The provisions of this Section shall not apply to:
1. 
An employee engaged in the necessary discharge of the employee's duties where it is necessary to ride in the unenclosed bed of the truck;
2. 
Any person while engaged in agricultural activities where it is necessary to ride in the unenclosed bed of the truck;
3. 
Any person riding in the unenclosed bed of a truck while such truck is being operated in a parade, caravan or exhibition which is authorized by law;
4. 
Any person riding in the unenclosed bed of a truck if such truck has installed a means of preventing such person from being discharged or such person is secured to the truck in a manner which will prevent the person from being thrown, falling or jumping from the truck;
5. 
Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of participating in a special event and it is necessary that the person ride in such unenclosed bed due to a lack of available seating. "Special event", for the purposes of this Section, is a specific social activity of a definable duration which is participated in by the person riding in the unenclosed bed;
6. 
Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of providing assistance to or ensuring the safety of other persons engaged in a recreational activity; or
7. 
Any person riding in the unenclosed bed of a truck if such truck is the only legally titled, licensed and insured vehicle owned by the family of the person riding in the unenclosed bed and there is insufficient room in the passenger cab of the truck to accommodate all passengers in such truck. For the purposes of this subdivision the term "family" shall mean any persons related within the first degree of consanguinity.