[R.O. 1991 § 340.010; 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.
[R.O. 1991 § 340.020; 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.
[R.O. 1991 § 340.030; 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.
[R.O. 1991 § 340.040; 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.
[R.O. 1991 § 340.050; 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 § 340.060,
When Permits Required for Parades and Processions, adopted 3-16-2004
by Ord. No. 2254-04, was repealed 5-19-2014 by Ord. No. 2922-15.
The driver of a motor vehicle shall not drive within any sidewalk
area except on a permanent or temporary driveway. A designated bicycle
lane shall not be obstructed by a parked or standing motor vehicle
or other stationary object. A motor vehicle may be driven in a designated
bicycle lane only for the purpose of a lawful maneuver to cross the
lane or to provide for safe travel. In making an otherwise lawful
maneuver that requires traveling in or crossing a designated bicycle
lane, the driver of a motor vehicle shall yield to any bicycle in
the lane. As used in this Section, the term "designated bicycle lane"
shall mean a portion of the roadway or highway that has been designated
by the Governing Body having jurisdiction over such roadway or highway
by striping with signing or striping with pavement markings for the
preferential or exclusive use of bicycles.
[R.O. 1991 § 340.080; 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.
[R.O. 1991 § 340.090; 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.
[R.O. 1991 § 340.100; 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.
[R.O. 1991 § 340.110; 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.
[R.O. 1991 § 340.115; 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).
[R.O. 1991 § 340.120; 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.
[R.O. 1991 § 340.125; 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.
[R.O. 1991 § 340.130; 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.
[R.O. 1991 § 340.140; 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.
[R.O. 1991 § 340.150; 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.
[R.O. 1991 § 340.160; Ord. No. 2254-04 § 1, 3-16-2004]
No vehicle shall at any time be driven
through or within a safety zone.
[R.O. 1991 § 340.170; Ord. No. 2014-01 § 1, 7-24-2001; Ord. No. 2254-04 § 1, 3-16-2004]
A.
As used in this Section 340.170, "construction zone" or "work zone" means any area upon or around any street or highway (as defined in Section 302.010, RSMo., or in this Code) in the City of Smithville which is visibly marked by the Department of Transportation, Smithville Public Works Department or a contractor or subcontractor performing work for the Department of Transportation or Smithville Public Works Department as an area where construction, maintenance, incident removal, 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 or traffic control devices are posted or placed. The terms "worker" or "highway worker" as used in Sections 304.582 and 304.585, RSMo., shall mean any person who is working in a construction zone or work zone on a State highway or the right-of-way of a State highway, any employee of the Department of Transportation who is performing duties under the Department's motorist assist program on a street or highway or the right-of-way of a street or highway, or any utility worker performing utility work on a street or highway or the right-of-way of a street or highway. "Utility worker" means any employee or person employed under contract of a utility that provides gas, heat, electricity, water, steam, telecommunications or cable services, or sewer services, whether privately, municipally, or cooperatively owned, while in performance of his/her job duties.
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.
G.
The driver of a motor vehicle may not overtake or pass another motor
vehicle within a work zone or construction zone as provided in this
Section.
H.
Violations And Penalties.
1.
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, as defined
herein:
a.
Exceeding the posted speed limit by fifteen (15) miles per hour or
more;
c.
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;
d.
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;
e.
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;
f.
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
g.
Committing any of the following offenses:
(1)
Leaving the scene of an accident in violation of this Code;
(2)
Careless and imprudent driving in violation of this Code;
(3)
Operating without a valid license in violation of this Code;
(4)
Operating with a suspended or revoked license;
(5)
Driving while in an intoxicated condition or under the influence
of controlled substances or drugs or driving with an excessive blood
alcohol content;
(6)
Any felony involving the use of a motor vehicle.
2.
Upon conviction or a plea of guilty for committing the offense of endangerment of a highway worker under Subsection (H)(1) of this Section if no injury or death to a highway worker resulted from the offense, in addition to any other penalty authorized by law, the person shall be subject to penalties as set forth in this Code.
3.
A person shall be deemed to commit the offense of aggravated endangerment of a highway worker upon conviction or a plea of guilty for any offense under Subsection (H)(1) of this Section when such offense occurs in a construction zone or work zone as defined herein and results in the injury or death of a highway worker. Upon conviction or a plea of guilty for committing the offense of aggravated endangerment of a highway worker, in addition to any other penalty authorized by law, the person shall be subject to penalties as set forth in this Code.
4.
Except for the offense established under Subsection (H)(1)(f) 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.
5.
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 hereunder 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.
A.
ACTIVE EMERGENCY
ACTIVE EMERGENCY ZONE
EMERGENCY RESPONDER
Definitions. As used in this Section,
the following terms shall have the meanings set out herein:
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:
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.
Offense Of Endangerment Of An Emergency Responder, Elements.
1.
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:
a.
Exceeding the posted speed limit by fifteen (15) miles per hour
or more;
c.
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;
d.
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;
e.
Physically assaulting, attempting to assault, or threatening
to assault an emergency responder with a motor vehicle or other instrument;
or
f.
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.
2.
Except for the offense established under Subsection (B)(1)(f) of this Section, 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 or more emergency responders were responding to an active emergency.
3.
No person shall be cited for, or found guilty of, endangerment of an emergency responder or aggravated endangerment of an emergency responder, for any act or omission otherwise constituting an offense under Subsection (B)(1) 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 emergency responder.
C.
Violations, Penalties.
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 (C)(2) of this Section, when the violation or offense occurs within an active emergency zone, the court shall assess a fine of thirty-five dollars ($35.00) 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 ($75.00) 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 under either Section 304.009 or 304.010, RSMo., or Chapter 320 of this Code, or a passing violation under Subsection (C)(3) of this Section, 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 ($250.00) 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 ($300.00) 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 (C)(1) of this Section.
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 shall not be construed
to enhance the assessment of court costs.
[R.O. 1991 § 340.180; 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.
[R.O. 1991 § 340.185; 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.
[R.O. 1991 § 340.190; 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.
[R.O. 1991 § 340.200; 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.
[R.O. 1991 § 340.210; 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 center line 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.
[R.O. 1991 § 340.220; 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 Section 304.050, RSMo., to Section 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.
[R.O. 1991 § 340.230; 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.
[R.O. 1991 § 340.240; 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.
