Editor's Note — Ord. no. 2254-04 §1, adopted March 16, 2004, repealed ch. 380 "abandoned property" in its entirety. Former ch. 380 derived from ord. no. 1958-00 §1, 10-17-2000. For new provisions on this subject matter, see §§215.020 et seq.
Section 380.120 Limitations on Lamps Other Than Headlamps — Flashing Signals Prohibited Except on Specified Vehicles.
[RSMo. §307.020; Ord. No. 2254-04 §1, 3-16-2004]
As used in Sections 380.020 to 380.200, unless the context requires another or different construction, the following words shall have the meanings set out herein:
- Approved by the Director of Revenue and when applied to lamps and other illuminating devices means that such lamps and devices must be in good working order.
- AUXILIARY LAMP
- An additional lighting device on a motor vehicle used primarily to supplement the headlamps in providing general illumination ahead of a vehicle.
- A major lighting device capable of providing general illumination ahead of a vehicle.
- MOUNTING HEIGHT
- The distance from the center of the lamp to the surface on which the vehicle stands.
- MULTIPLE-BEAM HEADLAMPS
- Headlamps or similar devices arranged so as to permit the driver of the vehicle to use one (1) of two (2) or more distributions of light on the road.
- An approved device designed and used to give an indication by reflected light.
- SINGLE-BEAM HEADLAMPS
- Headlamps or similar devices arranged so as to permit the driver of the vehicle to use but one (1) distribution of light on the road.
- Every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
- WHEN LIGHTED LAMPS ARE REQUIRED
- At any time from a half (½) hour after sunset to a half (½) hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead.
[RSMo. §307.040; Ord. No. 2254-04 §1, 3-16-2004]
No person shall drive, move, park or be in custody of any vehicle or combination of vehicles on any street or highway during the times when lighted lamps are required unless such vehicle or combination of vehicles displays lighted lamps and illuminating devices as hereinafter in this Chapter required. No person shall use on any vehicle any approved electric lamp or similar device unless the light source of such lamp or device complies with the conditions of approval as to focus and rated candlepower.
[RSMo. §307.025; Ord. No. 2254-04 §1, 3-16-2004]
The subsequent provisions of this Chapter with respect to equipment and lights on vehicles shall not apply to agricultural machinery and implements, road machinery, road rollers, traction engines, motorized bicycles or farm tractors except as in this Chapter made applicable.
[RSMo. §307.045; Ord. No. 2254-04 §1, 3-16-2004]
Except as in this Chapter provided, every motor vehicle other than a motor-drawn vehicle and other than a motorcycle shall be equipped with at least two (2) approved headlamps mounted at the same level with at least one (1) on each side of the front of the vehicle. Every motorcycle shall be equipped with at least one (1) and not more than two (2) approved headlamps. Every motorcycle equipped with a sidecar or other attachment shall be equipped with a lamp on the outside limit of such attachment capable of displaying a white light to the front.
[RSMo. §307.060; Ord. No. 2254-04 §1, 3-16-2004]
Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty (350) feet ahead for all conditions of loading.
There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
[RSMo. §307.070; Ord. No. 2254-04 §1, 3-16-2004]
Every person driving a motor vehicle equipped with multiple-beam road lighting equipment, during the times when lighted lamps are required, shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet or is within three hundred (300) feet to the rear of another vehicle traveling in the same direction, the driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the other driver and in no case shall the high-intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a distance of twenty-five (25) feet ahead and in no case higher than a level of forty-two (42) inches above the level upon which the vehicle stands at a distance of seventy-five (75) feet ahead.
[RSMo. §307.075; Ord. No. 2254-04 §1, 3-16-2004]
Every motor vehicle and every motor-drawn vehicle shall be equipped with at least two (2) rear lamps, not less than fifteen (15) inches or more than seventy-two (72) inches above the ground upon which the vehicle stands, which when lighted will exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear. Either such rear lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration marker and render it clearly legible from a distance of fifty (50) feet to the rear. When the rear registration marker is illuminated by an electric lamp other than the required rear lamps, all such lamps shall be turned on or off only by the same control switch at all times.
Every motorcycle registered in this State, when operated on a highway, shall also carry at the rear, either as part of the rear lamp or separately, at least one (1) approved red reflector which shall be of such size and characteristics and so maintained as to be visible during the times when lighted lamps are required from all distances within three hundred (300) feet to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps.
Every new passenger car, new commercial motor vehicle, motor-drawn vehicle and omnibus with a capacity of more than six (6) passengers registered in this State after January 1, 1966, when operated on a highway, shall also carry at the rear at least two (2) approved red reflectors, at least one (1) at each side, so designed, mounted on the vehicle and maintained as to be visible during the times when lighted lamps are required from all distances within five hundred (500) to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps. Every such reflector shall meet the requirements of this Chapter and shall be mounted upon the vehicle at a height not to exceed sixty (60) inches nor less than fifteen (15) inches above the surface upon which the vehicle stands.
[RSMo. §307.080; Ord. No. 2254-04 §1, 3-16-2004]
Any motor vehicle may be equipped with not to exceed three (3) auxiliary lamps mounted on the front at a height not less than twelve (12) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands.
[RSMo. §307.085; Ord. No. 2254-04 §1, 3-16-2004]
Any motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit a white or yellow light without glare. Any motor vehicle may be equipped with not more than one (1) running board courtesy lamp on each side thereof which shall emit a white or yellow light without glare. Any motor vehicle may be equipped with a backup lamp either separately or in combination with another lamp; except that no such backup lamp shall be continuously lighted when the motor vehicle is in forward motion.
[RSMo. §307.090; Ord. No. 2254-04 §1, 3-16-2004]
Any motor vehicle may be equipped with not to exceed one (1) spotlamp but every lighted spotlamp shall be so aimed and used so as not to be dazzling or glaring to any person.
[RSMo. §307.095; Ord. No. 2254-04 §1, 3-16-2004]
Headlamps, when lighted, shall exhibit lights substantially white in color; auxiliary lamps, cowllamps and spotlamps, when lighted, shall exhibit lights substantially white, yellow or amber in color. No person shall drive or move any vehicle or equipment, except a school bus when used for school purposes or an emergency vehicle, upon any street or highway with any lamp or device thereon displaying a red light visible from directly in front thereof.
Section 380.120 Limitations on Lamps Other Than Headlamps — Flashing Signals Prohibited Except on Specified Vehicles.
[RSMo. §307.100; Ord. No. 2254-04 §1, 3-16-2004]
Any lighted lamp or illuminating device upon a motor vehicle other than headlamps, spotlamps, front direction signals or auxiliary lamps which projects a beam of light of an intensity greater than three hundred (300) candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five (75) feet from the vehicle. Alternately flashing warning signals may be used on school buses when used for school purposes and on motor vehicles when used to transport United States mail from post offices to boxes of addressees thereof and on emergency vehicles as defined in Section 304.022, RSMo., and on buses owned or operated by churches, mosques, synagogues, temples or other houses of worship but are prohibited on other motor vehicles, motorcycles and motor-drawn vehicles except as a means for indicating a right or left turn.
[RSMo. §307.105; Ord. No. 2254-04 §1, 3-16-2004]
At the times when lighted lamps are required, at least two (2) lighted lamps shall be displayed, one (1) on each side of the front of every motor vehicle except a motorcycle and except a motor-drawn vehicle except when such vehicle is parked subject to the provisions governing lights on parked vehicles. Whenever a motor vehicle equipped with headlamps as in this Chapter required is also equipped with any auxiliary lamps or a spotlamp or any other lamp on the front thereof projecting a beam of an intensity greater than three hundred (300) candlepower, not more than a total of four (4) of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway.
[RSMo. §307.115; Ord. No. 2254-04 §1, 3-16-2004]
All vehicles, including agricultural machinery or implements, road machinery, road rollers, traction engines and farm tractors not in this Chapter specifically required to be equipped with lamps, shall be equipped during the times when lighted lamps are required with at least one (1) lighted lamp or lantern exhibiting a white light visible from a distance of five hundred (500) feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred (500) feet to the rear and such lamps and lanterns shall exhibit lights to the sides of such vehicle.
[RSMo. §307.125; Ord. No. 2254-04 §1, 3-16-2004]
Any person who shall place or drive or cause to be placed or driven, upon or along any State or supplementary State highway of this State any animal-driven vehicle whatsoever, whether in motion or at rest, shall after sunset to one-half (½) hour before sunrise have attached to every such vehicle at the rear thereof a red taillight or a red reflecting device of not less than three (3) inches in diameter of effective area or its equivalent in area. When such device shall consist of reflecting buttons there shall be no less than seven (7) of such buttons covering an area equal to a circle with a three (3) inch diameter. The total subtended effective angle of reflection of every such device shall be no less than sixty degrees (60°) and the spread and efficiency of the reflected light shall be sufficient for the reflected light to be visible to the driver of any motor vehicle approaching such animal-drawn vehicle from the rear of a distance of not less than five hundred (500) feet. In addition, any person who operates any such animal-driven vehicle during the hours between sunset and one-half (½) hour before sunrise shall have at least one (1) light flashing at all times the vehicle is on any highway of this State. Such light or lights shall be amber in the front and red in the back and shall be placed on the left side of the vehicle at a height of no more than six (6) feet from the ground and shall be visible from the front and the back of the vehicle at a distance of at least five hundred (500) feet.
[Ord. No. 2299-04 §1, 8-17-2004]
It shall be unlawful for any person to drive on the streets of the municipality a motor vehicle which is in such defective mechanical condition as to be reasonably likely, because of such defective mechanical condition, to cause damage to person or property while being driven.
[RSMo. §307.170; Ord. No. 2254-04 §1, 3-16-2004]
Signaling Devices. Every motor vehicle shall be equipped with a horn, directed forward or whistle in good working order, capable of emitting a sound adequate in quantity and volume to give warning of the approach of such vehicle to other users of the highway and to pedestrians. Such signaling device shall be used for warning purposes only and shall not be used for making any unnecessary noise and no other sound-producing signaling device shall be used at any time.
Muffler Cutouts. Muffler cutouts shall not be used and no vehicle shall be driven in such manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling device or other parts or by any improperly loaded cargo. The motors of all motor vehicles shall be fitted with properly attached mufflers of such capacity or construction as to quiet the maximum possible exhaust noise as completely as is done in modern gas engine passenger motor vehicles. Any cutout or opening in the exhaust pipe between the motor and the muffler on any motor vehicle shall be completely closed and disconnected from its operating lever and shall be so arranged that it cannot automatically open or be opened or operated while such vehicle is in motion.
Brakes. All motor vehicles, except motorcycles, shall be provided at all times with two (2) sets of adequate brakes, kept in good working order and motorcycles shall be provided with one (1) set of adequate brakes kept in good working order.
Mirrors. All motor vehicles which are so constructed or loaded that the operator cannot see the road behind such vehicle by looking back or around the side of such vehicle shall be equipped with a mirror so adjusted as to reveal the road behind and be visible from the operator's seat.
Projections On Vehicles. All vehicles carrying poles or other objects, which project more than five (5) feet from the rear of such vehicle, shall, during the period when lights are required by this Chapter, carry a red light at or near the rear end of the pole or other object so projecting. At other times a red flag or cloth, not less than sixteen (16) inches square, shall be displayed at the end of such projection.
Towlines. When one (1) vehicle is towing another, the connecting device shall not exceed fifteen (15) feet. During the time that lights are required by Sections 307.020 to 307.120, RSMo., the required lights shall be displayed by both vehicles. Every towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable or equivalent device in addition to the primary coupling device, except that such secondary coupling device shall not be necessary if the connecting device is connected to the towing vehicle by a center-locking ball located over or nearly over the rear axle and not supported by the rear bumper of the towing vehicle. Such secondary safety connecting devices shall be of sufficient strength to control the towed vehicle in the event of failure of the primary coupling device. The provisions of this Subsection shall not apply to wreckers towing vehicles or to vehicles secured to the towing vehicle by a fifth (5th) wheel type connection.
The provisions of Subsection (F) of this Section shall not apply to farm implements or to any vehicle which is not required to be registered.
Commercial motor vehicles and trailers, when being operated on any highway of this State shall be equipped with adequate and proper brakes, lighting equipment, signaling devices, steering mechanisms, horns, mirrors, windshield wipers, tires, wheels, exhaust system, glazing, air pollution control devices, fuel tank and any other safety equipment required by the State in such condition so as to obtain a certificate of inspection and approval as required by the provisions of Section 307.360, RSMo.
Devices attached to or towed by motor vehicles for the purpose of transporting hay shall have the protruding parts raised or retracted when not in use to a position which will not cause injury or damage to persons or property in the vicinity of such device when on the highways of this State.
[RSMo. §307.010; Ord. No. 2254-04 §1, 3-16-2004]
All motor vehicles and every trailer and semi-trailer operating upon the public highways of this State and carrying goods or material or farm products which may reasonably be expected to become dislodged and fall from the vehicle, trailer or semi-trailer as a result of wind pressure or air pressure and/or by the movement of the vehicle, trailer or semi-trailer shall have a protective cover or be sufficiently secured so that no portion of such goods or material can become dislodged and fall from the vehicle, trailer or semi-trailer while being transported or carried.
[RSMo. §307.015; Ord. No. 2254-04 §1, 3-16-2004]
Trucks, semi-trailers and trailers, except utility trailers, without rear fenders, attached to a commercial motor vehicle registered for over twenty-four thousand (24,000) pounds shall be equipped with mud flaps for the rear wheels when operated on the public highways of this State. If mud flaps are used, they shall be wide enough to cover the full tread width of the tire or tires being protected; shall be so installed that they extend from the underside of the vehicle body in a vertical plane behind the rear wheels to within eight (8) inches of the ground; and shall be constructed of a rigid material or a flexible material which is of a sufficiently rigid character to provide adequate protection when the vehicle is in motion. No provisions of this Section shall apply to a motor vehicle in transit and in process of delivery equipped with temporary mud flaps, to farm implements or to any vehicle which is not required to be registered.
[RSMo. §307.178; Ord. No. 2254-04 §1, 3-16-2004]
As used in this Section, the term "passenger car" means every motor vehicle designed for carrying ten (10) persons or less and used for the transportation of persons; except that, the term "passenger car" shall not include motorcycles, motorized bicycles, motor tricycles and trucks with a licensed gross weight of twelve thousand (12,000) pounds or more.
Each driver, except persons employed by the United States Postal Service while performing duties for that Federal agency which require the operator to service postal boxes from their vehicles or which require frequent entry into and exit from their vehicles and front seat passenger of a passenger car manufactured after January 1, 1968, operated on a street or highway in this State and persons less than eighteen (18) years of age operating or riding in a truck, as defined in Section 301.010, RSMo., on a street or highway of this State shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation and Safety Act requirements; except that, a child less than four (4) years of age shall be protected as required in Section 380.200 hereof. No person shall be stopped, inspected or detained solely to determine compliance with this Subsection. The provisions of this Section shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about their body, nor shall the provisions of this Section be applicable to persons while operating or riding a motor vehicle being used in agricultural work-related activities. Non-compliance with this Subsection shall not constitute probable cause for violation of any other provision of law.
Each driver of a motor vehicle transporting a child four (4) years of age or more, but less than sixteen (16) years of age, shall secure the child in a properly adjusted and fastened safety belt.
[RSMo. §210.104; Ord. No. 2254-04 §1, 3-16-2004; Ord. No. 2526-07 §1, 1-2-2007]
Definitions. As used in this Chapter, the following terms shall have these prescribed meanings:
- CHILD BOOSTER SEAT
- A seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended, that is designed to elevate a child to properly sit in a Federally-approved safety belt system.
- CHILD PASSENGER RESTRAINT SYSTEM
- A seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended, and which is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system.
- A person who is in actual physical control of a motor vehicle.
Every driver transporting a child under the age of sixteen (16) years shall be responsible, when transporting such child in a motor vehicle operated by that driver on the streets or highways of this State, for providing for the protection of such child as follows:
Children less than four (4) years of age, regardless of weight, shall be secured in a child passenger restraint system appropriate for that child;
Children weighing less than forty (40) pounds, regardless of age, shall be secured in a child passenger restraint system appropriate for that child;
Children at least four (4) years of age but less than eight (8) years of age, who also weigh at least forty (40) pounds but less than eighty (80) pounds, and who are also less than four (4) feet, nine (9) inches tall shall be secured in a child passenger restraint system or booster seat appropriate for that child;
Children at least eighty (80) pounds or children more than four (4) feet, nine (9) inches in height shall be secured by a vehicle safety belt or booster seat appropriate for that child;
A child who otherwise would be required to be secured in a booster seat may be transported in the back seat of a motor vehicle while wearing only a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt for booster seat installation;
When transporting children in the immediate family when there are more children than there are seating positions in the enclosed area of a motor vehicle, the children who are not able to be restrained by a child safety restraint device appropriate for the child shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front seat area. The driver transporting children referred to in this Subsection is not in violation of this Section.
This Subsection shall only apply to the use of a child passenger restraint system or vehicle safety belt for children less than sixteen (16) years of age being transported in a motor vehicle.
Any driver who violates Subdivision (1), (2) or (3) of Subsection (B) of this Section is guilty of an infraction and, upon conviction, may be punished by a fine of not more than fifty dollars ($50.00) and court costs. Any driver who violates Subdivision (4) of Subsection (B) of this Section shall be subject to the penalty in Subsection (5) of Section 307.178, RSMo. If a driver receives a citation for violating Subdivisions (1), (2) or (3) of Subsection (B) of this Section, the charges shall be dismissed or withdrawn if the driver, prior to or at his or her hearing, provides evidence of acquisition of a child passenger restraint system or child booster seat which is satisfactory to the court or the party responsible for prosecuting the driver's citation.
The provisions of this Section shall not apply to any public carrier for hire. The provisions of this Section shall not apply to students four (4) years of age or older who are passengers on a school bus designed for carrying eleven (11) passengers or more and which is manufactured or equipped pursuant to Missouri Minimum Standards for School Buses as school buses are defined in Section 301.010, RSMo.
The Highways and Transportation Commission shall initiate and develop a program of public information to develop understanding of, and ensure compliance with, the provisions of this Section.
[Ord. No. 2762-10 §1, 8-10-2010]
It shall be unlawful for the driver of any vehicle to operate or actuate any engine braking system that emits excessive noise, which shall include the use of engine compression brakes, on any street, highway or road within the City Limits of Smithville.
This Section shall not apply to the use of an engine braking system that has an adequate sound muffling system in proper working order that prevents excessive noise. Furthermore, this Section shall not apply if the driver used an engine braking system that emits excessive noise in an emergency to avoid a collision with a person or another vehicle.