[R.O. 1991 § 380.010; Ord. No. 2254-04 § 1, 3-16-2004]
As used in this Chapter, 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.
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.
The distance from the center of the lamp to the surface on
which the vehicle stands.
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.
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.
At any time from a one-half (1/2) hour after sunset to one-half
(1/2) 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. Lighted
lamps shall also be required any time the weather conditions require
usage of the motor vehicle's windshield wipers to operate the vehicle
in a careful and prudent manner as defined in Section 304.012, RSMo.
The provisions of this Section shall be interpreted to require lighted
lamps during periods of fog even if usage of the windshield wipers
is not necessary to operate the vehicle in a careful and prudent manner.
[R.O. 1991 § 380.020; 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.
[R.O. 1991 § 380.030; 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.
[R.O. 1991 § 380.040; 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.
[R.O. 1991 § 380.050; Ord. No. 2254-04 § 1, 3-16-2004]
A.
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:
1.
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.
2.
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.
[R.O. 1991 § 380.060; 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.
[R.O. 1991 § 380.070; Ord. No. 2254-04 § 1, 3-16-2004]
A.
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.
B.
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.
C.
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.
[R.O. 1991 § 380.080; 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.
[R.O. 1991 § 380.090; 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.
[R.O. 1991 § 380.100; 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.
[R.O. 1991 § 380.110; Ord. No. 2254-04 § 1, 3-16-2004]
Headlamps, when lighted, shall exhibit
lights substantially white in color; auxiliary lamps, cowl lamps 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.
[R.O. 1991 § 380.120; 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.
[R.O. 1991 § 380.130; 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.
[R.O. 1991 § 380.140; 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.
[R.O. 1991 § 380.150; 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 (1/2)
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-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 (1/2) 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.
[R.O. 1991 § 380.155; 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.
[R.O. 1991 § 380.160; Ord. No. 2254-04 § 1, 3-16-2004]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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 wheel type connection.
G.
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.
H.
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.
I.
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.
[R.O. 1991 § 380.170; Ord. No. 2254-04 § 1, 3-16-2004]
All motor vehicles and every trailer
and semitrailer 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
semitrailer as a result of wind pressure or air pressure and/or by
the movement of the vehicle, trailer or semitrailer 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 semitrailer while being transported or carried.
[R.O. 1991 § 380.180; Ord. No. 2254-04 § 1, 3-16-2004]
Trucks, semitrailers 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.
[R.O. 1991 § 380.190; Ord. No. 2254-04 § 1, 3-16-2004]
A.
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.
B.
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.
C.
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.
[R.O. 1991 § 380.200; Ord. No. 2254-04 § 1, 3-16-2004; Ord. No. 2526-07 § 1, 1-2-2007]
A.
CHILD BOOSTER SEAT
CHILD PASSENGER RESTRAINT SYSTEM
DRIVER
Definitions. As used in this Chapter, the
following terms shall have these prescribed meanings:
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 571.213, as amended, that is designed
to elevate a child to properly sit in a Federally approved safety
belt system.
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 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.
B.
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:
1.
Children less than four (4) years
of age, regardless of weight, shall be secured in a child passenger
restraint system appropriate for that child;
2.
Children weighing less than forty
(40) pounds, regardless of age, shall be secured in a child passenger
restraint system appropriate for that child;
3.
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;
4.
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;
5.
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;
6.
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.
|
C.
Any driver who violates Subsection (B)(1), (2) or (3) 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 Subsection (B)(4) 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 Subsection (B)(1), (2) or (3) 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.
D.
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.
E.
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.
[R.O. 1991 § 380.210; Ord. No. 2762-10 § 1, 8-10-2010]
A.
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.
B.
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.
