City of Plattsburg, MO
Clinton County
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Table of Contents
Table of Contents
Cross Reference — As to driving while intoxicated, see §§210.190210.220.
[Ord. No. 1244 §VI, 4-3-1989; RSMo. §300.300]
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm 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. 1244 §VI, 4-3-1989; RSMo. §300.305]
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. 1244 §VI, 4-3-1989; RSMo. §300.310]
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. 1244 §VI, 4-3-1989; RSMo. §300.315]
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. 1244 §VI, 4-3-1989; RSMo. §300.320]
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.
[Ord. No. 1244 §VI, 4-3-1989; RSMo. §300.325; Ord. No. 1748 §1, 7-13-2005]
A. 
Parade Permit Required. No funeral, processions or parades containing two hundred (200) or more persons or fifty (50) or more vehicles (except the Armed Forces of the United States, the military forces of this State or the forces of the Police, Sheriff or Fire Department shall occupy, march or proceed along any street except in accordance with a permit issued by the City and in accordance with other such regulations as are set forth herein.
B. 
Fee Exempt Events. There shall be no fee charged for funeral processions or for parades organized and administered by other units of local government with a permanent facility located within the City or by non-profit organizations with a permanent facility located within the City.
C. 
Verbal Permit Authorized. The Chief of Police is authorized to issue verbal approval in lieu of a written permit for the events and organizations described in Subsection (B) above.
D. 
Parade Fees Required. Parades or processions organized and administered by individuals or organizations other than those identified in Subsection (B) above may, at the discretion of the City Administrator, be charged a permit fee for the purpose of recovering any costs in excess of one hundred dollars ($100.00) that may be incurred by the City in providing public safety, public works, administrative or logistical support for such parade or procession. The City shall provide the organizer a written estimate of costs prior to the event and shall receive a payment equal to that written estimate prior to issuing a permit for such event.
E. 
Street Closures For Private Events. The City shall generally approve requests for the closure and use of streets, sidewalks and alley ways for private events under the following conditions:
1. 
No use shall by approved that causes a significant public safety danger nor shall any use be approved that results in undue hardship in the flow of traffic throughout the City.
2. 
Street closures in any area of the City other than the Central Business District shall not require the payment of any fee or deposit, however, an individual with a permanent address within the City limits must accept responsibility for returning the public area to its pre-event condition.
3. 
Street closures in the Central Business District shall require a one hundred dollar ($100.00) refundable deposit prior to the issuance of any permit. The deposit shall be refunded upon conclusion of the event and only when the area has been returned to its pre-event condition and if the event complied with all other conditions of approval. Street closures in the Central Business District may require one (1) or all of the following:
a. 
Dedicated safety/security staff at a ratio of one (1) dedicated security staff for every one hundred (100) people expected to attend the event. At least one (1) of the dedicated safety/security staff must be a POST certified officer currently employed by a public safety agency located in Clinton County.
b. 
Fencing or other physical barrier to contain the event area.
c. 
Traffic directional/detour signs and barriers around the event area.
d. 
Fencing, physical barriers and traffic barriers shall be placed only in locations approved by the Chief of Police.
e. 
Any alcohol use must have the prior approval of the Board of Aldermen.
f. 
When alcohol is present, the event must have a plan or method for preventing the service of alcohol to underage participants. The Chief of Police must approve such plan or method.
g. 
Adequate amount of trash receptacles and bathroom facilities and a plan to empty and remove receptacles and bathroom facilities.
h. 
A plan and method approved by the City to notify all property owners in the downtown business area at least forty-eight (48) hours prior to the event.
i. 
Any other public safety, law enforcement, traffic control and sanitation requirement that may be required by the City to reasonably protect public property and to ensure a safe and sanitary event.
[Ord. No. 1244 §VI, 4-3-1989; RSMo. §300.330]
The driver of a vehicle shall not drive within any sidewalk area except on a permanent or temporary driveway.
[Ord. No. 1244 §VI, 4-3-1989; RSMo. §300.335]
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. 1244 §VI, 4-3-1989; RSMo. §300.340]
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. 1244 §VI, 4-3-1989; RSMo. §300.345]
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. 1244 §VII (660.320), 4-3-1989]
Every person operating or riding as a passenger on any motorcycle upon any highway of this City shall wear protective headgear at all times the vehicle is in motion. The protective headgear shall meet reasonable standards and specifications established by the director.
[Ord. No. 1244 §VI, 4-3-1989; RSMo. §300.347]
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. 1244 §VII (660.400), 4-3-1989]
Every person riding a bicycle or a motorized bicycle upon a street or highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided by this Title, except as to special regulations in this Title and except as to those provisions of this Title which by their nature can have no application.
[Ord. No. 1244 §VII (660.410), 4-3-1989]
A. 
Every person operating a bicycle or motorized bicycle upon a street or highway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
B. 
Wherever a usable path for bicycles practical for sustained riding for transportation purposes has been officially designated adjacent to a street or highway, bicycle riders shall use such path and not use the street or highway.
[Ord. No. 1244 §VI, 4-3-1989; RSMo. §300.348; Ord. No. 1461 §1, 7-9-2001]
A. 
No person shall operate an all-terrain vehicle, as defined in Section 300.020, 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 304.001, 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 operator's or chauffeur's license, 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 years of age.
E. 
No operator of an all-terrain vehicle shall carry a passenger, except for agricultural purposes.
F. 
Every all-terrain vehicle operated within the City, except those used in competitive events, shall have the following equipment:
1. 
A lighted headlamp and taillamp which shall be in operation at any time in which an all-terrain vehicle is being used on any street or highway in this City pursuant to Section 304.013, RSMo.;
2. 
An equilateral triangular emblem, to be mounted on the rear of such vehicle at least two (2) feet above the roadway when such vehicle is operated upon any street or highway pursuant to Sections 300.348, RSMo., or 304.013, RSMo. The emblem shall be constructed of substantial material with a fluorescent yellow-orange finish and a reflective, red border at least one (1) inch in width. Each side of the emblem shall measure at least ten (10) inches;
3. 
A braking system maintained in good operating condition;
4. 
An adequate muffler system in good working condition, and a United States Forest Service qualified spark arrester.
G. 
A violation of this Section shall be a misdemeanor.
[Ord. No. 1244 §VI, 4-3-1989; RSMo. §300.350]
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.
[Ord. No. 1244 §VI, 4-3-1989; RSMo. §300.355]
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. 1244 §VI, 4-3-1989; RSMo. §300.365]
No vehicle shall at any time be driven through or within a safety zone.
[Ord. No. 1244 §VII (660.050), 4-3-1989]
No person shall drive or conduct any vehicle in such condition, so constructed or so loaded as to be likely to cause a delay in traffic, an accident or injury to man, beast or property.
[Ord. No. 1244 §VII (660.060), 4-3-1989]
No vehicle shall be driven in such manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling devices or other parts or by any improperly loaded cargo.
[Ord. No. 1244 §VII (660.080), 4-3-1989]
Every motor vehicle, trailer and semitrailer operating upon the City streets and alleys and carrying goods, materials, farm products, brush, tree limbs, hedge, paper, paper products, cans, garbage, trash, refuse or rubbish of any kind, nature or description which may reasonably be expected to become dislodged and fall from the vehicle, trailer or semitrailer as a result of wind pressure, air pressure 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 items or material can become dislodged and fall from the vehicle, trailer or semitrailer while being transported or carried.
[Ord. No. 1244 §VII (660.170), 4-3-1989; Ord. No. 1450 §1, 5-9-2001]
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, motortricycles 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 passengers of a passenger car manufactured after January 1, 1968, operated on a street, highway or alley of the City, and persons less than eighteen (18) years of age operating or riding in a truck (defined as a motor vehicle designed, used or maintained for the transportation of property) on a highway, street or alley of the City shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation and Safety requirements; except that a child less than four (4) years of age shall be protected as required in Section 340.200 of this Chapter. 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
D. 
Each driver who violates the provisions of Subsections (B) and (C) of this Section is guilty of an infraction for which a fine not to exceed ten dollars ($10.00) may be imposed. All other provisions of law and court rules to the contrary, no court costs shall be imposed on any person due to a violation of this Section.
E. 
If there are more persons than there are seat belts in the enclosed area of a motor vehicle, then the driver and passengers are not in violation of this Section.
[Ord. No. 1244 §VII (660.180-660.210), 4-3-1989]
A. 
Every person transporting a child under the age of four (4) years residing in this State shall be responsible, when transporting such child in a motor vehicle operated by that person on the streets or highways of this City, for providing for the protection of such child.
B. 
Any person who violates this Section may be punished by a fine of not more than twenty-five dollars ($25.00) and court costs.
C. 
The protection of a child required by this Section shall be performed by the following:
1. 
When traveling in the front seat of a motor vehicle a child shall be protected by a child passenger restraint system approved by the State Department of Public Safety.
2. 
When traveling in the rear seat of a motor vehicle a child shall be protected the same as provided in Subsection (1) of this Section or by the vehicle's seat belt.
3. 
When the number of child passengers exceeds the number of available passenger positions and all passenger positions are in use, remaining children shall be transported in the rear seat of the motor vehicle.
D. 
The provisions of this Section shall not apply to motor vehicles registered in another State, to a temporary substitute vehicle or to any public carrier for hire.
E. 
In no event shall failure to employ a child passenger restraint system required by this Section provide the basis for a claim of criminal or civil liability or negligence or contributory negligence of any person in any action and for damages by reason of injury sustained by a child, nor shall such failure be admissible as evidence in the trial of any civil or criminal action.
[Ord. No. 1244 §VII (660.230), 4-3-1989]
Every person operating a motor vehicle on the public highways, roads, streets or alleys of the City shall operate or drive the same in a careful and prudent manner and shall exercise the highest degree of care at a rate of speed so as not to endanger the property of another or the life or limb of any person. A driver or operator of a motor vehicle shall take into consideration the time of day, the amount of vehicular and pedestrian traffic, the condition of the street or highway, the atmospheric condition and the location with reference to intersecting streets or highways, curves, residences or schools. Any person failing to operate a motor vehicle in such a manner shall be deemed guilty of careless and reckless driving.
[Ord. No. 1244 §VII (660.240), 4-3-1989]
A. 
No person shall operate a motor vehicle or bicycle upon a parking lot or into a parking lot carelessly and imprudently in a willful or wanton disregard of the rights and safety of others and without due caution and care in a speed or in a manner so as to endanger any person or property.
B. 
The term "parking lot" as used in this Section shall mean any building or parcel of land regularly used, in whole or in part, for the storing or parking of more than five (5) motor vehicles and which is opened to the general public, including, but not limited to "drive-in facilities", commercial courtesy lots and lots at which a fee is charged. The term "parking lot" shall not include lots owned by a person and operated for the exclusive use of such person or his employees.
[Ord. No. 1244 §VII (660.250), 4-3-1989]
No person shall operate a motor vehicle by entering the premises of any building and using such premises for a short cut to another street.
[Ord. No. 1244 §VII (660.300), 4-3-1989]
The driver of a vehicle shall not follow another vehicle more closely than is reasonably safe and prudent, having 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 residential 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 vehicle in safety. This Section shall in no manner affect RSMo. Section 304.044, relating to distance between trucks traveling on the highway.
[Ord. No. 1244 §VII (660.330), 4-3-1989]
A. 
The driver of a vehicle upon any street or highway within the City, upon meeting or overtaking from either direction any school bus which has stopped on the street or 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 such vehicle before reaching such school bus and shall not proceed until such school bus resumes motion or until signalled by its driver to proceed.
B. 
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, 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.
[Ord. No. 1244 §VII (660.340), 4-3-1989]
Every bus used for the transportation of school children shall bear on the front and rear of the bus a plainly visible sign containing the words "school bus" in letters not less than eight (8) inches in height. Each such bus shall have lettered on the rear in plain and distinct type the following: "State Law: Stop while bus is loading and unloading." Each such school bus 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 of the bus indicating an intention to stop.
[Ord. No. 1244 §VII (660.360), 4-3-1989]
No vehicle shall be left standing on any street with the vehicle's machinery in motion unless some person is left in charge of such vehicle.
[Ord. No. 1244 §VII (660.270), 4-3-1989]
A. 
Upon all public roads or highways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
1. 
When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement.
2. 
When placing a vehicle in position for and when such vehicle is lawfully making a left turn in compliance with the provisions of this Title.
3. 
When the right half of a roadway is closed to traffic while under construction or repair.
4. 
Upon a roadway designated by ordinance as a one-way street and marked or signed for one-way traffic.
[Ord. No. 1244 §VII (660.280), 4-3-1989]
An operator or driver meeting another vehicle coming from the opposite direction on the same street shall turn to the right of the center of the street so as to pass without interference.
[Ord. No. 1244 §VII (660.310), 4-3-1989]
A. 
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the following limitations and exceptions:
1. 
An operator or driver overtaking and desiring to pass a vehicle shall sound a horn before starting to pass.
2. 
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.
3. 
Except when overtaking another vehicle, passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his 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 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. 
When such movement described in Subsections (B)(1)-(3) of this Section may be made in safety, but in no event shall such movement be made by driving off the paved or main-traveled portion of the roadway.
5. 
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 if 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. 1244 §VII (660.290), 4-3-1989]
A. 
No person shall stop or suddenly decrease the speed of or turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety and then only after giving an appropriate signal in the following manner:
1. 
An operator or driver when stopping or when checking the speed of his vehicle, if the movement of other vehicles may be reasonably affected by such checking of speed, shall extend his arm at an angle below horizontal so that his arm may be seen from the rear of his vehicle.
2. 
An operator or driver intending to turn his vehicle to the right shall extend his arm at an angle above horizontal so that his arm may be seen from the front and from the rear of his vehicle, and the operator or driver shall slow down and approach the intersecting highway as near as practicable to the right side of the highway along which he is proceeding before turning.
3. 
An operator or driver intending to turn his vehicle to the left shall extend his arm in a horizontal position so that his arm may be seen from the rear of his vehicle, the operator or driver shall slow down and approach the intersecting highway so that the left side of his vehicle shall be as near as practicable to the centerline of the highway along which he is proceeding before turning.
4. 
The signals required in this Subsection shall be given either by means of the hand and arm or by a signal light or signal device in good mechanical condition of a type approved by the State Highway Patrol. When a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle, then such signals shall be given by the light or device. A vehicle shall be considered as so constructed or loaded that a hand and arm signal would not be visible both to the front and rear when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load exceeds twenty-four (24) inches or when the distance from the center of the top of the steering post to the rear limit of the body or load thereon exceeds fourteen (14) feet, which limit of fourteen (14) feet shall apply to single vehicles or combinations of vehicles.
B. 
The provisions of this Section shall not apply to any trailer which does not interfere with a clear view of the hand signals of the operator or of the signaling device upon the vehicle pulling said trailer. The provisions of this Section, as far as mechanical devices on vehicles so constructed that a hand and arm signal would not be visible both to the front and rear of such vehicle as provided in this Section, shall only be applicable to new vehicles registered within this State after January 1, 1954.
[Ord. No. 1244 §VII (660.030), 4-3-1989]
No person shall drive, operate, use, tamper with or trespass upon any motor vehicle or trailer without the permission of the owner.
[1]
Editor's Note — Ord. no. 1466 §1, adopted July 9, 2001, repealed §340.330. Former §340.330 derived from ord. no. 1244 §VII (660.020), 4-3-89. This section has been reserved for the city's future use.