City of Plattsburg, MO
Clinton County
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Table of Contents
Table of Contents

Section 390.010 Operation of Motor Vehicle Without Proper License Prohibited, Penalty — Motorcycles — Special License — Protective Headgear, Failure to Wear, Fine, Amount.

[Ord. No. 1297, 11-2-1992; RSMo. §302.020; Ord. No. 1462 §1, 7-9-2001]
A. 
Unless otherwise provided for by law, it shall be unlawful for any person, except those expressly exempted by Section 302.080, RSMo., to:
1. 
Operate any vehicle upon any highway, road, street or alley of the City unless the person has in his or her possession a valid operator's license;
2. 
Operate a motorcycle or motortricycle upon any highway, road, street or alley of the City unless such person has a valid license that shows the person has successfully passed an examination for the operation of a motorcycle or motortricycle as prescribed by the Missouri Director of Revenue;
3. 
Authorize or knowingly permit a motorcycle or motortricycle owned by such person or under such person's control to be driven upon any highway by any person whose license does not indicate that the person has passed the examination for the operation of a motorcycle or motortricycle or has been issued an instruction permit therefor;
4. 
Operate a motor vehicle with an instruction permit or license issued to another person.
B. 
Every person operating or riding as a passenger on any motorcycle or motortricycle, as defined in Section 301.010, RSMo., upon any highway, road, street or alley of the 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 Missouri Director of Revenue.
C. 
Notwithstanding the provisions of Section 302.340, RSMo., any person convicted of violating Subdivision (1) or (2) of Subsection (A) of this Section is guilty of an offense. A person operating a motor vehicle in violation of this Section who has an otherwise valid but expired operator's license shall be fined an amount not to exceed sixty dollars ($60.00), exclusive of court costs. A person operating a motor vehicle in violation of this Section, who has, on the date of the offense, but fails to produce for inspection, a valid operator's license, shall be fined an amount not to exceed fifty dollars ($50.00), exclusive of court costs. Any person who may be convicted a third (3rd) or subsequent time of violating Subdivision (1) or (2) of Subsection (A) of this Section may also be guilty of a Class D felony under Section 302.020, RSMo., and prosecution therefor shall be deferred to the State. Notwithstanding the provisions of Section 302.340, RSMo., violation of Subdivisions (3) and (4) of Subsection (A) of this Section is an offense, and the penalty for failure to wear protective headgear as required by Subsection (B) of this Section is an infraction for which a fine not to exceed twenty-five dollars ($25.00) may be imposed. Notwithstanding all other provisions of law and court rules to the contrary, no court costs shall be imposed upon any person due to such violation for failure to wear such protective headgear.

Section 390.020 State Registration and Licensing of Motor Vehicles. [1]

[Ord. No. 1244 §VII (660.010), 4-3-1989; Ord. No. 1694 §1, 8-18-2004]
No person who is a resident of this State shall operate or park a motor vehicle upon the highways, roads, streets or alleys of the City, unless such motor vehicle has been properly registered with the Director of Revenue, displays a valid license plate or temporary permit issued by the Director of Revenue and is in compliance with all Statutes of the State set forth in Chapter 301, RSMo., pertaining to motor vehicles.
[1]
Editor's Note — Ord. no. 1402, adopted on March 13, 2000, repealed sections 390.010 — 390.070 enacting the new provisions set out herein. Former sections 390.010 — 390.070 derived from R.O. 1966 §§430.030, 430.050 — 430.060, 430.080; ord no. 1124 §§1 — 4, 2-15-1977; ord. no. 1159 §7, 3-11-1980 and ord. no. 1327 §§1 — 2. 3-6-1995.

Section 390.025 Municipal Vehicle License Fee.

[Ord. No. 1441 §2, 2-13-2001; Ord. No. 1958 §1, 1-14-2009]
A. 
Every resident of the City who is the owner of a motor vehicle on January first (1st) shall, for each vehicle so owned, procure a use license therefore. The fee to be assessed for each such license shall be in the amount of five dollars ($5.00), regardless of the horsepower, classification, purpose or use of the vehicle.
B. 
The term "motor vehicle", as used herein, shall be defined as any self-propelled vehicle designed or intended for operation on a public roadway, having an assessed valuation for Clinton County personal property tax purposes in excess of one dollar ($1.00). Tractors and motorized farm equipment shall not be included within the definition of a motor vehicle.
C. 
The term "owner", as used herein, shall be defined as any resident of the City designated on the personal property tax record of Clinton County, Missouri, as the owner, title holder or lessee of any motor vehicle and shall further include any resident having exclusive use and possession for a period of more than sixty (60) days of a motor vehicle owned by a non-resident.

Section 390.030 Driving While License or Driving Privilege Is Canceled, Suspended or Revoked, Penalty.

[Ord. No. 1463 §§1 — 2, 7-9-2001]
A. 
A person commits the offense of driving while revoked if he operates a motor vehicle on a highway, roadway, street or alley of the City when his license or driving privilege has been canceled, suspended or revoked under the laws of this State and acts with criminal negligence with respect to knowledge of the fact that his driving privilege has been canceled, suspended or revoked.
B. 
Any resident or non-resident whose license, right or privilege to operate a motor vehicle in this State has been suspended or revoked as provided in Sections 302.010 to 302.540, RSMo., shall not operate a motor vehicle on a highway, roadway, street or alley in this City under a license, permit or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under Sections 302.010 to 302.540, RSMo. Any person in knowing violation of this Subsection commits the offense of driving while revoked.
C. 
Each day's violation of or failure, refusal or neglect to comply with any provision of this Section and/or Sections 302.010 to 302.540, RSMo., shall constitute a separate and distinct offense.
D. 
Any person convicted of driving while revoked is guilty of an offense.
E. 
Any person with no prior alcohol-related enforcement contacts as defined in Section 302.525, RSMo., who is charged with a violation of this Section and may be convicted a fourth (4th) or subsequent time of driving while revoked and any person with a prior alcohol-related enforcement contact as defined in Section 302.525, RSMo., charged under this Section, who may be convicted a third (3rd) or subsequent time of driving while revoked may also be guilty of a Class D felony. Prosecution of all such persons shall be deferred to the State.

Section 390.040 Prohibited Uses of License. [1]

[Ord. No. 1464 §§1 — 2, 7-9-2001]
It shall be an offense for any person to display or to permit to be displayed, or to have in his possession, any license knowing the same to be fictitious or to have been canceled, suspended, revoked, disqualified or altered; to lend to or knowingly permit the use of by another any license issued to the person so lending or permitting the use thereof; to display or to represent as one's own any license not issued to the person so displaying the same, or to fail or refuse to surrender to the clerk of any division of the circuit court or the Missouri Director of Revenue, any license which has been suspended, canceled, disqualified or revoked, as provided by law; to use a false or fictitious name or give a false or fictitious address on any application for a license, or any renewal or duplicate thereof, or knowingly to make a false statement, or knowingly to conceal a material fact, or otherwise commit a fraud in any such application; to authorize or consent to any motor vehicle owned by him or under his control to be driven by any person, when he has knowledge that such person has no legal right to do so, or for any person to drive any motor vehicle in violation of any of the provisions of Sections 302.010 to 302.780, RSMo.; to employ a person to operate a motor vehicle in the transportation of persons or property, with knowledge that such person has not complied with the provisions of Sections 302.010 to 302.780, RSMo., or whose license has been revoked, suspended, canceled or disqualified; or who fails to produce his or her license upon demand of any person or persons, including any Police Officer of the City, authorized to make such demand.
[1]
Editor's Note — Ord. no. 1464 §§1 — 2, adopted on July 9, 2001, repealed §390.040 and enacted new provisions set out herein. Former §390.040 derived from ord. no. 1402 §1, 3-13-2000 and ord. no. 1441 §§1 — 2, 2-13-2001.

Section 390.050 Duty to Maintain Financial Responsibility, Penalty for Failure to Maintain — Exception — Display of False Evidence of Insurance, Penalty, Confiscation of False Evidence. [1]

[Ord. No. 1465 §§1 — 2, 7-9-2001]
A. 
No owner of a motor vehicle registered in this State, or required to be registered in this State, shall operate or permit another person to operate such vehicle on the highways, roadways, streets or alleys of the City, unless the owner maintains the financial responsibility which conforms to the requirements of the laws of this State. Furthermore, no person shall operate a motor vehicle owned by another with the knowledge that the owner has not maintained financial responsibility, unless such person has financial responsibility which covers the person's operation of the other's vehicle; however, no owner shall be in violation of this Subsection if he or she fails to maintain financial responsibility on a motor vehicle which is inoperable or being stored and not in operation.
B. 
A motor vehicle owner shall maintain the owner's financial responsibility in a manner provided for in Section 303.160, RSMo., or with a motor vehicle liability policy which conforms to the requirements of the laws of this State.
C. 
Any person who violates Subsections (A) and/or (B) of this Section is guilty of an offense. However, no person shall be found guilty of violating those Subsections if the operator demonstrates to the Court that he or she met the financial responsibility requirements of this Section at the time the Peace Officer, commercial vehicle enforcement officer or commercial vehicle inspector wrote the citation. In addition to any other authorized punishment, the court shall notify the Director of Revenue of any person convicted pursuant to this Section and shall do one (1) of the following:
1. 
Forward the record of the conviction for an assessment of four (4) points; or
2. 
In lieu of an assessment of points, render an order of supervision as provided in Section 302.303, RSMo. An order of supervision shall not be used in lieu of points more than one (1) time in any thirty-six (36) month period. The Municipal Court shall forward a record of conviction or the order of supervision to the Missouri Department of Revenue within ten (10) days.
D. 
No person shall display evidence of insurance to a City Police Officer knowing there is no valid liability insurance in effect on the motor vehicle as required pursuant to this Section, or Missouri Statute, or knowing the evidence of insurance is illegally altered, counterfeit or otherwise invalid as evidence of insurance. If the Law Enforcement Officer issues a citation to a motor vehicle operator for displaying invalid evidence of insurance, the officer shall confiscate the evidence for presentation in court. Any person convicted of violating this Subsection is guilty of an offense, punishable by a fine not to exceed five hundred dollars ($500.00), exclusive of court costs, or imprisonment for not more than six (6) months.
[1]
Editor's Note — Ord. no. 1465 §§1 — 2, adopted on July 9, 2001, repealed §390.050 and enacted new provisions set out herein. Former §390.050 derived from ord. no. 1402 §1, 3-13-2000 and ord. no. 1441 §§1 — 2, 2-13-2001.

Section 390.060 Minimum Age of Motor Vehicle Operator, Children Forbidden to Operate Motor Vehicle, Unlicensed Person Prohibited From Operating Motor Vehicle, Exceptions for Operation Under and in Compliance With Temporary Instruction Permit and/or Intermediate Driver's License, Penalty.

[Ord. No. 1466 §2, 7-9-2001]
A. 
It shall be unlawful for any person under the age of eighteen (18) years to operate a motor vehicle on the highways, roadways, streets or alleys of the City.
B. 
No person shall cause or knowingly permit his child or ward under the age of eighteen (18) years to drive a motor vehicle upon any highway, roadway, street or alley of the City when such child or ward is not authorized hereunder or is in violation of any of the provisions of Section 302.010 to 302.260, RSMo.
C. 
No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway, roadway, street or alley of the City by any person who is not authorized hereunder, or is in violation of any of the provisions of Sections 302.010 to 302.260, RSMo.
D. 
Exception — Operation Under And In Compliance With The Requirements Of A Temporary Instruction Permit Issued Pursuant To Section 302.130, RSMo.
1. 
Any person at least fifteen (15) years of age who, except for age or lack of instruction in operating a motor vehicle, would otherwise be qualified to obtain a license pursuant to Sections 302.010 to 302.340, RSMo., may apply for and the Director shall issue a temporary instruction permit entitling the applicant, while having such permit in the applicant's immediate possession, to drive a motor vehicle of the appropriate class upon the highways for a period of twelve (12) months, but any such person, except when operating a motorcycle or motortricycle, must be accompanied by a licensed operator for the type of motor vehicle being operated who is actually occupying a seat beside the driver for the purpose of giving instruction in driving the motor vehicle, who is at least twenty-one (21) years of age, and in the case of any driver under sixteen (16) years of age, the licensed operator occupying the seat beside the driver shall be a grandparent, parent or guardian who has a valid driver's license.
2. 
In the event the parent, grandparent or guardian of the person under sixteen (16) years of age has a physical disability which prohibits or disqualifies said parent, grandparent or guardian from being a qualified licensed operator pursuant to this Section, said parent, grandparent or guardian may designate a maximum of two (2) individuals authorized to accompany the applicant for the purpose of giving instruction in driving the motor vehicle. An authorized designee must be a licensed operator for the type of motor vehicle being operated and have attained twenty-one (21) years of age. At least one (1) of the designees must occupy the seat beside the applicant while giving instruction in driving the motor vehicle. The name of each authorized designee shall be printed on the temporary instruction permit, however, the Missouri Director of Revenue may delay the time at which permits are printed bearing such names until the inventories of blank permits and related forms existing on August 28, 1998, are exhausted.
3. 
The Missouri Director of Revenue, upon proper application on a form prescribed by the Director, in his or her discretion, may issue a restricted instruction permit effective for a school year or more restricted period to an applicant who is enrolled in a high school driver training program taught by a driver training instructor holding a valid driver education endorsement on a teaching certificate issued by the State Department of Elementary and Secondary Education even though the applicant has not reached the age of sixteen (16) years but has passed the age of fifteen (15) years. Such instruction permit shall entitle the applicant, when the applicant has such permit in his or her immediate possession, to operate a motor vehicle on the highways, but only when a driver training instructor holding a valid driver education endorsement on a teaching certificate issued by the State Department of Elementary and Secondary Education is occupying a seat beside the driver.
4. 
The Missouri Director of Revenue, in his or her discretion, may issue a temporary driver's permit to an applicant who is otherwise qualified for a license permitting the applicant to operate a motor vehicle while the Director is completing the Director's investigation and determination of all facts relative to such applicant's rights to receive a license. Such permit must be in the applicant's immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused.
E. 
Exception — Operation Under And In Compliance With The Requirements Of An Intermediate Driver's License Issued Pursuant To Section 302.178, RSMo.
1. 
Beginning January 1, 2001, any person between the ages of sixteen (16) and eighteen (18) years who is qualified to obtain a license pursuant to Sections 302.010 to 302.340, RSMo., may apply for, and the Missouri Director of Revenue shall issue, an intermediate driver's license entitling the applicant, while having such license in his or her possession, to operate a motor vehicle of the appropriate class upon the highways of this State in conjunction with the requirements of this Section.
2. 
No operator holding an intermediate driver's license shall operate a motor vehicle on the highways, roadways, streets or alleys of the City under such an intermediate driver's license between the hours of 1:00 A.M. and 5:00 A.M., unless accompanied by a person described in Subsection (D) above; except the licensee may operate a motor vehicle without being accompanied if the travel is to or from a school or educational program or activity, a regular place of employment, or in emergency situations as defined by the Missouri Director of Revenue by regulation.
3. 
Each intermediate driver's license shall be restricted by requiring that the driver and all passengers in the licensee's vehicle wear safety belts at all times. This safety belt restriction shall not apply to a person operating a motorcycle.
F. 
Any person operating or permitting the operation of a motor vehicle in violation of this Section shall be guilty of an offense, punishable by a fine not to exceed two hundred fifty dollars ($250.00), exclusive of court costs, or by imprisonment for a period not to exceed three (3) months, or both.