[Ord. No. 315, §1; Ord. No. 414, §1]
Every person operating a motor vehicle on, upon or over any
public street or thoroughfare within the city shall drive and operate
the same in a careful and prudent manner and in the exercise of the
highest degree of care, and at a rate of speed so as not to endanger
the property of another, or the life or limb of any person.
[Ord. No. 1036 §§1 — 2, 10-6-1992; Ord. No. 1138 §§1-2, 11-15-1994; Ord. No. 1552 §§1-4, 9-4-2001]
(a)
It shall be unlawful for any person to operate a motor vehicle while
in an intoxicated condition or while under the influence of intoxicants
or drugs.
(b)
Definitions.
(1)
As used in this chapter, the term "drive", "driving",
"operates" or "operating" means physically
driving or operating or being in actual physical control of a motor
vehicle.
(a)
As used in this chapter, a person is in an "intoxicated
condition" when he is under the influence of alcohol, a controlled
substance, or drug, or combination thereof.
(b)
As used in this chapter, the term "law and enforcement
officer" or "arresting officer" includes
the definition of law enforcement officer in subdivision (17) of Section
556.061, RSMo., and military policemen conducting traffic enforcement
operations on a federal military installation under military jurisdiction
in the State of Missouri.
(2)
Driving while intoxicated. A person commits
the crime of "driving while intoxicated" if he operates
a motor vehicle while in an intoxicated or drugged condition.
(a)
Driving while intoxicated is for the first offense, a class
B misdemeanor. No person convicted of or pleading guilty to the offense
of driving while intoxicated shall be granted a suspended imposition
of sentence for such offense, unless such person shall be placed on
probation for a minimum of two (2) years.
(3)
Driving with excessive blood alcohol content. A person commits the crime of "driving with excessive blood
alcohol content" if he operates a motor vehicle in this State
with eight-hundredths of one percent (.08%) or more by weight of alcohol
in his blood.
(a)
As used in this chapter, percent by weight of alcohol in the
blood shall be based upon grams of alcohol per one hundred (100) milliliters
of blood and may be shown by chemical analysis of the person's blood,
breath, saliva or urine. For the purposes of determining the alcoholic
content of a person's blood under this Section, the test shall be
conducted in accordance with the provisions of Sections 577.020 to
577.041, RSMo.
(b)
For the first offense, driving with excessive blood alcohol
content is a Class B Misdemeanor.
(4)
Chemical tests for alcohol content of blood —
consent implied — administered, when, how. Any person
who operates a motor vehicle upon the public highways of this State
or municipal roadways of this City shall be deemed to have given consent
to, subject to the provisions of Sections 577.020 to 577.041, RSMo.,
a chemical test or tests of his breath, blood, saliva or urine for
the purpose of determining the alcohol or drug content of his blood
if arrested for any offense arising out of acts which the arresting
officer had reasonable grounds to believe were committed while the
person was driving a motor vehicle while in an intoxicated or drugged
condition. The test shall be administered at the direction of the
arresting law enforcement officer whenever the person has been arrested
for the offense.
(a)
The implied consent to submit to the chemical tests listed in Subsection (4) above of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.
(b)
Chemical analysis of the person's breath, blood, saliva, or
urine to be considered valid under the provisions of Sections 577.020
to 577.041, RSMo., shall be performed according to methods approved
by the State Division of Health by licensed medical personnel or by
a person possessing a valid permit issued by the State Division of
Health for this purpose.
(c)
The State Division of Health shall approve satisfactory techniques,
devices, equipment, or methods to be considered valid under the provisions
of Sections 577.020 to 577.041, RSMo., and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Division of Health.
(d)
The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person of his own choosing
and at his expense administer a test in addition to any administered
at the direction of a law enforcement officer. The failure or inability
to obtain an additional test by a person shall not preclude the admission
of evidence relating to the test taken at the direction of a law enforcement
officer.
(e)
Upon the request of the person who is tested, full information
concerning the test shall be made available to him.
(5)
Chemical tests, how made, by whom, when-person tested
to receive certain information, when. A licensed physician,
registered nurse, or trained medical technician at the place of his
employment, acting at the request and direction of the law enforcement
officer, shall withdraw blood for the purpose of determining the alcohol
content of the blood, unless such medical personnel, in his good faith
medical judgment, believes such procedure would endanger the life
or health of the person in custody. Blood may be withdrawn only by
such medical personnel, but such restriction shall not apply to the
taking of a breath test, a saliva specimen, or a urine specimen. In
withdrawing blood for the purpose of determining the alcohol content
thereof, only a previously unused and sterile needle and sterile vessel
shall be utilized and the withdrawal shall otherwise be in strict
accord with accepted medical practices. A non-alcoholic antiseptic
shall be used for cleansing the skin prior to venipuncture. Upon the
request of the person who is tested, full information concerning the
test taken at the direction of the law enforcement officer shall be
made available to him.
(6)
Persons administering tests not liable, when. No person who administers any test pursuant to the provisions of
Sections 577.020 to 577.041, RSMo., upon the request of a law enforcement
officer, no hospital in or with which such person is employed or is
otherwise associated or in which such test is administered, and no
other person, firm, or corporation by whom or with which such person
is employed or is in any way associated, shall be civilly liable in
damages to the person tested unless for gross negligence or by willful
or wanton act or omission.
(7)
Inability of person to be tested to refuse, effect. Any person who is dead, unconscious or who is otherwise in a condition
rendering him incapable of refusing to take a test as provided in
Sections 577.020 to 577.041, RSMo., shall be deemed not to have withdrawn
the consent provided by Section 577.020, RSMo., and the test or tests
may be administered.
(8)
Chemical tests, results admitted into evidence, when,
effect of. Upon the trial of any person for violation of
any of the provisions of Sections 577.005, 577.008, 577.010, or 577.012,
RSMo., or upon the trial of any criminal action or violations of County
or municipal ordinances arising out of acts alleged to have been committed
by any person while driving a motor vehicle while in an intoxicated
condition, the amount of alcohol in the person's blood at the time
of the act alleged as shown by any chemical analysis of the person's
blood, breath, saliva or urine is admissible in evidence and the provisions
of Subdivision (5) of Section 491.060, RSMo., shall not prevent the
admissibility or introduction of such evidence if otherwise admissible.
If there was eight-hundredths of one percent (.08%) or more by weight
of alcohol in the person's blood, this shall be prima facie evidence
that the person was intoxicated at the time the specimen was taken.
(a)
Percent by weight of alcohol in the blood shall be based upon
grams of alcohol per one hundred (100) milliliters of blood.
(b)
The foregoing provisions of this section shall not be construed
as limiting the introduction of any other competent evidence bearing
upon the question whether the person was intoxicated.
(c)
A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection (1) of this Section, shall have been performed as provided in Sections 577.020 to 577.041, RSMo., and in accordance with methods and standards approved by the State Division of Health.
(d)
Any charge alleging a violation of Sections 577.010 or 577.012,
RSMo., or any County or municipal ordinance prohibiting driving while
intoxicated or driving under the influence of alcohol shall be dismissed
with prejudice if a chemical analysis of the defendant's breath, blood,
saliva or urine performed in accordance with Sections 577.020 to 577.041,
RSMo., and rules promulgated thereunder by the State Division of Health
demonstrate that there was less than eight-hundredths of one percent
(.08%) of alcohol in the defendant's blood unless one (1) or more
of the following considerations cause the court to find a dismissal
unwarranted:
(1)
There is evidence that the chemical analysis is
unreliable as evidence of the defendant's intoxication at the time
of the alleged violation due to the lapse of time between the alleged
violation and the obtaining of the specimen;
(2)
There is evidence that the defendant was under
the influence of a controlled substance, or drug, or a combination
of either or both with or without alcohol; or
(3)
There is substantial evidence of intoxication from
physical observations of witnesses or admissions of the defendant.
(9)
Arrest without warrant, lawful, when. An arrest
with a warrant by a law enforcement officer, including a uniformed
member of the State Highway Patrol, for a violation of Section 577.010
or 577.012, RSMo., is lawful whenever the arresting officer has reasonable
grounds to believe that the person to be arrested has violated the
Section, whether or not the violation occurred in the presence of
the arresting officer; provided, however, that any such arrest without
warrant must be made within one and one-half (1½) hours after
such claimed violation occurred.
(c)
It shall be unlawful for any person to knowingly permit any person
under the influence of intoxicating liquor or drugs to drive his or
her motor vehicle.
(d)
Refusal to submit to chemical test — revocation of
license-hearing.
(1)
If a person under arrest refuses upon the request of the arresting
officer to submit to a chemical test, which request shall include
the reasons of the officer for requesting the person to submit to
a test and which also shall inform the person that his license may
be revoked upon his refusal to take the test, then none shall be given.
In this event, the arresting officer, if he so believes, shall make
a sworn report to the Director of Revenue that he has reasonable grounds
to believe that the arrested person was driving a motor vehicle while
in an intoxicated condition and that, on his request, refused to submit
to the test. Upon receipt of the officer's report, the director shall
revoke the license of the person refusing to take the test for a period
of one (1) year, or if the person arrested be a nonresident, his operating
permit or privilege shall be revoked for one (1) year; or if the person
is a resident without a license or permit to operate a motor vehicle
in this State, an order shall be issued denying the person the issuance
of a license or permit for a period of one (1) year.
(a)
If a person's license has been revoked because of his refusal
to submit to a chemical test, he may request a hearing before a court
of record in the County in which he resides or in the County in which
the arrest occurred. Upon his request the clerk of the court shall
notify the prosecuting attorney of the County and the prosecutor shall
appear at the hearing on behalf of the arresting officer. At the hearing
the judge shall determine only:
(b)
If the judge determines any issue not to be in the affirmative,
he shall order the director to reinstate the license or permit to
drive.
(c)
Requests for review as herein provided shall go to the head
of the docket of the court wherein filed.
(2)
If a person, when requested to submit to any test, requests
to speak to an attorney, he should be granted twenty (20) minutes
in which to attempt to contact an attorney. If upon the completion
of the twenty (20) minute period, the person continues to refuse to
submit to any test, it shall be deemed a refusal. In this event the
arrest officer, if he so believes, shall make a sworn report to the
Director of Revenue that he has reasonable grounds to believe that
the person was driving a motor vehicle while in an intoxicated condition
and that, on his request, refused to submit to the test.
(e)
A law enforcement officer who arrests any person for a violation
of this section or for a violation of any state or county ordinance
prohibiting driving while intoxicated or a county or municipal alcohol
related traffic offense, and in which the alcohol concentration in
the person's blood or breath was eight-hundredths of one percent (.08%)
or more by weight, shall forward to the Department of Revenue a verified
report of all information relevant to the Department of Revenue, including
information which adequately identifies the arrested person, a statement
of the officer's grounds for belief that the person violated any ordinance
prohibiting driving while intoxicated or a county or municipal alcohol
related traffic offense, a report of the results of any chemical tests
which were conducted, and a copy of the citation and complaint filed
with the court. The report shall be made on forms supplied by the
Department of Revenue or in a manner specified by regulations of the
department.
(f)
Whenever the chemical test results are available to a law enforcement
officer while the arrested person is still in custody, and when the
results show an alcohol concentration of eight-hundredths of one percent
(.08%) or more by weight of alcohol in his blood, the officer, acting
on behalf of the department, shall serve the notice of suspension
or revocation of the Department of Revenue personally on the arrested
person.
(g)
When the law enforcement officer serves the notice of suspension
or revocation, the officer shall take possession of any driver's license
issued by the State of Missouri which is held by the person. When
the officer takes possession of a valid driver's license issued by
the State of Missouri, the officer, acting on behalf of the Department
of Revenue, shall issue a temporary permit which is valid for fifteen
days after its date of issuance and shall also give the person arrested
a notice which shall inform him of his rights and responsibilities
under sections 302.500 to 302.540, RSMo. The notice shall be in such
a form so that the arrested person may sign the original as evidence
of his receipt thereof. The notice shall also contain a detachable
form permitting the arrested person to request a hearing. Signing
the hearing request form and mailing such request to the Department
of Revenue shall constitute a formal application for hearing.
(h)
A copy of the completed notice of suspension or revocation form, a copy of any completed temporary permit form, a copy of the Notice of Rights and Responsibilities given to the arrested person including any requests for hearing, and any driver's license taken into possession under this section shall be forwarded to the Department of Revenue by the officer along with the report as required in Subsection (d) hereof.
(i)
Upon a plea of guilty (whether followed by sentence, parole or suspended
imposition of sentence, or any combination thereof), finding of guilt
or conviction for an offense violating the provisions of this section
the court may, in addition to imposition of any penalties provided
by law, order the person to reimburse the state or local law enforcement
authorities for the costs associated with such an arrest. Such costs
shall include the reasonable costs of making the arrest, including
the cost of any chemical test made under this chapter to determine
the alcohol or drug content of the person's blood, and the costs of
processing, charging, booking, and holding such a person in custody.
Law enforcement authorities may establish a schedule of such costs
for submission to the court; however, the court may order the costs
reduced if it determines that the costs are excessive. These fees
shall be calculated as additional costs by the municipal court and
shall be collected by the court in the same manner as other costs
and fees are collected and remitted to the City Treasurer. The City
Treasurer shall retain these fees in the city's General Fund.
[Ord. No. 1036 §3, 10-6-1992]
(a)
INTOXICATED RELATED TRAFFIC OFFENSE
PERSISTENT OFFENDER
PRIOR OFFENDER
For purposes of this section, unless the context clearly indicates
otherwise the following words shall have the meanings set out below:
Includes driving while intoxicated, driving with excessive
blood alcohol content, or driving under the influence of alcohol or
drugs in violation of state law or county or municipal ordinance,
where the judge in such case was an attorney and the defendant was
represented by or waived the right to an attorney in writing. A violation
for driving while intoxicated or a conviction or a plea of guilty
or a finding of guilty followed by a suspended imposition of sentence,
suspended execution of sentence, probation or parole or any combination
thereof in any court shall be treated as an intoxicated related traffic
offense.
One who has pled guilty to or has been found guilty of two
(2) or more intoxicated related traffic offenses committed at different
times within ten (10) years of a previous intoxicated related traffic
offense conviction; and
One who has pled guilty to or has been found guilty of an
intoxicated related traffic offense within five (5) years of previous
intoxicated related traffic offense conviction.
(b)
Any person who pleads guilty or is found guilty of a violation
of state law, county or municipal ordinance who is alleged and proved
to be a prior offender shall be guilty of a class A misdemeanor.
(c)
Any person who pleads guilty to or is found guilty of a violation
of state law, county or municipal ordinance who is alleged and proved
to be a persistent offender shall be guilty of a Class D felony.
(d)
No court shall suspend the imposition of sentence as to a prior
or persistent offender under this section nor sentence such person
to pay a fine in lieu of a term of imprisonment, nor shall such person
be eligible for parole or probation until he has served a minimum
of forty-eight (48) consecutive hours of imprisonment.
(e)
The court shall find the defendant to be a prior offender or
persistent offender, if:
(1)
The indictment or information, original or amended, or the information
in lieu of an indictment pleads all essential facts warranting a finding
that the defendant is a prior or persistent offender; and
(2)
Evidence is introduced that established sufficient facts pled
to warrant a finding beyond a reasonable doubt that the defendant
is a prior offender or persistent offender; and
(3)
The court makes findings and facts that warrant a finding beyond
a reasonable doubt by the court that the defendant is a prior offender
or persistent offender.
(f)
In a jury trial, the facts shall be pled and established prior
to submission to the jury outside of its hearing. In a trial without
a jury or upon a plea of guilty, the court may defer the proof and
findings of such facts to a later time, but prior to sentencing.
(g)
The defendant shall be accorded full rights of confrontation
and cross-examination, with the opportunity to present evidence at
such hearings. The defendant may waive proof of the facts alleged.
(h)
Nothing in this section shall prevent the use of presentence
investigations or commitments.
(i)
At the sentencing hearing both the city and the defendant shall
be permitted to present additional information bearing on the issue
of sentence. The pleas or findings of guilty shall be prior to the
date of commission of the present offense.
(j)
The court shall not instruct the jury as to the range of punishment
or allow the jury, upon a finding of guilty, to assess and declare
the punishment as part of its verdict in cases of prior offenders
or persistent offenders.
(k)
Evidence of prior conviction shall be heard and determined by
the trial court out of the hearing of the jury prior to the submission
of the case to the jury, and shall include but not be limited to evidence
of conviction received by a search of the records of the Missouri
Uniform Law Enforcement System maintained by the Missouri State Highway
Patrol. After hearing the evidence, the court shall enter its findings
thereon. A conviction of a violation for driving while intoxicated
or a conviction or a plea of guilty or a finding of guilty followed
by a suspended imposition of sentence, suspended execution of sentence,
probation or parole or any combination thereof in any court shall
be treated as a prior conviction.
[Ord. No. 1036 §4, 10-6-1992; Ord. No. 1179 §§1-2, 6-20-1995]
(a)
It shall be unlawful for any person to consume or possess any
open alcoholic beverage while operating or riding in a motor vehicle
upon the state or county highways, streets, roads, parking lots or
other thoroughfare located within the City of Eureka.
(b)
Any person found guilty of violating the provisions of this
section is guilty of an infraction. Any infraction under this section
shall be subject to a fine of not more than five hundred dollars ($500.00).
[Ord. No. 1036 §5, 10-6-1992]
(a)
The court shall, upon the plea of guilty, conviction or finding
of guilty, enter an order suspending or revoking the driving privileges
of any person determined to have committed one of the following offenses
and who, at the time said offense was committed, was under twenty-one
(21) years of age:
(1)
Any alcohol related traffic offense in violation of state law,
county or municipal ordinance, where the judge in such case was an
attorney and the defendant was represented by or waived the right
to an attorney in writing;
(2)
Any offense in violation of state law, county or municipal ordinance,
where the judge in the case was an attorney and the defendant was
represented by or waived the right to an attorney in writing, involving
the possession or use of alcohol, committed while operating a motor
vehicle;
(3)
Any offense involving possession or use of a controlled substance
as defined in Chapter 195, RSMo. in violation of state law, county
or municipal ordinance, where the judge in such case was an attorney
and the defendant was represented by or waived the right to an attorney
in writing;
(4)
Any offense involving the alteration, modification or misrepresentation
of a license to operate a motor vehicle in violation of section 311.328,
RSMo.;
(5)
Any offense in violation of state law, county or municipal ordinance
where the judge in such case was an attorney and the defendant was
represented by or waived the right to an attorney in writing, involving
the possession or use of alcohol for a second time; except that a
determination of guilty or its equivalent shall have been made for
the first offense and both offenses shall have been committed by the
person when the person was under eighteen (18) years of age.
(b)
The court shall require the surrender of any license to operate a motor vehicle then held by any person against whom a court has entered an order suspending or revoking driving privileges under Subsection (a) of this section.
(c)
The court shall forward to the Director of Revenue the order of suspension or revocation of driving privileges and any licenses acquired, as required by Subsection (b) of this section.
(d)
The period of suspension for a first (1st) offense under this
section shall be ninety (90) days. Any second (2nd) or subsequent
offense under this section shall result in revocation of the offender's
driving privileges for one (1) year.
(e)
The court shall enter an order, in addition to other orders
authorized by law, requiring the completion of an alcohol related
education program which meets or exceeds minimum standards established
by Department of Mental Health, as part of the judgement entered in
the case, for any person determined to have violated a state law,
county or municipal ordinance involving the possession or use of alcohol
and who at the time of said offense was under twenty-one (21) years
of age when the person pleads guilty, is convicted or found guilty
of such offense by the court.
[Ord. No. 315, §1; Ord. No. 414, §1]
No person operating or driving a vehicle, motor propelled or
otherwise, upon any public street or thoroughfare, knowing that an
injury has been caused to a person or damage has been caused to property
as the result of any accident shall leave the place of such injury,
damage or accident without stopping and giving his name, residence,
including city and street number, motor vehicle license number and/or
chauffeur's or operator's number, to the injured party or the owner
or person in charge of such damaged property, or to a police officer,
or if no police officer is in the vicinity thereof, then to the nearest
police station or judicial officer.
[Ord. No. 315, §1; Ord. No. 414, §1; Ord. No. 833, §1.; Ord. No. 1669 §1, 1-21-2003]
It shall be unlawful for any person to operate any motor vehicle
upon any public street or thoroughfare within the limits of the city
without having an operator's or chauffeur's license so to do, or to
operate any motor vehicle while such license has been suspended.
(a)
It shall be unlawful for any person to operate or park any motor
vehicle upon any public street or thoroughfare without having the
proper State license plates affixed thereto as issued for such vehicle.
(b)
It shall be unlawful for any person to knowingly permit an unlicensed
operator to drive his motor vehicle.
(c)
The provisions of the first paragraph of this section shall not apply
to farm tractors or other motor powered farm vehicles used in the
vocation of farming.
(d)
It shall be unlawful for any person to display or to permit to be
displayed, or to have in his possession, any chauffeur's license or
motor vehicle operator's license knowing the same to be fictitious
or to have been cancelled, suspended, revoked or altered; to lend
to or knowingly permit the use of by another any chauffeur's license
or motor vehicle operator's license issued to the person so lending
or permitting the use thereof; to display or to represent as one's
own any chauffeur's license or motor vehicle operator's license not
issued to the person so displaying the same, or fail or refuse to
surrender to the Municipal Court of the City of Eureka any chauffeur's
license or motor vehicle operator's license which has been suspended,
cancelled or revoked, as provided by law; 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 the provisions of section 13 of the Code of the City of Eureka;
to employ as a chauffeur of a motor vehicle, with knowledge that such
person has not complied with the provisions of section 13 of the Code
of the City of Eureka, or whose license as a chauffeur has been revoked,
or suspended, during the period of such suspension; or who fails to
produce his or her license upon demand of any person or persons authorized
to make such demand.
[Ord. No. 829, §1]
It shall be unlawful for any person within the City of Eureka
to operate a motor vehicle or motor cycle in any manner in violation
of the restrictions imposed on a restricted license issued to said
person.
[Ord. No. 837 §1; Ord. No. 1081 §2, 1-18-1994; Ord. No. 1669 §2, 1-21-2003]
It shall be unlawful for any person to operate or park a motor
vehicle upon a public street or thoroughfare within the limits of
the City without a current State inspection sticker, seal or other
device from a duly authorized official inspection station displayed
upon the motor vehicle as prescribed by State regulations, except
new motor vehicles for which application for title and registration
is submitted on or after August 28, 1992; a new motor vehicle never
registered or titled in Missouri or any other State. Ownership of
a new motor vehicle is transferred by a franchised dealer on a manufacturer's
statement of origin. First (1st) annual renewal of the new motor vehicles
that were titled and registered on or after August 28, 1992, vehicles
as defined are exempt from a vehicle safety/emissions inspection.
[Ord. No. 838, §1.; Ord. No. 1669 §3, 1-21-2003]
It shall be unlawful for any person to operate or park any motor
vehicle upon any public street or thoroughfare within the limits of
the City without having proof of motor vehicle financial responsibility
as prescribed in Chapter 300, RSMo., 1987.
[Ord. No. 2716, 5-2-2023]
No motor vehicle or trailer shall be operated on any highway,
public or private street, alley or roadway unless it shall have displayed
thereon the license plate or set of license plates issued by the Director
of Revenue or the State Highways and Transportation Commission. Each
such plate shall be securely fastened to the motor vehicle or trailer
in a manner so that all parts thereof shall be plainly visible and
reasonably clean so that the reflective qualities thereof are not
impaired. Each such plate may be encased in a transparent cover so
long as the plate is plainly visible and its reflective qualities
are not impaired. License plates shall be fastened to all motor vehicles
except trucks, tractors, truck tractors or truck-tractors licensed
in excess of twelve thousand (12,000) pounds on the front and rear
of such vehicles not less than eight (8) nor more than forty-eight
(48) inches above the ground, with the letters and numbers thereon
right side up. The license plates on trailers, motorcycles, motor
tricycles, autocycles and motor scooters shall be displayed on the
rear of such vehicles either horizontally or vertically, with the
letters and numbers plainly visible. The license plate on buses, other
than school buses, and on trucks, tractors, truck tractors or truck-tractors
licensed in excess of twelve thousand (12,000) pounds shall be displayed
on the front of such vehicles not less than eight (8) nor more than
forty-eight (48) inches above the ground, with the letters and numbers
thereon right side up, or if two (2) plates are issued for the vehicle,
they shall be displayed in the same manner on the front and rear of
such.
[Ord. No. 315 §1; Ord. No. 414 §1]
(a)
The driver of any motor vehicle upon any public thoroughfare within
the limits of the city, upon meeting or overtaking in either direction
any school bus which has stopped on the highway for the purpose of
receiving or discharging any school children and whose driver has
in the manner prescribed by law given the signal to stop, shall stop
such vehicle before reaching such school bus and shall not proceed
until such school bus resumes motion, or until signaled by its driver
or a police officer to proceed.
(b)
Every bus used for the transportation of school children shall bear
upon the front and rear thereon a plainly visible sign containing
the words "SCHOOL BUS" in letters not less than eight inches in height.
Each such bus shall also have lettered on the rear in plain and distinct
type, "STOP WHILE BUS IS LOADING OR UNLOADING." Each school bus shall
be equipped with a mechanical or electrical signaling device which
will display a signal plainly visible from the front and rear thereof
and indicating an intention to stop.
[Ord. No. 315 §1; Ord. No. 414 §1; Ord. No. 1556 §1, 9-4-2001]
(a)
No person shall drive, operate or put in motion any vehicle or combination
of vehicles, motor powered or otherwise, on, over or upon any public
thoroughfare within the limits of the City during the times when lighted
lamps are required, unless such vehicle or vehicles display lighted
lamps or illuminating devices as required in this Section. No person
shall use on any vehicle any 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.
(b)
"When lighted lamps are required" means at any time from one-half
(½) hour after sunset to one-half (½) hour before sunrise,
and at any other time when there is not sufficient natural light to
render clearly discernible persons, objects or vehicles on the highway
at a distance of two hundred (200) feet.
(c)
Every motor vehicle other than a motorcycle or similar device shall
be equipped with not less than two (2) approved headlamps mounted
at the same level, with at least one (1) thereof on each side of the
front of the vehicle. Motorcycles or similar conveyances shall be
equipped with at least one (1) and not more than two (2) approved
headlamps. Every motorcycle with a sidecar or other similar attachment
shall be equipped with a lamp on the outside limit of such attachment
capable of displaying a white light to the front thereof.
(d)
Any motor vehicle may be equipped with no more than one (1) spotlamp;
but every lighted spotlamp shall be so aimed and used as not to be
dazzling or glaring to any approaching vehicle or the operator thereof.
(e)
Every new passenger car, new commercial motor vehicle and omnibus
with a capacity of more than six (6) passengers registered in the
State of Missouri after January 1, 1966, when operated on a highway
or street within the City, 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 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. Any person who knowingly operates
a motor vehicle without the lamps required in this Section in operable
condition is guilty of an infraction.
(f)
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.
(g)
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 required in this Chapter 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.
[Ord. No. 836 §1; Ord. No. 1555 §1, 9-4-2001]
(a)
Pursuant to Section 307.173, RSMo., except as provided for in
Subsection (i) and (ii) of this Section, no person shall operate any
motor vehicle registered in the State of Missouri on any public highway
or street in the City of Eureka with any manufactured vision-reducing
material applied to any portion of the motor vehicle's windshield,
sidewings or windows located immediately to the left and right of
the driver which reduces visibility from within or without the motor
vehicle. This Section shall not prohibit labels, stickers, decalcomania,
or informational signs on motor vehicles or the application of tinted
or solar screening material to recreational vehicles provided that
such material does not interfere with the driver's normal view of
the road. This Section shall not prohibit factory installed tinted
glass, the equivalent replacement thereof or tinting material applied
to the upper portion of the motor vehicle's windshield which is normally
tinted by the manufacturer of motor vehicle safety glass.
(1)
A permit to operate a motor vehicle with a front sidewing vent
or window that has a sun screening device, in conjunction with safety
glazing material, that has a light transmission of thirty-five percent
(35%) or more plus or minus three percent (3%) and a luminous reflectance
of thirty-five percent (35%) or less plus or minus three percent (3%)
may be issued by the Missouri Department of Public Safety to a person
having a physical disorder requiring the use of such vision-reducing
material. If, according to the permittee's physician, the physical
disorder requires the use of a sun screening device which permits
less light transmission and luminous reflectance than allowed under
the requirements of this Subsection, the limits of this Subsection
may be altered for that permittee in accordance with the physician's
prescription. The Director of the Department of Public Safety shall
promulgate rules and regulations for the issuance of the permit. The
permit shall allow operation of the vehicle by immediate family members
who are husband, wife and sons or daughters who reside in the household.
(2)
Any vehicle licensed with a historical license plate shall be
exempt from the requirements of this Section.
(b)
For purposes of this Section, "recreational vehicle" shall mean a vehicular unit mounted on wheels, designed to provide
temporary living quarters for recreational, camping or travel use
and of such size or weight as not to require special highway movement
permits when drawn by a motorized vehicle, and with a living area
of less than two hundred twenty (220) square feet, excluding built-in
equipment (such as wardrobes, closets, kitchen units or fixtures)
and bath and toilet rooms.
[Ord. No. 846, §1]
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:
When the driver of a vehicle approaches an oncoming vehicle
within 500 feet, or is within 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 25 feet ahead, and
in no case higher than a level of 42 inches above the level upon which
the vehicle stands at a distance of 75 feet ahead.
For purposes of this section, multiple-beam road lighting equipment
shall be defined as headlamps or similar devices arranged so as to
permit the driver of the vehicle to use one or two or more distributions
of light on the road.
[Ord. No. 1856 §1, 9-6-2005]
(a)
No person shall operate any passenger motor vehicle upon the
public streets or highways of the City of Eureka, the body of which
has been altered in such a manner that the front or rear of the vehicle
is raised at such an angle as to obstruct the vision of the operator
of the street or highway in front or to the rear of the vehicle.
(b)
Every motor vehicle which is licensed in the State of Missouri
and operated upon the public streets or highways of the City of Eureka
shall be equipped with front and rear bumpers if such vehicle was
equipped with bumpers as standard equipment. This Subsection shall
not apply to motor vehicles designed or modified primarily for off-highway
purposes while such vehicles are in tow or to motorcycles or motor-driven
cycles or to motor vehicles registered as historic motor vehicles
when the original design of such vehicles did not include bumpers
nor shall the provisions of this Subsection prohibit the use of drop
bumpers. Maximum bumper heights of both the front and rear bumpers
of motor vehicles shall be determined by weight category of gross
vehicle weight rating (GVWR) measured from a level surface to the
highest point of the bottom of the bumper when the vehicle is unloaded
and the tires are inflated to the manufacturer's recommended pressure.
Maximum bumper heights are as follows:
|
Maximum front bumper height/
Maximum rear bumper height
| ||
|---|---|---|
|
Motor vehicles except commercial motor vehicles:
|
22 inches/22 inches
| |
|
Commercial motor vehicles (GVWR):
| ||
|
4,500 lbs. and under:
|
24 inches/26 inches
| |
|
4,501 lbs. through 7,500 lbs.:
|
27 inches/29 inches
| |
|
7,501 lbs. through 9,000 lbs.:
|
28 inches/30 inches
| |
|
9,001 lbs. through 11,500 lbs.:
|
29 inches/31 inches
| |
(c)
A motor vehicle in violation of this Section shall not be approved
during any motor vehicle safety inspection.
Every motor vehicle shall be equipped with a horn or other approved
warning device 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 street and to pedestrians. Such signal and device
shall be used for warning purposes only and shall not be used for
making any unnecessary noise.
(a)
Emergency vehicles such as fire department, police, ambulances and
other types of emergency vehicles when in use in emergencies only,
may be equipped with and use, as a warning of its approach to vehicles
and pedestrians a siren or bell.
(b)
All motor vehicles shall be equipped with approved mufflers so that,
when in operation, excessive and unnecessary noises shall be restrained
and exhaust noises from the motor of such vehicles shall be quieted.
No "cutouts" shall be permitted on any motor powered vehicle.
[Ord. No. 315, §1; Ord. No. 414, §1; Ord. No. 569, §2]
A person commits the crime of tampering if he:
(a)
Tampers with property of another for the purpose of causing substantial
inconvenience to that person or another;
(b)
Unlawfully operates or rides in or upon another's automobile, airplane,
motorcycle, motorboat or other motor propelled vehicle; or
(c)
Tampers or makes connection with property of a utility.
(d)
It
shall be unlawful to tamper with the motor vehicle of another for
the purpose of attempting to steal a motor vehicle or its contents.
The act of tampering includes lifting door handles or otherwise trying
the doors or locks of motor vehicles that are not owned by the individual.
It shall not be a violation of this Subsection to lift the door locks
of a motor vehicle by the owner of the property where the motor vehicle
is parked.
[Ord. No. 2620, 11-16-2021]
(e)
It
shall be unlawful to enter the motor vehicle of another without the
permission of the owner of the motor vehicle. It shall not be a violation
of this Subsection for the owner of property to enter a motor vehicle
parked thereon.
[Ord. No. 2620, 11-16-2021]
[Ord. No. 315, §1; Ord. No. 414, §1; Ord. No. 570, §2.; Ord. No. 1701 §§1-2, 6-17-2003]
A person commits the crime of littering if he or she throws
or places, or causes to be thrown or placed, any glass, glass bottles,
wire, nails, tacks, hedge, cans, garbage, trash, refuse, rubbish or
yard waste (such as grass clippings, weeds, leaves, vines, hedge and
shrub trimmings and tree limbs) of any kind, nature or description
on the right-of-way of any public road or State highway, or on any
private real property owned by another without his consent, or on
or in any of the waters or on the banks of any stream.
[Ord. No. 315, §1; Ord. No. 414, §1]
It shall be unlawful for any person under the age of sixteen
years to drive or operate any motor powered vehicle upon the public
streets and thoroughfares of the city unless such person has a permit
issued by the state so to do.
[Ord. No. 444 §§1-4; Ord. No. 1104 §§1-2, 6-21-1994; Ord. No. 2048 §2, 6-17-2008]
(a)
It shall be unlawful for any person to operate, park, or cause
to be operated or parked any motor propelled vehicle including, but
not limited to, automobiles, motorcycles or mini bikes or to ride,
lead or drive or cause to be ridden, led or driven any beast of burden
including, but not limited to, horses, ponies or mules on private
property within the City without the written consent of the owner
or person in control thereof.
(b)
It shall be unlawful for any person to operate, park, or cause
to be operated or parked any motor propelled vehicle or to ride, lead,
drive or cause to be ridden, led or driven any animal on the common
land of any subdivision within the City or upon any parks owned by
the City without the consent of the trustees of the common land or
the City Administrator or, if there are no such trustees, without
the consent of the owners or other person designated by the owner
to be in control of such land.
(c)
It shall be unlawful to operate a motorcycle, all-terrain vehicle,
go-cart, dune buggy or dirt bike designed for use off of paved roads
on private property within one hundred (100) feet of another's residential
property.
[Ord. No. 2377 § 2, 5-17-2016]
(d)
The use of motor propelled vehicles or animals on designated
roadways in the case of vehicles and bridle paths in the case of animals
shall not be construed as violations of the foregoing subsections
of this section.
(e)
The following procedure shall be followed upon apprehension
of persons in violation of the foregoing provisions of this section.
Any person violating the provisions relating to the unauthorized
operation or parking of motor propelled vehicles or use of animals,
whether on-view or encountered in response to a complaint, should
be stopped and interrogated. If the person does not own or legally
reside on the concerned property, he or she should be requested to
display written consent on the concerned property authorizing his
or her personal use of the property for the operation or use of such
motor propelled vehicle or animal. If the person cannot produce a
valid consent, one of the following procedures shall be followed:
(1)
Juvenile. A juvenile will be taken into custody
for violation of the Missouri Juvenile Code by reason of violation
of the appropriate foregoing provisions. A wrecker will be requested
to convey the motor vehicle or animal to the closest contract garage
facility for safekeeping, if it is not possible to release the motor
vehicle or animal to the legal owner at the scene of the violation.
The juvenile shall be conveyed to the police station for notification
to the parents or legal guardian and subsequent release to their custody.
(2)
Adults. The adult shall be placed under arrest
for violation of the appropriate provision of this section. A wrecker
shall be requested to convey the motor vehicle or animal to the closest
facility for safekeeping, if it is not possible to release the motor
vehicle or animal to the legal owner at the scene of the violation.
The adult will then be conveyed to the police station for processing.
[Ord. No. 450, §1.; Ord. No. 1969 §1, 4-3-2007]
(a)
The users and operators of vehicles within the city shall use
and operate such vehicles in such a manner or condition that all excessive
and unnecessary noises are avoided by its machinery, motor, signaling
devices or other parts or by any improperly loaded cargo, including,
but not limited, to the following measures;
(1)
No muffler cutouts shall be used;
(2)
The motors of all motor vehicles shall be fitted with properly
attached mufflers of such capacity and construction as to quiet the
maximum possible exhaust noise;
(3)
Any cutout or opening in the exhaust pipe, between the motor
and 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.
(b)
No person shall slow a vehicle by the practice known as "engine
braking" or "dynamic braking", whereby rapid downshifting of a vehicle's
engine or a compression release device is used in lieu of applying
a vehicle's wheel brakes resulting in noise being emitted from the
vehicle. Engine/dynamic braking by any motor vehicle on any public
highway, street, alley or parking lot within the City is hereby declared
to be a public nuisance and is prohibited.
[Ord. No. 1082 §1, 1-18-1994]
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 the giving of an appropriate signal in the manner
provided herein.
(1)
An operator or driver when stopping, or when checking the speed
of his vehicle, if the movement of other vehicles may reasonably be
affected by such checking of speed, shall extend his arm at an angle
below horizontal so that the same may be seen in 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 the same
may be seen in front of and in the rear of his vehicle, and 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 the same may
be seen in the rear of his vehicle, and 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 herein required 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; however,
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 such 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 rear limit
of the body or load thereon exceeds fourteen (14) feet, which limit
of fourteen (14) feet shall apply to signal vehicles or combinations
of vehicles. The provisions of this Subsection 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; provided further that 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 above provided shall only be applicable to new
vehicles registered within this state after the first (1st) day of
January, 1954.
[Ord. No. 315, §1; Ord. No. 414, §1]
Any person violating any of the provisions of this article shall
upon conviction be punished by a fine of not less than one dollar
nor more than five hundred dollars, or by imprisonment in the county
jail for a term not exceeding ninety days, or by both such fine and
imprisonment.
