The driver of any vehicle other than one on official business
shall not follow any emergency vehicle 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.
No vehicle shall be driven over any unprotected hose of a Fire
Department when laid down on any street or private driveway to be
used at any fire or alarm of fire without the consent of the Fire
Department official in command.
A.
FUNERAL DIRECTOR
FUNERAL LEAD VEHICLE OR LEAD VEHICLE
ORGANIZED FUNERAL PROCESSION
Definitions. As used in this Section, the following terms
shall mean:
A person licensed as a funeral director pursuant to the provisions
of Chapter 333, RSMo.
Any motor vehicle equipped with at least one (1) lighted
circulating lamp exhibiting an amber or purple light or lens or alternating
flashing headlamps visible under normal atmospheric conditions for
a distance of five hundred (500) feet from the front of the vehicle.
A hearse or coach properly equipped may be a lead vehicle.
Two (2) or more vehicles accompanying the remains of a deceased
person from a funeral establishment, church, synagogue or other place
where a funeral service has taken place to a cemetery, crematory or
other place of final disposition, or a funeral establishment, church,
synagogue or other place where additional funeral services will be
performed, if directed by a licensed funeral director from a licensed
establishment.
B.
Driving Rules.
1.
Except as otherwise provided for in this Section, pedestrians and
operators of all other vehicles shall yield the right-of-way to any
vehicle which is a part of an organized funeral procession.
2.
Notwithstanding any traffic control device or right-of-way provision
prescribed by State or local law, when the funeral lead vehicle in
an organized funeral procession lawfully enters an intersection, all
vehicles in the procession shall follow the lead vehicle through the
intersection. The operator of each vehicle in the procession shall
exercise the highest degree of care toward any other vehicle or pedestrian
on the roadway.
3.
An organized funeral procession shall have the right-of-way at all
intersections regardless of any traffic control device at such intersections,
except that operators of vehicles in an organized funeral procession
shall yield the right-of-way to any approaching emergency vehicle
pursuant to the provisions of law or when directed to do so by a Law
Enforcement Officer.
4.
All vehicles in an organized funeral procession shall follow the
preceding vehicle in the procession as closely as is practical and
safe under the conditions.
5.
No person shall operate any vehicle as part of an organized funeral
procession without the flashing emergency lights of such vehicle being
lighted.
6.
Any person who is not an operator of a vehicle in an organized funeral
procession shall not:
a.
Drive between the vehicles comprising an organized funeral procession while such vehicles are in motion and have the flashing emergency lights lighted pursuant to Subsection (B)(5), above, except when required to do so by a Law Enforcement Officer or when such person is operating an emergency vehicle giving an audible or visual signal;
b.
Join a funeral procession for the purpose of securing the right-of-way;
or
c.
Attempt to pass any vehicle in an organized funeral procession, except
where a passing lane has been specifically provided.
7.
When an organized funeral procession is proceeding through a red
signal light as permitted herein, a vehicle not in the organized funeral
procession shall not enter the intersection unless such vehicle may
do so without crossing the path of the funeral procession.
8.
No ordinance, regulation or any other provision of law shall prohibit
the use of a motorcycle utilizing flashing amber lights to escort
an organized funeral procession on the highway.
C.
Any
person convicted of violating any provision of this Section shall
be punished by a fine not to exceed one hundred dollars ($100.00).
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.
No funeral, procession or parade containing two hundred (200)
or more persons or fifty (50) or more vehicles except the forces of
the United States Army or Navy, the military forces of this State,
and the forces of the Police and Fire Departments shall occupy, march
or proceed along any street except in accordance with a permit issued
by the Chief of Police and such other regulations as are set forth
herein which may apply.
[Ord. No. 706 §§1 —
2, 9-21-1981; Ord. No.
1614 §2, 8-26-2008]
A.
No
person shall drive a motor vehicle, motorized play vehicle, motorized
skateboard, low speed vehicle, or motorized bicycle upon the designated
pedestrian and bikeway within the City limits of Oak Grove, Missouri.
B.
No
person shall cause or permit a horse to travel upon the designated
pedestrian and bikeway within the City limits of Oak Grove, Jackson
County, Missouri.
The driver of a vehicle shall not drive within any sidewalk
area except on a permanent or temporary driveway.
[Ord. No. 585 §§1 —
2, 10-17-1977]
No person shall operate any motor vehicle on any property owned
by the City of Oak Grove except in those areas designated as public
streets. A street on City property shall be designated by a paved
surface or by a graveled or rocked surface.
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.
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.
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. 529 §1, 11-18-1974]
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.
D.
Riding Or Walking Horses Prohibited — Where. It shall
be unlawful for any person to ride or walk a horse on sidewalks or
parkways within the City limits of Oak Grove and upon conviction of
this Section shall be fined, sentenced and/or fined and sentenced
as hereinafter provided.
[Ord. No. 879 §1, 3-16-1987]
A.
No person shall operate an all-terrain vehicle, as defined in Section 300.010, or snowmobile upon the streets and highways of this City, except as follows:
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 license issued
by a State authorizing such person to operate a motor vehicle, 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 dayglow 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 (18) years of age.
E.
No
operator of an all-terrain vehicle shall carry a passenger, except
for agricultural purposes.
F.
A violation
of this Section shall be an ordinance violation.
[Ord. No. 1594 §5, 3-3-2008]
A.
No
person riding upon any bicycle, motorized bicycle, coaster, roller
skate(s), skateboard, sled, toy vehicle, or other apparatus that moves
primarily on wheel(s) shall attach the same or himself/herself to
any vehicle upon a roadway.
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.
It shall be unlawful for the directing officer or the operator
of any railroad train to direct the operation of or to operate the
same in such a manner as to prevent the use of any street for purposes
of travel for a period of time longer than five (5) minutes; provided
that this Section shall not apply to a moving train or to one stopped
because of an emergency or for repairs necessary before it can proceed
safely.
No vehicle shall at any time be driven through or within a safety
zone.
[Ord. No. 1972, 5-4-2020]
A.
Every
person operating a motor vehicle on the highways of this City shall
drive the vehicle in a careful and prudent manner and at a rate of
speed so as not to endanger the property of another or the life or
limb of any person and shall exercise the highest degree of care.
B.
It
shall be prima facie evidence that a vehicle operator is not exercising
the highest degree of care if the operator of a moving vehicle engages
in any conduct that causes his or her vision or attention to be obscured,
diminished or directed elsewhere than the path of travel or safe operation
of the vehicle, including, but not limited to, by using a mirror to
engage in grooming; reading anything located in the vehicle other
than operation information displayed on vehicle gauges and equipment;
writing; drawing; manually inputting information into a GPS or mapping
device; or turning one's head substantially away from the path of
travel to observe things in the vehicle or outside the vehicle but
contrary to the path of travel.
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 pursuant to 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; or
4.
Upon a roadway designated by local ordinance as a one-way street
and marked or signed for one-way traffic.
B.
It
is unlawful to drive any vehicle upon any highway or road which has
been divided into two (2) or more roadways by means of a physical
barrier or by means of a dividing section or delineated by curbs,
lines or other markings on the roadway, except to the right of such
barrier or dividing section, or to make any left turn or semi-circular
or U-turn on any such divided highway, except at an intersection or
interchange or at any signed location designated by the State Highways
and Transportation Commission or the Department of Transportation.
The provisions of this Subsection shall not apply to emergency vehicles,
law enforcement vehicles or to vehicles owned by the Commission or
the Department.
C.
Whenever
any roadway has been divided into three (3) or more clearly marked
lanes for traffic, the following rules in addition to all other consistent
herewith shall apply:
1.
A vehicle shall be driven as nearly as practicable entirely within
a single lane and shall not be moved from such lane until the driver
has first ascertained that such movement can be made with safety.
2.
Upon a roadway which is divided into three (3) lanes, a vehicle shall
not be driven in the center lane except when overtaking and passing
another vehicle where the roadway ahead is clearly visible and such
center lane is clear of traffic within a safe distance, or in preparation
for a left turn, or where such center lane is at the time allocated
exclusively to traffic moving in the direction the vehicle is proceeding
and is signposted to give notice of such allocation.
3.
Upon all highways any vehicle proceeding at less than the normal
speed of traffic thereon shall be driven in the right-hand lane for
traffic or as close as practicable to the right-hand edge or curb,
except as otherwise provided in Sections 304.014 to 304.026, RSMo.
4.
Official signs may be erected by the Highways and Transportation
Commission or the Highway Patrol may place temporary signs directing
slow moving traffic to use a designated lane or allocating specified
lanes to traffic moving in the same direction and drivers of vehicles
shall obey the directions of every such sign.
5.
Drivers of vehicles proceeding in opposite directions shall pass
each other to the right and, except when a roadway has been divided
into traffic lanes, each driver shall give to the other at least one-half
(½) of the main traveled portion of the roadway whenever possible.
D.
All
vehicles in motion upon a highway having two (2) or more lanes of
traffic proceeding in the same direction shall be driven in the right-hand
lane except when overtaking and passing another vehicle or when preparing
to make a proper left turn or when otherwise directed by traffic markings,
signs or signals.
A.
The
following rules shall govern the overtaking and passing of vehicles
proceeding in the same direction, subject to the limitations and exceptions
hereinafter stated:
1.
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; and
2.
Except when overtaking and passing on the right is permitted, the
driver of an overtaken vehicle shall give way to the right in favor
of the overtaking vehicle and shall not increase the speed of such
driver's 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 City street with unobstructed pavement of sufficient width
for two (2) or more lines of vehicles in each direction; or
3.
Upon a one-way street.
|
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The driver of a motor vehicle may overtake and pass another
vehicle upon the right only under the foregoing conditions when such
movement may be made in safety. In no event shall such movement be
made by driving off the paved or main traveled portion of the roadway.
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.
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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 in the event 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.
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 the giving of an appropriate signal in the manner provided herein.
1.
An operator or driver when stopping, or when checking the speed of
the operator's vehicle, if the movement of other vehicles may reasonably
be affected by such checking of speed, shall extend such operator's
arm at an angle below horizontal so that the same may be seen in the
rear of the vehicle.
2.
An operator or driver intending to turn the vehicle to the right
shall extend such operator's arm at an angle above horizontal so that
the same may be seen in front of and in the rear of the vehicle and
shall slow down and approach the intersecting highway as near as practicable
to the right side of the highway along which such operator is proceeding
before turning.
3.
An operator or driver intending to turn the vehicle to the left shall
extend such operator's arm in a horizontal position so that the same
may be seen in the rear of the vehicle and shall slow down and approach
the intersecting highway so that the left side of the vehicle shall
be as near as practicable to the centerline of the highway along which
the operator 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 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. 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 such 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. 1537 §2, 9-5-2006]
A.
The
driver of a vehicle upon a highway upon meeting or overtaking from
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 the vehicle before reaching such school bus and shall not
proceed until such school bus resumes motion or until signaled by
its driver 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 (8) inches in height.
Each bus shall have lettered on the rear in plain and distinct type
the following: "State Law: Stop While Bus is Loading and Unloading".
Each school bus subject to the provisions of Sections 304.050 to 304.070,
RSMo., 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 and indicating intention
to stop.
C.
Every school bus operated to transport students in the public school system which has a gross vehicle weight rating of more than ten thousand (10,000) pounds, which has the engine mounted entirely in front of the windshield and the entrance door behind the front wheels and which is used for the transportation of school children shall be equipped with a crossing control arm. The crossing control arm, when activated, shall extend a minimum of five (5) feet, six (6) inches from the face of the front bumper. The crossing control arm shall be attached on the right side of the front bumper and shall be activated by the same controls which activate the mechanical and electrical signaling devices described in Subsection (B) of this Section. This Subsection may be cited as "Jessica's Law" in commemoration of Jessica Leicht and all other Missouri school children who have been injured or killed during the operation of a school bus.
D.
Except
as otherwise provided in this Section, the driver of a school bus
in the process of loading or unloading students upon a street or highway
shall activate the mechanical and electrical signaling devices, in
the manner prescribed by the State Board of Education, to communicate
to drivers of other vehicles that students are loading or unloading.
A public school district has the authority pursuant to Section 304.050,
RSMo., to adopt a policy which provides that the driver of a school
bus in the process of loading or unloading students upon a divided
highway of four (4) or more lanes may pull off of the main roadway
and load or unload students without activating the mechanical and
electrical signaling devices in a manner which gives the signal for
other drivers to stop and may use the amber signaling devices to alert
motorists that the school bus is slowing to a stop; provided that
the passengers are not required to cross any traffic lanes and also
provided that the emergency flashing signal lights are activated in
a manner which indicates that drivers should proceed with caution
and in such case, the driver of a vehicle may proceed past the school
bus with due caution. No driver of a school bus shall take on or discharge
passengers at any location upon a highway consisting of four (4) or
more lanes of traffic, whether or not divided by a median or barrier,
in such manner as to require the passengers to cross more than two
(2) lanes of traffic; nor shall any passengers be taken on or discharged
while the vehicle is upon the road or highway proper unless the vehicle
so stopped is plainly visible for at least five hundred (500) feet
in each direction to drivers of other vehicles in the case of a highway
with no shoulder and a speed limit greater than sixty (60) miles per
hour and at least three hundred (300) feet in each direction to drivers
of other vehicles upon other highways and on all highways, only for
such time as is actually necessary to take on and discharge passengers.
E.
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.
F.
If
any vehicle is witnessed by a peace officer or the driver of a school
bus to have violated the provisions of this Section and the identity
of the operator is not otherwise apparent, it shall be a rebuttable
presumption that the person in whose name such vehicle is registered
committed the violation. In the event that charges are filed against
multiple owners of a motor vehicle, only one (1) of the owners may
be convicted and court costs may be assessed against only one (1)
of the owners. If the vehicle which is involved in the violation is
registered in the name of a rental or leasing company and the vehicle
is rented or leased to another person at the time of the violation,
the rental or leasing company may rebut the presumption by providing
the peace officer or prosecuting authority with a copy of the rental
or lease agreement in effect at the time of the violation. No prosecuting
authority may bring any legal proceedings against a rental or leasing
company under this Section unless prior written notice of the violation
has been given to that rental or leasing company by registered mail
at the address appearing on the registration and the rental or leasing
company has failed to provide the rental or lease agreement copy within
fifteen (15) days of receipt of such notice.
A.
The
driver of a vehicle approaching an intersection shall yield the right-of-way
to a vehicle which has entered the intersection from a different highway,
provided however, there is no form of traffic control at such intersection.
B.
When
two (2) vehicles enter an intersection from different highways at
approximately the same time, the driver of the vehicle on the left
shall yield the right-of-way to the driver of the vehicle on the right.
This Subsection shall not apply to vehicles approaching each other
from opposite directions when the driver of one (1) of such vehicles
is attempting to or is making a left turn.
C.
The
driver of a vehicle within an intersection intending to turn to the
left shall yield the right-of-way to any vehicle approaching from
the opposite direction which is within the intersection or so close
thereto as to constitute an immediate hazard.
D.
The
driver of a vehicle intending to make a left turn into an alley, private
road or driveway shall yield the right-of-way to any vehicle approaching
from the opposite direction when the making of such left turn would
create a traffic hazard.
E.
The City may, on any section of road where construction or major maintenance operations are being effected, fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of Section 340.160.
The driver of a vehicle shall not follow another vehicle more
closely than is reasonably safe and prudent, having due 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 residence 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 vehicles in safety. This Section
shall in no manner affect Section 304.044, RSMo., relating to distance
between trucks traveling on the highway.
[Ord. No. 1009 §§1 —
2, 11-19-1990; Ord. No.
1630 §4, 4-20-2009]
A.
No
person shall operate a vehicle licensed for over twenty-four thousand
(24,000) pounds on any street, drive or parking lot within any municipal
park in the City of Oak Grove.
B.
No
person shall operate a vehicle licensed for over twenty-four thousand
(24,000) pounds on Cemetery Road between 15th Street and 12th Street
in the City of Oak Grove.
C.
Except
when making a delivery thereon, no person shall operate a vehicle
licensed for over twenty-four thousand (24,000) pounds on S.E. 4th
Street from the easternmost entrance drive to the Phillips Oak Grove
Subdivision (Wal-Mart) east to the end of 4th Street.
D.
No person shall operate a vehicle licensed for over ten (10) tons
on White Road (also known as SE 30th Street) across the bridge located
immediately east of the entrance to the former Bent Oak Golf Club
property in the City of Oak Grove, Missouri.
[Ord. No. 1922, 10-1-2018]
[Ord. No. 1537 §1, 9-5-2006]
A.
Upon
the immediate approach of an emergency vehicle giving audible signal
by siren or while having at least one (1) lighted lamp exhibiting
red light visible under normal atmospheric conditions from a distance
of five hundred (500) feet to the front of such vehicle or a flashing
blue light authorized by Section 307.175, RSMo., the driver of every
other vehicle shall yield the right-of-way and shall immediately drive
to a position parallel to and as far as possible to the right of,
the traveled portion of the highway and thereupon stop and remain
in such position until such emergency vehicle has passed, except when
otherwise directed by a Police or Traffic Officer.
B.
Upon
approaching a stationary emergency vehicle displaying lighted red
or red and blue lights, the driver of every motor vehicle shall:
1.
Proceed with caution and yield the right-of-way, if possible with
due regard to safety and traffic conditions, by making a lane change
into a lane not adjacent to that of the stationary vehicle, if on
a roadway having at least four (4) lanes with not less than two (2)
lanes proceeding in the same direction as the approaching vehicle;
or
2.
Proceed with due caution and reduce the speed of the vehicle, maintaining
a safe speed for road conditions, if changing lanes would be unsafe
or impossible.
C.
For
purposes of this Section, an "emergency vehicle" is
a vehicle of any of the following types:
1.
A vehicle operated by the State Highway Patrol, the State Water Patrol,
the Missouri Capitol Police or a State Park Ranger, those vehicles
operated by enforcement personnel of the State Highways and Transportation
Commission, Police or Fire Department, Sheriff, Constable or Deputy
Sheriff, Federal Law Enforcement Officer authorized to carry firearms
and to make arrests for violations of the laws of the United States,
Traffic Officer or coroner or by a privately owned emergency vehicle
company;
2.
A vehicle operated as an ambulance or operated commercially for the
purpose of transporting emergency medical supplies or organs;
3.
Any vehicle qualifying as an emergency vehicle pursuant to Section
307.175, RSMo.;
4.
Any wrecker or tow truck or a vehicle owned and operated by a public
utility or public service corporation while performing emergency service;
5.
Any vehicle transporting equipment designed to extricate human beings
from the wreckage of a motor vehicle;
6.
Any vehicle designated to perform emergency functions for a civil
defense or emergency management agency established pursuant to the
provisions of Chapter 44, RSMo.;
7.
Any vehicle operated by an authorized employee of the department
of corrections who, as part of the employee's official duties, is
responding to a riot, disturbance, hostage incident, escape or other
critical situation where there is the threat of serious physical injury
or death, responding to mutual aid call from another criminal justice
agency or in accompanying an ambulance which is transporting an offender
to a medical facility;
8.
Any vehicle designated to perform hazardous substance emergency functions
established pursuant to the provisions of Sections 260.500 to 260.550,
RSMo.
[Ord. No. 1972, 5-4-2020]
A.
Except
as otherwise provided in this Section, no person twenty-one (21) years
of age or younger operating a moving motor vehicle upon the highways
and streets of this City shall, by means of a hand-held electronic
wireless communications device, send, read, or write a text message
or electronic message.
B.
Except
as otherwise provided in this Section, no person shall operate a commercial
motor vehicle in this City while using a hand-held mobile telephone.
C.
Except
as otherwise provided in this Section, no person shall operate a commercial
motor vehicle in this City while using a wireless communications device
to send, read, or write a text message or electronic message.
D.
E.
Nothing
in this Section shall be construed or interpreted as prohibiting a
person from making or taking part in a telephone call, by means of
a hand-held electronic wireless communications device, while operating
a non-commercial motor vehicle upon the highways and streets of this
City.
F.
ELECTRONIC MESSAGE
HAND-HELD ELECTRONIC WIRELESS COMMUNICATIONS DEVICE
MAKING OR TAKING PART IN A TELEPHONE CALL
SEND, READ, OR WRITE A TEXT MESSAGE OR ELECTRONIC MESSAGE
Definitions.
As used in this Section, the following terms shall have the meanings
indicated:
A self-contained piece of digital communication that is designed
or intended to be transmitted between hand-held electronic wireless
communication devices. Electronic message, includes, but is not limited
to, electronic mail, a text message, an instant message, or a command
or request to access an internet site.
Includes any hand-held cellular phone, palm pilot, blackberry,
or other mobile electronic device used to communicate verbally or
by text or electronic messaging, but shall not apply to any device
that is permanently embedded into the architecture and design of the
motor vehicle.
Listening to or engaging in verbal communication through
a hand-held electronic wireless communication device.
Using a hand-held electronic wireless telecommunications
device to manually communicate with any person by using an electronic
message. Sending, reading, or writing a text message or electronic
message does not include reading, selecting, or entering a phone number
or name into a hand-held electronic wireless communications device
for the purpose of making a telephone call.
G.
A violation
of this Section shall be deemed an infraction.
H.
The
provisions of this Section shall not apply to:
1.
The operator of a vehicle that is lawfully parked or stopped;
2.
Any of the following while in the performance of their official duties:
a Law Enforcement Officer; a member of a Fire Department; or the operator
of a public or private ambulance;
3.
The use of a factory-installed or aftermarket global positioning
systems (GPS) or wireless communications devices used to transmit
or receive data as a part of a digital dispatch system;
4.
The use of voice-operated technology;
5.
The use of two-way radio transmitters or receivers by a licensee
of the Federal Communications Commission in the Amateur Radio Service.
