[R.O. 1996 § 380.010]
A.
Signaling Devices. Every motor vehicle shall be equipped with a horn,
directed forward, or whistle in good working order capable of emitting
a sound adequate in quantity and volume to give warning of the approach
of such vehicle to other users of the highway and to pedestrians.
Such signaling device shall be used for warning purposes only and
shall not be used for making any unnecessary noise, and no other sound-producing
signaling device shall be used at any time.
B.
Muffler Cutouts. Muffler cutouts shall not be used and no vehicle
shall be driven in such manner or condition that excessive and unnecessary
noises shall be made by its machinery, motor, signaling device, or
other parts, or by any improperly loaded cargo. The motors of all
motor vehicles shall be fitted with properly attached mufflers of
such capacity or construction as to quiet the maximum possible exhaust
noise as completely as is done in modern gas engine passenger motor
vehicles. Any cutout or opening in the exhaust pipe between the motor
and the muffler on any motor vehicle shall be completely closed and
disconnected from its operating lever and shall be so arranged that
it cannot automatically open, or be opened or operated, while such
vehicle is in motion.
C.
Brakes. All motor vehicles, except motorcycles, shall be provided
at all times with two (2) sets of adequate brakes kept in good working
order, and motorcycles shall be provided with one (1) set of adequate
brakes kept in good working order.
D.
Mirrors. All motor vehicles which are so constructed or loaded that
the operator cannot see the road behind such vehicle by looking back
or around the side of such vehicle shall be equipped with a mirror
so adjusted as to reveal the road behind and be visible from the operator's
seat.
E.
Projections On Vehicles. All vehicles carrying poles or other objects,
which project more than five (5) feet from the rear of such vehicle,
shall, during the period when lights are required by this Chapter,
carry a red light at or near the rear end of the pole or other object
so projecting. At other times a red flag or cloth, not less than sixteen
(16) inches square, shall be displayed at the end of such projection.
F.
Towlines. When one vehicle is towing another, the connecting device
shall not exceed fifteen (15) feet. During the time that lights are
required by Sections 307.020 to 307.120, RSMo., the required lights
shall be displayed by both vehicles. Every towed vehicle shall be
coupled to the towing vehicle by means of a safety chain, cable or
equivalent device in addition to the primary coupling device, except
that such secondary coupling device shall not be necessary if the
connecting device is connected to the towing vehicle by a center-locking
ball located over or nearly over the rear axle and not supported by
the rear bumper of the towing vehicle. Such secondary safety connecting
devices shall be of sufficient strength to control the towed vehicle
in the event of failure of the primary coupling device. The provisions
of this Subsection shall not apply to wreckers towing vehicles or
to vehicles secured to the towing vehicle by a fifth-wheel type connection.
The provisions of this Subsection shall also not apply to farm implements
or to any vehicle which is not required to be registered.
G.
Commercial Motor Vehicles And Trailers. When being operated on any
highway, street or road of this City, commercial motor vehicles and
trailers shall be equipped with adequate and proper brakes, lighting
equipment, signaling devices, steering mechanisms, horns, mirrors,
windshield wipers, tires, wheels, exhaust system, glazing, air pollution
control devices, fuel tank and any other safety equipment required
by the State in such condition so as to obtain a certificate of inspection
and approval as required by the provisions of Section 307.360, RSMo.
H.
Devices attached to or towed by motor vehicles for the purpose of
transporting hay shall have the protruding parts raised or retracted
when not in use to a position which will not cause injury or damage
to persons or property in the vicinity of such device when on the
highways, streets or roads of this City.
[R.O. 1996 § 380.020]
A.
All motor vehicles and every trailer and semitrailer operating upon
the public highways, streets or roads of this City and carrying goods
or material or farm products which may reasonably be expected to become
dislodged and fall from the vehicle, trailer or semitrailer as a result
of wind pressure or air pressure and/or by the movement of the vehicle,
trailer or semitrailer shall have a protective cover or be sufficiently
secured so that no portion of such goods or material can become dislodged
and fall from the vehicle, trailer or semitrailer while being transported
or carried.
B.
Operation of a motor vehicle, trailer or semitrailer in violation
of this Section shall be an ordinance violation, and any person convicted
thereof shall be punished as provided by law.
[R.O. 1996 § 380.030]
A.
As used in this Section, the term "truck" means a motor vehicle designed,
used or maintained for the transportation of property.
B.
As used in this Section, the term "passenger car" means every motor
vehicle designed for carrying ten (10) persons or fewer and used for
the transportation of persons; except that the term "passenger car"
shall not include motorcycles, motorized bicycles, motortricycles
and trucks with a licensed gross weight of twelve thousand (12,000)
pounds or more.
C.
Each driver, except persons employed by the United States Postal Service while performing duties for that Federal agency which require the operator to service postal boxes from their vehicles or which require frequent entry into and exit from their vehicles, and front seat passengers of a passenger car manufactured after January 1, 1968, operated on a street or highway in the City, and persons less than eighteen (18) years of age operating or riding in a truck, as defined in Subsection (A) of this Section, on a street or highway of this City shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation and Safety Act requirements. No person shall be stopped, inspected or detained solely to determine compliance with this Subsection. The provisions of this Section and Section 380.170 of this Chapter shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about their body, nor shall the provisions of this Section be applicable to persons while operating or riding a motor vehicle being used in agricultural work-related activities. Non-compliance with this Subsection shall not constitute probable cause for violation of any other provision of law. The provisions of this Subsection shall not apply to the transporting of children under sixteen (16) years of age, as provided in Section 380.170 of this Chapter.
D.
Each driver of a motor vehicle transporting a child less than sixteen (16) years of age shall secure the child in a properly adjusted and fastened restraint under Section 380.170 of this Chapter.
E.
Except as otherwise provided for in Section 380.170 of this Chapter, each person found guilty of violating the provisions of Subsection (B) of this Section is guilty of an ordinance violation for which a fine not to exceed ten dollars ($10.00) may be imposed. All other provisions of law and court rules to the contrary notwithstanding, no court costs shall be imposed on any person due to a violation of this Section.
F.
If there are more persons than there are seat belts in the enclosed
area of a motor vehicle, then the passengers who are unable to wear
seat belts shall sit in the area behind the front seat of the motor
vehicle unless the motor vehicle is designed only for a front-seated
area. The passenger or passengers occupying a seat location referred
to in this Subsection is not in violation of this Section. This Subsection
shall not apply to passengers who are accompanying a driver of a motor
vehicle who is licensed under Section 302.178, RSMo.
[R.O. 1996 § 380.040]
A.
CHILD BOOSTER SEAT
CHILD PASSENGER RESTRAINT SYSTEM
DRIVER
As used in this Section, the following terms shall have these prescribed
meanings:
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 571.213, as amended, that is designed
to elevate a child to properly sit in a Federally approved safety
belt system.
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 571.213, as amended, and which is either
permanently affixed to a motor vehicle or is affixed to such vehicle
by a safety belt or a universal attachment system.
A person who is in actual physical control of a motor vehicle.
B.
Requirement; Applicability.
1.
Every driver transporting a child under the age of sixteen (16)
years shall be responsible, when transporting such child in a motor
vehicle operated by that driver on the streets or highways of this
City, for providing for the protection of such child as follows:
a.
Children less than four (4) years of age, regardless of weight, shall
be secured in a child passenger restraint system appropriate for that
child.
b.
Children weighing less than forty (40) pounds, regardless of age,
shall be secured in a child passenger restraint system appropriate
for that child.
c.
Children at least four (4) years of age but less than eight (8) years
of age, who also weigh at least forty (40) pounds but less than eighty
(80) pounds, and who are also less than four (4) feet nine (9) inches
tall, shall be secured in a child passenger restraint system or booster
seat appropriate for that child.
d.
Children at least eighty (80) pounds or children more than four (4)
feet nine (9) inches in height shall be secured by a vehicle safety
belt or booster seat appropriate for that child.
e.
A child who otherwise would be required to be secured in a booster
seat may be transported in the back seat of a motor vehicle while
wearing only a lap belt if the back seat of the motor vehicle is not
equipped with a combination lap and shoulder belt for booster seat
installation.
f.
When transporting children in the immediate family when there are
more children than there are seating positions in the enclosed area
of a motor vehicle, the children who are not able to be restrained
by a child safety restraint device appropriate for the child shall
sit in the area behind the front seat of the motor vehicle unless
the motor vehicle is designed only for a front seat area. The driver
transporting children referred to in this Subsection is not in violation
of this Section.
2.
This Subsection shall only apply to the use of a child passenger
restraint system or vehicle safety belt for children less than sixteen
(16) years of age being transported in a motor vehicle.
C.
Any driver who violates Subsection (B)(1)(a), (b) or (c) herein, is guilty of an ordinance violation and upon conviction may be punished by a fine of not more than fifty dollars ($50.00) and court costs. Any driver who violates Subsection (B)(1)(d) herein shall be subject to the penalty in Subsection (E) of Section 380.160 of this Chapter. If a driver receives a citation for violating Subsection (B)(1)(a), (b) or (c) herein, the charges shall be dismissed or withdrawn if the driver prior to or at his/her hearing provides evidence of acquisition of a child passenger restraint system or child booster seat which is satisfactory to the court or the party responsible for prosecuting the driver's citation.
D.
The provisions of this Section shall not apply to any public carrier
for hire. The provisions of this Section shall not apply to students
four (4) years of age or older who are passengers on a school bus
designed for carrying eleven (11) passengers or more and which is
manufactured or equipped pursuant to Missouri Minimum Standards for
School Buses as school buses are defined in Section 301.010, RSMo.
[R.O. 1996 § 380.106; Ord. No. 614 § 1, 11-8-2007]
A.
Any person may operate a motor vehicle
with sideway vents or windows to the immediate left and right of the
driver with a sunscreening device in conjunction with glazing material
that has a light transmission and/or a luminous reflectance of thirty-five
percent (35%) or more, plus or minus three percent (3%).
C.
All sunscreening devices applied to the
front windshield of a motor vehicle, except for labels, stickers,
decals, informational signs or factory-installed glass with tint on
the upper portion of the windshield which does not materially obstruct
the driver's view of the roadway, are prohibited by this Section.
D.
Any person who violates the provisions
of this Section is guilty of a municipal ordinance violation punishable
by a fine of up to five hundred dollars ($500.00).
E.
Any vehicle licensed with a historical
license plate shall be exempt from the requirements of this Section.
A.
Every person operating or riding as a passenger on any motorcycle
or motortricycle, as defined in this Title, upon any highway of this
City shall wear protective headgear at all times the vehicle is in
motion. The protective headgear shall meet reasonable standards and
specifications established by the Director of Revenue.
B.
The penalty for failure to wear protective headgear as required by Subsection (A) of this Section shall be deemed an ordinance violation 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. No points shall be assessed pursuant to Section 302.302, RSMo., for a failure to wear such protective headgear.
C.
A person operating or riding in an autocycle may not be required
to wear protective headgear.
[R.O. 1996 § 380.070; CC 1987 § 76.985]
No person shall operate any motor vehicle upon any road or highway
of this City between the first day of April and the first day of November
while the motor vehicle is equipped with tires containing metal or
carbide studs.
A.
No metal-tired vehicle shall be operated over any of the improved
highways of this City, except over highways constructed of gravel
or claybound gravel, if such vehicle has on the periphery of any of
the road wheels any lug, flange, cleat, ridge, bolt or any projection
of metal or wood which projects radially beyond the tread or traffic
surface of the tire unless the highway is protected by putting down
solid planks or other suitable material or by attachments to the wheels
so as to prevent such vehicles from damaging the highway, except that
this prohibition shall not apply to tractors or traction engines equipped
with what is known as "caterpillar treads" when such caterpillar does
not contain any projection of any kind likely to injure the surface
of the road. Tractors, traction engines and similar vehicles may be
operated which have upon their road wheels "V" shaped, diagonal or
other cleats arranged in such manner as to be continuously in contact
with the road surface if the gross weight on the wheels per inch of
width of such cleats or road surface, when measured in the direction
of the axle of the vehicle, does not exceed eight hundred (800) pounds.
B.
No tractor, tractor engine or other metal-tired vehicle weighing
more than four (4) tons, including the weight of the vehicle and its
load, shall drive onto, upon or over the edge of any improved highway
without protecting such edge by putting down solid planks or other
suitable material to prevent such vehicle from breaking off the edges
of the pavement.
C.
Any person violating this Section, whether operating pursuant to
a permit or not, or who shall willfully or negligently damage a highway,
shall be liable for the amount of such damage caused to any highway,
bridge, culvert or sewer, and any vehicle causing such damage shall
be subject to a lien for the full amount of such damage, which lien
shall not be superior to any duly recorded or filed chattel mortgage
or other lien previously attached to such vehicle; the amount of such
damage may be recovered in any action in any court of competent jurisdiction.
A.
As used in this Section, the term "truck" means a motor vehicle designed,
used or maintained for the transportation of property.
B.
No person shall operate any truck, as defined in Subsection (A) of this Section, with a licensed gross weight of less than twelve thousand (12,000) pounds on any highway which is part of the State or Federal highway system or when such truck is operated within the corporate limits of the City when any person under eighteen (18) years of age is riding in the unenclosed bed of such truck. No person under eighteen (18) years of age shall ride in the unenclosed bed of such truck when the truck is in operation.
C.
The provisions of this Section shall not apply to:
1.
Any employee engaged in the necessary discharge of the employee's
duties where it is necessary to ride in the unenclosed bed of the
truck;
2.
Any person while engaged in agricultural activities where it
is necessary to ride in the unenclosed bed of the truck;
3.
Any person riding in the unenclosed bed of a truck while such
truck is being operated in a parade, caravan or exhibition which is
authorized by law;
4.
Any person riding in the unenclosed bed of a truck if such truck
has installed a means of preventing such person from being discharged
or such person is secured to the truck in a manner which will prevent
the person from being thrown, falling or jumping from the truck;
5.
Any person riding in the unenclosed bed of a truck if such truck
is being operated solely for the purpose of participating in a special
event and it is necessary that the person ride in such unenclosed
bed due to a lack of available seating. "Special event," for the purposes
of this Section, is a specific social activity of a definable duration
which is participated in by the person riding in the unenclosed bed;
6.
Any person riding in the unenclosed bed of a truck if such truck
is being operated solely for the purposes of providing assistance
to, or ensuring the safety of, other persons engaged in a recreational
activity; or
7.
Any person riding in the unenclosed bed of a truck if such truck
is the only legally titled, licensed and insured vehicle owned by
the family of the person riding in the unenclosed bed and there is
insufficient room in the passenger cab of the truck to accommodate
all passengers in the truck. For the purposes of this Section, the
term "family" shall mean any persons related within the first degree
of consanguinity.
[R.O. 1996 § 380.080; CC 1987 § 76.990]
A.
No person shall operate any passenger motor vehicle upon the public
streets or highways of this City, 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 this State and operated
upon the public streets or highways of this City 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:
|
Type of Vehicle
|
Maximum Front Bumper Height
(inches)
|
Maximum Rear Bumper Height
(inches)
| |
|---|---|---|---|
|
Motor vehicles except commercial motor vehicles
|
22
|
22
| |
|
Commercial motor vehicles (GVWR):
| |||
|
4,500 lbs. and under
|
24
|
26
| |
|
4,501 lbs. through 7,500 lbs.
|
27
|
29
| |
|
7,501 lbs. through 9,000 lbs.
|
28
|
30
| |
|
9,001 lbs. through 11,500 lbs.
|
29
|
31
| |
C.
Any person knowingly violating the provisions of this Section is
guilty of an ordinance violation.
[R.O. 1996 § 380.050]
Trucks, semitrailers, and trailers,
except utility trailers, without rear fenders, attached to a commercial
motor vehicle registered for over twenty-four thousand (24,000) pounds
shall be equipped with mud flaps for the rear wheels when operated
on the public highways of this City. If mud flaps are used, they shall
be wide enough to cover the full tread width of the tire or tires
being protected; shall be so installed that they extend from the underside
of the vehicle body in a vertical plane behind the rear wheels to
within eight (8) inches of the ground; and shall be constructed of
a rigid material or a flexible material which is of a sufficiently
rigid character to provide adequate protection when the vehicle is
in motion. No provisions of this Section shall apply to a motor vehicle
in transit and in process of delivery equipped with temporary mud
flaps, to farm implements, or to any vehicle which is not required
to be registered.
[R.O. 1996 § 380.060; CC 1987 § 76.975]
A.
No person shall operate on any public street of this City any slow-moving vehicle or equipment after sunset to one-half (1/2) hour before sunrise, any animal-drawn vehicle, or any other machinery, designed for use or normally operated at speeds less than twenty-five (25) miles per hour, including all road construction or maintenance machinery except when engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs, which normally travels or is normally used at a speed of less than twenty-five (25) miles per hour unless there is displayed on the rear thereof an emblem as described in, and displayed as provided in Subsection (B) of this Section. The requirement of such emblem shall be in addition to any lighting devices required by 380.120 of this Chapter.
B.
The emblem required by Subsection (A) of this Section shall be of substantial construction, and shall be a basedown equilateral triangle of fluorescent yellow-orange film or equivalent quality paint with a base of not less than fourteen (14) inches and an altitude of not less than twelve (12) inches. Such triangle shall be bordered with reflective red strips having a minimum width of one and three-fourths (1 3/4) inches, with the vertices of the overall triangle truncated such that the remaining altitude shall be a minimum of fourteen (14) inches. Such emblem shall be mounted on the rear of such vehicle near the horizontal geometric center of the rearmost vehicle at a height of not less than four (4) feet above the roadway, and shall be maintained in a clean, reflective condition. The provisions of this Section shall not apply to any vehicle or equipment being operated on a gravel- or dirt-surfaced public street.
C.
No emblem shall be required on machinery
or equipment pulled or attached to a farm tractor providing the machinery
or equipment does not extend more than twelve (12) feet to the rear
of the tractor and permits a clear view of the emblem on the tractor
by vehicles approaching from the rear.
[R.O. 1996 § 380.100; CC 1987 § 76.996]
No person shall cause a motor vehicle
to accelerate so rapidly as to cause a tire to break contact with
the street or alley surface and to spin upon surface. Slipping or
spinning of tires because of ice- or snow-covered road surface shall
not be considered a violation under this Section.
[R.O. 1996 § 380.105; Ord. No. 529 §§ 1 — 2, 2-13-2003]
A.
It shall be unlawful to operate or use
a Jacobs Engine Brake®, or other engine braking device in the
City of Gerald, except in emergencies. For the purpose of this Section,
a Jacobs Engine Brake® is a hydraulic-electric engine attachment
that converts a diesel engine into an air compressor by changing engine
exhaust valve operation.
B.
Notice of this Section shall be posted
at the place where the boundary of the City joins or crosses any highway
by an appropriate sign notifying motorists of the passage of this
Section.
