The driver of any vehicle other than one on official business
shall not follow any emergency vehicle traveling in response to an
emergency call 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.
A.
The
driver of a motor vehicle shall not drive within any sidewalk area
except on a permanent or temporary driveway. A designated bicycle
lane shall not be obstructed by a parked or standing motor vehicle
or other stationary object. A motor vehicle may be driven in a designated
bicycle lane only for the purpose of a lawful maneuver to cross the
lane or to provide for safe travel. In making an otherwise lawful
maneuver that requires traveling in or crossing a designated bicycle
lane, the driver of a motor vehicle shall yield to any bicycle in
the lane. As used in this Section, the term "designated bicycle lane"
shall mean a portion of the roadway or highway that has been designated
by the Governing Body having jurisdiction over such roadway or highway
by striping with signing or striping with pavement markings for the
preferential or exclusive use of bicycles.
B.
Operating Vehicle Over New Sidewalk. It shall be unlawful for any
person to drive any vehicle of any nature or any animal over or across
any newly made sidewalk or pavement within the City or over or across
any street or sidewalk where there is a barrier, sign, light or person
warning the driver thereof that such newly made construction is closed
to traffic.
[R.O. 2003 § 340.060(B); Ord. No.
7.001 § 7.1060, 6-18-1985]
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.
[R.O. 2003 § 340.085; Ord. No.
7.001 § 7.1085, 6-18-1985]
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.
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.
The riding of bicycles shall be permitted on sidewalks within residential
areas provided that same is accomplished with reasonable care and
prudence. The riding of bicycles on the sidewalks bordering Kansas
Avenue or Main Street USA between Santa Fe Avenue and Gracia Streets
shall not be permitted between the hours of 6:00 A.M. and 6:00 P.M.
[R.O. 2003 § 340.100(C); Ord. No.
7.022 Art. I — II, 8-16-1994]
[R.O. 2003 § 340.110; Ord. No.
7.016 § 7.1086, 7-17-1990; Ord. No. 07-05.2 § 1, 5-15-2007; Ord. No. 08-11.1 § 1, 11-18-2008; Ord. No. 09-11.01 §§ 1 — 2, 11-17-2009]
A.
Definition. The definition of "all-terrain vehicles" is contained in Section 300.010 of this Code.
B.
Requirements For Operating An All-Terrain Vehicle On City Roads,
Streets And Alleyways. No person shall operate an all-terrain vehicle
upon the streets, alleyways or highways of this City, except as follows:
1.
All-terrain vehicles owned and operated by a governmental entity
for official use;
2.
All-terrain vehicles operated for agricultural purposes or industrial
on-premises purposes between the official sunrise and sunset on the
day of operation; or
3.
All-terrain vehicles which have been issued a special permit
by the City of Marceline for said vehicle to be used on the City's
streets, alleyways and highways. In order for a person to obtain a
permit for use of said vehicle on the City's streets, alleyways and
highways, the following shall apply:
a.
Proof of financial responsibility as required for the operation
of a motor vehicle as set forth under Chapter 303, RSMo., or as amended;
b.
The vehicle must be equipped with a dealer manufactured (or
equivalent) muffler; and
c.
Payment of a special permit fee of fifteen dollars ($15.00)
to the City, which shall be required annually.
C.
A person operating an all-terrain vehicle on a street, alleyway or
highway pursuant to an exception covered in this Section shall have
a valid operator's or chauffeur's license, but shall not be required
to have passed an examination for the operation of a motorcycle, and
the vehicle shall be operated at a speed consistent with the posted
speed limit within the boundaries of the City and in no event at a
speed in excess of thirty (30) miles per hour. When operated on a
street, alleyway or highway in the City, 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 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 within any stream
or river in this City, except that all-terrain vehicles may be operated
within waterways that flow within the boundaries of land that an all-terrain
vehicle operator owns or has permission to be upon.
E.
No person shall operate an all-terrain vehicle:
1.
In any careless way so as to endanger the operator or the person
or property of another;
2.
While under the influence of alcohol or any controlled substance;
3.
Without a securely fastened safety helmet on the head of an
individual who operates said 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;
4.
Upon any real property owned or leased by the City except for
streets, alleyways or highways;
5.
No operator of an all-terrain vehicle shall carry a passenger,
except for agricultural purposes.
[R.O. 2003 § 340.115; Ord. No.
08-11.2 § 1, 11-18-2008; Ord. No. 09-11.01 § 3, 11-17-2009]
B.
No person shall operate a utility vehicle upon the streets, alleyways
or highways of the City of Marceline, except as follows:
1.
Utility vehicles owned and operated by a governmental entity
for official use;
2.
Utility vehicles operated for agricultural purposes or industrial
on-premises purposes between the official sunrise and sunset on the
day of operation, unless equipped with proper lighting;
3.
Utility vehicles operated by handicapped persons for short distances
occasionally when operated between the hours of sunrise and sunset;
or
4.
Utility vehicles that have been issued a special permit by the
City of Marceline for said vehicle to be used on the City's streets,
alleyways and highways. In order for a person to obtain a permit for
use of said vehicle on the City's streets, alleyways and highways,
the following shall apply:
a.
Proof of financial responsibility as required for the operation
of a motor vehicle as set forth under Chapter 303, RSMo., or as amended;
b.
Presentment of the manufacturer's specifications showing that
the vehicle meets the requirements as set forth above defining a utility
vehicle;
c.
Payment of a special permit fee of fifteen dollars ($15.00)
to the City, which shall be required annually; and
d.
Shall be equipped with a slow-moving emblem which shall be an
emblem 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.
C.
No person shall operate a utility vehicle within any stream or river
in this City, except that utility vehicles may be operated within
waterways that flow within the boundaries of land which a utility
vehicle operator owns or for agricultural purposes within the boundaries
of land which the operator owns or has permission to be upon.
D.
A person operating a utility vehicle pursuant to any exception covered under this Section shall have a valid operator's license or chauffeur's license, except for a handicapped person operating such vehicle under Subsection (B)(3) of this Section, but shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds consistent with the posted speed limits within the City's boundaries and in no event at a speed in excess of forty-five (45) miles per hour.
E.
No person shall operate a utility vehicle:
F.
No operator of an utility vehicle shall carry a passenger, except
for agricultural purposes. The provision of this Subsection shall
not apply to any utility vehicle in which the seat of such vehicle
is designed to carry more than one (1) person.
[R.O. 2003 § 340.117; Ord. No.
09-11.01 § 4, 11-17-2009; Ord. No. 20-09.08, 9-15-2020]
B.
No person shall operate a golf cart upon the streets, alleyways or
highways of this City, except as follows:
1.
All golf carts owned and operated by a governmental entity for
official use;
2.
Golf carts which have been issued a special permit by the City
of Marceline for said vehicle to be used on the City's streets, alleyways
and highways. In order for a person to obtain a permit for use of
said vehicle on the City's streets, alleyways and highways, the following
shall apply:
a.
Proof of financial responsibly as required for the operation
of a motor vehicle as set forth under Chapter 303, RSMo., or as amended;
b.
The vehicle must be equipped with a dealer manufactured (or
equivalent) muffler;
c.
The vehicle must be equipped with adequate and working brakes;
d.
Payment of a special permit fee of fifteen dollars ($15.00)
to the City, which shall be required annually.
C.
No person shall operate a golf cart within any stream or river in
this City, except that golf cart may be operated within waterways
that flow within the boundaries of land that golf cart operator owns
or has permission to be upon.
D.
A person
operating a golf cart pursuant to any exception covered under this
Section shall have a valid operator's license or chauffeur's license,
but shall not be required to have passed an examination for the operation
of a motorcycle, and the vehicle shall be operated at speeds consistent
with the posted speed limits within the City's boundaries and in no
event at a speed in excess of twenty (20) miles per hour.
E.
No person shall operate a golf cart:
1.
In any careless manner as to endanger the operator or the person
or property of another;
2.
While under the influence of alcohol or any controlled substance;
3.
Upon any real property owned or leased by the City except for
streets, alleyways or highways;
4.
Between the hours of official sunset and sunrise;
5.
On any State highways except to cross a State highway at an
intersection where the highway being crossed has a posted speed limit
of less than forty-five (45) miles per hour;
6.
Unless said golf cart 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 not less than thirty (30) square inches and
shall be dayglow in color.
F.
A violation of this Section shall carry a penalty as imposed under Section 100.230. In addition to other legal remedies, the City Prosecutor may institute a civil action in a court of competent jurisdiction for injunctive relief to prevent such a violation or future violations and for the assessment of a civil penalty not to exceed one thousand dollars ($1,000.00) per day of violation.
No person riding upon any bicycle, motorized bicycle, coaster,
roller skates, sled or toy vehicle shall attach the same or himself/herself
to any vehicle upon a roadway. Neither shall the driver of a vehicle
knowingly pull a rider behind a vehicle.
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.
[R.O. 2003 § 340.135; Ord. No.
7.003 § 1, 7-15-1986]
A.
No conductor or engineer or other person in charge of any railroad
locomotive, when the same is in motion within the City, shall fail,
refuse or neglect to cause the engine bell or other warning signal
to be rung on the approach of the same to any street crossing, or
when any person or animal may be upon the railroad track to avoid
any danger or harm, or shall fail, neglect or refuse to slacken the
speed of such locomotive so as to give such person or animal a reasonable
opportunity to avoid injury.
B.
No person shall allow any locomotive or car or train to remain stationary
or cause to switch or change directions with any engine or train or
car in such a manner as to obstruct any street or the traffic thereon
for a longer period than ten (10) minutes.
C.
It shall be unlawful for any engineer, railroad employee or other
person to operate, drive, propel or run, or cause to be operated,
driven, propelled or run, any locomotive engine, railroad passenger
car or freight car or train or cars upon any railroad tracks within
the City limits of the City of Marceline at a greater speed than ten
(10) miles per hour.
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.
Every person operating a motor vehicle on the highways and roadways
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.
A.
All
vehicles not in motion shall be placed with their right side as near
the right-hand side of the highway as practicable, except on streets
of the City where vehicles are obliged to move in one (1) direction
only or parking of motor vehicles is regulated by ordinance.
B.
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;
4.
Upon a roadway designated by local ordinance as a one-way street
and marked or signed for one-way traffic.
C.
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 semicircular
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.
D.
The
Chief of Police may erect signs temporarily designating lanes to be
used by traffic moving in a particular direction, regardless of the
center line of the highway, and Police Officers may direct traffic
in conformance with such signs. When authorized signs have been erected
designating off-center traffic lanes, no person shall disobey the
instructions given by such signs.
E.
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 State 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
(1/2) of the main traveled portion of the roadway whenever possible.
F.
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.
G.
All trucks registered for a gross weight of more than forty-eight
thousand (48,000) pounds shall not be driven in the far left-hand
lane upon all interstate highways, freeways, or expressways within
urbanized areas of the State having three (3) or more lanes of traffic
proceeding in the same direction. This restriction shall not apply
when:
H.
As used in Subsection (G) of this Section, "truck" means any vehicle, machine, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed for or used in the transportation of property upon the highways. The term "truck" also includes a commercial motor vehicle as defined in Section 300.010 of this Title.
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.
Passing To The Right Of Another Vehicle.
1.
The driver of a motor vehicle may overtake and pass to the right
of another vehicle only under the following conditions:
2.
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.
C.
Except when a roadway has been divided into three (3) traffic lanes,
no vehicle shall be driven to the left side of the center line 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.
E.
Notwithstanding
anything herein to the contrary, it shall be unlawful to pass on the
left of a moving vehicle on Main Street USA/Kansas Avenue between
the center of the intersection of Main Street USA/Kansas Avenue and
Santa Fe Avenue and the center of the intersection of Main Street
USA/Kansas Avenue and Lake Street.
[Ord. No. 20-07.05, 7-21-2020]
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 center line 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 day of
January 1954.
A.
Driver Shall Stop, When.
1.
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.
2.
"School bus" includes Head Start buses that meet the requirements
set out in Section 304.050.1(2), RSMo.
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.
E.
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.
F.
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.
G.
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.
Preferential right-of-way at an intersection may be indicated by
stop signs or yield signs as authorized in Section 304.351, RSMo.:
1.
Except when directed to proceed by a Police Officer or traffic-control
signal, every driver of a vehicle approaching a stop intersection
indicated by a stop sign shall stop at a clearly marked stop line,
but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic in the
intersecting roadway before entering the intersection. After having
stopped, the driver shall yield the right-of-way to any vehicle which
has entered the intersection from another highway or which is approaching
so closely on the highway as to constitute an immediate hazard during
the time when such driver is moving across or within the intersection.
2.
The driver of a vehicle approaching a yield sign shall in obedience
to the sign slow down to a speed reasonable to the existing conditions
and, if required for safety to stop, shall stop at a clearly marked
stop line, but if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway. After slowing or stopping the driver shall yield
the right-of-way to any vehicle in the intersection or approaching
on another highway so closely as to constitute an immediate hazard
during the time such traffic is moving across or within the intersection.
F.
The driver of a vehicle about to enter or cross a highway from an
alley, building or any private road or driveway shall yield the right-of-way
to all vehicles approaching on the highway to be entered.
G.
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.
[1]
State Law Reference: This Section has additional penalties
based on certain circumstances, § 304.351, RSMo.
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.
A.
COMMERCIAL MOTOR VEHICLE
ELECTRONIC COMMUNICATION DEVICE
1.
2.
HIGHWAY
NON-COMMERCIAL MOTOR VEHICLE
OPERATING
OPERATOR
SCHOOL BUS
VOICE-OPERATED OR HANDS-FREE FEATURE OR FUNCTION
As used in this Section, the following
terms shall mean:
The same meaning as is ascribed to such term in Section 302.700,
RSMo.
A portable device that is used to initiate, receive, store,
or view communication, information, images, or data electronically.
Such term shall include but not be limited to: cellular telephones;
portable telephones; text-messaging devices; personal digital assistants;
pagers; broadband personal communication devices; electronic devices
with mobile data access; computers, including but not limited to tablets,
laptops, notebook computers, and electronic or video game systems;
devices capable of transmitting, retrieving, or displaying a video,
movie, broadcast television image, or visual image; and any substantially
similar device that is used to initiate or receive communication or
store and review information, videos, images, or data.
Such term shall not include: radios; citizens band radios; commercial
two-way radio communication devices or their functional equivalent;
subscription-based emergency communication devices; prescribed medical
devices; amateur or ham radio devices; or global positioning system
receivers, security, navigation, communication, or remote diagnostics
systems permanently affixed to the vehicle.
The same meaning as is ascribed to such term in Section 302.010,
RSMo.
The same meaning as is ascribed to such term in Section 302.700,
RSMo.
The actual physical control of a vehicle.
A person who is in actual physical control of a vehicle.
The same meaning as is ascribed to such term in Section 302.700,
RSMo.
A feature or function, whether internally installed or externally
attached or connected to an electronic communication device, that
allows a person to use an electronic communication device without
the use of either hand, except to activate, deactivate, or initiate
the feature or function with a single touch or single swipe.
B.
Except
as otherwise provided in this Section, while operating a non-commercial
motor vehicle or commercial motor vehicle on any highway or property
open to the public for vehicular traffic in this City, no operator
shall:
1.
Physically hold or support, with any part of his or her body, an
electronic communication device;
2.
Write, send, or read any text-based communication, including but not limited to a text message, instant message, email, or social media interaction on an electronic communication device. This Subsection (B)(2) shall not apply to operators of a non-commercial motor vehicle using a voice-operated or hands-free feature or function that converts the message to be sent as a message in a written form, provided that the operator does not divert his or her attention from lawful operation of the vehicle;
3.
Make any communication on an electronic communication device, including
a phone call, voice message, or one-way voice communication; provided,
however, that this prohibition shall not apply to use of a voice-operated
or hands-free feature or function;
4.
Engage in any form of electronic data retrieval or electronic data
communication on an electronic communication device;
5.
Manually enter letters, numbers, or symbols into any website, search
engine, or application on an electronic communication device;
6.
Watch a video or movie on an electronic communication device, other
than watching data related to the navigation of the vehicle; or
7.
Record, post, send, or broadcast video, including a video conference,
on an electronic communication device, provided that this prohibition
shall not apply to electronic devices used for the sole purpose of
continually monitoring operator behavior by recording or broadcasting
video within or outside the vehicle.
C.
The
operator of a school bus shall not use or operate an electronic communication
device while the school bus is in motion unless the device is being
used in a similar manner as a two-way radio to allow live communication
between the operator and school officials or public safety officials.
The operator of a school bus shall not use or operate an electronic
communication device or a two-way radio while loading or unloading
passengers.
D.
This
Section shall not apply to:
1.
Law enforcement officers or operators of emergency vehicles, as such term is defined in Section 300.010, who are both using the electronic communication device and operating the emergency vehicle in the performance of their official duties;
2.
Operators using an electronic communication device for the sole purpose
of reporting an emergency situation and continuing communication with
emergency personnel during the emergency situation;
3.
Operators of non-commercial motor vehicles using an electronic communication
device solely through a voice-operated or hands-free feature or function;
4.
Operators of commercial motor vehicles using a voice-operated or
hands-free feature or function, as long as the operator remains seated
and is restrained by a seat belt as required by law;
5.
Operators of commercial motor vehicles reading a message displayed
on a permanently installed communication device designed for a commercial
motor vehicle with a screen that does not exceed ten (10) inches tall
by ten (10) inches wide in size;
6.
Operators using electronic communication devices while the vehicle
is lawfully stopped or parked;
7.
Commercial motor vehicles that are responding to a request for roadside
assistance, when such response is conducted by a motor club as defined
in Section 385.450, RSMo., or a towing company as defined in Section
304.001, RSMo.;
8.
The use of an electronic communication device to relay information
between a transit or for-hire vehicle operator and that operator's
dispatcher, provided the device is mounted or affixed to the vehicle;
9.
The use of an electronic communication device to access or view a
map for navigational purposes;
10.
The use of an electronic communication device to access or listen
to an audio broadcast or digital audio recording; or
11.
The use of an electronic communication device to relay information
through a transportation network company's digital network to a transportation
network company driver, provided the device is mounted or affixed
to the vehicle.
E.
Except
as otherwise provided in this Subsection, violation of this Section
shall be an ordinance violation. Penalties for violations of this
Section shall be as provided in this Subsection.
1.
For a conviction under this Section where there is no prior conviction
under this Section within the preceding twenty-four (24) months, the
court shall impose a fine of up to one hundred fifty dollars ($150.00).
2.
For a conviction under this Section where there is one (1) prior
conviction under this Section within the preceding twenty-four (24)
months, the court shall impose a fine of up to two hundred fifty dollars
($250.00).
3.
For a conviction under this Section where there are two (2) or more
prior convictions under this Section in the preceding twenty-four
(24) months, the court shall impose a fine of up to five hundred dollars
($500.00).
4.
For a conviction under this Section where the violation occurred
in a work zone when workers are present, as such terms are defined
in Section 304.580, RSMo., or for a conviction under this Section
where the violation occurred in an area designated as a school zone
and marked in any way that would alert a reasonably prudent operator
to the presence of the school zone, the court shall impose a fine
of up to five hundred dollars ($500.00).
5.
A violation of this Section while operating a commercial motor vehicle
shall be deemed a serious traffic violation for purposes of commercial
driver's license disqualification.
F.
A law
enforcement officer who stops a non-commercial motor vehicle for a
violation of this Section shall inform the operator of the operator's
right to decline a search of their electronic communication device.
No warrant shall be issued to confiscate or access an electronic communication
device based on a violation of this Section unless the violation results
in serious bodily injury or death.
G.
A violation
of this Section shall not be used to establish probable cause for
any other violation.
H.
The
provisions of this Section shall be subject to the reporting requirements
set forth in Section 590.650, RSMo.
I.
Prior
to January 1, 2025, a law enforcement officer who stops a non-commercial
motor vehicle for a violation of this Section shall not issue a citation
for a violation of this Section and shall only issue a warning.
J.
No
person shall be stopped, inspected, or detained solely for a violation
of this Section.
[1]
Note: Under certain circumstances a violation of this Section
can be a felony under state law.
A.
ACTIVE EMERGENCY
ACTIVE EMERGENCY ZONE
EMERGENCY RESPONDER
Definitions. As used in this Section,
the following terms shall have the meanings set out herein:
Any incident occurring on a highway, as the term "highway"
is defined in Section 302.010, RSMo., that requires emergency services
from any emergency responder.
Any area upon or around any highway, which is visibly marked
by emergency responders performing work for the purpose of emergency
response, and where an active emergency, or incident removal, is temporarily
occurring. This area includes the lanes of highway leading up to an
active emergency or incident removal, beginning within three hundred
(300) feet of visual sighting of:
Any Law Enforcement Officer, paid or volunteer firefighter,
first responder, emergency medical worker, tow truck operator, or
other emergency personnel responding to an emergency on a highway.
B.
Offense Of Endangerment Of An Emergency Responder, Elements.
1.
A person commits the offense of endangerment of an emergency
responder for any of the following offenses when the offense occurs
within an active emergency zone:
a.
Exceeding the posted speed limit by fifteen (15) miles per hour
or more;
c.
Failure to stop for an active emergency zone flagman or emergency
responder, or failure to obey traffic control devices erected, or
personnel posted, in the active emergency zone for purposes of controlling
the flow of motor vehicles through the zone;
d.
Driving through or around an active emergency zone via any lane
not clearly designated for motorists to control the flow of traffic
through or around the active emergency zone;
e.
Physically assaulting, attempting to assault, or threatening
to assault an emergency responder with a motor vehicle or other instrument;
or
f.
Intentionally striking, moving or altering barrels, barriers,
signs or other devices erected to control the flow of traffic to protect
emergency responders and motorists unless the action was necessary
to avoid an obstacle, an emergency, or to protect the health and safety
of an occupant of the motor vehicle or of another person.
2.
Except for the offense established under Subsection (B)(1)(f) of this Section, no person shall be deemed to have committed the offense of endangerment of an emergency responder except when the act or omission constituting the offense occurred when one (1) or more emergency responders were responding to an active emergency.
3.
No person shall be cited for, or found guilty of, endangerment of an emergency responder or aggravated endangerment of an emergency responder, for any act or omission otherwise constituting an offense under Subsection (B)(1) of this Section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle, or from the negligence of another person or emergency responder.
C.
Violations, Penalties.
1.
Upon the first conviction, finding of guilt or plea of guilty by any person for a moving violation, as the term "moving violation" is defined in Section 302.010, RSMo., or any offense listed in Section 302.302, RSMo., other than a violation described in Subsection (C)(2) of this Section, when the violation or offense occurs within an active emergency zone, the court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt, or plea of guilty, the court shall assess a fine of seventy-five dollars ($75.00) in addition to any other fine authorized by law.
2.
Upon the first conviction, finding of guilt or plea of guilty by any person for a speeding violation under either Section 304.009 or 304.010, RSMo., or Chapter 320 of this Code, or a passing violation under Subsection (C)(3) of this Section, when the violation or offense occurs within an active emergency zone and emergency responders were present in such zone at the time of the offense or violation, the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt or plea of guilty, the court shall assess a fine of three hundred dollars ($300.00) in addition to any other fine authorized by law. However, no person assessed an additional fine under this Subsection shall also be assessed an additional fine under Subsection (C)(1) of this Section.
3.
The driver of a motor vehicle shall not overtake or pass another
motor vehicle within an active emergency zone.
4.
The additional fines imposed by this Section shall not be construed
to enhance the assessment of court costs.
[R.O. 2003 § 340.230; Ord. No.
7.001 §§ 7.950, 7.995, 6-18-1985]
A.
No vehicle or combination of vehicles shall be moved or operated
on any highway, street or alley in this municipality having a greater
weight than that described under Section 304.180, RSMo.
B.
Provided, further, that the local officials and State Highway Commission or their legal agents for their respective jurisdiction, whenever by thawing of frost, rains, or soft conditions due to construction, reconstruction and maintenance, adverse critical weather conditions, or other causes detrimental to the surface or physical condition of such highways, streets and alleys in this municipality, are hereby authorized to limit such weights described under Subsection (A) to such an amount in such manner as will preserve their economical use by the general public.
C.
Any person who violates any provisions of this Section shall be deemed
guilty of an ordinance violation.
[R.O. 2003 § 340.240; Ord. No.
7.001 §§ 7.980, 7.995, 6-18-1985]
A.
It shall be unlawful for any person or persons driving a motor vehicle
carrying livestock, garbage, carrion, fecal matter, or any odoriferous
cargo which may be declared to be a public nuisance detrimental to
public health and welfare to park the same within two hundred (200)
feet of any residence or business establishments [except for loading
or unloading purposes and then not exceeding thirty (30) minutes]
at any area or place in this municipality. It shall further be unlawful
to park such motor vehicle, empty, which has been hauling or contains
such described odoriferous matter which may likewise be classed as
a nuisance within two hundred (200) feet of any residence or business
establishment in this municipality, until the same has been thoroughly
cleaned and disinfected according to the orders of health officials.
B.
Any person who violates any provision of this Section shall be deemed
guilty of an ordinance violation.
[R.O. 2003 § 340.250; Ord. No.
7.001 § 7.1090, 6-18-1985]
A.
It shall be unlawful for any person to operate a motor vehicle within
the boundary of Disney Park except on those areas prepared or designated
as roadways or driveways.
B.
The hours for the use of said park by the public shall be from sunrise
each morning until 12:00 Midnight.
C.
It shall be unlawful for any person to be in Disney Park at any time
between 12:00 Midnight and sunrise.
