A.
It shall be the duty of the officers of the Police Department or
such officers as are assigned by the Chief of Police to enforce all
traffic laws of the City and all of the State vehicle laws applicable
to traffic in the City.
B.
Officers of the Police Department or such officers as are assigned
by the Chief of Police are hereby authorized to direct all traffic
by voice, hand or signal in conformance with traffic laws; provided
that, in the event of a fire or other emergency or to expedite traffic
or to safeguard pedestrians, officers of the Police Department may
direct traffic as conditions may require notwithstanding the provisions
of the traffic laws.
C.
Officers of the Fire Department, when at
the scene of a fire, or when at the scene of a traffic accident, or
other scene to which they are performing duties within the scope of
their position within the department, may direct or assist the Police
in directing traffic thereat or in the immediate vicinity.
[R.O. 2009 § 310.010; R.O. 2007
§ 310.010; Ord. No. 486 § 3(p-1), 11-16-1973; Ord. No. 2883 § I, 9-10-2009; Ord. No. 2887 § II, 9-28-2009]
D.
The Superintendent of Schools of the Bolivar
R-1 School District and the president of Southwest Baptist University
or the officials of those institutions that are directly responsible
to the superintendent or president, and that are appointed in writing
by those chief executive officers, are hereby authorized and empowered
to appoint in writing specific employees of the district and university
to act as traffic control agents (respectively, the "School District
Traffic Control Agents" and the "University Traffic Control Agents")
for the purpose and with the power to expedite and control traffic
flows and to safeguard pedestrians by directing traffic on, entering
or leaving, or pedestrians walking on or across public streets that
are adjacent to their respective campuses during periods when vehicle
or pedestrian traffic is heavy or excessive as determined in the discretion
of the appointing authority. All direction of a Traffic Control Agent
shall be by voice, hands, signs or signals in conformance with traffic
laws or as conditions may require notwithstanding the provisions of
the traffic laws. The name and address together with a photograph
of each employee appointed as a School District Traffic Control Agent
or a University Traffic Control Agent shall be reported in writing
within three (3) business days of the appointment to the Bolivar Chief
of Police or his designee. While directing traffic, the agent shall
wear a vest or other item of clothing that clearly reflects that he
is a Traffic Control Agent. Such agent shall act under the supervision
and control of the school district or university that appointed the
agent and not of the City; provided that the Chief of Police and each
of the Police Department's duly commissioned officer is hereby authorized
and empowered to assume the duties of traffic control and to either
work with the agent to control traffic or to direct such agent to
cease his traffic control activities.
[R.O. 2009 § 310.010; R.O. 2007
§ 310.010; Ord. No. 486 § 3(p-1), 11-16-1973; Ord. No. 2883 § I, 9-10-2009; Ord. No. 2887 § II, 9-28-2009]
[R.O. 2009 § 310.020; R.O. 2007
§ 310.020; Ord. No. 486 § 3(p-2), 11-16-1973; Ord. No. 2887 § III, 9-28-2009]
No person shall knowingly fail or refuse to comply with any lawful order or direction of a Police Office, Fire Department official, School District Traffic Control Agent or University Traffic Control Agent. An order shall be lawful if the order is intended to expedite or control traffic flow or to protect pedestrians, whether or not the order or direction is otherwise consistent with the traffic ordinances of the City. Failure to comply with a lawful order of any person empowered in this Chapter to direct or control vehicular or pedestrian traffic shall be deemed guilty of an ordinance violation.
Every person propelling any pushcart or riding an animal upon
a roadway, and every person driving any animal-drawn vehicle, shall
be subject to the provisions of this Title applicable to the driver
of any vehicle, except those provisions of this Title which by their
very nature can have no application.
No person upon roller skates, or riding in or by means of any
coaster, toy vehicle, skateboard or similar device, shall go upon
any roadway except while crossing a street on a crosswalk and when
so crossing such person shall be granted all of the rights and shall
be subject to all of the duties applicable to pedestrians. This Section
shall not apply upon any street while set aside as a play street as
authorized by ordinance of the City.
The provisions of this Title shall apply to the driver of any
vehicle owned by or used in the service of the United States Government,
this State, County or City and it shall be unlawful for any said driver
to violate any of the provisions of this Title, except as otherwise
permitted in this Title.
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 310.070 of this Chapter, 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 vehicle displaying lighted red or red
and blue lights, or a stationary vehicle displaying lighted amber
or amber and white 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.
Responsibilities Of Driver Of Emergency Vehicle.
1.
The driver of any "emergency vehicle" defined in Section 300.010 of this Code shall not sound the siren thereon or have the front red lights or blue lights on except when such vehicle is responding to an emergency call or when in pursuit of an actual or suspected law violator, or when responding to, but not upon returning from, a fire.
2.
The driver of an emergency vehicle may:
a.
Park or stand irrespective of the provisions of Sections 304.014
to 304.025, RSMo., and the provisions of this Code;
b.
Proceed past a red or stop signal or stop sign, but only after
slowing down as may be necessary for safe operation;
c.
Exceed the prima facie speed limit so long as the driver does
not endanger life or property;
d.
Disregard regulations governing direction of movement or turning
in specified directions.
3.
The exemptions granted to an emergency vehicle pursuant to Subsection (C)(2) of this Section shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one (1) lighted lamp displaying a red light or blue light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle.
D.
No person shall purchase an emergency light as described in this
Section without furnishing the seller of such light an affidavit stating
that the light will be used exclusively for emergency vehicle purposes.
A.
Motor vehicles and equipment, not otherwise defined in this Title as an authorized emergency vehicle, which are operated by any member of an organized Fire Department, ambulance association or rescue squad, whether paid or volunteer, may be operated on streets and highways in this City as an emergency vehicle under the provisions of Section 310.060 of this Chapter, while responding to a fire call or ambulance call or at the scene of a fire call or ambulance call and while using or sounding a warning siren and using or displaying thereon fixed, flashing or rotating blue lights, but sirens and blue lights shall be used only in bona fide emergencies.
B.
Use
Of Other Authorized Lights.
1.
Notwithstanding Subsection (A) of this Section, the following vehicles may use or display fixed, flashing, or rotating red or red and blue lights:
a.
Emergency vehicles, as defined in Section 304.022, RSMo., when responding
to an emergency.
c.
Vehicles and equipment owned or leased by a contractor or subcontractor
performing work for the Department of Transportation, except that
the red or red and blue lights shall be displayed on vehicles or equipment
described in this Subsection only between dusk and dawn, when such
vehicles or equipment are stationary, such vehicles or equipment are
located in a work zone as defined in Section 304.580, RSMo., highway
workers, as defined in Section 304.580, RSMo., are present, and such
work zone is designated by a sign or signs. No more than two (2) vehicles
or pieces of equipment in a work zone may display fixed, flashing
or rotating lights under this Subsection.
2.
The following vehicles and equipment may use or display fixed, flashing,
or rotating amber or amber and white lights:
a.
Vehicles and equipment owned or leased by the State Highways and
Transportation Commission and operated by an authorized employee of
the Department of Transportation.
b.
Vehicles and equipment owned or leased by a contractor or subcontractor
performing work for the Department of Transportation, except that
the amber or amber and white lights shall be displayed on vehicles
described in this Subsection only when such vehicles or equipment
are located in a work zone, as defined in Section 304.580, RSMo.,
highway workers, as defined in Section 304.580, RSMo., are present,
and such work zone is designated by a sign or signs.
c.
Vehicles and equipment operated by a utility worker performing work
for the utility, except that the amber or amber and white lights shall
be displayed on vehicles described in this Subsection only when such
vehicles are stationary, such vehicles or equipment are located in
a work zone, as defined in Section 304.580, RSMo., a utility worker
is present, and such work zone is designated by a sign or signs. As
used in this Subsection, the term "utility worker" means any employee
while in performance of his or her job duties, including any person
employed under contract of a utility that provides gas, heat, electricity,
water, steam, telecommunications or cable services, or sewer services,
whether privately, municipally, or cooperatively owned.
C.
Permits
for the operation of such vehicles equipped with sirens or blue lights
shall be in writing and shall be issued and may be revoked by the
Chief of an organized Fire Department, organized Ambulance Association,
Rescue Squad, or the State Highways and Transportation Commission
and no person shall use or display a siren or blue lights on a motor
vehicle, fire, ambulance, or rescue equipment without a valid permit
authorizing the use. A permit to use a siren or lights as heretofore
set out does not relieve the operator of the vehicle so equipped with
complying with all other traffic laws and regulations. Violation of
this Section constitutes an ordinance violation.
The driver of a vehicle involved in an accident within the City
resulting in injury to or death of any person or total property damage
to an apparent extent of five hundred dollars ($500.00) or more to
one (1) person shall give or cause to be given notice of such accident
to the Police Department as soon as reasonably possible.
The driver of a vehicle which is in any manner involved in an
accident resulting in bodily injury to or death of any person or total
property damage to an apparent extent of five hundred dollars ($500.00)
or more to one (1) person shall, within five (5) days after such accident,
forward a written report of such accident to the Police Department.
The provisions of this Section shall not be applicable when the accident
has been investigated at the scene by a Police Officer while such
driver was present thereat.
A.
Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in Section 310.080 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.
B.
Whenever the driver is physically incapable of making a written report of an accident as required in Section 310.090 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall, within five (5) days after the accident, make such report not made by the driver.
A.
A person commits the offense of leaving the scene of an accident
when:
1.
Being the operator of a vehicle or a vessel involved in an accident
resulting in injury or death or damage to property of another person;
and
2.
Having knowledge of such accident he or she leaves the place of the
injury, damage or accident without stopping and giving the following
information to the other party or to a Law Enforcement Officer, or
if no Law Enforcement Officer is in the vicinity, then to the nearest
law enforcement agency:
B.
For the purposes of this Section, all Law Enforcement Officers shall
have jurisdiction, when invited by an injured person, to enter the
premises of any privately owned property for the purpose of investigating
an accident and performing all necessary duties regarding such accident.
C.
A Law
Enforcement Officer who investigates or receives information of an
accident involving an all-terrain vehicle and also involving the loss
of life or serious physical injury shall make a written report of
the investigation or information received and such additional facts
relating to the accident as may come to his or her knowledge, mail
the information to the Department of Public Safety, and keep a record
thereof in his or her office.
D.
The
provisions of this Section shall not apply to the operation of all-terrain
vehicles when property damage is sustained in sanctioned all-terrain
vehicle races, derbies and rallies.
[1]
Note: Under certain circumstances this offense can be a felony
under State law.
[R.O. 2009 § 315.050; R.O. 2007
§ 315.060; Ord. No. 2753, 10-11-2007]
A.
It is unlawful for the operator of a tow
truck, for purposes of providing towing or other motor vehicle-related
services for the profit of themselves or an employer, to proceed to
and stop at the scene of a motor vehicle accident within the City,
unless either:
1.
The tow truck operator or their employer
has been requested to proceed to and stop at the scene of the motor
vehicle accident by a party involved in such accident; or
2.
The tow truck operator or their employer
has been requested to proceed to and stop at the scene of the motor
vehicle accident by a Police Officer, Sheriff or Sheriff's Deputy,
any other law enforcement agency, any Fire Department or emergency
service provider or by an officer of any other public safety agency.
B.
For purposes of this Section, in the event
that a tow truck operator or their employer has a valid contract with
any public entity, agency, law enforcement agency or Fire Department
to provide towing or other motor vehicle-related services for profit
and such contract is applicable to the circumstances of any particular
motor vehicle accident, then such services will be presumed to have
been requested by such public entity or agency.
C.
Nothing in this Section will be applied
to prohibit any operator of a tow truck from stopping at the scene
of a motor vehicle accident for the purpose of providing gratuitous
or not-for-profit services, so long as such stops are not in violation
of any other Federal, State or local law or regulation.
D.
Violation of this Section shall be deemed to be an ordinance violation punishable as provided in Section 100.220 of the Code of the City of Bolivar and upon conviction a violation of this Section will be reportable to the Missouri Department of Revenue as an "unlawful tow truck stop" for purposes of Section 302.302.1(16), RSMo.
[R.O. 2009 § 310.080; Ord. No. 2819 § I, 9-11-2008]
A.
As used in this Section, the term "highway"
will mean any public thoroughfare for vehicles, including State roads,
County roads, and all public streets, avenues, boulevards, parkways,
or alleys within the City of Bolivar.
B.
As used in this Section the term "construction
zone" or "work zone" means any area upon or around any highway as
defined in this Section, which is visibly marked by the Missouri Department
of Transportation, or by the City of Bolivar at the direction of the
City Administrator or Director of Public Works, or by a contractor
or subcontractor performing work for the Missouri Department of Transportation
or for the City of Bolivar, as an area where construction, maintenance,
incident removal, or other work is temporarily occurring. The term
"work zone" or "construction zone" also includes the lanes of highway
leading up to the area upon which an activity described in this Subsection
is being performed, beginning at the point where appropriate signs
or traffic control devices are posted or placed.
C.
As used in this Section, the terms "worker"
or "highway worker" will mean any person that is working in a construction
zone or work zone, and will include emergency responders working in
a construction zone or work zone.
D.
As used in this Section, the term "emergency
responders" will mean firefighters, police officers, licensed medical
personnel, and others authorized by State law, rule or regulation,
or by City ordinance, to respond to the scene of an emergency.
E.
A person shall be deemed to commit the
offense of "endangerment of a highway worker" upon conviction for
any of the following when the offense occurs within a construction
zone or work zone:
1.
Exceeding the posted speed limit
by fifteen (15) miles per hour or more;
2.
Passing in violation of Subsection
(4) of Section 304.582, RSMo.;
3.
Failure to stop for a work zone flagman
or failure to obey traffic control devices erected in the construction
zone or work zone for purposes of controlling the flow of motor vehicles
through the zone;
4.
Driving through or around a work
zone by any lane not clearly designated to motorists for the flow
of traffic through or around the work zone;
5.
Physically assaulting, or attempting
to assault, or threatening to assault a highway worker in a construction
zone or work zone, with a motor vehicle or other instrument;
6.
Intentionally striking, moving, or
altering barrels, barriers, signs, or other devices erected to control
the flow of traffic to protect workers and motorists in the work zone
for a reason other than avoidance of an obstacle, an emergency, or
to protect the health and safety of an occupant of the motor vehicle
or of another person; or
7.
Committing any of the following offenses
for which points may be assessed under Section 302.302, RSMo., or
the Code of the City of Bolivar:
a.
Leaving the scene of an accident in violation of Section 577.060, RSMo., or Section 310.110 of the Code of the City of Bolivar;
b.
Careless and imprudent driving in violation of Subsection (4) of Section 304.016, RSMo., or Section 340.160 of the Code of the City of Bolivar;
c.
Operating without a valid license in violation of Subdivision (1) or (2) of Subsection (1) of Section 302.020, RSMo., or Section 380.020 of the Code of the City of Bolivar;
d.
Operating with a suspended or revoked
license;
e.
Driving while in an intoxicated condition
or under the influence of controlled substances or drugs or driving
with an excessive blood alcohol content;
f.
Any offense that would otherwise
be classified as a felony involving the use of a motor vehicle pursuant
to the Revised Statutes of Missouri.
F.
The offense of endangerment of a highway worker under Subsection (E) of this Section if no injury or death to a highway worker resulted from the offense is an ordinance violation. Upon conviction or a plea of guilty for committing the offense of endangerment of a highway worker under Subsection (D) of this Section if no injury or death to a highway worker resulted from the offense, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than three hundred dollars ($300.00) and shall have four (4) points assessed to his or her driver's license under Section 302.302, RSMo.
[Ord. No. 3383, 9-26-2017]
G.
A person shall be deemed to commit the offense of "aggravated endangerment of a highway worker" upon conviction or a plea of guilty for any offense under Subsection (E) of this Section when such offense occurs in a construction zone or work zone and results in the injury or death of a highway worker. The offense of "aggravated endangerment of a highway worker" is an ordinance violation. Upon conviction or a plea of guilty for committing the offense of aggravated endangerment of a highway worker, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than five hundred dollars ($500.00). In addition, such person shall have twelve (12) points assessed to their driver's license under Section 302.302, RSMo.
[Ord. No. 3383, 9-26-2017]
H.
Except for the offense established under Subsection (E)(6) of this Section, no person shall be deemed to commit the offense of endangerment of a highway worker except when the act or omission constituting the offense occurred when one (1) or more highway workers were in the construction zone or work zone.
I.
No person shall be cited or convicted for endangerment of a highway worker or aggravated endangerment of a highway worker, for any act or omission otherwise constituting an offense under Subsection (E) 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 a highway worker.
