1651 Bill No 651 Minor Traffic

AN ORDINANCE FOR MINOR TRAFFIC VIOLATIONS SETTING FORTH SPECIFIC PROHIBITIONS; GENERAL REQUIREMENTS; PENALTY; PAYMENT OF COURT COSTS AND/OR COMMUNITY SERVICE FEES; CONFINEMENT; LIST OF MINOR TRAFFIC VIOLATIONS WITH INDIVIDUAL PROHIBITIONS SET FORTH

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BE IT ORDAINED, by the Board of Aldermen of the City of Rich Hill, Missouri, as follows:

ARTICLE I – MINOR TRAFFIC VIOLATION

Section 1 – Definition

Section 2 – Penalty for minor traffic violations

Section 3 – Confinement

Section 4 –  Court costs; community service fees; other costs or fees

Section 5 –  Unpaid fines and court costs

Sections 6 through 9 – Reserved

ARTICLE II –MINOR TRAFFIC RULES, REGULATIONS AND PROHIBITIONS

Section 10 – Definitions

Section 11 –  Model Traffic Ordinance adopted

Section 12 – Applicability

Section 13 – Parties to violation

Section 14 – Offenses by person owning or controlling vehicles, when not a minor traffic violation

Section 15 –  Driver’s license, when not a minor traffic violation

Section 16 –  Presumption in reference to illegal parking

Section 17 –  Parking, standing and stopping prohibitions

Section 18 – Operation of motor vehicles upon City-owned property; additional penalty

Section 19 – Vehicle registration

Section 20 – Financial Responsibility, when not a minor traffic violation

Section 21 –  Use of hand or mechanical signals

Section 22 – Proper vehicle equipment, condition required, helmet required

Section 23 –  Head light, tail light and other lights defined, requirements

Section 24 – Seat belt and child safety restrains required, exemptions, penalty

Section 25 –  Careful, prudent driving required, when not a minor traffic violation

Section 26 – Driving on right half of roadway

Section 27 –  Passing regulations

Section 28 – Speed limits

Section 29 – Racing

Section 30 – Right-of-way generally

Section 31 – Pedestrian right-of-way

Section 32 – Stop and yield signs

Section 33 – Flee or attempt to elude police officer

Section 34 – Unlawful riding

Section 35 – Passengers in truck beds

Section 36 – Removing, crossing street barriers

Section 37 – Driving on freshly oiled streets

Section 38 – Hauling regulations

Section 39 – Miscellaneous moving traffic violation and other regulations:

Funeral processions; Excessive noise; Vehicles injuring pavement; Putting glass, tacks, etc. on roadways; Responsibilities concerning emergency vehicles; Following too closely; Stop and speed requirements at railroad grade crossing

Sections 40 through 45 – Reserved

ARTICLE III – BICYCLE, MOTORIZED BICYCLES, COASTERS, SKATEBOARDS, ROLLER SKATES, IN-LINE SKATES, TOY VEHICLES AND OTHER SUCH DEVICES RULES AND REGULATIONS

Section 46 – Applicability; compliance

Section 47 – Police authority to impound

Section 48 – Traffic laws apply

Section 49 –  Riding regulations and prohibitions

Section 50 – Liability of parent or guardian

Sections 51 and 55 – Reserved

ARTICLE IV – GOLF CART AND MOTORIZED WHEELCHAIR DEFINITIONS, REGULATIONS AND PROHIBITIONS

Section 56 – Definitions

Section 57 – Applicability; compliance

Section 58 – Traffic laws apply

Section 59 – Requirements for operation

Section 60 – Prohibitions

Sections 61 through 63 – Reserved

ARTICLE V – ALL-TERRAIN VEHICLE DEFINITION, REGULATIONS AND PROHIBITIONS

Section 64 – Definition

Section 65 – Applicability; compliance

Section 66 – Traffic laws apply

Section 67 – Restrictions

Section 68 – Requirements, when not a minor traffic violation

Section 69 – Prohibitions

Sections 70 and 71 – Reserved

ARTICLE VI – UTILITY VEHICLE DEFINITION, REGULATIONS AND PROHIBITIONS

Section 72 – Definition

Section 73 – Applicability; compliance

Section 74 – Traffic laws apply

Section 75 – Restrictions

Section 76 – Requirements, when not a minor traffic violation

Section 77 –  Prohibitions

ARTICLE I

MINOR TRAFFIC VIOLATION

SECTION 1 – Definition

The following offenses shall be classified as minor traffic violations:

1)         Any charge for which the Department of Revenue is authorized to assess 0 to 4 points to a person’s driving record upon conviction, including the following or an amendment thereto:

  • Any moving violation of a traffic ordinance not listed pursuant to Missouri Revised Statute 302-302.1 other than a vehicle equipment provision or a court ordered supervision as set forth in Missouri Revised Statute § 302.303 (includes violations involving all-terrain vehicles, utility vehicles and golf carts) (2 points);
  • Stop sign violation when no accident is involved (1 point);
  • Speeding under 19 miles over the stated speed limit (2 points);
  • Careless and imprudent driving (2 points);
  • Operating without a valid driver’s license:
  • First conviction (2 points);
  • Second conviction (4 points)
  • Knowingly permitting an unlicensed operator to operate a motor vehicle (4 points);
  • Failure to maintain insurance/proof of financial responsibility  (4 points);
  • Endangerment of a highway worker (4 points);
  • Tow truck drivers stopping at or proceeding to the scene of an accident unless requested to the scene by a party involved in the accident or by a law enforcement officer (4 points);
  • Endangerment of an emergency first responder (4 points).

2)         Defective equipment as an original charge.

3)         No additional charges shall be issued for a failure to appear on a minor traffic violation.

SECTION 2 – Penalty for minor traffic violations

a. Fines, including court costs, shall not exceed $225.00. The Court shall adopt an electronic payment system or payment by mail for the payment of minor traffic violations.

b. A fail to appear suspension shall not be issued against a Defendant who:

  • Fails to dispose of the charges of which he/she is accused through authorized prepayment of fine and court costs;
  • Fails to appear on the return date or at any subsequent date to which the case has been continued; or
  • Without good cause fails to pay any fine or court costs assessed against him/her for any violation within the period of time specified or in installments as approved by the court or as otherwise provided by law.

SECTION 3 – Confinement

a. The Court shall not sentence a person to confinement, except the Court may sentence a person to confinement for any violation involving alcohol or controlled substances, endangering the health or welfare of others or eluding or giving false information to a law enforcement officer.

b. The Court shall not sentence a person to confinement for failure to pay a fine unless the nonpayment violates terms of probation.

c. Defendants in custody shall not be held more than 24 hours without a warrant after arrest.

d. Defendants in custody pursuant to an initial arrest warrant issued by a the Court shall be heard by a judge in person, by telephone or video conferencing as soon as practicable but not later than 48 hours, and if not given the opportunity to be heard, shall be released.

SECTION 4 – Court costs; community service fees; other costs or fees

a. No court costs shall be assessed against indigent defendants or when the charge against the defendant is dismissed.

b. No defendant ordered to perform community service shall pay any fee for costs associated with community service alternatives.

SECTION 5 – Unpaid fines and court costs

Collection of fines and court costs may be pursued as follows:

a. Application for probation revocation, if the probation period has not expired;

b. Application for a show cause order to show why the Defendant is not in contempt for non-payment if no probation has been imposed;

c. The Court may report any delinquencies in excess of $25 to the Director of the Department of Revenue and request that the Department seek a setoff of an income tax refund as provided by Missouri Revised Statute §§ 143.782 to 143.788 (See § 470.356).

Sections 6 through 9 – Reserved

ARTICLE II

MINOR TRAFFIC VIOLATIONS RULES, REGULATIONS AND PROHIBITIONS

SECTION 10 – Definitions

The following definitions shall apply to all provisions in this Ordinance unless a Section provides definitions to the contrary, in which case the definitions in the Section will control.

Alley or alleyway –     any street with a roadway of less than 25 feet wide

Authorized emergency vehicle – a vehicle publicly owned and operated as an ambulance; or a vehicle publicly owned and operated by the state highway patrol, police or fire department, sheriff or deputy or traffic officer; a privately owned vehicle operated as an ambulance when responding to an emergency call

Bicycle – every vehicle propelled solely by human power upon which any person may ride that has 2 or more tandem wheels and designed to have a seating surface for the rider, except scooters and similar devices

Bicyclist – a person operating or in actual physical control of a bicycle, including a person on foot walking a bicycle

Chief of Police – Chief of Police or his authorized representative

City Clerk – City Clerk or her authorized representative

City-owned property – any and all property owned or leased by the City, including, but not limited to, the East and West parks, the baseball field and the medians between divided roadways

Commercial vehicle – every vehicle designed, maintained or used primarily for the transportation of property

Crosswalk – that part of a roadway at an intersection included within the lateral lines of the sidewalks on opposite sides of the roadway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the roadway or by a sign

Curb loading zone – a space adjacent to a curb reserved for the exclusive use of vehicles during loading or unloading of passengers or materials

Driver – every person who drives or is in actual physical control of a vehicle

Driver’s license – an operator’s or driver’s license, temporary instruction permit, chauffeur’s or registered operator’s license issued under the laws of this state

Financial responsibility –  proof of ability to respond in damages for liability due to accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of $25,000.00 for bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of $50,000.00 for bodily injury to or death of two or more persons in any one accident, and in the amount of $10,000.00 for injury to or destruction of property of others in any one accident or other amounts that may be required by Missouri Revised Statute § 303.020, if amended subsequent to the adoption of this Ordinance.

Highway – the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Intersection:

  • The lateral boundary lines of the roadways of two highways that join one another at or approximately at right angles; or
  • The area within which vehicles travelling upon different roadways or highways joining at any other angle that may come into conflict; or
  • When a highway that includes two roadways 30 feet or more apart, every crossing of each roadway of the divided highway by an intersecting highway shall be a separate intersection; or
  • When an intersecting highway includes two roadways 30 feet or more apart, then every crossing of two roadways of the highway shall be a separate intersection

Moped – see definition of motorized bicycle

Motor scooterany 2-wheeled, 3-wheeled or 4-wheeled device operated while standing and having an automatic transmission; a motor with a cylinder capacity of less than 50 cubic centimeters; produces less than 3 gross brake horsepower; and is capable of propelling the device at a maximum speed that does not exceed more than 30 miles per hour on level ground.

Motor vehicle –a self-propelled vehicle that is designed for use upon a roadway, except trailers designed for use with such vehicles, traction engines, road rollers, farm tractors, tractor cranes, power shovels, well drillers and motorized bicycles, as defined in Missouri Revised Statute § 307.180, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails

Motorcycle – every motor vehicle having a seat or saddle for the use of the rider that is designed to travel on not more than 3 wheels in contact with the ground, excluding a tractor

Motorized bicycle – any 2-wheeled or 3-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than 50 cubic centimeters;  produces less than 3 gross brake horsepower; and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.  This includes a device commonly known as a moped.

Owner – any person, including a joint owner, who holds the legal title to a motor vehicle; or if a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with immediate right of possession vested in the purchaser or lessee; or if a mortgagor of a motor vehicle is entitled to possession of the motor vehicle, then the conditional vendee, lessee or mortgagor

Park or parking – a vehicle standing, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading of merchandise or passengers

Pedestrian – any person afoot

Play devices – coasters, sleds, roller skates, skateboards, toy vehicle, scooters without motorized components (except those used by a physically disabled person) and other similar devices

Police officer – every officer of any police department or any officer authorized to direct or regulate or to make arrests for violations of traffic regulations

Private road or driveway – every way or place in private ownership used for vehicular travel by the owner and those who have express or implied permission from the owner

Registration – a registration certificate and registration plates issued under the laws of this state pertaining to the registration of motor vehicles

Physically disabled – a natural person with medical disabilities that prohibit, limit or severely impair one’s ability to ambulate or walk as determined by a licensed physician or other authorized health care practitioner as follows:

  • The person cannot ambulate or walk 50 or less feet without stopping to rest due to a severe and disabling arthritic, neurological, orthopedic or other severe and disabling condition; or
  • The person cannot ambulate or walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair or other assistive device; or
  • Is restricted by a respiratory or other disease to such an extent that the person uses portable oxygen; or
  • Has a severe cardiac condition; or
  • Would otherwise be entitled to a distinguishing license plate or card issued pursuant to Missouri Revised Statutes§ 301.071 or 301.142.

Right-of-way – the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under direction, speed and proximity that could cause a danger of collision unless one grants precedence to the other

Roadway – that portion of a highway designed or ordinarily used for vehicular travel, exclusive of berm or shoulder; shall also include highways, streets, alleys, alleyways, boulevards, avenues, parkways, traffic ways and, in general, every surface designed to accommodate vehicular traffic

Sidewalk – that portion of a roadway between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for use of pedestrians

Skateboard – every vehicle propelled solely by human power upon which any person may ride that has 4 or more wheels and is designed to primarily be operated from a standing position

Stand or standing – the halting of a vehicle, whether occupied or not, other than for the purpose of and while actually engaged in receiving or discharging passengers

Stop – when required, a complete cessation from movement

Stop or stopping – when prohibited, any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police office or traffic control sign or signal

Street – the entire width between the lines of every way publicly maintained when any part thereof is open to public use for vehicular travel

Through highway – every highway or portion on which vehicular traffic is given preferential rights-of-way and at the entrances when vehicular traffic from an intersecting highway is required to yield right-of-way to vehicles on the through highway in obedience to a stop sign or yield sign

Traffic – pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for travel

Traffic way – all streets, alleys and parking areas normally used and designated as such

Vehicle – any mechanical device on wheels, designed primarily for use or used on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, cotton trailers or motorized wheelchairs or scooters operated by physically disabled persons

SECTION 11Model Traffic Ordinance, Missouri Revised Statutes, Chapter 300 adopted.

This Ordinance shall be administered and enforced in accordance with the Missouri Revised Statutes, Chapter 300.

SECTION 12 – Applicability

a. The provisions of this Ordinance relating to the operation of vehicles refer exclusively to the operation of vehicles upon roadways within the City limits and upon streets, drives and parking areas of the Rich Hill School District within the City and upon any streets, highways, alleys, roadways and elsewhere within the City limits, except when a different place is specifically referred to in a given Section

b. Unless specifically made applicable, the provisions of this Ordinance shall not apply to persons, motor vehicles and equipment while actually engaged in work upon a roadway, but shall apply to such persons and vehicles when traveling to and from such work.

c. This ordinance is applicable to all persons who are 15 years of age or older as provided in Missouri Revised Statute § 211.031.

SECTION 13 – Parties to violation

Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act declared in this Ordinance to be unlawful, whether individually or in connection with 1 or more other persons or as a principal, agent or accessory, may be found guilty of such offense, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of this Ordinance is likewise guilty of such offense.

SECTION 14 – Offenses by persons owning or controlling, but not operating a vehicle; when not a minor traffic violation

a. No owner or any other person, employing or otherwise directing the driver of any vehicle, shall require or knowingly permit the operation of the vehicle upon a roadway in any manner contrary to this Ordinance.

b. No owner or driver of any motor vehicle shall authorize, allow or permit any vehicle to be driven upon any roadway within the City limit by any person who does not possess the appropriate valid driver’s license or permit.

c. It is no longer a minor traffic violation, subject to the limitations of Article I, for a conviction of or guilty plea by any individual for allowing an unlicensed driver to operate a vehicle when there is property damage or personal injury.

SECTION 15 – Driver’s license; when not a minor traffic violation

a. No person, except a person expressly exempt by law, shall drive or operate any motor vehicle upon any roadway within the City limit unless such person has a valid driver’s license that is in compliance with the conditions of his driver’s license as to the type of vehicle operated and other restrictions placed upon the license by the state licensing agency.

b. The driver of any motorized bicycle moped or motor scooter shall have a valid driver’s license, but is not required to have a special endorsement such as required for a motorcycle.

c. Any person operating any motor vehicle requiring a driver’s license shall have the license in his possession at such times as he is operating the motor vehicle. Possession shall mean on his person or in the vehicle that he is operating.

d. It is no longer a minor traffic violation, subject to the limitations of Article I, for a second conviction of or guilty plea by any individual for driving without a valid license when there is property damage or personal injury or for third and subsequent convictions or guilty pleas whether or not there is property damage or personal injury.

SECTION 16 – Presumption in reference to illegal parking

In any prosecution charging a violation of any ordinance governing the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the complaint was in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of the violation the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

SECTION 17 – Parking, standing and stopping restrictions

Every vehicle stopped or parked upon a roadway shall be stopped or parked parallel to the edge of the roadway on the right-hand side.

a. Vehicles shall not be parked in the following locations within the City:

1)         Upon any roadway for a period of more than 48 hours;

2)         In any location that blocks any roadway;

3)         In any location marked as a wheelchair space unless the vehicle has either a handicapped license or a handicapped placard appropriately displayed.

  • The police department may cause the removal by towing of any vehicle not displaying a distinguishing license plate or handicapped placard issued by this or any other state from a space designated for the exclusive use of physically disabled persons on either public or private property open to public use when the owner of the private property has designated an area of exclusive use to physically disabled persons.
  • The owners of a towed vehicle shall, prior to regaining possession of the vehicle, pay all costs of storage and towing. This is in addition to any fines assessed by the Court.
  • No person shall park, without authorization, a distinguishing license plate or card issued pursuant to Missouri Revised Statute§ 301.071 or 301.142 in an authorized disabled parking space.

4)         In any location marked and designated as a no parking zone.

5)         No person shall park or store any dead, damaged or disabled vehicle or farm machinery, trailer or semitrailer of any kind or part of the same or any junk vehicles, farm machinery, trailers or semitrailers in the roadways, alleys or between the property line or sidewalk and the curb line of any roadway or alley.

b. No person shall stop, stand or park a vehicle as follows:

1)         No vehicle shall be stopped or parked and left without a driver at any place between a parked car and the center of the roadway.

2)         On a sidewalk;

3)         Within an intersection;

4)         On a crosswalk;

5)         On any railroad tracks or within 50 feet of the nearest rail of a railroad crossing;

6)         In front of a public or private driveway;

7)         Upon any bridge or elevated structure upon a highway;

8)         Within 15 feet of a fire hydrant;

9)         Within 20 feet of a crosswalk at an intersection;

10)       Within 30 feet of the approach to any stop sign located at the side of the roadway;

11)       Within 20 feet of the driveway entrance to any fire station;

12)       Within 75 feet on the roadway opposite the entrance to any fire station when there is a properly posted sign;

13)       At any place marked by official signs that prohibit parking or alongside or adjacent to any curb properly marked with official yellow paint.

14)       Upon the roadway or within the right-of-way of the part of relocated Route 71 that is within the City limits; EXCEPT, this provision shall not apply to:

(a)        vehicles that are disabled and cannot be moved under their own power as long as it is removed within 2 hours;

(b)        emergency vehicles that are being used in police work, fire protection, ambulance service, wrecker service or maintenance work upon the highway

SECTION 18 – Operation of motor vehicles upon City-owned property; additional penalty

a. It shall be unlawful for any person to drive, operate or propel any motor vehicle upon City-owned property not normally used and designated as a street, roadway or traffic way, except vehicles performing normal maintenance duties and operated by City employees or City contractors

b. In addition to any penalties set forth in Article I, the City shall have the right to recover civil damages for any loss to it caused by a person who pleads guilty or who is convicted of violating this Section.

SECTION 19 –Vehicle registration and license plates

a. No person shall operate or drive any motor vehicle upon a roadway within the City limit unless the vehicle carries a current valid license plate or registered number plate or plates, including any registration decal required by the laws of the state and issued to the owner to be displayed on the registered vehicle.

b. No person shall remove, conceal, alter, mark or deface the license plate or plates or any other mark of identification on any vehicle.

c. No person shall place upon or display a license plate or plates or registration decals on any vehicle not lawfully issued for that vehicle.

d. Each license plate shall be securely fastened to the motor vehicle or trailer so that the license plates shall be plainly legible and reasonably clean. License plates may be encased in a transparent cover as long as the plate is clearly visible so its reflective qualities are not impaired.

e. Location of license plates

1)         License plates shall be fastened to the front and rear of all motor vehicles in excess of 12,000 pounds, except trucks, tractors and truck tractors.  The plates shall be not less than 8 or more than 48 inches above the ground with the letters and numbers right side up.

2)         The license plates on trailers, motorcycles, motor tricycles and motor scooters shall be displayed on the rear of the vehicle with the letters and numbers right side up.

3)         The license plate on buses, other than school buses, and on trucks, tractors or truck tractors licensed in excess of 12,000 pounds shall be displayed not less than 3 or more than 48 inches above the ground with the letters and numbers right side up.  If 2 plates are issued for such vehicles, then both the front and rear plates shall be display in the same manner as previously stated.

f. Owners and operators of a motorized bicycle, moped or motor scooter are not required to register such device with the Missouri Department of Revenue and are not required to display a license plate or registration decal upon it.

g. No person shall authorize, permit of park on public roadways any vehicle that does not have current license plates displayed upon the vehicle.

SECTION 20 – Financial Responsibility; when not a minor traffic violation

a. No person owning a motor vehicle shall operate the vehicle or authorize any other person to operate the vehicle unless the owner maintains the required financial responsibility.

b. No person shall operate a motor vehicle owned by another with the knowledge the owner has not maintained financial responsibility unless the person has financial responsibility that covers his operation of the other’s vehicle.

c. No person shall operate a motor vehicle upon the roadways or public rights-of-way within the City limits without an insurance identification card in the motor vehicle at all times. The operator of a motor vehicle shall exhibit the insurance identification card on the demand of any law enforcement officer who lawfully stops the operator while that officer is engaged in the performance of the duties of his office. If the operator fails to exhibit a valid insurance card for the motor vehicle, it shall be deemed to be prima facie evidence of the failure of the operator to maintain the required financial responsibility.

d. Insurance identification cards shall include the following information:

1)         The name and address of the insurer;

2)         The name of the named insured;

3)         The policy number;

4)         The effective dates of the policy, including month, day and year;

5)         A description of the insured motor vehicle including year and make, or at least 5 digits of the vehicle identification number, or the word “fleet” if the insurance policy covers 5 or more motor vehicles;

6)         The statement: “This card must be carried in the insured motor vehicle for production upon demand” prominently displayed on the card, or in the event the operator of the motor vehicle shall be self-insured the insurance identification card shall include the following information:

(a)        Name of the self-insurer;

(b)        The word “SELF-INSURED;”

(c)        The statement: “This card must be carried in the self-insured motor vehicle for production upon demand” prominently displayed on the card.

e. A motor vehicle liability insurance policy, a motor vehicle liability insurance binder or receipt that contains the policy information that is required on an insurance identification card or other satisfactory proof of financial responsibility shall constitute evidence of financial responsibility in lieu of an insurance identification card.

f. It is no longer a minor traffic violation, subject to the limitations of Article I, for a conviction of or guilty plea by any individual for failure to have insurance or failure to provide proof of insurance when there is property damage or personal injury.

SECTION 21 – Use of hand or mechanical signals

No person shall stop or suddenly decrease the speed of or turn a vehicle from a direct course or move right or left on a roadway unless and until such movement can be made with reasonable safety and then only after giving the appropriate signal in the manner provided herein:

1)         When stopping or checking the speed of the vehicle, if the movement of other vehicles may reasonably be affected, the driver shall extend his arm at an angle below horizontal so that his arm may be seen at the rear of the vehicle;

2)         When intending to turn the vehicle to the right, the driver shall extend his arm at an angle above horizontal so that his arm may be seen in front of and at the rear of the vehicle and shall slow down and approach the intersecting roadway as near as practicable to the right side of the roadway along which he is proceeding before turning;

3)         When intending to turn the vehicle to the left, the driver shall extend his arm in a horizontal position so that his arm may be seen at the rear of the vehicle and shall slow down and approach the intersecting roadway so that the left side of the vehicle shall be as near as practicable to the center line of the roadway along which he is proceeding before turning;

4)         The signals herein required shall be given either by means of the hand and arm or by a signal light or signal device in good mechanical condition of a type approved by the state highway patrol;

5)         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 the vehicle, then signals shall be given by a signal light or signal 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:

(a)        the distance from the center of the top of the steering post to the left outside limit of the body, cab or load exceeds 24 inches; or

(b)        the distance from the center of the top of the steering post to the rear limit of the body or load thereon exceeds 14 feet and 14-foot limit shall apply to single vehicles or combinations of vehicles.

(c)        The provisions of this subdivision 5 shall not apply:

i. to any trailer that permits a clear view of the hand signals of the operator or of the signaling device upon the vehicle pulling such trailer; and

ii. to any vehicle registered within this state before January 1, 1954.

SECTION 22 – Proper vehicle equipment, condition required; helmet required

(Missouri Revised Statutes §§ 307.010 through 307.198)

No person shall operate any motor vehicle or bicycle unless same is in the condition and has the equipment required as follows, and upon a guilty plea or finding of guilt, the driver shall be guilty of operating a vehicle with defective equipment:

a. Any motor vehicle manufactured or assembled after January 1, 1936, shall be equipped with safety glass in all doors, windows and windshields;

b. Every vehicle shall be equipped with a forward directed working horn or whistle, emitting a sound of adequate volume to give warning of the approach of such vehicle to other users of the roadway and to pedestrians. This device shall be used for warning purposes only. It shall be unlawful to use such device for making any unnecessary noise;

c. The motors of all motor vehicles shall be fitted with properly attached mufflers. Muffler cutouts shall not be used;

d. No motor vehicle shall be operated in any manner or be in in a condition that excessive noise is made by its machinery, motor, signaling device or other parts.

e. All motor vehicles, except motorcycles, shall have at all times 2 sets of brakes, in good working order; motorcycles shall have 1 set of brakes, in good working order;

f. All motor vehicles that are constructed or loaded so that the driver cannot see the road behind the vehicle by looking back or around the side of the vehicle shall be equipped with a mirror, adjusted to reveal the road behind and be visible from the driver’s seat;

g. All vehicles carrying poles or other objects that project more than 5 feet from the rear of the vehicle when lights are required, shall carry a red light at or near the rear end of the projection. At other times, a red flag or cloth, not less than 16 inches, shall be displayed at the end of the projection;

h. When one motor vehicle is towing another, the connecting device shall not exceed 15 feet. When lights are required, they shall be displayed by both vehicles.  Every towed vehicle shall be coupled to the towing vehicle by a safety chain, cable or equivalent device in addition to the primary coupling device, except that a secondary coupling device shall not be necessary if the connecting device is a center-locking ball located over or nearly over the rear axle and not supported by the rear bumper of the towing vehicle. The 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, vehicles secured to the towing vehicle by a fifth-wheel type connection, to any farm implements or to any vehicle that is not required to be registered;

i. No person shall operate any motor vehicle upon any roadway between April 1 and November 1 while the motor vehicle is equipped with tires containing metal or carbide studs;

j. No person shall operate any passenger motor vehicle upon the roadways if the body of the vehicle has been altered so that the front or rear of the vehicle is raised at such an angle as to obstruct the vision of the vehicle’s driver to the roadway in front or to the rear of the vehicle;

k. Every vehicle operated upon the roadways shall be equipped with front and rear bumpers if the vehicle was equipped with bumpers as standard equipment;

l. Except as set forth in Missouri Revised Statute § 307.173, no person shall operate any motor vehicle on the roadways with any manufactured vision-reducing material applied to any portion of the vehicle’s windshield, side wings or windows located immediately to the left and right of the driver, except that this Section shall not prohibit factory installed tinted glass, the equivalent replacement thereof or tinting material applied to the upper portion of the motor vehicle’s windshield that is normally tinted by the manufacturer of motor vehicle safety glass;

m. No person shall operate or be a passenger on any motorcycle, motor scooter or motor bike unless such person is wearing a type of safety helmet approved by the state department of transportation.

n. No person shall rent, lease or lend any motorcycle, motor scooter or motor bike to any person without first ascertaining that such person is wearing a type of safety helmet approved by the state department of transportation.

SECTION 23 – Head light, tail light and other lights defined, requirements

(All vehicles shall conform to the lighting equipment requirements as set forth in Missouri Revised Statutes §§ 307.020 through 307.127)

a. Definitions

Approved – approved by the Director of Revenue and when applied to lamps and other illuminating devices means that such lamps and devices shall be in good working order

Auxiliary lamp – an additional lighting device on a motor vehicle used primarily to supplement the headlamps in providing general illumination ahead of a vehicle

Brake lights – a lighting device providing general illumination to the rear of a vehicle when the operator applies the brakes to slow or stop his vehicle

Headlamp – a major lighting device capable of providing general illumination ahead of a vehicle

Mounting height – the distance from the center of the lamp to the surface on which the vehicle stands

Multiple-beam headlamps – headlamps or similar devices arranged so as to permit the driver of the vehicle to use one of two or more distributions of light on the road

Reflector – an approved device designed and used to give an indication by reflected light

Single-beam headlamps – headlamps or similar devices arranged so as to permit the driver of the vehicle to use but one distribution of light on the road

Tail lights – a lighting device providing general illumination to the rear of a vehicle that shall be lit whenever headlamps are to be used

Vehicle – every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks

When lighted lamps are required – any time from one half-hour after sunset to one half-hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead. Lighted lamps shall also be required any time the weather conditions require usage of the motor vehicle’s windshield wipers to operate the vehicle in a careful and prudent manner as defined in Missouri Revised Statute § 304.012.   Lighted lamps shall be required during periods of fog even if usage of the windshield wipers is not necessary to operate the vehicle in a careful and prudent manner.

b. Light regulations.

1)         Whenever a vehicle is lawfully parked upon a roadway or shoulder adjacent thereto within the City limit between one half-hour after sunset and one half-hour before sunrise and there is not sufficient light to reveal the vehicle within a distance of 500 feet upon the roadway or shoulder thereto, the parked or stopped vehicle shall be equipped with 1 or more lamps meeting the following requirements:

(a)        At least 1 lamp shall display a white or amber light visible from 500 feet to the front of the vehicle;

(b)        At least 1 lamp shall display a red light visible from 500 feet to the rear of the vehicle;

(c)        At least 1 lamp meeting the requirements of this Section shall be installed as near as practicable to the side of the vehicle that is closer to passing traffic.

2)         No person shall drive or move any vehicle or combination of vehicles on any roadway between one half-hour after sunset until one half-hour before sunrise or at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the roadway at 500 feet ahead without utilizing the following lamps:

(a)        At least 2 approved headlamps mounted at the same level, with at least 1 on each side of the front of the vehicle, except that motorcycles shall be equipped with at least 1 and not more than 2 approved headlamps; and every motorcycle equipped with a sidecar or other attachment shall be equipped with a lamp on the outside limit of such attachment, capable of displaying a white light to the front;

(b)        Every motor vehicle and every motor-drawn vehicle shall be equipped with at least 2 rear lamps, which when lit, shall exhibit a red light plainly visible from 500 feet to the rear; either the rear light or a separate lamp shall illuminate with a white light the rear registration marker so the marker is clearly legible from 50 feet to the rear, except every motorcycle shall also have, either as part of the rear lamp or separately, at least 1 approved red reflector that shall be visible during the times when lighted lamps are required from all distances within 300 feet to 50 feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps;

(c)        Every new passenger car, new commercial motor vehicle, motor-drawn vehicle and omnibus with a capacity of more than 6 passengers registered in this state after January 1, 1966, shall also carry at the rear at least 2 approved red reflectors that shall be visible during the times when lighted lamps are required from all distances within 500 to fifty 50 feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps.

3)         Every person driving a motor vehicle equipped with multiple-beam headlamps shall use the low beam whenever the driver of the vehicle approaches an oncoming vehicle within 500 feet or is within 300 feet of another vehicle traveling in the same direction.

c. Colors of lights when lit, restriction of red and alternately flashing lights

1)         Headlamps shall exhibit lights that are substantially white; Auxiliary lamps, cowl lamps and spotlights shall exhibit lights that are substantially white, yellow or amber; tail lights and brake lights shall exhibit lights that are substantially red.

2)         No person shall drive or move any vehicle or equipment upon any roadway with any lamp or device as follows, except a school bus when used for school activities, an emergency vehicle, vehicles used to transport US mail from the post office to addressees and other exceptions as set forth in Missouri Revised Statutes §§ 307.100 and 304.022:

(a)        displays a red light visible from directly in front of the vehicle; or

(b)        displays alternating flashing lights; or

(c)        has any light or illuminating device, other than headlamps, spot lights, front directional signals or auxiliary lamps that projects a beam of light greater than 300 candlepower that strike the roadway more than 75 feet from the vehicle.

d. All vehicles, including agricultural machinery or implements, road machinery, road rollers, traction engines and farm tractors not specifically required to be equipped with lamps shall be equipped during the times when lighted lamps are required with at least 1 lighted lamp or lantern exhibiting a white light visible from 500 feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from 500 feet to the rear, and such lamps and lanterns shall exhibit lights to the sides of the vehicle.

e. The light requirements for any animal driven vehicle on, upon or along any state or supplementary state highway between sunset and one-half hour before sunrise shall be as follows:

1)         A red taillight or a red reflecting device of not less than 3 inches in diameter or its equivalent shall be attached to the rear of the vehicle.  If the device consists of reflecting buttons, there shall be no less than 7 buttons covering an area equal to 3 inches in diameter. The total subtended effective angle of reflection of the device shall be no less than 60 degrees, and the spread and efficiency of the reflected light shall be sufficient to be visible to the driver of any motor vehicle approaching the animal-drawn vehicle from the rear not less than 500 feet.

2)         At least 1 light flashing shall be on the vehicle at all times.  The light or lights shall be amber in the front and red in the back and shall be placed on the left side of the vehicle at a height not to exceed 6 feet from the ground.  The lights shall be visible at least 500 feet from the front and the back of the vehicle.

3)         In lieu of the requirements of the immediately preceding Section, lamps or lanterns complying with the rules promulgated by the Director of the Department of Public Safety may be used.

SECTION 24 – Seat belt and child safety restraints required, exemptions, penalty

a. As used in this Section, the term “passenger car” means every motor vehicle designed for carrying ten persons or less and used for the transportation of persons; except the term “passenger car” shall not include motorcycles, motorized bicycles, motor tricycles and trucks with a licensed gross weight of twelve thousand pounds or more.

b. Each driver and front seat passenger of a passenger car manufactured after January 1, 1968, operated on a roadway and persons less than eighteen years of age operating or riding in a truck, as defined in Missouri Revised Statute § 301.010, on the roadway shall wear a properly adjusted and fastened safety belt that meets federal National Highway, Transportation and Safety Act requirements, except:

1)         Persons employed by the United States Postal Service while performing duties that require the operator to service postal boxes from their vehicles or that require frequent entry into and exit from their vehicles;

2)         Persons that have a medical reason that prohibits the use of a seat belt;

3)         Persons operating or riding a motor vehicle being used in agricultural work-related activities.

c. Each driver transporting a child 4 years old or more, but less than 16 years of age, in a motor vehicle shall secure the child in a properly adjusted and fastened safety belt.

d. Each driver transporting a child under the age of 4 years shall use a child passenger restraint system approved by the State Department of Public Safety, except this provision is not applicable to motor vehicles being used by a public carrier for hire.

e. No person shall be stopped, inspected or detained solely to determine compliance with this Section. Noncompliance with this Section shall not constitute probable cause for violation of any other provision of law.

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 pursuant to Missouri Revised Statute § 302.178.

g. Penalty

1)         Each person who pleads to or is found guilty of violating the provisions of subsections b and c of this Section shall, upon conviction, be punished by a fine not to exceed $10, and no court costs shall be imposed.

2)         Each person who pleads to or is found guilty of violating the provisions of subsection d of this Section shall, upon conviction, be punished by a fine not to exceed $25.00 and court costs.

SECTION 25 – Careful, prudent driving required; when not a minor traffic violation

a. Every person operating a motor vehicle on the roadway of the City or upon the streets, drives and parking areas of the Rich Hill School District shall drive the vehicle in a careful and prudent manner; shall exercise the highest degree of care; and shall drive at a rate of speed, taking into consideration such factors including, but not limited to, road conditions, weather conditions and traffic, so as not to endanger his or her or the property of another or his or her life or limb or the life or limb of any other person.

b. If this violation results in property damage or injury to any person, it shall no longer be considered a minor traffic violation and shall not be subject to the limitations set forth in Article I.

SECTION 26 – Driving on right half

a. All vehicles operated on a public roadway of sufficient width shall be driven on the right half of the roadway, except as follows:

1)         When overtaking and passing another vehicle proceeding in the same direction;

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 Ordinance;

3)         When the right half of the roadway is closed to traffic while under construction or repair;

4)         When there are designated markings or signs for one-way traffic.

b. If a roadway has been divided into 2 or more roadways by a physical barrier, dividing section or delineated by curbs, lines or other markings, no driver shall operate the vehicle except to the right of the barrier or dividing section unless to make any left turn, semicircular turn or U-turn on any such roadway, except in an authorized crossover or intersection.

c. 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 a movement can be made with safety and has given the appropriate signal except when:

1)         overtaking and passing another vehicle; or

2)         preparing to make a proper left turn; or

3)         as directed by traffic markings, signs or signals.

d. The operator of a vehicle upon all highways proceeding at less than the normal speed of traffic thereon shall drive in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb.

SECTION 27 – Passing regulations

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations and exceptions stated:

a. 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.

b. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

c. The driver of a motor vehicle may overtake and pass to the right of another vehicle only if the passing may be made in safety under the following conditions, but in no event shall the vehicle be driven off the paved or main-traveled portion of the roadway:

1)         When the vehicle overtaken is making or about to make a left turn;

2)         Upon a roadway with unobstructed pavement of sufficient width for 2 or more lines of vehicles in each direction;

3)         Upon a one-way street.

d. The provisions of the preceding 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.

e. A vehicle shall at no time be driven on the left side of the roadway under the following conditions:

1)         When approaching the crest of a grade or upon a curve of the roadway when the driver’s view is obstructed within such distance as to create a hazard if another vehicle approaches from the opposite direction;

2)         When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, tunnel, intersection or railroad crossing;

3)         When a no-passing zone is marked by a solid yellow line on the right side of the centerline of the roadway.

f. When any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

SECTION 28 – Speed limits

a. The speed limit shall not exceed 10 miles per hour on all alleys or alley ways.

b. The speed limit shall not exceed 25 miles per hour on all City roadways unless otherwise posted.

c. The speed limit in all school zones on school days when children are present shall not exceed 20 miles per hour.

d. The speed limit posted on state roads and highways within the city limits that are authorized or set by the State Highways and Transportation Commission, is and shall be the speed limit adopted by this Section unless an increase or reduction in speed designed to expedite the flow of traffic on such state roads and highways has been approved by the Commission.

e. It is a rebuttable presumption that the posted speed limit is the legal speed limit.

f. The use of and results determined by any speed meter machine or mechanism shall be accepted as evidence in the Court where driving in excess of posted speed limit is the violation being prosecuted, except the use thereof shall not exclude any competent evidence secured by other means.

g. Every complaint or uniform traffic citation when the charge is a violation of any speed regulation, the speed at which the defendant is alleged to have driven and the speed limit applicable at the location of such alleged violation shall be specified.

h. Speeding in excess of 19 miles or more over the posted speed limit is not a minor traffic violation subject to the provisions of Article I.

SECTION 29 – Racing

a. No person shall drive any vehicle on a street, roadway, highway, right-of-way or area of public access in the City in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record; and no person shall in any manner participate in any such race, competition, contest, test or exhibition.

b. Definitions as used in this Section:

Drag race – the operation of 2 or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of 1 or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration within a certain distance or time limit

Racing – the use of 1 or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes

SECTION 30 – Right-of-way generally

a. At intersections where there is no form of traffic control, a driver approaching an intersection shall yield the right-of-way to a vehicle that has entered the intersection from a different street.

b. When 2 or more vehicles reach an intersection 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; provided, that such intersection is not otherwise controlled by a traffic-control device or signal.

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 that is within the intersection or so close thereto as to constitute an immediate hazard.

d. 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 roadway to be entered.

e. 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 making a left turn would create a traffic hazard.

f. When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping, to yield to a pedestrian crossing the roadway within a crosswalk:

1)         If the pedestrian is on the half of the roadway upon which the vehicle is traveling; or

2)         If the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

g. The driver of a vehicle approaching a blind or visually handicapped, deaf or partially deaf person or physically disabled person who is carrying a cane predominately white or metallic in color, with or without a red tip, or using a guide dog, hearing dog or service dog shall yield to such pedestrian.

h. Unless totally or partially blind, while on any public roadway, a pedestrian shall not carry in a raised or extended position a cane or walking stick that is white or white tipped with red.

SECTION 31 – Pedestrian right-of-way

a. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

b. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield.

c. Pedestrians shall not cross when prohibited from cross at certain designated places.

SECTION 32 – Stop and yield signs

a. Stop sign: Except when directed to proceed by a police officer or a traffic control sign, every driver approaching an intersection with a stop sign shall stop:

1)         Before entering the crosswalk on the near side of the intersection; or

2)         If there is no crosswalk, at a clearly marked stop line, but if none;

3)         At the point nearest the intersecting street where the driver has a view of approaching traffic on the intersecting street before entering the intersection.

b. Yield sign: If required for safety, every driver approaching a yield sign shall stop:

1)         Before entering the crosswalk on the near side of the intersection; or

2)         If there is no crosswalk, at a clearly marked stop line, but if none; then

3)         At the point nearest the intersecting street where the driver has a view of approaching traffic on the intersecting street before entering the intersection.

SECTION 33 – Flee or attempt to elude a police officer

A driver of a motor vehicle shall not willfully fail or refuse to bring his vehicle to a stop, or otherwise flee or attempt to elude a pursuing police vehicle when given a visual or audible signal to bring is vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light or siren. The officer giving such signal shall be in uniform, prominently displaying his badge, and his vehicle shall be appropriately marked showing it to be an official police vehicle.

SECTION 34 – Unlawful riding

No person shall ride on any vehicle top, hood, cab top, bumpers or fenders when the vehicle is in motion.

SECTION 35 – Passengers in truck beds

a. No person shall operate any truck, as defined in Missouri Revised Statute § 301.010, with a licensed gross weight of less than 12,000 pounds, when a person under 18 years of age is riding in the unenclosed bed of the truck.

b. No person under 18 years of age shall ride in the unenclosed bed of a truck as defined in Section a above when the truck is in operation.

c. The provisions of this Section shall not apply to:

1)         An employee engaged in the necessary discharge of his duties and it is necessary to ride in the unenclosed bed of the truck;

2)         Any person while engaged in agricultural activities and it is necessary to ride in the unenclosed bed of the truck;

3)         Any person riding in the unenclosed bed of a truck while the truck is in a parade, caravan or exhibition that is authorized by law;

4)         If the truck has an installed means of preventing the person from being discharged or the person is secured to the truck in a manner that will prevent the person from being thrown, falling or jumping from the truck;

5)         If the truck is being operated solely for the purpose of participating in a special event and it is necessary that the person ride in the unenclosed bed due to lack of available seating. “Special event”, for the purposes of this Section, is a specific social activity of a definable duration in which the person riding in the unenclosed bed is participating;

6)         If the truck is operated solely for providing assistance to or ensuring the safety of other persons in a recreational activity and it is necessary for the person to ride in the unenclosed bed; or

7)         Any person riding in the unenclosed bed of a truck if the 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 cab.  For the purpose of this subdivision the term “family” shall mean any persons related within the first degree of consanguinity.

SECTION 36 – Removing, crossing street barriers

When any street, roadway or alley or part thereof is closed for repairs, rebuilding, construction or reconstruction and suitable warning signs and barricades to advise the public are erected at all intersections of the closed street, roadway or alley with all other streets, roadways and alleys, no person or driver without authority from the proper official shall:

1)         Destroy or remove any barricade, warning sign, light or torch used to close the street, roadway or alley or warn the public of the closing;

2)         Drive on that portion of the street, roadway or alley that is closed, provided, however, that nothing in this Section shall prohibit the regular authorities of the City from having free access to the work at all times.

SECTION 37 – Driving on freshly oiled streets

Any freshly oiled street within the City limit shall be roped off or barricaded by the person doing the oiling, and no person shall drive a vehicle upon the street while the street is roped off or barricaded.

SECTION 38 – Hauling regulations

a. Any person engaged in hauling coal, gravel, rock, tile, trash, refuse, brush or other material shall not load the vehicle and shall not use in any hauling a broken or leaky box, body or bed from which such materials may fall, leak or shake out on the streets, roadways and alleys of the City.

b. Any person who purposefully, accidentally or because of an accident drops from his vehicle any such substance shall immediately stop his vehicle and make all reasonable efforts to clear the street, roadway or alley thereof.

SECTION 39 – Miscellaneous minor traffic violations

a. Funeral procession:

No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this ordinance. This provision shall not apply at intersections where traffic is controlled by traffic control devices or police officers.

b. Excessive noise

No vehicle shall be driven in such manner so as to make, continue or cause to be made or continue any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the city.

c. Vehicles injuring pavement

No vehicle shall be operated or pulled on the paved or surfaced streets of the city whose wheels or treads cut, mar or injure in any way the pavement or surfacing of any street.

d. Putting glass, tacks, etc., on roadways

1)         No person shall throw or deposit upon any roadway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such highway.

2)         Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.

3)         Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from the vehicle.

e. Responsibilities concerning emergency vehicles

1)         Upon the approach of an authorized emergency vehicle using audible and visual signals meeting the requirements of the laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall:

  • yield the right-of-way;
  • immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection; and
  • stop and remain in such position until the authorized emergency or police vehicle has passed, except when otherwise directed by a police officer.

2)            Upon approaching a stationary emergency vehicle, police vehicle, displaying lighted red or red and blue lights, or a vehicle owned by the City and operated by an authorized City employee or a vehicle owned by a contractor or subcontractor performing work for the City, displaying lighted amber or amber and white lights,  the driver of every motor vehicle shall:

  • proceed with caution and, if possible with due regard to safety and traffic conditions, change into a lane not adjacent to that of the stationary vehicle; or
  • 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.

3)         Following an emergency vehicle prohibited:

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 500 feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

f. Following too closely

1)         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.

2)         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.

g. Stop and speed requirements at railroad grade crossing

1)         When any person driving a vehicle approaches a railroad grade crossing, the driver of the vehicle shall operate the vehicle in a manner so he will be able to stop; and he shall stop the vehicle not less than 15 feet and not more than 50 feet from the nearest rail of the railroad track and shall not proceed until he can safely do so if:

  • A clearly visible electric or mechanical signal device warns of the approach of a train; or
  • A crossing gate is lowered; or
  • While a human flagman gives a signal or warning of the approach or passages of a train; or
  • An approaching train is visible and is in dangerous proximity to the crossing; or
  • Any other traffic sign, device or any other act, rule, regulation or statute requires a vehicle to stop at the railroad crossing.

2)        No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing when a train is approaching while the gate or barrier is closed or is being opened or closed.

3)         No person shall drive a vehicle through a railroad crossing when there is not sufficient space to drive completely through the crossing.

4)         No person shall drive a vehicle through a railroad crossing unless such vehicle has sufficient undercarriage clearance necessary to prevent the undercarriage of the vehicle from contacting the railroad crossing.

5)         Every commercial motor vehicle as defined in Missouri Revised Statute § 302.700 shall, upon approaching a railroad grade crossing, be driven at a rate of speed that will permit the commercial motor vehicle to stop before reaching the nearest rail of the crossing and shall not be driven upon or over the crossing until due caution has been taken to ascertain that the course is clear.

Sections 40 through 45 – Reserved

ARTICLE III

BICYCLE, MOTORIZED BICYCLES, COASTERS, SKATEBOARDS, ROLLER SKATES, IN-LINE SKATES, TOY VEHICLES AND OTHER SUCH DEVICES

RULES AND REGULATIONS

SECTION 46 – Applicability; compliance

a. No person shall do any act forbidden or fail to perform any act required in this Article.

b. No parent or guardian or child care provider of any child shall authorize or knowingly permit any child to violate any of the provisions of this Article or Missouri Revised Statutes §§ 300.090, 300.347 or 300.350.

c. The provisions of this Article are applicable to bicycles and shall apply when a bicycle is operated on any roadway or on any path set aside for the exclusive use of bicycles, subject to those exceptions stated herein.

d. The provisions of this Article shall be applicable to bicycles and motorized bicycles, and every person operating a bicycle or motorized bicycle shall be subject to the provisions hereof.

e. The provisions of this Article shall be applicable to coasters, skateboards, roller skates, in-line skates, toy vehicles or other such devices, commonly referred to as play vehicles.

SECTION 47 – Police authority to impound

If any person under 17 years of age violates any provision of this Article or of Missouri Revised Statutes §§ 300.347 or 300.350 in the presence of a police officer, the officer may impound the bicycle, motorized bicycle, skateboard, roller skates, in-lines skates, toy vehicle or other such device involved for a period not to exceed 5 days upon issuance of a receipt to the child riding it or to its owner.

SECTION 48 – Traffic laws apply

a. Every person riding a bicycle or a motorized bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, including the use of proper turn and stop signals, except:

1)         As otherwise provided in this Article;

2)         For equipment provisions required of vehicles; and

3)         Those provisions of the state laws that by their nature can have no application.

b. Coasters, skateboards, roller skates, in-line skates, toy vehicles or other such devices operated on the roadway shall obey all traffic regulations for operating vehicles set forth in the laws of the State of Missouri, including the use of proper turn and stop signals except those provisions of the state law, which by their nature, can have no application.

SECTION 49 – Riding regulations and prohibitions

a. A person propelling a bicycle or riding a motorized bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

b. No bicycle or motorized bicycle shall be used to carry more persons than the number for which it is designed and equipped.

c. A bicyclist shall keep at least one hand on the handlebars at all times

d. No person operating a bicycle or motorized bicycle shall carry any package, bundle or article that prevents the driver from keeping at least 1 hand upon the handlebars.

e. Persons riding bicycles or motorized bicycles on a roadway shall ride single file.

f. Every person operating a bicycle, motorized bicycle, skateboard, roller skates, in-line skates, toy vehicle, coaster, play vehicle or other similar device on a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

g. When a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

h. No person shall ride on a bicycle, motorized bicycle, skateboard, roller skates, in-line skates, toy vehicle, coaster, play vehicle or other similar device upon the sidewalks except on any street set aside as a play street authorized by an ordinance of the City.

i. No person shall ride a bicycle or motorized bicycle after sunset and before sunrise unless the rider wears light colored clothing and the bicycle is equipped with a head lamp and light reflecting device on its front, rear and sides. Red reflectors shall be used only on the rear of the bicycle.

j. No person shall operate or ride a skateboard, roller skates, in-line skates, toy vehicle, coaster, play vehicle or other similar device on the roadways after sunset and before sunrise.

k. No person shall operate a bicycle or a motorized bicycle on Walnut Street within the City limit between sunset and sunrise except to cross Walnut Street.

l. No person riding on any bicycle, motorized bicycle, coaster, skateboard, roller skates, in-line skates, sled, toy vehicle or other such device shall attach the same or himself to any vehicle on a roadway. Neither shall the driver of a vehicle knowingly pull a rider upon these devices behind a vehicle.

m. No person shall secure a bicycle or motorized bicycle to a fire hydrant.

SECTION 50 – Criminal liability of parent or guardian

A parent or guardian of a child under the age of 18 years of age shall not knowingly allow a child to violate the provisions of the Article.

Sections 51 and 55 – Reserved

ARTICLE IV

GOLF CART AND MOTORIZED WHEELCHAIR

REGULATIONS AND PROHIBITIONS

SECTION 56 – Definitions

Golf cart – a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes

Golf cart classification – a golf cart that may be operated on the roadways of the City is a low-speed vehicle that is not capable of operating at speeds in excess of 20 miles per hour

Motorized wheelchair – a battery-operated assistive device for physically disabled individuals, including scooters, utilized to assist with mobility

(deleted 2 lines)

SECTION 57 – Applicability; compliance

a. No person shall do any act forbidden or fail to perform any act required in this Article.

b. The provisions of this Article are applicable to golf carts and motorized wheelchairs and shall apply when such is operated on any highway, subject to those exceptions stated herein.

c. The provisions of this Article shall be applicable to golf carts and motorized wheelchairs, and every person operating such shall be subject to the provisions hereof.

SECTION 58 – Traffic laws apply

a. Every person riding a golf cart or motorized wheelchair upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, including the use of proper turn and stop signals, except:

1)         As otherwise provided in this Article;

2)         For equipment provisions required of vehicles; and

3)         Those provisions of the state laws that by their nature can have no application.

b. Golf cart and motorized wheelchair operators shall obey all traffic regulations for operating vehicles set forth in the laws of the State of Missouri, including the use of proper turn and stop signals, except those provisions of the state law, which by their nature, can have no application.

SECTION 59 – Requirements for operation  

Requirements for operating a golf cart or motorized wheelchair on any roadway within the City limit are as follows:

1)         The golf cart or motorized wheelchair shall be equipped with adequate brakes;

2)         Any individual operating a golf cart or motorized wheelchair shall have a valid operator’s or chauffeur’s license, except a handicapped person shall not be required to have a valid operator’s or chauffeur’s license;

3)         The golf cart shall be properly insured and such proof of insurance shall provide equivalent liability as that required in Missouri Revised Statute § 303.160.

4)         The golf cart and the motorized wheelchair shall have a bicycle safety flag, which extends not less than 7 feet above the ground, attached to the rear of the vehicle; the flag shall be day-glow colored and shall be triangular shaped, with an area not less than 30 square inches.

5)         Golf cart operators shall carry and display a special permit sticker used by the City.  The City Clerk shall prepare an application form for the special permit sticker.  No charge or fee shall be assessed for the permit sticker.  However, a replacement fee for a lost or damaged permit sticker is $7.50.  Each permit sticker shall be valid for 1 calendar year from its date of issuance.

6)         The City Clerk shall not issue a special permit sticker unless:

(a)        The applicant provides the City Clerk with proof of financial responsibility pursuant to Missouri Revised Statute § 303.160 or proof of any other insurance providing equivalent liability for the golf cart or motorized vehicle;

(b)        A copy of a paid personal property tax receipt for the most recent tax year; and

(c)        A valid driver’s license except as in Paragraph (b) (2) above.

7)         Every person operating a golf cart or motorized wheelchair on a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

SECTION 60 – Prohibitions

No individual operating a golf cart or motorized wheelchair shall operate such vehicle as follows:

1)         in any careless or imprudent manner so as to endanger any person or property of any person;

2)         while under the influence of alcohol or a controlled substance;

3)         between the hours of official sunset and sunrise unless the golf cart or the motorized wheelchair is properly equipped with headlights, tail lights, brake lights and turn signals;

4)         on any federal, state or county highways, except to cross; the golf cart or motorized wheelchair shall not cross any highway where the location being crossed on the highway has a posted speed limit in excess of 45 miles per hour;

5)         in excess of 20 miles per hour;

6)         cannot carry any passengers;

7)         cannot be operated on any sidewalk, path or walkway designed for use by pedestrians or operators of non-motorized vehicles unless the operator of the motorized wheelchair is physically disabled.

Sections 61 through 63 – Reserved

ARTICLE V

ALL-TERRAIN VEHICLE DEFINITION,

REGULATIONS AND PROHIBITIONS

SECTION 64 – Definition

All-Terrain Vehicle – Any motorized vehicle manufactured and used exclusively for off-highway use that is 50 inches or less in width, with an unladen dry weight of 600 pounds or less, traveling on 3, 4 or more low pressure tires, a seat designed to be straddled by the operator and handlebars for steering control.

SECTION 65 – Applicability; compliance

a. No person shall do any act forbidden or fail to perform any act required in this Article.

b. The provisions of this Article are applicable to all-terrain vehicles and shall apply when an all-terrain vehicle is operated on any roadway, subject to those exceptions stated herein.

c. The provisions of this Article shall be applicable to all-terrain vehicles, and every person operating such shall be subject to the provisions hereof.

SECTION 66 – Traffic laws apply

a. Every person riding an all-terrain vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, including the use of proper turn and stop signals, except:

1)         As otherwise provided in this Article;

2)         For equipment provisions required of vehicles; and

3)         Those provisions of the state laws that by their nature can have no application.

b. Operators of an all-terrain vehicle shall obey all traffic regulations for operating vehicles set forth in the laws of the State of Missouri, including the use of proper turn and stop signals except those provisions of the state law, which by their nature, can have no application.

SECTION 67 – Restrictions            

No person shall operate an all-terrain vehicle on the roadways of the City except:              

1)         All-terrain vehicles owned and operated by a governmental entity for official use;

2)         All-terrain vehicles operated by handicapped persons for short distances, not to exceed 3 city blocks in any direction between the hours of sunrise and sunset;

3)         All-terrain vehicles whose operators carry and display a special permit sticker used by the City.  The City Clerk shall prepare an application form for the special permit sticker and charge a fee of $15 for each permit sticker, with a replacement fee for a lost or damaged permit sticker of $7.50.  Each year, new permits shall be available October 1 with an expiration date of October 31 of the next year.  The City Clerk shall not issue a special permit sticker unless:

(a)        The applicant provides the City Clerk with proof of financial responsibility pursuant to Missouri Revised Statute § 303.160 or proof of any other insurance providing equivalent liability for the all-terrain vehicle; and

(b)        A valid title to the all-terrain vehicle or a bill of sale; and

(c)        A copy of a paid personal property tax receipt for the most recent tax year; and

(d)       A valid driver’s license.

(e)        Before the City Clerk issues a special permit sticker, the Chief of Police shall inspect each vehicle to determine if it is an all-terrain vehicle and that it has all of the required equipment to be operated on the City streets pursuant to this Ordinance.

4)         No person shall operate an all-terrain vehicle within any stream or river except within the boundaries of land that an off-road vehicle operator owns or has permission to be upon for agricultural purposes.

5)         No person shall operate an all-terrain vehicle at any time on any state or federal highway except to cross a portion of the highway system that intersects a municipal roadway.

SECTION 68 – Requirements; when not a minor traffic violation

a. To operate an all-terrain vehicle within the City limits the following requirements shall be met:

1)         Any individual operating an all-terrain vehicle shall have a valid operator’s or chauffeur’s license,   but is not required to pass an examination for the operation of a motorcycle; except a physically disabled person shall not be required to have a valid operator’s or chauffeur’s license;

2)         Any individual operating an all-terrain vehicle shall provide proof of financial liability insurance pursuant to Missouri Revised Statute § 303.160 or provide proof of any other insurance providing equivalent liability for the all-terrain vehicle;

3)         Any individual operating an all-terrain vehicle shall be at least 18 years old;

4)         The all-terrain vehicle shall be operated at a speed not to exceed 25 miles per hour;

5)         Any individual operating an all-terrain vehicle during daylight hours shall use signals given by means of hand and arm, a signal light or signal device in good mechanical condition as approved by the State Highway Patrol pursuant to Missouri Revised Statute § 340.190

6)         The all-terrain vehicle shall have a bicycle safety flag that extends at least 7 feet above the ground attached to the rear of the vehicle; the flag shall be day-glow colored and shall be triangular shaped, with an area of at least than 30 square inches;

7)         Every person operating an all-terrain vehicle on a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

b. If operation of an all-terrain vehicle results in property damage or injury to any person, it shall no longer be considered a minor traffic violation and shall not be subject to the limitations set forth in Article I.

c. If any all-terrain vehicle is involved in an accident resulting in loss of life, personal injury or damage to property and the operator has knowledge of such accident, he shall stop and give his name and address, the name and address of the owner thereof and the registration number of the all-terrain vehicle to the injured person or the person sustaining the damage or to a police officer. If no police officer or the person sustaining the damage is not present at the place where the damage occurred, then the operator shall immediately report the accident, as soon as he is physically able, to the nearest law enforcement agency.

d. If the operator of an all-terrain utility vehicle is required to have a valid driver’s license and that operator’s license becomes suspended or revoked, it shall no longer be considered a minor traffic violation and shall not be subject to the limitations set forth in Article I.

SECTION 69 – Prohibitions

No individual operating an all-terrain vehicle shall:

1)         Carry a passenger except for agricultural purposes, and any passenger under 18 years of age shall wear a securely fastened safety helmet on his or her head;

2)         Operate the all-terrain vehicle in any careless or imprudent manner so as to endanger any person or property of any person;

3)         Operate the all-terrain vehicle while under the influence of alcohol or controlled substance;

4)         Operate the all-terrain vehicle between the hours of sunset and sunrise unless the all-terrain vehicle is properly equipped with headlights, tail lights, brake lights and turn signals.

Sections 70 and 71 – Reserved

ARTICLE VI

UTILITY VEHICLE DEFINITION, REGULATIONS AND PROHIBITIONS

SECTION 72 – Definition

Utility Vehicle – Any motorized vehicle manufactured and used exclusively for off-highway use which is 63 inches or less in width, with an unladen dry weight of 1,850 pounds or less, traveling on 4 or 6 wheels, to be used primarily for landscaping, lawn care or maintenance.

SECTION 73 – Applicability; compliance

a. No person shall do any act forbidden or fail to perform any act required in this Article.

b. The provisions of this Article are applicable to utility vehicles and shall apply when a utility vehicle is operated on any roadway, subject to those exceptions stated herein.

c. The provisions of this Article shall be applicable to utility vehicles, and every person operating such shall be subject to the provisions hereof.

SECTION 74 – Traffic laws apply

a. Every person riding a utility vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, including the use of proper turn and stop signals, except:

1)         As otherwise provided in this Article;

2)         For equipment provisions required of vehicles; and

3)         Those provisions of the state laws that by their nature can have no application.

b. An operator of a utility vehicle shall obey all traffic regulations for operating vehicles set forth in the laws of the State of Missouri, including the use of proper turn and stop signals except those provisions of the state law, which by their nature, can have no application.

SECTION 75 – Restrictions

No person shall operate a utility vehicle upon the roads, streets or alleyways of the City of Rich Hill, Missouri, except as follows:

1)         Utility vehicles owned and operated by a governmental entity for official use;

2)         Utility vehicles operated by handicapped persons for short distances, not to exceed 3 city blocks in any direction, between the hours of sunrise and sunset;

3)         Utility vehicles whose operators carry and display a special permit sticker used by this City.  The City Clerk shall prepare an application form for the special permit sticker and charge a fee of $15 for each permit sticker, with a replacement fee for a lost or damaged permit sticker of $7.50.    Each year, new permits shall be available October 1 with an expiration date of October 31 of the next year. The City Clerk shall not issue a special permit sticker unless:

(a)        The applicant provides the City Clerk with proof of financial responsibility pursuant to Missouri Revised Statute § 303.160 or proof of any other insurance providing equivalent liability for the utility vehicle; and

(b)        A valid title to the utility vehicle or a bill of sale; and

(c)        A copy of a paid personal property tax receipt for the most recent tax year; and

(d)       A valid driver’s license.

(e)        Before the City Clerk issues a special permit sticker, the Chief of Police shall inspect each vehicle to determine if it is a utility vehicle and that it has all of the required equipment to be operated on the City streets pursuant to this ordinance.

4)         No person shall operate a utility vehicle within any stream or river, except within the boundaries of land which a utility vehicle operator owns or has permission to be upon for agricultural purposes.

5)         No person shall operate a utility vehicle at any time on any state or federal highway except to cross a portion of the highway system that intersects a municipal street.

SECTION 76 – Requirements; when not a minor traffic violation

a. Requirements for operating a utility vehicle within the city shall be as follows:

1)         Any individual operating a utility vehicle shall have a valid operator’s or chauffeur’s license, but is not required to pass an examination for the operation of a motorcycle, except a handicapped person shall not be required to have a valid operator’s or chauffeur’s license;

2)         Any individual operating a utility vehicle shall provide proof of financial responsibility pursuant to Missouri Revised Statute § 303.160 or proof of any other insurance providing equivalent liability for the utility vehicle;

3)         The utility vehicle shall be operated at a speed not to exceed 25 miles per hour;

4)         Any individual operating a utility vehicle during daylight hours shall use signals given by means of hand and arm, a signal light or signal device in good mechanical condition as approved by the State Highway Patrol pursuant to Missouri Revised Statute § 304.190.

5)         The utility vehicle shall have a bicycle safety flag, which extends not less than 7 feet above the ground, attached to the rear of the vehicle; the flag shall be day-glow colored and shall be triangular shaped, with an area not less than 30 square inches.

6)         Every person operating a utility vehicle on a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

b. If operation of a utility vehicle results in property damage or injury to any person, it shall no longer be considered a minor traffic violation and shall not be subject to the limitations set forth in Article I.

c. If any utility vehicle is involved in an accident resulting in loss of life, personal injury or damage to property and the operator has knowledge of such accident, he shall stop and give his name and address, the name and address of the owner thereof and the registration number or other identifying information of the utility vehicle to the injured person or the person sustaining the damage or to a police officer. If no police officer or the person sustaining the damage is not present at the place where the damage occurred, then the operator shall immediately report the accident, as soon as he is physically able, to the nearest law enforcement agency.

d. If the operator of a utility vehicle is required to have a valid driver’s license and that operator’s license becomes suspended or revoked, it shall no longer be considered a minor traffic violation and shall not be subject to the limitations set forth in Article I.

SECTION 77 – Prohibitions

No individual operating a utility vehicle shall:

1)         Carry a passenger except for agricultural purposes and then only if the seat is designed to carry more than one person;

2)         Operate the utility vehicle in any careless or imprudent manner so as to endanger any person or property of any person;

3)         Operate the utility vehicle while under the influence of alcohol or controlled substance;

4)         Operate a utility vehicle between the hours of 10 pm and 6 am unless the utility vehicle is properly equipped with headlights, tail lights, brake lights and turn signals.

Any ordinance or parts of ordinances in conflict with this ordinance are hereby repealed.

This ordinance shall be in force and affect from and after its passage and approval as provided by law.[i]

1ST READING: APRIL 25, 2017

2ND READING: APRIL 25, 2017

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS  25TH DAY OFAPRIL 2017.

 

______________________________

Jason Rich, Mayor                                                            Ayes: HUMBLE, PILCHER, ROBB

ATTEST:                                                                              Nays: NONE

______________________________

Brittany Schenker, City Clerk

[i] For information purposes authority for this Ordinance is found in Missouri Revised Statutes, Chapters 300, 301, 302, 303, 304 and 307.  Specific sections for authority are as follows:  §§ 300.010 through 300.600 (Model Traffic Ordinance); §§ 301.130.1 through 301.130.6 and 301.140 (vehicle registration); §§ 303.160 and 307.180 (financial responsibility); § 304.019 (hand and mechanical signals); §§ 304.024 and 304.440 (Traffic regulations re: parking, stopping or standing in crosswalks and parking regulations); §§ 304.013 and 577.065.2 (all-terrain vehicle regulations); §304.032 (utility vehicle regulations);§304.034 (golf cart and motorized wheelchair regulations); §§307.178 and 307.179 (seat belt and child restraints); §§ 307.064 through 307.127 (vehicle lighting requirements); §§ 307.170 through 307.173 (other required vehicle equipment, regulation of use of studded tires, prohibition of window darkening devices); §§ 307.180 through 307.192 (bicycle regulations};  §§ 307.195 through 307.196 (motorized bicycles); §§ 300.105, 300.300 and 304.022 (emergency vehicles); § 304.017 (follow too close); §§ 304.035 and 300.295 (railroad crossings).

Ordinance No. 1647, enacted March 31, 2017(Minor Traffic) – added additional miscellaneous traffic violations; added bill of sale to Section 67.3)(b) All-Terrain Vehicle Article and Section 75.3) Utility Vehicle Article.

Ordinance No. 1625, enacted December 13, 2016 (Regulations, Prohibitions and Penalty Provisions for Violation Thereof for All-Terrain Vehicle Operation Within Rich Hill, Missouri); repealed and replaced Ordinance No. 1615, enacted September 9, 27, 2016; repealed and replaced Ordinance No. 1526, enacted September 22, 2015; which repealed and replaced Ordinance No. 1328, enacted November 11, 2008.

Ordinance No. 1637, enacted January 10, 2017 (Regulations, Prohibitions and Penalty Provisions for Violation Thereof for Operation of Utility Vehicles Within Rich Hill, Missouri); repealed and replaced Ordinance No. 1624, enacted December 13, 2016; repealed and replaced Ordinance 1616, enacted September 27, 2016.

Ordinance No. 1605, enacted June 14, 2016 (Defining When Drivers Shall Stop for a School Bus, the Required Signage and Crossing Control Arm on a School Bus, School Bus Driver Responsibilities; Driver Identity Rebuttable Presumption and Penalty Provision).

Ordinance No. 1527, enacted December 8, 2015 (Enacting Regulations, Prohibitions and Penalty Provisions for Violation Thereof for Operation of Golf Carts and Motorized Wheelchairs Within Rich Hill, Missouri); repealed and replaced Ordinance No. 1328, enacted November 11, 2008.

Ordinance No. 1417, enacted September 9, 2014 (Regulating Traffic Registration and Licensing of Motor Vehicles in Accordance with Missouri Revised Statute, Chapters 301 and 304.  No prior history.

Ordinance No. 1411, enacted November 12, 2013 (Relating to the Operation and Use of Motorized Alternative Vehicles Upon City Roadways and Sidewalks).  No prior history,

Ordinance No. 1378, enacted April 10, 2012 (Regulating the Operation of Motor Vehicles in the City of Rich Hill, Missouri); repealed and replaced Ordinance No. 1362, enacted May 13, 2011; repealed and replaced Ordinance No. 1275, enacted October 24, 2006; repealed and replaced Ordinance No. 1180, enacted February 25, 2006; repealed and replaced Ordinance No. 1148, enacted July 23, 2002, which repealed all of the following ordinances at the same time:  Ordinance No. 1013, enacted June 9, 1992; Ordinance No. 0784, enacted September 8, 1970; Ordinance No. 0760, enacted January 26, 1971; and Ordinance No. 0724, enacted June 11, 1968.

Ordinance 1284, enacted June 12, 2007 (Regulating the Use of Bicycles Within the Corporate City Limits of the City of Rich Hill, Missouri).  No prior history.

Ordinance No. 1124, enacted March 27, 2001 (Requiring Financial Responsibility, Defining Terms and Providing Penalties for Violation Thereof).  No prior history.

Ordinance No. 1041, enacted ­­­­March 25, 1995 (Requiring Seat Belts and Child Restraint Systems in Motor Vehicles with the City Limits of the City of Rich Hill, Missouri).  No prior history.

Ordinance No. 824, enacted June 8, 1976 (Prohibiting the Operation of Motor Vehicles upon Property Owned by the City of Rich Hill, not Designated and Normally Used as a Trafficway for Motor Vehicles and Establishing Penalties Therefore).  No prior history.

Ordinance No. 737, enacted February 25, 1969 (Prohibiting the Parking of Vehicle Upon the Roadways and Right of way of Relocated State Highway 71).  No prior history.

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