Loading...
HomeMy Public PortalAboutORD14907 BILL NO. 2011-129 SPONSORED BY COUNCILWOMAN Carroll ORDINANCE NO. / "P r7 AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, SEPARATING OFFENSES REQUIRING A MANDATORY APPEARANCE IN ORDER TO ALLOW MUNICIPAL COURT SOFTWARE TO ASSIGN A CODE FOR EACH OFFENSE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-76 (Obedience to traffic control devices generally) is amended as follows: Sec. 19-76. Obedience to traffic control devices generally. A. The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed and maintained in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions for the driver of an authorized emergency vehicle stated in section 19-6. B. Violation of this section in which an accident was involved shall also be a violation of this code. State law reference-Similar provisions, RSMo. § 300.140. Section 2. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-79 (Traffic Control Signal Legend) is amended as follows: Sec. 19-79. Traffic control signal legend. Whenever traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and said lights shall indicate and apply to drivers of vehicles and pedestrians as follows: A. Green indication: 1. Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited; 2. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such Bill 2011-129 Page 1 vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection; 3. Unless otherwise directed by a pedestrian control signal as provided in section 19-80, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk. 4. Violation of this subsection in wbich an accident was involved shall also be a violation of this code. B. Steady yellow indication: 1. Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. 2. Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in section 19-80 are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway. 3. Violation of this subsection in which an accident was involved shall also be a violation of this code. (Ord.No. 71821, § 1, 11-3-92) C. Steady red indication: I. Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown except as provided in paragraph(2)of this subdivision; 2. The driver of a vehicle which is stopped as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection in obedience to a red signal, may cautiously enter the intersection to make a right turn but shall yield the right-of- way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except where a right turn against a red signal is prohibited; said prohibition shall be effective when a sign is erected at such intersection giving notice thereof; 3. Unless otherwise directed by a pedestrian control signal as provided in section 19-80, pedestrians facing a steady red signal alone shall not enter the roadway. 4. In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal. 5. Violation of this subsection in which an accident was involved shall also be a violation of this code. (Code 1977, §23-34 and 23-153; Ord.No. 11821, § 1, 11-3-92) State law reference-Similar provisions,RSMo. §300.155. Bill 2011-129 Page 2 Section 3. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-81 (Flashing Signals) is amended as follows: Sec. 19-81. Flashing signals. A. Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows: 1. Flashing red(stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk:at an intersection or at a limit line when marked, or if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign; a. Violation of this subsection in which an accident was involved shall also be a violation of this code. 2. Flashing yellow(caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. a. Violation of this subsection in which an accident was involved shall also be a violation of this code. B. This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in section 8-112 of this Code. (Code 1977, §23-34) State law reference-Similar provisions,RSMo. § 300.165. Section 4. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-85 (Traffic Lanes) is amended as follows: Sec. 19-85.Traffic lanes. A. The city traffic engineer is authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary or desirable. Where such traffic lanes have been marked, the driver of a vehicle shall drive such vehicle within the boundaries of a marked lane, except when lawfully passing another vehicle or preparatory to making a lawful turning movement. B. Violation of this section in which an accident was involved shall also be a violation of this code. (Code 1977, §23-37) State law reference- Similar provisions,RSMo. § 300200. Section 5. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-97 (Careless and reckless driving) is amended as follows: Sec. 19-97. Careless and reckless driving. A. No vehicle shall be operated in a careless and reckless manner. A "careless and reckless manner" is defined Bill 2011-129 Page 3 as such a manner to indicate a disregard for the safety of person or property. B. Violation of this section in which an accident was involved shall also be a violation of this code. (Code 1977, §23-45) Section 6. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-102 (Operation on right of highway; traffic lanes) is amended as follows: Sec. 19-102. Operation on right of highway; traffic lanes. A. All vehicles not in motion shall be placed with their right side as near the right-hand side of the highway as practicable, except on streets where vehicles are obliged to move in one direction only or parking of motor vehicles is regulated by ordinance. B. Upon all public roads or highways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: 1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; 2. When placing a vehicle in position for and when such vehicle is lawfully making a left turn in compliance with law; 3. When the right half of a roadway is closed to traffic while under construction or repair: 4. Upon a roadway designated by local ordinance as a one-way street and marked or signed for one- way traffic. C. It is unlawful to drive any vehicle upon any highway or road which has been divided into two (2) or more roadways by means of a physical barrier or by means of a dividing section or delineated by curbs, lines or other markings on the roadway, except to the right of such barrier or dividing section, or to make any left turn or semicircular or U-tum on any such divided highway, except in a crossover or intersection. D. When authorized signs have been erected designating off-center traffic lanes, no person shall disobey the instructions given by such signs. E. Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply: 1. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety; 2. Upon a roadway which is divided into three (3) lanes a vehicle shall not be driven in the center lane, except when overtaking and passing another vehicle where the roadway ahead is clearly visible and such center lane is clear of traffic within a safe distance,or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is sign-posted to give notice of such allocation; 3. Upon all highways any vehicle proceeding at less than the normal speed of traffic thereon shall be Bill 2011-129 Page 4 driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, except as otherwise provided by law; 4. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and except when a roadway has been divided into traffic lanes, each driver shall give to the other at least one- half of the main traveled portion of the roadway whenever possible. F. All vehicles in motion upon a highway having two (2) or more lanes of traffic proceeding in the same direction shall be driven in the right-hand lane except when overtaking and passing another vehicle or when preparing to make a proper left turn or when otherwise directed by traffic markings, signs or signals. G. Violation of this section in which an accident was involved shall also be a violation of this code. State law reference-Similar provisions,RSMo. § 304.015. Section 7. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-104 (Turns at intersection) is amended as follows: See. 19-104.Turns at intersection. A. The driver of a vehicle intending to turn at an intersection shall do so as follows: 1. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway; 2. Left turns. The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to the traffic moving in the direction of travel of such vehicle and, after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered. B. It shall be unlawful for the driver of any vehicle to turn such vehicle so as to proceed in the opposite direction at any intersection controlled by a traffic signal or police officer, nor shall such turn be made at any place unless the movement can be made in safety and without interfering with other traffic. The driver of a vehicle shall not turn such vehicle around so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade, or at any place upon a roadway where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction along the roadway within a distance of three hundred(300)feet, or where the same may create a traffic hazard. C. No vehicle in a residence district shall be turned left across the roadway when any other vehicle is approaching from either direction where the same may create a traffic hazard. D. Violation of this section in which an accident was involved shall also be a violation of this code. State law reference-Similar provisions, RSMo. § 304341. Section 8. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-105 ("U" turns) is amended as follows: See. 19-105. "U" turns. Bill 2011-129 Page 5 A. No driver of a vehicle shall turn the same in a manner to proceed in the opposite direction, commonly termed a "U" turn, at any intersection where traffic lights are in operation, or in a business district, or at an intersection where a police officer is directing traffic, or at any other place, unless the movement can be made safely without creating a hazard of collision with any other vehicle. B. Violation of this section in which an accident was involved shall also be a violation of this code. (Code 1977, §23-52(d)) Section 9. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-106 is amended as follows: Sec. 19-106. Left turns prohibited; Right turns prohibited. A. Left turns shall be prohibited at all times at such locations in the city as are designated by ordinance. Right turns shall be prohibited at all times at such locations in the city as are designated by ordinance. B. Violation of this section in which an accident was involved shall also be a violation of this code. (Code 1977, §23-53; Ord.No. 10982, § 1, 1-11-88) Section 10. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-107 (Following too closely) is amended as follows: Sec. 19-107. Following too closely. A. 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 the vehicle being followed, the traffic upon and condition of the roadway and the amount of pedestrian traffic adjacent to the roadway. B. Violation of this section in which an accident was involved shall also be a violation of this code. (Code 1977, §23-54) State law reference-Similar provisions,RSMo. § 304.017. Section 11. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-108 (Passing regulations) is amended as follows: Sec. 19-108. Passing regulations. A. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations and exceptions hereinafter stated: I. An operator or driver overtaking and desiring to pass a vehicle shall sound hom before starting to pass; 2. 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. 3. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle Bill 2011-129 Page 6 shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. B. The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions: I. When the vehicle overtaken is making or about to make a left turn; 2. Upon a city sheet with unobstructed pavement of sufficient width for two (2) or more lines of vehicles in each direction; 3. Upon a one-way street; 4. The driver of a motor vehicle may overtake and pass another vehicle upon the right only under the foregoing conditions when such movement may be made in safety. In no event shall such movement be made by driving off the paved or main traveled portion of the roadway; 5. The provisions of this subsection shall not relieve the driver of a slow-moving vehicle from the duty to drive as closely as practicable to the right-hand edge of the roadway. C. Except when a roadway has been divided into three (3) traffic lanes, no vehicle shall be driven to the left side of the center line of a highway or public road in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. D. No vehicle shall at any time be driven to the left side of the roadway under the following conditions: 1. When approaching the crest of a grade or upon a curve of the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; 2. When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct, tunnel or when approaching within one hundred (100) feet of or at any intersection or railroad grade crossing. E. Violation of subsection A in which an accident was involved shall also be a violation of this code. F. Violation of subsection B in which an accident was involved shall also be a violation of this code. G. Violation of subsection C in which an accident was involved shall also be a violation of this code. H. Violation of subsection D in whieb an accident was involved shall also be a violation of this code. (Code 1977, §23-55) State law reference- Similar provisions, RSMo. § 304.016. Section 12. Chapter 19 (Motor Vehicles and Traffic) Section 110 (No passing zones) is amended as follows: Bill 2011-129 Page 7 Sec. 19-110. No passing zones. A. No driver shall overtake or pass another vehicle on the left at any point on the streets or parts of streets designated by ordinance. B. Violation of this section in which an accident was involved shall also be a violation of this code. (Code 1977, §23-58) Section 13. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-111 (Hand and mechanical signals) is amended as follows: Sec. 19-111. Hand and mechanical signals. No driver shall stop or decrease the speed of or turn a vehicle from a straight ahead course, or operate a vehicle to the right or left upon a roadway, unless and until such movement can be made with reasonable safety, and then only after giving an appropriate signal in the following manner: A. A driver, when stopping or checking the speed of his vehicle, if the movement or safety of other vehicles may reasonably be affected by such stopping or checking of speed, shall extend his arm at an angle below horizontal, so that the same may be seen in the rear of his vehicle; B. A driver intending to turn his vehicle to the right shall extend his arm at an angle above horizontal, so that the same may be seen in front of and in the rear of his vehicle; C. A driver intending to turn his vehicle to the left shall extend his arm in a horizontal position, so that the same may be seen in front of and in the rear of his vehicle. If a vehicle is equipped with a signal light or signal device in good mechanical operating condition which displays a signal or light that is plainly visible to the front and rear of the vehicle so that the intention of the driver to stop, slow, turn to the right or turn to the left is clearly indicated, the signals with the arm prescribed and required in this section need not be given. D. Violation of this section in which an accident was involved shall also be a violation of this code. (Code 1977, §23-59) State law reference-Similar provisions, RSMo. § 304.019. Section 14. Chapter 19 (Motor Vehicles and Traffic) Section 114 (One-way roadways) is amended as follows: Sec. 19-114. One-way roadways. A. The driver of a vehicle shall operate such vehicle only in the direction authorized on the roadways designated by ordinance. B. Violation of this section in which an accident was involved shall also be a violation of this code. Bill 2011-129 Page 8 Section 15. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-115 (Stop on emerging from alleys, driveways or buildings) is amended as follows: Sec. 19-115.Stop on emerging from alleys,driveways or buildings. A. The driver of a vehicle emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway, shall yield the right-of-way to all vehicles approaching on such roadway. B. Violation of this section in which an accident was involved shall also be a violation of this code. State law reference-Similar provisions, RSMo. § 300:185. Section 16. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-118 (Restrictions on use of limited access roadways) is amended as follows: Sec. 19-118. Restrictions on use of limited access roadways. A. All four-lane highways divided into two (2) two-lane highways for traffic moving in opposite directions, together with all access roads and exit ramps leading to and from such highways, are considered to be "limited access roadways"for the purposes of this section. B. No person shall drive a motor vehicle onto or from any limited access roadway, except at such entrances and exits established by public authority. C. No person shall stop a motor vehicle within the limits of the right-of-way of any limited access roadway, except when required by law or when the motor vehicle becomes nonoperable, in which event the operator thereof shall have the vehicle removed with all possible speed. D. The operator of a bicycle or motor scooter shall not drive such vehicle on any limited access roadway, except to cross the roadway at right angles by the most direct route at crossings designated by public authority. E. No pedestrian shall use any limited access roadway,except to cross such roadway by the shortest and most direct route at crossings designated by public authority. (Code 1977, §23-147) F. Violation of this section in which an accident was involved shall also be a violation of this code. Section 17. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-120 (Duties of other drivers upon approach of authorized emergency vehicle) is amended as follows: Sec. 19-120. Duties of other drivers upon approach of authorized emergency vehicle. A. Upon the immediate approach of an emergency vehicle giving audible signal by siren or while having at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle or a flashing blue light authorized by section 307.1175.RSMo, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as far as possible to the right of,the traveled portion of the highway and thereupon stop and Bill 2011-129 Page 9 remain in such position until such emergency vehicle has passed, except when otherwise directed by a police or traffic officer. 1. Violation of subsection A in which an accident was involved shall also be a violation of this code. B. Upon approaching a stationary emergency vehicle displaying lighted red or red and blue lights, the driver of every motor vehicle shall: 1. Proceed with caution and yield the right-of-way, if possible with due regard to safety and traffic conditions,by making a lane change into a lane not adjacent to that of the stationary vehicle, if on a roadway having a least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle: or 2. Proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be unsafe or impossible. 3 Violation of subsection B in which an accident was involved shall also be a violation of this code. C. The motorman of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the emergency vehicle has passed, except as otherwise directed by a police or traffic officer. Cross reference-Minimum fine, § 1-13(e). State law reference-Similar provisions, RSMo. §304.022. (Ord.No. 13534, §4, 5-5-2003) Section 18. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-128 (Right-of-way at intersection) is amended as follows: See. 19-128. Right-of-way at intersection. A. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway, provided, however, there is no form of traffic control at such intersection. B. When two (2) vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right. This subsection shall not apply to vehicles approaching each other from opposite directions when the driver of one of such vehicles is attempting to or is making a left turn. C. The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. D. Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection, indicated by a stop sign, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none,then at the point nearest the intersecting roadway where the driver has a view of approaching traffic in the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection. Bill 2011-129 Page 10 E. The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable to the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping the driver shall yield the right- of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such traffic is moving across or within the intersection. F. The driver of a vehicle about to enter or cross a highway from an alley, building or any private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered. G. The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction when the malting of such left turn would create a traffic hazard. H. Violation of this section in which an accident was involved shall also be a violation of this code (Code 1977, §§23-40, 23-42,23-44) Cross reference-Minimum fine, § 1-13(e). State law reference-Similar provisions,RSMo. §§ 304.351,300.270, 300 271. Section 19. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-305 (Limitations on backing) is amended as follows: See. 19-305. Limitations on backing. A. No driver of a vehicle shall back the same, unless such movement can be made with reasonable safety and without interfering with other traffic. B. Violation of this section in which an accident was involved shall also be a violation of this code. (Code 1977, §23-141) State law reference-Similar provisions, RSMo. § 300.335. Section 20. Chapter 19 (Motor Vehicles and Traffic) Sec. 19-318 (Child restraints) is amended as follows: Sec. 19-318. Child restraints. A. As used in this section,the following terms shall mean: 1. "Child booster seat', a seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended, that is designed to elevate a child to properly sit in a federally approved safety belt system; 2. "Child passenger restraint system", a seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571213, as amended, and which is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system; 3. "Driver", a person who is in actual physical control of a motor vehicle. B. Every driver transporting a child under the age of sixteen years shall be responsible,when transporting such child in a motor vehicle operated by that driver on the streets or highways of this state, for providing for the Bill 2011-129 Page 11 protection of such child as follows: I. Children less than four years of age, regardless of weight, shall be secured in a child passenger restraint system appropriate for that child; 2. Children weighing less than forty pounds, regardless of age, shall be secured in a child passenger restraint system appropriate for that child; 3. Children at least four years of age but less than eight years of age, who also weigh at least forty pounds but less than eighty pounds, and who are also less than four feet, nine inches tall, shall be secured in a child passenger restraint system or booster seat appropriate for that child 4. Children at least eighty pounds or children more than four feet, nine inches in height shall be secured by a vehicle safety belt or booster seat appropriate for that child. 5. A child who otherwise would be required to be secured in a booster seat may be transported in the back seat of a motor vehicle while wearing only a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt for booster seat installation. 6. When transporting children in the immediate family when there are more children than there are seating positions in the enclosed area of a motor vehicle, the children who are not able to be restrained by a child safety restraint device appropriate for the child shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front seat area. The driver transporting children referred to in this subsection is not in violation of this section. This subsection shall only apply to the use of a child passenger restraint system or vehicle safety belt for children less than sixteen years of age being transported in a motor vehicle. C. Any driver who violates subdivision (1), (2), or(3)of subsection B of this section is guilty of an ordinance violation and, upon conviction, may be punished by a fine of not more than fifty dollars and court costs. Any driver who violates subdivision (4) of subsection B of this section shall be subject to the penalty in section 19-317(D). If a driver receives a citation for violating subdivision (1), (2), or(3)of subsection B of this section, the charges shall be dismissed or withdrawn if the driver prior to or at his or her (tearing provides evidence of acquisition of a child passenger restraint system or child booster seat which is satisfactory to the court or the party responsible for prosecuting the driver's citation. D. The provisions of this section shall not apply to any public carrier for hire. The provisions of this section shall not apply to students four years of age or older who are passengers on a school bus designed for carrying eleven passengers or more and which is manufactured or equipped pursuant to Missouri Minimum Standards for School Buses as school buses are defined in section 301.010, RSMo.(Ord.No. 11727, § 1,4- 8-92; Ord. 14092, §1, 10-2-2006) E. It shall be a violation of this code to be involved in an accident where a child was not properly restrained pursuant to the provisions of this section. Section 21. Chapter 22 (Parking, Stopping And Standing) Sec. 22-4 (Manner of parking generally) is amended as follows: Sec. 22-4. Manner of parking generally. A. Except as otherwise provided, every vehicle stopped or parked upon a roadway shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen (18) inches of the right- hand curb, or curbline,or edge of the roadway. I. Violation of subsection A in which an accident was involved shall also be a violation of this code. Bill 2011-129 Page 12 B. Except as otherwise provided, every vehicle which is stopped or parked upon a one-way roadway upon which parking is allowed on the left-hand side of such roadway, shall, if it is stopped or parked on the left- hand side of such roadway,be parked or stopped parallel to and within eighteen(18) inches of the left-hand curb, curbline or edge of the roadway. 1. Violation of subsection B in which an accident was involved shall also be a violation of this code. (Code 1977, §23-77(a),(b)) Section 22. Chapter 22 (Parking, Stopping And Standing) Sec. 22-113 (Right-of- way) is amended as follows: Sec.22-113. Right-of-way. A. 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 if need be to so yield, to a pedestrian crossing the roadway within a crosswalk, when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. 1. Violation of subsection A in which an accident was involved shall also be a violation of this code. B. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. C. Subsection (A) of this section shall not apply under the conditions stated in subsection (B) of section 22- 116. D. Whenever 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 such stopped vehicle. (Code 1977, §23-155) State law reference- Similar provisions,RSMo. § 300.375. Section 23. Chapter 22 (Parking, Stopping And Standing) Sec. 22-135 (Signal devices, mufflers, brakes, mirrors, etc.) is amended as follows: Sec. 22-135. Signal devices,mufflers, brakes, mirrors,etc. A. Every motor vehicle shall be equipped with a horn, directed forward, or whistle in good working order, capable of emitting a sound adequate in quantity and volume to give warning of the approach of such vehicle to other users of the roadway and to pedestrians. Such signaling device shall be used to warn only and shall not be used to make any unnecessary noise, and no other sound-producing signaling device shall be used at any time. B. Muffler cutouts shall not be used and no motor vehicle shall be operated in such manner or condition that excessive and unnecessary noises shall be made by its machinery motor, or other parts, or by any improperly loaded cargo. The motors of all motor vehicles shall be fitted with properly attached mufflers of such capacity, condition and construction as to quiet the maximum possible exhaust noise as completely as is done in modern gas engine passenger motor vehicles.Any cutout or opening in the exhaust pipe between Bill 2011-129 Page 13 the motor and the muffler on any motor vehicle shall be completely closed and disconnected from its operating level, and shall be so arranged that it cannot automatically open, or be opened or operated while such vehicle is in motion. C. All motor vehicles, except motorcycles, shall be equipped at all times with (2) sets of adequate brakes, in good working order, and motorcycles shall be equipped with one set of adequate brakes in good working order. D. All motor vehicles which are so constructed or loaded that the operator cannot see the roadway behind the vehicle by looking back or around the side of the vehicle shall be equipped with a mirror so mounted and adjusted as to reveal the roadway behind and be visible from the seat of the operator. E. All vehicles carrying poles or other objects, which project more than five (5) feet from the rear of the vehicle, shall, during the period when lights are required as defined and provided in section 22-133,carry a red light at or near the rear end of the pole or object so projecting. At other times a red flag or cloth, not less than sixteen(16) inches square,shall be displayed at the end of the pole or object projecting. F. No person shall operate a motor vehicle which is not equipped as hereinabove provided, and no person, while operating a motor vehicle, shall fail to comply with all applicable provisions of this section. G. A defect of anv equipment identified above which is the causes a motor vehicle to cause an accident shall be a violation of this code. (Code 1977, §23-166) State law reference-Similar provisions,RSMo. §307.170. Section 24. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: LOY-e Approved: Presiding O 1 r Mayor ATTEST: APPROVED AS TO FORM: Call/I-/) /6-e 1 (214 V/' tz S�l -"� City a6lm r Interim City C nselor Bill 2011-129 Page 14