City of pleasant hope missouri municipal code

Chapter 335 - Miscellaneous Driving Rules

Section 335.010: Vehicle Shall Not be Driven on a Sidewalk

The driver of a vehicle shall not drive within any sidewalk area except as a permanent or temporary driveway.

Section 335.020: Limitations on Backing

The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.

Section 335.030: Opening and Closing Vehicle Doors

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Section 335.040: Following Fire Apparatus Prohibited

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm

Section 335.050: Crossing Fire Hose

No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, or private driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command.

Section 335.060: Driving Through Funeral or Other 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 Title.

Section 335.070: Driving in Procession

Each driver in a funeral or other procession shall drive as near to the right hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe.

Section 335.080: Funeral Procession to be Identified

A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the police department.

Section 335.090: Operator's License Required

No person shall operate a motor vehicle upon the streets of the City unless such person shall have a valid operator's or chauffeur's license recognized under the laws of the state. Failure to exhibit an operator's or chauffeur's license upon the request of a police officer shall be prima facie evidence of a violation of this section.

Section 335.095: Allowing Unauthorized Operator

No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway, street or alley in the City by any person who is not authorized to operate a motor vehicle under provisions of Chapter 302 of the Missouri Revised Statutes as now in effect or as may hereafter be amended from time to time or who is operating the same in violation of any of the provisions of Section 302.010 to 302.060 RSMo.; as now in effect or as may hereinafter be amended from time to time.

Section 335.100: Equipment on Motor Vehicle Generally

No person shall drive a motor vehicle not complying with the following requirements as to equipment:

Brakes: All motor vehicles, except motorcycles, shall be provided at all times with two sets of adequate brakes, kept in good working order. Motorcycles shall be provided with one set of adequate brakes kept in good working order.

Signaling Devices: Every motor vehicle shall be equipped with a horn, directed forward, or whistle in good working order, capable of emitting a sound adequate in quantity and volume to give warning of the approach of such vehicle to other users of the street and to pedestrians. Such signaling device shall be used for warning purposes only and shall not be used for making any unnecessary noise, and no other sound-producing signaling device shall be used at any time.

Mirrors: All motor vehicles which are so constructed or loaded that the driver cannot see the street behind such vehicle by looking back or around the side of such vehicle shall be equipped with a mirror so adjusted as to reveal the street behind and be visible from the driver's seat.

Mufflers and Muffler Cutouts: Muffler cutouts shall not be used and no vehicle shall be driven in such manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling device or other parts or by any improperly loaded cargo. The motors of all motor vehicles shall be fitted with properly attached mufflers of such capacity or construction as to quiet exhaust noises insofar as possible. Any cutouts or opening in the exhaust pipe between the motor and the muffler on any motor vehicle shall be completely closed and disconnected from its operating lever, and shall be so arranged that it cannot automatically open or be opened or
operated while such vehicle is in motion.

Section 335.110: Lights on Vehicle

No person shall drive a vehicle during the period from one-half hour after sunset to one-half hour before sunrise without front and rear lights, which shall meet all the requirements of state law.

Section 335.120: Objects Projecting from Vehicle

All vehicles carrying poles or other objects which project more than five feet from the rear of such vehicle shall, during the period when lights are required by this Title, carry a red light at or near the end of the pole or object so projecting. At other times a red flag or cloth not less than sixteen inches square shall be displayed at the end of such projections.

Section 335.130: Obstruction to Driver's View

No person shall drive a vehicle when it is so loaded or when they are in a front seat such number of persons exceeding three as to obstruct the view of the driver to the front or sides of a vehicle or so as to interfere with the driver's control over the vehicle. No passenger in any vehicle shall ride in such position as to interfere with the view of the driver or with the driver's control over the vehicle.

Section 335.135: Specifications for Sun Screening Device Applied To Windshield or Windows

1. 
   Any person may operate a motor vehicle with front side-wing vents or windows located immediately to the left and right of the driver that have a sun screening device, in conjunction with safety glazing material, that has a light transmission of thirty-five percent or more plus or minus three percent and a luminous reflectance of thirty-five percent or less plus or minus three percent. Except as provided in Sub Section 5 of this section, any sun screening device applied to front side-wing vents or windows located immediately to the left and right of the driver in excess of the requirements of this section shall be prohibited without a permit pursuant to a physician's prescription as described below. A permit to operate a motor vehicle with front side-wing vents or windows located immediately to the left and right of the driver that have a sun screening device, in conjunction with safety glazing material, which permits less light transmission and luminous reflectance than allowed under the requirements of this Sub Section, may be issued by the department of public safety to a person having a serious medical condition which requires the use of a sun screening device if the permittee's physician prescribes its use. The director of the department of public safety shall promulgate rules and regulations for the issuance of the permit. The permit shall allow operation of the vehicle by any titleholder or relative within the second degree by consanguinity or affinity, which shall mean a spouse, each grandparent, parent, brother, sister, niece, nephew, aunt, uncle, child, and grandchild of a person, who resides in the household. Except as provided in Sub Section 2 of this section, all sun screening devices applied to the windshield of a motor vehicle are prohibited.
   
2. 
   This section shall not prohibit labels, stickers, decalcomania, or informational signs on motor vehicles or the application of tinted or solar screening material to recreational vehicles as defined in section 700.010, RSMo, provided that such material does not interfere with the driver's normal view of the road. 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 which is normally tinted by the manufacturer of motor vehicle safety glass.
   
3. 
   Any person who violates the provisions of this section is guilty of a class C misdemeanor.
   
4. 
   Any vehicle licensed with a historical (State) license plate shall be exempt from the requirements of this section.
   

Section 335.140: Boarding or Alighting from Vehicles in Motion Prohibited

No person shall board or alight from any vehicle while it is in motion.

Section 335.150: Riding on Portions of Vehicles not Designed for Passengers Prohibited

No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise.

Section 335.170: Throwing of Trash, Glass, Nails, Etc., on Streets Prohibited

No person shall throw or place on any street any trash, tacks, nails, wire, scrap metal, glass, crockery, sharp stones or other substances injurious to the feet of persons or animals or to the tires of vehicles. Any person who has purposely or accidentally dropped any such substance upon the street shall immediately clear such street of the same.

Section 335.180: Hauling of Rubbish or Loose Material

No vehicle shall be used to haul rubbish, trash, loose bottles, tin cans, brush, waste paper, loose dirt, rocks or material of similar nature upon the public streets without first having been equipped with the proper equipment, as set out in this section, to prevent the load, or any part thereof, from falling, dropping or being blown off the vehicle while in motion. The bed and sidewalks of such vehicle shall be so constructed that the load or any part thereof shall not drop through or from the vehicle. The vehicle shall not be loaded in such a manner that any part of the load extends above or over the sidewalls of the truck bed. When the vehicle is being used for carrying loose paper or other material that may be blown from the load, a tarpaulin or screen cover of sufficient mesh shall be used to cover the load to prevent its being blown from the vehicle while in motion.

Section 335.190: Signs and Stickers on Vehicle Windows

No person operating a motor vehicle in the City shall have affixed to the windshield or any of the windows thereof any sign, sticker, insignia or other obstructions or defects that limit visibility, except the city license sticker or other sign, insignia or sticker required by any law or regulation, federal, state or city. Such city license shall be placed in the lower right hand corner of the windshield and such other lawfully required sign, sticker or insignia shall be placed in such place and in such manner as not to obstruct the view of the driver; provided, that stickers that do not occupy more than five percent of the glass area may be affixed to the rear window in such manner and place so as not to obstruct the view of the driver.

Section 335.200: Dimming of Lights Required Upon Approach of Other Vehicles

Every person operating a motor vehicle shall depress his headlights from a high beam to a low beam within five hundred feet when approaching another vehicle traveling in the opposite direction.

Section 335.210: Growing of Shrubs, Etc., Near Intersections

No person shall permit any shrub, tree, hedge, flower or other form of vegetation to grow within thirty feet of the intersection of the curb lines of two intersecting streets to a height in excess of two feet above the lowest grade of the two intersecting streets; provided, that trees now growing in such areas may grow above such height if the limbs are trimmed to a minimum height of eight feet.

Section 335.220: Unattended Motor Vehicles

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key; provided, that this shall not apply to local delivery trucks while in the process of making delivery when the name of the owner of such truck is lettered thereon. When any motor vehicle is left standing upon any perceptible grade, the driver or operator shall, before leaving such motor vehicle, effectively set the brake thereon and turn the front wheels to the curb or side of the street.

Section 335.230: Clinging to Vehicles Prohibited

No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

Section 335.240: Serial Numbers, Motor Numbers, Etc. of Motor Vehicle

No person shall destroy, remove, cover, alter or deface or cause or permit to be destroyed, removed, covered, altered or defaced the manufacturer's number, the motor number, the serial number or other distinguishing number on any motor vehicle. Each violation in reference to any one motor vehicle shall constitute a separate offense.

Section 335.250: Same as Above - Record to be kept by Motor Vehicle Dealers

Every motor vehicle dealer shall make and keep a permanent written record, in a book set aside for that purpose, of the manufacturer's number, the serial number, or other distinguishing number of every motor vehicle which such dealer sells or exchanges or offers for sale or exchange. Such record shall be kept upon the dealer's premises and shall be subject to inspection and examination by police officers at any time. Each violation in reference to any one motor vehicle shall constitute a separate offense.

Section 335.260: Hand and Mechanical Signals for Turn and Stops

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

Sub Section A. An operator or driver, when stopping or when checking the speed of his vehicle, if the movement of other vehicles may reasonably be affected by such checking of speed, shall extend his arm at an angle below horizontal so that the same may be seen from the rear of his vehicle.

Sub Section B. An operator or 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 from the front of and from the rear of his vehicle, and shall slow down and approach the intersecting highway as near as practicable to the right side of the highway along which he is proceeding before turning.

Sub Section C. An operator or driver intending to turn his vehicle to the left shall extend his arm in a horizontal position so that the same may be seen from the rear of his vehicle and shall slow down and approach the intersecting highway so that the left side of his vehicle shall be as near as practicable to the center line of the highway along which he is proceeding before turning.

Sub Section D. The signals required by this Section shall be given either by means of the hand and arm or by a signal light or signal device in good mechanical condition. However, when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle, then such signals shall be given by such light or device.

Sub Section E. A vehicle shall be considered as so constructed or loaded that a hand & arm signal would not be visible both to the front and rear when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereon exceeds fourteen feet, which limit of fourteen feet shall apply to single vehicles or combinations of vehicles.

The provisions of this sub-section shall not apply to any trailer which does not interfere with a clear view of the hand signals of the operator or of the signaling device upon the vehicle pulling said trailer. The provisions of this section, as far as mechanical devices on vehicles so constructed that the hand and arm signal would not be visible both to the front and rear of such vehicle, shall only be applicable to new vehicles registered within this state after the first day of July, 1954.

Section 335.270: Vehicles Pulling Away From the Curb

The driver moving a vehicle from the curb or side of the street into the traffic lane shall yield the right of way to all vehicles which are in motion on such street.

Section 335.280: Passing Other Vehicles Traveling in Same Direction - Generally

1. 
   The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations and exceptions contained in the City of Pleasant Hope Traffic Code:
   
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 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.
   
4. 
   No vehicle shall at any time overtake and pass or attempt to pass or operate his vehicle 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 road 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. 
   Within 100 feet of any bridge, viaduct, tunnel, intersection or railroad crossing.
   

5. 
   It shall be unlawful for the operator of a motor vehicle to overtake and pass another vehicle to the right, except:
   

1. 
   The operator of a motor vehicle may pass on the right if such movement may be safely
   made in the case of streets or highways with two or more clearly marked lanes of traffic traveling in the same direction and the passing movement is made solely within one of the clearly marked traffic lanes; or
   
2. 
   The operator of a motor vehicle may pass another motor vehicle that is in a clearly
   marked turning lane in the case of a street or highway with three or more lanes of traffic, one of which is designated exclusively for turning movements, if the passing movement is made solely within a clearly marked traffic lane.
   

Section 335.290: Following Other Vehicles

No driver of a vehicle shall 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 street.

Section 335.300: Manner of Operation of Motor Vehicles

Every person operating a motor vehicle shall drive the vehicle in a careful and prudent manner so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.

Section 335.310: Driving While Intoxicated or with Excessive Blood Alcohol Content

Sub Section A. Definitions

As used in this section, the term "drive," "driving," "operate," or "operating" means physically driving or operating or being in actual physical control of a motor vehicle.

As used in this section, a person is in an "intoxicated condition" when he is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.

Sub Section B. Driving While Intoxicated

1. 
   A person commits the crime of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugged condition.
   
2. 
   Driving while intoxicated is for the first offense, a Class A misdemeanor. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence for such offense, unless such person shall be placed on probation for a minimum of two years.
   

Sub Section C. Excessive Blood Alcohol Content

1. 
   A person commits the crime of driving with excessive blood alcohol content if he operates a motor vehicle in this city with eight-hundredths of one percent or more by weight of alcohol in his blood.
   
2. 
   As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood and may be shown by urine. For purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the provisions of Sections 577.020 to 577.041 RSMo. 1978, as amended.
   
3. 
   For the first offense, driving with excessive blood alcohol content is a Class A misdemeanor.
   

Sub Section D. Subsequent Convictions

1. 
   Any person convicted of violating the provisions of Section 2 or Section 3 of this ordinance, for the second or subsequent offenses or for violating the provisions of Section 2 or Section 3 of this ordinance after previously having been convicted of a violation of the provisions of any county or municipal ordinance or state law for driving while intoxicated or for driving with excessive blood alcohol content shall be guilty of a Class A misdemeanor, provided, however, that a second offense or a first offense after a previous conviction of one of the others of such sections or any one of such ordinances or laws which occurs more than ten years after the previous offense shall be treated as a first conviction.
   
2. 
   No Court shall suspend the imposition of sentence as to such person.
   
3. 
   Evidence of prior convictions shall be heard and determined by the trial court and in the case of a jury trial out of the hearing of the jury prior to the submission of the case to the jury, and shall include, but shall not be limited to, evidence of convictions received by a search of the records of combination thereof.
   

Sub Section E. Classification of Offenses and Penalties
The classification of the offenses set forth in this section and the penalties therefore are the same as those established and imposed in Section 225.010.

Section 335.320: Open Container in a Motor Vehicle

Sub Section A. No person shall knowingly transport in any vehicle operating upon a public highway, street or alley within the corporate city limits of Pleasant Hope, any intoxicating liquor (as defined in Chapter 311, Revised Statutes of Missouri) or non-intoxicating beer (as defined in Chapter 312, Revised Statutes of Missouri) except in the original container which shall not have been opened, and the seal upon which shall not have been broken, and from which the original cap or cork shall not have been removed, unless the open container be in a locked glove compartment, or be in the rear trunk or rear compartment, which is not accessible to the driver or any other person in such vehicle while it is in motion. In the case of a pickup truck, station wagon, hatchback, or other similar vehicle, the area behind the last upright seat shall not be considered accessible to the driver or any other person.
Sub Section B. Violation of this Section shall be deemed a misdemeanor and upon conviction shall be punished as provided in Section 365.110 and 365.120 of this Code.

Section 335.330: Registration (State) License Required

No person shall operate any motor vehicle on the streets of the City unless said vehicle has proper and current state registration license plates properly displayed.

Section 335.340: Driving While License is Cancelled, Revoked, or Suspended

Any person whose operator's or chauffeur's license and driving privilege as a resident or non-resident has been cancelled, suspended or revoked under the provisions of Section 302.010 to 302.340, Section 302.500 to 302.540, Section 544.046, RSMo. or under the provisions of Chapter 577, RSMo. and who drives any motor vehicle upon the streets or highways of the City of Pleasant Hope, Missouri, while such license and privilege is cancelled, suspended, or revoked, and before an official reinstatement notice or termination notice is issued by the Director of Revenue of the State of Missouri, or other official authorized by him to make such reinstatement or termination notice, is guilty of a class A misdemeanor. No court shall suspend the imposition of sentence as to such a person nor sentence such a person to pay such a fine in lieu of a term of imprisonment, nor shall such a person be eligible for parole or probation until he has served a minimum of forty-eight (48) consecutive hours of imprisonment, unless as a condition of such parole or probation such a person performs at least ten (10) days involving at least forty (40) hours of community service under the supervision of the Court in those jurisdictions which have a recognized program for community service.

Section 335.350: Unnecessary Motor Acceleration

No person shall accelerate a motor vehicle in such a manner that the tires of such vehicle lose traction and thereby squeal, squall or spin, nor decelerate a motor vehicle in such a manner that the tires of such vehicle lock and skid, except when reasonably necessary in an attempt to avoid an accident or collision with another vehicle or with an object, person or animal.

Any person violating the provisions of this Section shall, upon conviction, be deemed guilty of a misdemeanor, and be punished as provided by Section 365.1 10 and 365.120 of this Title.

Section 335.360: Motor Vehicle Noise - Excessive

Sub Section A. A person commits the crime of excessive motor noise if he/she fails to cause any motor vehicle he/she is driving to be fitted with properly attached mufflers of such capacity or construction as to quiet the maximum possible exhaust noise as completely as is done in modern gas engine passenger motor vehicles.

Sub Section B. Motor vehicle noise shall be a Class "C" Misdemeanor as defined in Chapter 225.

Section 335.370: Operation of Motor Vehicle on the Right Half of the Roadway

Sub Section A. Upon all public highway, roads and alleys within the City 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 when such
   movement is lawful under City Ordinance and State Law.
   
2. 
   When placing a vehicle in position for and when such vehicle is lawfully making a left turn in
   compliance with the provisions City ordinance and State 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.
   

Sub Section B. Violation of this Section shall be deemed a misdemeanor and upon conviction shall be punished as provided in Section 365.110 and 365.120 of this Code.

Sub Section C. Whenever any roadway has been divided into three 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 lanes a vehicle shall not be driven in the center lane
   except for traffic entering such roadway by a left turn, until the vehicle may safely merge into the proper lane of traffic, 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, the center lane shall not be used for passing a vehicle traveling in the same direction except for emergency vehicles where such movement may be safely made.
   

Section 335.377: Prohibition against Roller Skating or Skateboarding on Sidewalks

Sub Section A. It shall be unlawful to roller skate or skateboard on any sidewalk in the central business district as defined in this Chapter between the hours of 6:00 A.M. and 8:00 P.M. on Monday through Saturday

.

Sub Section B. Any person violating the provisions of this Section shall be deemed guilty of an infraction and upon conviction, shall be punished as provided by Section 225.010(B)(l)(d) of the Pleasant Hope Municipal Code.

Sub Section C. No culpable mental state is necessary to constitute a violation of the provisions of this Section.

Section 335.380: Cruising.

Sub Section A. For the purposes of this Section, the terms "cruise" or "Cruising" shall mean the practice of driving a motor vehicle through, onto, over, or across private property, private ways, commercial parking lots, or other non-public areas, except for the purpose of conducting social or commercial business with the owner, tenant, or occupant of such premises.
Sub Section B. It shall be lawful for the owner, tenant, or occupant of any lot, parcel, or tract of land in the City of Pleasant Hope, Missouri, to post such property in a conspicuous manner and at all normal entrances thereof with signs reading:

NO "CRUISING"

VIOLATORS SUBJECT TO PROSECUTION UNDER SECTION 335.380 OF THE PLEASANT HOPE CITY CODE

Sub Section C. It shall be unlawful for any person to "cruise" on any premises posted in accordance with Sub Section B
hereof.

Sub Section D. Violation of this Section shall be deemed an infraction punishable as provided in Section 225.010 of the Municipal Code of the City of Pleasant Hope, Missouri.