AN ORDINANCE FOR NON-MINOR TRAFFIC VIOLATIONS SETTING FORTH SPECIFIC PROHIBITIONS; GENERAL REQUIREMENTS; PENALTY; LIST OF NON-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 – NON-MINOR TRAFFIC VIOLATIONS

Section 1 – Defined

Section 2 – Penalty for non-minor traffic violations

Section 3 – Collection of unpaid fines and court costs

Sections 4 through 5 – Reserved

ARTICLE II –NON-MINOR TRAFFIC RULES, REGULATIONS AND PROHIBITIONS

Section 6 – Definitions

Section 7 – Applicability

Section 8 – Parties to violation

Section 9 – Offenses by person owning or controlling vehicles

Section 10 – Driver’s license

Section 11 – Driving while revoked or suspended

Section 12 – Financial Responsibility

Section 13 – Careful, prudent driving required

Section 14 – Speed limits

Section 15 – All-Terrain Vehicles

Section 16 – Utility Vehicles

Section 17 – Accidents, accident reports, leaving the scene of an accident

Section 18 – Driving while intoxicated

Section 19 – Fleeing or attempting to elude a police officer

Section 20 – School bus regulations defining when drivers shall stop for a school bus, required signage and crossing control arm, school bus driver responsibilities, driver identity rebuttable presumption, additional penalties

ARTICLE I – NON-MINOR TRAFFIC VIOLATIONS

SECTION 1 – Defined

The following charges are non-minor traffic violations and are not subject to the rules and regulations as set forth in the Minor Traffic Violations Ordinance:

Any moving violation when there is a personal injury or property damage;
Any violation occurring within a school zone;
Speeding – 19 or more miles over the speed limit;
Leaving the scene of an accident (6 points);
Operating without a valid license
- Second conviction, with injury or property damage (6 points)
- Third and subsequent convictions (6 points), with injury or property damage (8 points);
Operating with a suspended or revoked license prior to restoration of operating privileges (12 points);
Obtaining a license by misrepresentation (12 points);
Knowingly permitting an unlicensed driver to operate a motor vehicle, with injury or property damage (6 points)
Failure to have insurance or proof of financial responsibility, with injury or property damage (6 points);
Driving while in an intoxicated condition or under the influence of a controlled substance or drugs – First conviction (8 points);
Driving with a blood alcohol content of eight-hundredths of one percent or more by weight (8 points);
Second and subsequent convictions of any of the following offenses however combined: driving while in an intoxicated condition, driving under the influence of a controlled substance or drugs or driving with a blood alcohol content of eight-hundredths of one percent or more by weight (12 points);
Aggravated endangerment of a highway worker (12 points);
Aggravated endangerment of an emergency first responder (12 points);
Violations occurring within a construction zone.

SECTION 2 – Penalty for non-minor traffic violations

a. Upon entering a guilty plea or upon a finding of guilt, a fine not to exceed $500; confinement not to exceed 90 days; or both a fine and confinement may be imposed by the Court. The Court shall adopt an electronic payment system or payment by mail for the payment of non-minor traffic violations.

b. In addition to a fine and/or confinement, the Court may order, including, but not limited to, the following:

place on unsupervised probation not to exceed two years;
directed to perform community service hours;
attend substance abuse or anger management classes;
pay restitution when applicable;
be restricted from having contact with persons or places.

SECTION 3 – Collection of 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 4 through 5 – Reserved

ARTICLE II – NON-MINOR TRAFFIC VIOLATIONS

RULES, REGULATIONS AND PROHIBITIONS

SECTION 6 – 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

Careless and imprudent driving – Careless, reckless or imprudent driving includes, but shall not be limited to, any violation of Missouri Revised Statutes §§ 304.016 and 304.010, or any other violation of federal or state law, or any county or municipal ordinance while driving a vehicle in a willful or wanton disregard for the safety of persons or property, or improper or erratic traffic lane changes, or following the vehicle ahead too closely, but shall not include careless and imprudent driving by excessive speed

Chief of Police – Chief of Police or his authorized representative

City Clerk – City Clerk or her authorized representative

Commercial vehicle – every vehicle designed, maintained or used primarily for the transportation of property or more than 15 persons

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

Director – the Director of Revenue acting directly or through the Director’s authorized officers or agents

Driver – any person who is physically driving or operating or being in actual physical control of a motor 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

Driving while intoxicated – operating a vehicle with eight-hundredths of one percent (.08) or more by weight of alcohol in the person’s blood

Driving with excessive blood alcohol – operating a vehicle with eight-hundredths of one percent (.08) or more by weight of alcohol in the person’s blood

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 – any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality

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

Motor vehicle –any self-propelled vehicle not operated exclusively on tracks, except motorized bicycles

Motorcycle – a motorized vehicle operated on three wheels, including a motorcycle operated with any conveyance, temporary or otherwise, requiring the use of a third wheel

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.

Operator – every person who is in actual physical control of a motor vehicle

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

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

Record – includes, but is not limited to, papers, documents, facsimile information, micro-photographic process, electronically generated or electronically recorded information or digitized images deposited or filed with the Department of Revenue

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

Restricted driving privilege – a driving privilege issued by the Director of Revenue following a suspension of driving privileges for the limited purpose of driving in connection with the driver’s business, occupation, employment, formal program of secondary, postsecondary or higher education, or for an alcohol education or treatment program

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.

School bus – any motor vehicle, either publically or privately owned, used to transport students to and from school or to transport pupils properly chaperoned to and from any place within the state for educational purposes

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

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

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 7 – 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 8 – Parties to violation

a. 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.

b. It shall be a non-minor traffic violation when there is property damage or personal injury that results from a violation of this Section.

c. If the offense occurs in a school zone, it shall be a non-minor traffic violation.

d. When the offense occurs, if the driver of the vehicle is found to be driving while intoxicated, under the influence of drugs or with excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 9 – Offenses by persons owning or controlling, but not operating a vehicle

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 shall be a non-minor traffic violation when there is property damage or personal injury that results from a violation of this Section.

d. If the offense occurs in a school zone, it shall be a non-minor traffic violation.

e. When the offense occurs, if the driver of the vehicle is found to be driving while intoxicated, under the influence of drugs or with excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 10 – Driver’s license

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. It is a non-minor traffic violation when there is property damage or personal injury and this is a second conviction of or guilty plea by any individual for driving without a valid license; or for third and subsequent convictions or guilty pleas whether or not there is property damage or personal injury.

c. If the offense occurs in a school zone, it shall be a non-minor traffic violation.

SECTION 11 – Driving while revoked or suspended

No person shall drive or operate any motor vehicle upon any roadway within City limits whose license, right or privilege to operate a motor vehicle is currently suspended or revoked by this or any other jurisdiction.

SECTION 12 – Financial Responsibility

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 a non-minor traffic violation for failure to have insurance or failure to provide proof of insurance when there is property damage or personal injury.

g. If the offense occurs in a school zone, it shall be a non-minor traffic violation.

h. When the offense occurs, if the driver of the vehicle is found to be driving while intoxicated, under the influence of drugs or with an excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 13 – Careful, prudent driving required

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 be a non-minor traffic violation.

c. If the offense occurs in a school zone, it shall be a non-minor traffic violation.

d. When the offense occurs, if the driver of the vehicle is found to be driving while intoxicated, under the influence of drugs or with an excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 14 – Speed limits

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

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

The speed limit in all school zones on school days when children are present shall not exceed 20 miles per hour.
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.
It is a rebuttable presumption that the posted speed limit is the legal speed limit.
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.

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.
Speeding in excess of 19 miles or more over the posted speed limit is a non-minor traffic violation.
Regardless of speed, if the offense occurs in a school zone, it shall be a non-minor traffic violation.
Regardless of speed, when the offense occurs, if the driver of the vehicle is found to be driving while intoxicated, under the influence of drugs or with an excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 15 – All-terrain vehicle requirements

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 be a non-minor traffic violation.

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 vehicle is required to have a valid driver’s license and that operator’s license becomes suspended or revoked, it shall be a non-minor traffic violation.

e. If the offense occurs in a school zone, it shall be a non-minor violation.

f. When the offense occurs, if the driver of the all-terrain vehicle is found to be driving while intoxicated, under the influence of drugs or with an excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 16 – Utility vehicle requirements

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 be a non-minor traffic violation.

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 of the 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 be a non-minor traffic violation.

e. If the violation occurs within a school zone, it shall be a non-minor traffic violation.

f. When the offense occurs, if the driver of the utility vehicle is found to be driving while intoxicated, under the influence of drugs or with an excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 17 – Accidents, accident reports, leaving the scene of an accident

a. Every person driving a motor vehicle upon the roadways of the City knowing that an injury has been caused to any person or damage has been caused to property due to his operation of the vehicle shall promptly stop and shall not leave the scene of such injury, damage or accident without proving the following information:

1) The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property that is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving and shall, upon request and if available, exhibit his driver’s license or permit to drive to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in such accident.

2) The driver shall give such information and, upon request, exhibit his license or permit to drive to any police officer at the scene of the accident who is investigating the accident; and

b. Duty upon striking unattended vehicle or other property

The driver of any vehicle that collides with or is involved in an accident with any vehicle or other property that is unattended, resulting in any damage to the other vehicle or property, shall:

1) immediately stop and either locate and notify the operator or owner of the damaged vehicle or other property of his name, address and the registration number of the vehicle he is driving; or

2) shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving his name, address and the registration number of the vehicle he is driving; and

3) without unnecessary delay, notify the police department.

4) Every such stop shall be made without obstructing traffic more than is necessary.

c. False reports

A person shall not give information in oral or written reports, as required in this Section or Missouri Revised Statutes §§ 300.110 through 300.115, knowing or having reason to believe that such information is false.

SECTION 18 – Driving while intoxicated or driving with excessive blood alcohol content.

a. Driving while intoxicated. A person commits the offense of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugged condition. If there was eight-hundredths of one percent (.08) or more by weight of alcohol in the person’s blood, it shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.

b. Excessive blood alcohol content. A person commits the offense of driving with excessive blood alcohol content if he operates a motor vehicle with eight-hundredths of one percent (.08) or more by weight of alcohol in the person’s blood.

c. Percent by weight of alcohol shall have the same meaning as provided by Missouri Revised Statute § 577.012.

d. Procedure on arrest. Any arrest for driving while intoxicated shall be handled as any other arrest for an offense of the same severity, except as follows:

1) As soon as practicable following such arrest, the police department shall obtain the driving record of the person arrested.

2) No person who has 3 or more prior convictions for driving while intoxicated or driving with excessive blood alcohol content within 5 years of the date of the present alleged offense shall be prosecuted through the municipal court until after the state prosecuting attorney has had the opportunity to review the case and consider filing appropriate state charges.

3) No person, regardless of his prior conviction record, shall be prosecuted through the municipal court where it appears possible that a charge of involuntary manslaughter (Missouri Revised Statute § 566.024) might be sustained until after the state prosecuting attorney has had the opportunity to review the case and to consider filing appropriate charges.

4) In all other cases, the City prosecuting attorney shall have the discretion to file the appropriate charge with the municipal court or he may refer the case to the state prosecuting official.

5) The procedures described herein shall be directory and not mandatory. The failure to follow the procedures provided for in this subsection shall not invalidate any prosecution or be cause to overturn any conviction for violations of subsection a or b above, but may be reason for discipline of the city official(s) violating this section.

e. Procedure in municipal court. No person charged with driving while intoxicated or driving with excessive blood alcohol content shall have his case heard in municipal court except in accordance with the following procedure:

1) The defendant shall either be represented by an attorney or shall voluntarily waive his right to such representation by execution of a written waiver. If the defendant chooses to do neither (or if because he is an indigent or is unable to employ an attorney), the prosecution of the case shall be suspended and the case referred to the state prosecuting official. Only if the state prosecuting official declines to proceed with a state criminal prosecution shall the municipal prosecution be resumed.

2) Neither the municipal judge nor any other municipal official shall have the power to revoke any operator’s or chauffeur’s license.

f. Additional Penalty. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence unless such person is placed on probation for a minimum of 2 years.

SECTION 19 – Fleeing or attempting to elude a police officer

a. It shall be unlawful for the driver of a motor vehicle to willfully fail or refuse to bring his vehicle to a stop, or otherwise flee or attempt to elude a pursuing police vehicle, when given visual or audible signal to bring the 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 of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle.

b. If, after notice of the intention to arrest, the defendant either flees, attempts to flee or forcibly resists, the officer may use all necessary means to affect the arrest.

SECTION 20 – School bus regulations defining when drivers shall stop for a school bus, required signage and crossing control arm, school bus driver responsibilities, driver identity rebuttable presumption, additional penalties

a. Driver of other vehicles required to stop

The driver of a vehicle upon a street or highway upon meeting or overtaking from either direction any school bus that has stopped on the street or highway for the purpose of receiving or discharging any school children and when the school bus driver has given the signal to stop as required in this ordinance, shall stop the vehicle before reaching the school bus and shall not proceed until the school bus resumes motion or until signaled by the school bus driver to proceed.

b. School bus signage

1) Every bus used for the transportation of school children shall bear upon the front and rear a plainly visible sign containing the words “SCHOOL BUS” in letters not less than eight inches high.

2) Each bus shall have lettered on the rear in plain and distinct type the following: “State Law: Stop while bus is loading and unloading.”

3) Each school bus shall be equipped with a mechanical and electrical signaling device approved by the state board of education that will display a signal plainly visible from the front and rear, indicating the school bus driver’s intention to stop.

c. Crossing control arm

Every school bus operated to transport school children shall be equipped with a crossing control arm. The crossing control arm, when activated, shall extend a minimum of five feet six inches from the face of the front bumper. The crossing control arm shall be attached on the right side of the front bumper and shall be activated by the same controls that activate the mechanical and electrical signaling devices described in subsection b above.

d. School bus driver’s responsibilities

1) The driver of a school bus in the process of loading or unloading students upon a street or highway shall activate the mechanical and electrical signaling devices, in the manner prescribed by the state board of education, to communicate to drivers of other vehicles that students are loading or unloading.

e. Missouri Revised Statute § 304.050 states:

A public school district shall have the authority pursuant to this section to adopt a policy which provides that the driver of a school bus in the process of loading or unloading students upon a divided highway of 4 or more lanes may pull off of the main roadway and load or unload students without activating the mechanical and electrical signaling devices in a manner which gives the signal for other drivers to stop and may use the amber signaling devices to alert motorists that the school bus is slowing to a stop; provided that the passengers are not required to cross any traffic lanes and also provided that the emergency flashing signal lights are activated in a manner which indicates that drivers should proceed with caution, and in such case, the driver of a vehicle may proceed past the school bus with due caution. No driver of a school bus shall take on or discharge passengers at any location upon a highway consisting of 4 or more lanes of traffic, whether or not divided by a median or barrier, in such manner as to require the passengers to cross more than two lanes of traffic; nor shall any passengers be taken on or discharged while the vehicle is upon the road or highway proper unless the vehicle so stopped is plainly visible for at least 500 feet in each direction to drivers of other vehicles in the case of a highway with no shoulder and a speed limit greater than 60 miles per hour and at least 300 feet in each direction to drivers of other vehicles upon other highways, and on all highways, only for such time as is actually necessary to take on and discharge passengers.

This provision is not applicable to the City as there is no divided highway of 4 or more lanes within the City limit at which there is an authorized school bus stop.

f. Missouri Revised Statute § 304.050 states:

The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or overtaking a school bus which is on a different roadway, or which is proceeding in the opposite direction on a highway containing 4 or more lanes of traffic, or which is stopped in a loading zone constituting a part of, or adjacent to, a limited or controlled access highway at a point where pedestrians are not permitted to cross the roadway.

This provision is not applicable to the City as there are no streets or highways with separate roadways that contain 4 or more lanes of traffic or loading zones constituting part of, or adjacent to, a limited or controlled access highway at a point where pedestrians are not permitted to cross the roadway at which there is an authorized school bus stop.

g. The driver of any school bus driving upon the streets or highways after loading or unloading school children shall remain stopped if the bus is followed by 3 or more vehicles, until such vehicles have been permitted to pass the school bus if the conditions prevailing make it safe to do so.

h. Rebuttable presumption

1) If any peace officer or school bus driver witnesses a violation of the provisions of this ordinance and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed the violation.

2) In the event that charges are filed against multiple owners of a motor vehicle, only one of the owners may be convicted and court costs may be assessed against only one of the owners.

3) If the vehicle that is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the presumption by providing the peace officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation.

4) No prosecuting authority may bring any legal proceedings against a rental or leasing company under this ordinance unless prior written notice of the violation has been given to that rental or leasing company by registered mail at the address appearing on the registration and the rental or leasing company has failed to provide the rental or lease agreement copy within 15 of receipt of such notice.

i. Additional Penalty

1) In addition to the penalties set forth in Section 2 of this Ordinance, the Court may suspend the driver’s license of any person who violates the provisions of this Ordinance. If ordered by the Court, the Director shall suspend the driver’s license for 90 days for a first offense and 120 days for a second or subsequent offense of this Ordinance. Prosecution of any person who violates this Ordinance, when the violation results in the injury or death of any child, shall be by the state prosecuting attorney.

2) Any appeal of a suspension imposed under this Section shall be as a direct appeal of the court order and subject to review by the presiding judge of the Circuit Court or another judge within the circuit other than the judge who issued the original order to suspend the driver’s license. Any suspension of the driver’s license ordered by the Court under this Section shall be in addition to any other suspension that may occur as a result of the conviction pursuant to other provisions of law.

ALL ORDINANCES OR PARTS OF ORDINANCES OR POLICIES IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED.

This ordinance shall be effective upon the date of its passage and approval. [i]

1^ST READING on this the 11^th day of April 2017.

2^ND READING on this the 11^th day of April 2017.

This Ordinance was read, passed, and approved this 11^th day of April 2017.

Attest:

_______________________________

Jennifer Perkey-Ewing, Mayor Ayes: Humble, Pilcher, Rich, Robb

_______________________________

Brittany Schenker, City Clerk Nays: None

[i] For informational purposes, this ordinance updates, supplements, and in some instances, repeals and replaces the following ordinances: 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. 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. 1378, enacted April 10, 2012 (Regulating the Operation of Motor Vehicles in the City of Rich Hill, Missouri – includes driving in a careless and imprudent manner, speeding, driving while intoxicated or under the influence of drugs, leaving the scene of an accident, failure to yield); 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 No. 1104, enacted June 13, 2000 (Driving while license cancelled, revoked or suspended).

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.

For informational purposes, authority for various provisions of this ordinance can be found in the following Missouri Revised Statutes:

577.060 (Leaving the scene of an accident); § 304.050 (School bus equipment and passing regulations); § 302.321 (Driving while license is suspended or revoked); § 577.010 (Driving while intoxicated); § 577.012 (Driving with excessive blood alcohol content); § 304.050 (School bus regulations). See also the statutory references set forth in the end note of Ordinance No. 1647, Minor Traffic Regulations, enacted March 31, 2017.