CHAPTER 310: ENFORCEMENT AND OBEDIENCE TO TRAFF

CHAPTER 310: ENFORCEMENT AND OBEDIENCE TO

TRAFFIC REGULATIONS

SECTION 310.010: AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS

A. It shall be the duty of the officers of the Police Department or such officers as are assigned by the Chief of Police to enforce all traffic laws of the City and all of the State vehicle laws applicable to traffic in the City.

B. Officers of the Police Department or such officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Depart­ment may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.

C. Officers of the Fire Department, when at the scene of an incident, may direct or assist the Police in directing traffic thereat or in the imme­diate vicinity.

SECTION 310.020: OBEDIENCE TO POLICE AND FIRE DEPARTMENT OFFICIALS

No person shall knowingly fail or refuse to comply with any lawful order or direction of a Police Officer or Fire Department official.

SECTION 310.030: PERSONS PROPELLING PUSHCARTS OR RIDING ANIMALS TO

OBEY TRAFFIC REGULATIONS

Every person propelling any pushcart or riding an animal upon a road­way, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this Title applicable to the driver of any vehicle, except those provisions of this Title which by their very nature can have no application.

SECTION 310.040: USE OF COASTERS, ROLLER SKATES AND SIMILAR DEVICES

RESTRICTED

No person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties appli­cable to pedestrians. This Section shall not apply upon any street while set aside as a play street as authorized by ordinance of the City.

SECTION 310.050: PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS

The provisions of this Title shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this State, County or City and it shall be unlawful for any said driver to violate any of the provisions of this Title, except as otherwise permitted in this Title.

SECTION 310.060: AUTHORIZED EMERGENCY VEHICLESPERMITTED ACTS OF DRIVERS

A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Sec­tion, but subject to the conditions herein stated.

B. The driver of an authorized emergency vehicle may:

1. Park or stand, irrespective of the provisions of this Title;

2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

3. Exceed the maximum speed limits so long as he/she does not en­danger life or property; and

4. Disregard regulations governing direction of movement or turning in specified directions.

C. The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle while in motion sounds audible signal by siren or while having at least one (1) lighted lamp exhibiting a red light visible under normal atmo­spheric conditions from a distance of five hundred (500) feet to the front of such vehicle or a flashing blue light authorized by Section 310.080.

D. The foregoing provisions shall not relieve the driver of an author­ized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his/her reckless disregard for the safety of others.

SECTION 310.070: OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED

EMERGENCY VEHICLES

A. Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the laws of this State, or of a Police vehicle properly and lawful­ly making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a Police Officer.

B. This Section shall not operate to relieve the driver of an author­ized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

SECTION 310.080: SIRENS AND FLASHING LIGHTS EMERGENCY USEPERSONS AUTHORIZEDVIOLATIONPENALTY

Motor vehicles and equipment, not otherwise defined in this Title as an authorized emergency vehicle, which are operated by any member of an organized Fire Department, ambulance association, or rescue squad, whether paid or volunteer, may be operated on streets and highways in this City as an emergency vehicle under the provisions of Section 304.022, RSMo., while responding to a fire call or ambulance call or at the scene of a fire call or ambulance call and while using or sounding a warning siren and while using or displaying thereon fixed, flashing or rotating blue lights, but sirens and blue lights shall be used only in bona fide emergencies. Permits for the operation of such vehicles equipped with sirens or blue lights shall be in writing and shall be issued and may be revoked by the Chief of an organized Fire Department, organized ambulance association or rescue squad and no person shall use or display a siren or rotating blue lights on a motor vehicle, fire, ambulance or rescue equipment without a valid permit authorizing the use. Permit to use a siren or lights as heretofore set out does not relieve the operator of the vehicle so equipped with complying with all other traffic laws and regulations. Violation of this Section constitutes an ordinance violation.

SECTION 310.090: IMMEDIATE NOTICE OF ACCIDENT WITHIN CITY

The driver of a vehicle involved in an accident within the City resulting in injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500.00) or more to one (1) person shall give or cause to be given notice of such accident to the Police Department as soon as reasonably possible.

SECTION 310.100: WRITTEN REPORT OF ACCIDENT

The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500.00) or more to one (1) person shall, within five (5) days after such accident, forward a written report of such accident to the Police Department. The provisions of this Section shall not be applicable when the accident has been investi­gated at the scene by a Police Officer while such driver was present thereat.

SECTION 310.110: WHEN DRIVER UNABLE TO REPORT

A. Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in Section 310.090 and there was another occupant in the vehicle at the time of the accident capa­ble of doing so, such occupant shall give, or cause to be given, the notice not given by the driver.

B. Whenever the driver is physically incapable of making a written report of an accident as required in Section 310.100 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five (5) days after the accident make such report not made by the driver.

SECTION 310.120: LEAVING THE SCENE OF A MOTOR VEHICLE ACCIDENT

A. A person commits the offense of leaving the scene of a motor vehicle accident when being the operator or driver of a vehicle on the highways, streets or roads of the City or on any publicly or privately owned parking lot or parking facility, within the City, generally open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property, due to his/her culpability or to accident, he/she leaves the place of the injury, damage or accident without stopping and giving his/her name, residence, including City and street number, motor vehicle number and driver's license number, if any, to the injured party or to a Police Officer, or if no Police Officer is in the vicinity, then to the nearest Police Station or judicial officer.

B. For the purposes of this Section, all Peace Officers shall have jurisdiction, when invited by an injured person, to enter the premises of any such privately owned parking lot or parking facility for the purpose of investigating an accident and performing all necessary duties regarding such accident.

SECTION 310.130: LAW ENFORCEMENT AUTHORIZED TO REMOVE A VEHICLE

A. Members of law enforcement are authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety or to a garage designated or maintained by the Law Enforcement Department, or otherwise maintained by the City of Stockton under the circumstances hereinafter enumerated:

A.1. When any vehicle is left unattended upon any bridge, viaduct or causeway or in any tube or tunnel where such vehicle constitutes an obstruction of traffic.

A.2. When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide its custody or removal.

A.3. When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.

A.4. When any vehicle is left unattended upon the public square as set forth in Section 365.090 as to constitute unlawful parking under the terms of said Section.

B. Whenever any officer removes a vehicle from a street as authorized in this Section, any officer who knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefore and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.

C. Whenever an officer removes a vehicle from a street under this Section and does not know and is not able to ascertain the name of the owner or for any other reason is unable to give notice to the owner as hereinbefore provided and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event, the officer shall immediately send or cause to be sent a written report of such removal by mail to the State department whose duty it is to register motor vehicles and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal and the name of the garage or place where the vehicle is stored. (Ord. No. 319 §§A─C, 6-14-04; Ord. No. 358 §1, 1-9-06)

SECTION 310.140: UNLAWFUL PARKING IN THE CITY SQUARE

A. No person shall park a vehicle in public parking in the area known as the public square for the sole intention of advertising the vehicle for sale. If a vehicle is left on the public square with signs listing the vehicle for sale and the vehicle is left for more than two (2) hours, members of the Police Department are authorized to ticket the vehicle for unauthorized parking. The fine for said unlawful parking shall not be less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100.00).

B. If the same vehicle is left unattended for more than twenty-four (24) hours, members of the Police Department are authorized to remove the vehicle from the public square to the nearest garage or other place of safety, or to a garage designated or maintained by the Law Enforcement Department, or otherwise maintained by the City at the owner's expense. The owner must pay all expenses associated with the removal of the vehicle before the vehicle can be retrieved from the location it was taken to after removal from the public square. (Ord. No. 320, 6-14-04; Ord. No. 358 §2, 1-9-06)

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