BILL NO. 5514 ORDINANCE NO. 5368

ANORDINANCE AMENDING ORDINANCE NO. 4788, THE MUNICIPAL CODE OF THE CITY OF RICHMOND HEIGHTS, MISSOURI, REVISING VARIOUS SECTIONS OF THE TRAFFIC CODE.

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WHEREAS, the City’s Municipal Code includes various traffic regulations; and

WHEREAS, changes in state law (2017 SB 8, 222, and 225) require revisions to the City’s ordinances;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHMOND HEIGHTS, MISSOURI, as follows:

SECTION 1. Ordinance No. 4788, the Municipal Code of the City of Richmond Heights, Missouri is hereby revised as follows:

Section 300.010 is hereby revised by adding a new definition of "Autocycle" as follows:

AUTOCYCLE - A three-wheeled motor vehicle which the drivers and passengers ride in a partially or completely enclosed non-straddle seating area that is designed to be controlled with a steering wheel and pedals, and that has met applicable Department of Transportation National Highway Traffic Safety Administration requirements or Federal Motor Cycle Safety Standards.

Section 300.010 is hereby revised by revising the definition of "Authorized Emergency Vehicle" as follows:

AUTHORIZED EMERGENCY VEHICLE

A vehicle of any of the following types:

  1. A vehicle operated by the State Highway Patrol, the State Water Patrol, the Missouri Capitol Police, a Conservation Agent or a State Park Ranger, those vehicles operated by enforcement personnel of the State Highways and Transportation Commission, Police Department or Fire District, Sheriff, Constable or Deputy Sheriff, Federal Law Enforcement Officer authorized to carry firearms and to make arrests for violations of the laws of the United States, traffic officer or Coroner or by a privately owned emergency vehicle company;
  2. A vehicle operated as an ambulance or operated commercially for the purpose of transporting emergency medical supplies or organs;
  3. Any vehicle qualifying as an emergency vehicle pursuant to Section305of this Title;
  4. Any wrecker or tow truck or a vehicle owned and operated by a public utility or public service corporation while performing emergency service;
  5. Any vehicle transporting equipment designed to extricate human beings from the wreckage of a motor vehicle;
  6. Any vehicle designated to perform emergency functions for a civil defense or emergency management agency established pursuant to the provisions of Chapter 44, RSMo.;
  7. Any vehicle operated by an authorized employee of the Department of Corrections who, as part of the employee's official duties, is responding to a riot, disturbance, hostage incident, escape or other critical situation where there is the threat of serious physical injury or death, responding to mutual-aid call from another criminal justice agency, or in accompanying an ambulance which is transporting an offender to a medical facility;
  8. Any vehicle designated to perform hazardous substance emergency functions established pursuant to the provisions of Sections 260.500 to 260.550, RSMo.
  9. Any vehicle owned by the Missouri Highways and Transportation Commission and operated by an authorized employee of the Department of Transportation that is marked as a Department of Transportation emergency response or motorist assist vehicle.
  1. Any vehicle owned and operated by the civil support team of the Missouri National Guard while in response to or during operations involving chemical, biological, or radioactive materials or in support of official requests from the state of Missouri involving unknown substances, hazardous materials, or as may be requested by the appropriate state agency acting on behalf of the governor.

Section 305.040B is hereby revised to read as follows:

B. Upon approaching a stationary vehicle displaying lighted red or red and blue lights, or a stationary vehicle displaying lighted amber or amber and white 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 havingat least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
  1. 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.]

Section 340.070 is hereby revised by adding a new subsection G as follows:

[G. It is not an offense for the employer of a person otherwise required to have an ignition interlock device on vehicles operated by that person (but not including as an employer the person as self-employer and not including any entity wholly or partially owned by the person) to allow such person to drive an employer-owned vehicle not equipped with an ignition interlock device for employment purposes only (but excluding any vehicle used for transporting children under the age of 18 years or vulnerable persons as definedin RSMo 630.005) pursuant to an explicit court exemption variance.

Section 370.030A is hereby revised by adding a new subsection 3 as follows:

3. For purposes of this title, a lamp, light, or other piece of lighting equipment consisting of multiple light-emitting diodes shall be deemed to be operating properly so long as not less than seventy-five percent of the light-emitting diodes are operating properly.

Section 375.080 is hereby revised to read as follows:

A. No person shall operate or ride upon a motorcycle or autocycle unless he/she is wearing protective headgear which complies with standards established by the State Director of Revenue.

B. No person shall operate a motorcycle or autocycle unless he/she is wearing an eye-protective device of a type approved by the State Director of Revenue, except when the motorcycle or autocycle is equipped with a windscreen.

C This Section shall not apply to person riding a motorcycle within an enclosed cab or to a person operating or riding in an autocycle if the vehicle is equipped with a roof that meets or exceeds applicable standards for protective headgear.

SECTION2. All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed.

SECTION3.This ordinance shall be in full force and effect on the 31st day after its passage as provided by law.

PASSED and SIGNED this 5th day of February, 2018.

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JIM THOMSON

MAYOR

ATTEST:

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PATRICIA S. VILLMER

DEPUTY CITY CLERK

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KENNETH J. HEINZ

CITY ATTORNEY

First reading: January 16, 2018

Second reading:February 5, 2018

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