HomeMy WebLinkAbout1719 Amending Various City Code Sections BILL NO: 2020-018 ORDINANCE NO: /-7/ 9
AN ORDINANCE AMENDING VARIOUS CITY CODE SECTIONS.
WHEREAS, the State of Missouri enacts new laws that affect accompanying or similar
municipal ordinances; and
WHEREAS, the City of Riverside desires to maintain its City Code consistent with these
state law changes and to periodically update its City Code to ensure necessary provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE
CITY OF RIVERSIDE, MISSOURI, as follows:
SECTION 1—ADOPTION OF AMENDMENT. Section 310.070 of the City Code of the City of
Riverside, Missouri is hereby amended to read as follows (text to be added is underlined; text to be
deleted contains a strikethrough):
Section 310.070 Sirens and Flashing Lights Emergency Use—Persons Authorized—Violation
—APenalty
A. Motor vehicles and equipment, 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 310.060 of this Chapter, 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 using
or displaying thereon fixed, flashing or rotating blue lights,but sirens and blue lights shall be
used only in bona fide emergencies.
B. Use Of Lights.
1. Notwithstanding, Subsection(A) of this Section,the following vehicles may use or
display fixed, flashing, or rotating red or red and blue lights:
a. Emergency vehicles, as defined in Section 304.022, RSMo., when
responding to an emergency;
b. Vehicles operated as described in Subsection(A) of this Section;
C. Vehicles and equipment owned or leased by a contractor or subcontractor
performing work for the Department of Transportation, except that the red
or red and blue lights shall be displayed on vehicles or equipment
described in this Subsection only between dusk and dawn, when such
vehicles are stationary, such vehicles or equipment are located in a work
zone as defined in Section 304.580, RSMo., highway workers as defined in
Section 304.580, RSMo., are present, and such work zone is designated by
a sign or signs. No more than two vehicles or pieces of equipment in a
work zone may display fixed, flashing, or rotating lights under this
subdivision.
2. The following vehicles and equipment may use or display fixed, flashing, or
rotating amber or amber and white lights:
a. Vehicles and equipment owned or leased by the State Highways and
Transportation Commission and operated by an authorized employee of the
Department of Transportation;
b. Vehicles and equipment owned or leased by a contractor or subcontractor
performing work for the Department of Transportation, except that the
amber or amber and white lights shall be displayed on vehicles: described
in this Subsection only when such vehicles or equipment are
located in a work zone as defined in section 304.580, RSMo, highway
workers as defined in section 304.580, RSMo are present, and such
work zone is designated by a sign or signs;
C. Vehicles and equipment operated by a utility worker performing work for
the utility except that the amber or amber and white lights shall be displayed
on vehicles described in this Subsection only when such vehicles are
stationary, such vehicles or equipment are located in a work zone as
defined in section 304.580, RSMo, a utility worker is present, and such .
work zone is designated by a sign or signs. As used in this paragraph, the
term "utility worker" means any employee while in performance of his or
her job duties, including any person employed under contract of a utility
that provides gas, heat, electricity, water, steam, telecommunications or
cable services, or sewer services, whether privately, municipally, or
cooperatively owned.
C. 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, rescue squad, or the State Highways and Transportation
Commission 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. A
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 2—ADOPTION OF AMENDMENT. Section 380.140 of the City Code of the City
of Riverside, Missouri is hereby added to read as follows (text to be added is underlined; text to
be deleted contains a strikethrough):
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Section 380.140 Financial Responsibility Required.
A. No owner of a motor vehicle registered in this State or required to be registered in this State
shall operate the vehicle, or authorize any other person to operate the vehicle registered, or
maintain registration of a motor vehicle, or permit another person to operate such vehicle
upon the streets or the alleys of this City unless the owner maintains the financial
responsibility as required in this Section which conforms to the requirements of the laws of
this State. No non-resident shall operate or permit another person to operate in this State a
motor vehicle registered to such non-resident unless the non-resident maintains the financial
responsibility which conforms to the requirements of the laws of the non-resident's State of
residence. Furthermore, no person shall operate a motor vehicle owned by another with the
knowledge that the owner has not maintained financial responsibility unless such person has
financial responsibility which covers the person's operation of the other's vehicle. However,
no owner or non-resident shall be in violation of this Subsection if he/she fails to maintain
financial responsibility on a motor vehicle which is inoperable or being stored and not in
operation.
B. For purposes of this Section, the term 'financial responsibility" shall mean the ability to
respond in damages for liability on account of accidents occurring after the effective date of
proof of said financial responsibility, arising out of the ownership, maintenance or use of a
motor vehicle, in the amount of twenty-five thousand dollars ($25,000.00) because of bodily
injury to or death of one (1) person in any one (1) accident and, subject to said limit for one
(1) person, in the amount of fifty thousand dollars ($50,000.00) because of bodily injury to
or death of two (2) or more persons in any one (1) accident and in the amount of ten-twen -
five thousand dollars{$10,000.00 $25,000.00)because of injury to or destruction of property
of others in any one (1) accident.
C. Proof of financial responsibility may be shown by any of the following:
1. A current insurance identification card issued by a motor vehicle insurer or by the
Director of Revenue of the State of Missouri for self-insurance. A motor vehicle
liability insurance policy, a motor vehicle liability insurance binder, or receipt
which contains the name and address of the insurer, the name and address of the
named insured,the policy number,the effective dates of the policy and a description
by year and make of the vehicle, or at least five (5) digits of the vehicle
identification number or the word "Fleet" if the insurance policy covers five (5) or
more motor vehicles shall be satisfactory evidence of insurance in lieu of an
insurance identification card; or
2. A certificate of the State Treasurer of a cash or security deposit according to Section
303.240, RSMo.; or
3. A surety bond according to Section 303.230, RSMo.
D. Proof of financial responsibility shall be carried at all times in the insured motor vehicle or
by the operator of the motor vehicle if the proof of financial responsibility is effective as to
the operator rather than to the vehicle. The operator of an insured motor vehicle shall exhibit
the insurance identification card on the demand of any Peace Officer, commercial vehicle
enforcement officer or commercial vehicle inspector who lawfully stops such operator or
investigates an accident while that officer or inspector is engaged in the performance of the
officer's or inspector's duties.
E. However,no person shall be found guilty of violating this Section if the operator demonstrates
to the court that he/she met the financial responsibility requirements of Section 303.025,
RSMo., at the time the Peace Officer wrote the citation.
F. Any person who violates any provisions of this Section shall be guilty of an ordinance
violation.
G. Subsection B of this section shall apply to motor vehicle liability Policies that are issued
or renewed in Missouri on or after July 1, 2019, and to any applicable filing under
section 303.240, RSMo or subdivision (2), (3), or(4) of subsection 1 of section 303.160,
RSMo that goes into effect on or after July 1, 2019. A motor vehicle liability policy
in effect prior to July 1, 2019, shall continue to constitute proof of compliance with
the provisions of this chapter for the remainder of the term of that policy.
SECTION 3–ADOPTION OF AMENDMENT. Section 210.1210 of the City Code of the City
of Riverside, Missouri is hereby amended to read as follows (text to be added is underlined; text
to be deleted contains a striketh-reugh):
Section 210.1210 Copper Wire or Cable, Catalytic Converters, Collectors and Dealers To
Keep Register, Information Required—Penalty—Exempt Transactions.
A. Every purchaser or collector of, or dealer in,junk, scrap metal or any secondhand property
shall keep a register containing a written or electronic record for each purchase or trade in
which each type of metal material subject to the provisions of this Section is obtained for
value. There shall be a separate record for each transaction involving any:
1. Copper, brass or bronze;
2. Aluminum wire, cable, pipe, tubing, bar, ingot, rod, fitting or fastener;
3. Material containing copper or aluminum that is knowingly used for farming
purposes as farming is defined in Section 350.010, RSMo.; whatever may be the
condition or length of such metal; or
4. Catalytic converter.;,
5. Motor vehicle, heavy equipment, or tractor battery.
B. The record required by this Section shall contain the following data:
1. A copy of the driver's license or photo identification issued by the State or by the
United States Government or agency thereof to the person from whom the material
is obtained;
2. The current address, gender,birth date, and a photograph of the person from whom
the material is obtained if not included or are different from the identification
required in Subsection (13)(1) of this Subsection;
3. The date, time and place of the transaction;
4. The license plate number of the vehicle used by the seller during the transaction;
5. A full description of the mesal material, including the weight and purchase price.
C. The records required under this Section shall be maintained for a minimum of twenty-four
(24) months from when such material is obtained and shall be available for inspection by
any Law Enforcement Officer.
D. Anyone convicted of violating this Section shall be guilty of an ordinance violation.
E. This Section shall not apply to any of the following transactions:
1. Any transaction for which the total amount paid for all regulated ser-ap metal.
material purchased or sold does not exceed fifty dollars($50.00),unless the serer
metal material is a catalytic converter;
2. Any transaction for which the seller, including a farm or farmer, has an existing
business relationship with the scrap metal dealer and is known to the scrap metal
dealer making the purchase to be an established business or political subdivision
that operates a business with a fixed location that can be reasonably expected to
generate regulated scrap metal and can be reasonably identified as such a business;
or
3. Any transaction for which the type of metal subject to Subsection (A) of this
Section is a minor part of a larger item,except for equipment used in the generation
and transmission of electrical power or telecommunications.
SECTION 4—ADOPTION OF AMENDMENT. Section 210.1360,titled"Prostitution," of the
City Code of the City of Riverside,Missouri is hereby amended to read as follows(text to be added
is underlined; text to be deleted contains a st-ril rough):
A person commits the offense of prostitution if he or she engages in or offers or agrees to engage
in sexual conduct with another person in return for something of value to be received by any
person. It is an affirmative defense that the defendant engaged in the conduct charged to
constitute an offense because he or she was coerced to do so by the use of, or threatened use
of, unlawful physical force upon himself or herself or a third person, which force or
threatened force a person of reasonable firmness in his or her situation would have been
unable to resist. It shall be an affirmative defense that the defendant was under the age of
eighteen and was acting under the coercion, as defined in section 566.200,RSMo of an agent
at the time of the offense charged.
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SECTION 5 — ADOPTION OF AMENDMENT. Section 210.1072 of the City Code of the
City of Riverside, Missouri is hereby added to read as follows:
Section 210.1072 Trespass on a critical infrastructure facility
1. As used in this section, "critical infrastructure facility" means any of the following
facilities that are. under construction or operational: a petroleum or `alumina refinery;
critical electric infrastructure, as defined in 18 CFR Section 118.113(c)(3)including, but not
limited to, an electrical power generating facility, substation, switching station, electrical
control center, or electric power lines and associated equipment infrastructure; a chemical,
polymer, or rubber manufacturing facility; a water intake structure,water storage facility,
water treatment facility,wastewater treatment plant,wastewater pumping facility, or pump
station; a natural gas compressor station; a liquid natural gas terminal or storage facility; a
telecommunications central switching office; wireless telecommunications infrastructure,
including cell towers, telephone poles and lines, including fiber optic lines; a port, railroad.
switching yard, railroad tracks,trucking terminal, or other freight transportation facility; a
gas processing plant, including a plant used in the processing,treatment, or fractionation of .
natural gas or natural gas liquids; a transmission facility used by a federally licensed radio
or television station; a steelmaking facility that uses an electric arc furnace to make steel; a
facility identified and regulated by the United States Department of Homeland Security
Chemical-Facility Anti-Terrorism Standards (CFATS) program; a dam that is regulated by
the state or federal government; a natural gas distribution utility facility including, but not
limited to, natural gas distribution and transmission mains and services, pipeline
interconnections, a city gate or town border station, metering station, aboveground piping,
a regulator station,and a natural gas storage facility; a crude oil or refined products storage
and distribution facility including, but not limited to, valve sites, pipeline interconnection,
pump station, metering station, below or aboveground pipeline or piping and truck loading
or offloading facility, a grain mill or processing facility; a generation, transmission, or
distribution system of broadband internet access; or any aboveground portion of an oil, gas,
hazardous liquid or chemical pipeline,tank, railroad facility, or other storage facility that is
enclosed by a fence, other physical barrier, or is clearly marked with signs prohibiting
trespassing,that are obviously designed to exclude intruders.
2._ A person commits the offense of trespass on a critical infrastructure facility if he or she
purposely trespasses or enters property containing a critical infrastructure facility without
the permission of the owner of the property or lawful occupant thereof.
3. A person commits the offense of damage of a critical infrastructure if he or she purposely
damages, destroys, or tampers with equipment in a critical infrastructure facility.
4. This section shall not apply to conduct protected under the Constitution of the United
States,the Constitution of the state of Missouri, or a state or federal law or rule.
SECTION 6 —ADOPTION OF AMENDMENT. Section 340.300 of the City Code of the City
of Riverside, Missouri is hereby added to read as follows:
Section 340.300 Construction Zone
A. As used in in this Section, the term "construction zone" or "work zone" means any
area upon or around any highway, as defined in Section 300.010,which is visibly marked by
the State Department of Transportation or City or a contractor or subcontractor performing
work for the State Department of Transportation or City as an area where construction,
maintenance, incident removal, or other work is temporarily occurring. The term "work
zone" or "construction zone" also includes the lanes of highway leading up to the area upon
which an activity described in this Section is being performed, beginning at the point where
appropriate signs or traffic control devices are posted or placed. The terms "worker" or
"highway worker" as used in this Section'shall mean any person who is working in a
construction zone or work zone on a state highway or the right-of-way of a state highway,
any employee of the department of transportation who is performing duties under the
department's motorist assist program on a state highway or the right-of-way of a state
highway, or any utility worker performing utility work on a state highway or the right-of-
way of a state highway. "Utility worker" means any employee or person employed under
contract of a utility that provides gas, heat, electricity,water, steam, telecommunications or
cable services, or sewer services, whether privately, municipally, or cooperatively owned,
while in performance of his or her Job duties.
B. Upon a conviction or a plea of guilty by any person for a violation of this Code,if such
violation also is a moving violation as defined in Section 302.010,RSMo., or an offense listed
in Section 302.302, RSMo., the court shall assess a fine of thirty-five dollars ($35.00) in
addition to any other fine authorized to be imposed by law, if the violation occurred within
a construction zone or work zone.
C. Upon a conviction or plea of guilty by any person for a speeding violation pursuant
to Chapter 320, or a passing violation pursuant to Subsection (F) of this Section, the court
shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine
authorized by law, if the violation occurred within a construction zone or a work zone and
at the time the speeding or passing violation occurred there was any highway worker in such
zone. However, no person assessed an additional fine pursuant to this Subsection shall also
be assessed an additional fine pursuant to Subsection (B) of this Section, and no person shall
be assessed an additional fine pursuant to this Subsection if no signs have been posted
pursuant to Subsection (D) of this Section.
D. The penalty authorized by Subsection (C) of this Section shall only be assessed by the
court if the State Department of Transportation or City or contractor performing work for
the State Department of Transportation or City has erected signs upon or around a
construction or work zone which are clearly visible from the highway and which state
substantially the following message: "Warning: $250.00 fine for speeding or passing in this
work zone".
E. During any day in which no person is present in a construction zone or work zone
established pursuant to Subsection (C) of this Section to perform duties related to the
purpose of the zone,the sign warning of additional penalties shall not be visible to motorists.
During any period of two (2) hours or more in which no person is present in such zone on a
day in which persons have been or will be present to perform duties related to the reason for
which the area was designated as a construction zone or work zone, the sign warning of
additional penalties shall not be visible to motorists.The State Department of Transportation
or City or contractor performing work for the State Department of Transportation or City
shall be responsible for compliance with provisions of this Subsection. Nothing in this
Subsection shall prohibit warning or traffic control signs necessary for public safety in the
construction or work zone being visible to motorists at all times.
F. The driver of a motor vehicle may not overtake or pass another motor vehicle within
a work zone or construction zone as provided in this subsection.
1. This subsection applies to a construction zone or work zone located upon a
highway divided into two or more marked lanes for traffic moving in the same
direction and for which motor vehicles are instructed to merge from one lane
into another lane and not pass by appropriate signs or traffic control devices
erected by the State Department of Transportation or City or a contractor or
subcontractor performing work for the State Department of Transportation
or City.
2. This subsection also prohibits the operator of a motor vehicle from passing or
attempting to pass another motor vehicle in a work zone or construction zone
located upon a two-lane highway when highway workers or equipment are
working and when appropriate signs or traffic control devices have been
erected by the State Department of Transportation or City or a contractor or
subcontractor performing work for the State Department of Transportation
or City.
SECTION 7 —ADOPTION OF AMENDMENT. Section 600.200, titled"Minors,"of the City
Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is
underlined; text to be deleted contains a strikethrough):
A. Persons Eighteen Years Of Age Or Older May Sell Or Handle Intoxicating Liquor, When.
1. Except as otherwise provided in this Section, no person under the age of twenty-
one (2 1) years shall sell or assist in the sale or dispensing of intoxicating liquor.
2. In any place of business licensed in accordance with this Chapter, persons at least
eighteen(18) years of age may stock, arrange displays, operate the cash register or
scanner connected to a cash register, accept payment for, and sack for carry-out
intoxicating liquor. Delivery of intoxicating liquor away from the licensed business
premises cannot be performed by anyone under the age of twenty-one (21) years.
Any licensee who employs any person under the age of twenty-one (21) years, as
authorized by this Subsection, shall, when at least fifty percent (50%) of the
licensee's gross sales does not consist of non-alcoholic sales, have an employee
twenty-one (21) years of age or older on the licensed premises during all hours of
operation.
3. In any distillery, warehouse, wholesale distributorship, or similar place of business
which stores or distributes intoxicating liquor but which does not sell intoxicating
liquor at retail, persons at least eighteen (18) years of age may be employed and
their duties may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale at retail.
4. Any wholesaler licensed pursuant to this Chapter may employ persons of at least
eighteen (18) years of age to;
1. rRotate, stock and arrange displays at retail establishments licensed to sell
intoxicating liquor; and
2. Unload delivery vehicles and transfer intoxicating liquor into retail
licensed premises if such persons are supervised by a delivery vehicle driver
who is twenty-one years of age or older.
45. Persons eighteen (18) years of age or older may, when acting in the capacity of a
waiter or waitress, accept payment for or serve intoxicating liquor in places of
business which sell food for consumption on the premises if at least fifty percent
(50%) of all sales in those places consists of food; provided that nothing in this
Section shall authorize persons under twenty-one (21) years of age to mix or serve
across the bar, intoxicating beverages.
SECTION 8 — ADOPTION OF AMENDMENT. Section 340.180.E, titled "Passing
Regulations," of the City Code of the City of Riverside, Missouri is hereby amended to read as
follows (text to be added is underlined; text to be deleted contains a strikethrough):
E Any driver of a vehicle upon any street, alley or highway within the City, upon
meeting or overtaking from either direction any school bus which has stopped for the
purpose of receiving or discharging any school children or other passengers when the driver
of said school bus has in the manner prescribed by law given a signal to stop, shall stop such
vehicle before reaching such school bus and shall not proceed until such school bus resumes
motion or until signaled by its driver to proceed.
SECTION 9 — EFFECTIVE DATE. This ordinance shall be in full force and effect from and
after the date of its passage and approval.
BE IT REMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City
of Riverside this -7 X day of , 2020.
or Kathleen L. Rose
-ATTEST:
oin Kincaid 'Cit Clerk
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