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HomeMy WebLinkAbout2003-040 - Amendments to Chapters 210 and 310 of the Municipal CodeBILL NO. 2003-40 ORDINANCE NO. 2003-40 AN ORDINANCE AMENDING TITLE II, CHAPTER 2I0 AND 'T'ITLE III, CHAPTER 3l0 OF THE MUNICIPAL CODE OF TIIE CITY OF RIVERSIDE, MISSOURI, BY AMENDING PROVISIONS REGARDING THE AUTHORITY OF PUBLIC SAFETY DEPARTMENT OFFICIALS AND THE PUBLIC'S OBEDIENCE OF THEIR INSTRUCTIONS WHEREAS, the legislature of the State of Missouri enacted a new criminal offense regarding obedience of law enforcement officers and revised provisions within the Model Traffic Ordinances relating to the authority of, and obedience towards, law enforcement officers in its 2002 legislative session; and WHEREAS, the City of Riverside, Missouri (the "City") and its staff have conducted a comprehensive review of the City's Municipal Code (the "Code") sections regarding criminal offenses and traffic regulations and have determined that the new language added and changed by the Missouri Legislahire in 2002 is not reflected in the cun-ent version of the Code; and WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and deemed adoption of the additions and amendments to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City; and WHEREAS, the City deems it advisable to harmonize, to the extent possible, its ordinances with the statutes of the State. NOW, THERFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. Anew section of the Municipal Code of the City of Riverside, Missouri is hereby enacted, and shall read as follows: SECTION 210.210: FAILURE OR REFUSAL TO OBEY A LAW ENFORCEMENT OFFICER DIRECTING MOVEMENT OF TRAFFIC It shall be the duty of the operator or driver of any vehicle or the rider of any animal traveling on the highways, roads, or sU-eets of this City to stop on the signal of any Law Enforcement Officer and to obey any other reasonable signal or direction of such Law Enforcement Officer given in directing the movement of traffic on the highways, roads, or streets. Any person who willfully fails or refuses to obey such signals or directions or who willfully resists or opposes a Law Enforcement Officer in the proper discharge of his or her duties shall be guilty of a violation of this Section. Section 2. Sections 310.010, 310.020, ~ 10.060, 3l 0.070 of the Municipal Code of the City of Riverside, Missouri are hereby amended, and shall read as follows: SECTION 31.0.01.0: AUTHORITY' OF PUBLIC SAFETY DEPARTMENT OFFICIALS A. It shall be the duty of the officers of the Public Safety Department or such officers as are assumed by the Director of Public Safety to enforce all traffic laws of the City and all of the State vehicle laws applicable to t-affic in the Cite. [Subsection B. is unchanged.] B. Officers of the Public Safety 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 PUBLIC SAFETY DEPARTMENT OFFICIALS No person shall knowingly fail or refuse to comply wifll any lawful order or direction of a Public Safety Officer. SECTION 310.060: AUTHORIZED EMERGENCY VEHICLES [Subsections A. and B. are unchanged.] C. The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle, while in motion, sounds an audible sib al 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 307.175, R.S.Mo. [Subsection D. is unchanged.] SECTION 310.070: OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES [Subsection A. 1. is unchanged.] 2. upon the approach of an authorized emergency vehicle, as above stated, the driver of every motor vehicle shall: a. Proceed with caution and yield the right-of--way, if possible with due regard to safety and traffic conditions, by malting a lane change into a lane not adjacent to that of the stationary vehicle, if on a roadway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or b. Proceed with due caution and reduce the speed oC the vehicle, maintaining a safe speed for road conditions, if changing lanes would be w~safe or impossible. [Subsection B. is unchanged.] Section 3. The provisions of the Municipal Code of the City of Riverside, Missouri enacted and/or revised herein shall not be construed to revive any former ordinance, clause or provision of the Municipal Code of the City of Riverside, Missouri. Section 4. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all provisions of the Ordinance not specifically declared to be unlawful shall remain in full force and effect. Section 5. This Ordinance overrides any conflicting provision or regulation within the Municipal Code of the City of Riverside, Missouri. Section 6. This ordinance shall take effect immediately. Passed this day of ~s~~e~u> 2003. c Mayor ATTEST: ~ ;~ CityiClerk