COMMITTEE
SUBSTITUTE FOR DINANCE NO. 060118
Enacting a new section 70-402,
Code of Ordinances, entitled Approaching stationary emergency vehicles to
require motorists on certain streets to change lanes when passing by a
stationary emergency vehicle or if a lane change is not possible to reduce speed
as passing the emergency vehicle and to establish a minimum $100.00 fine.
WHEREAS, Section
302.022.2, Revised Statutes of Missouri, regulates the behavior of motorists
when passing stationary emergency vehicles; and
WHEREAS, to enable
more efficient enforcement of this safe driving practice enactment of a
municipal ordinance is required; NOW, THEREFORE
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 70, Code of Ordinances Traffic and Vehicles is amended by enacting
a new section 70-402 entitled Approaching stationary emergency vehicles to
read as follows:
Sec. 70-402. Approaching
stationary emergency vehicles.
(a) Duty
to approach emergency vehicles with caution. Upon approaching a stationary
emergency vehicle displaying lighted red or red and blue lights, the driver of
every motor vehicle shall:
(1) Lane change. 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 having at least four lanes with not less than two
lanes proceeding in the same direction as the approaching vehicle; or
(2) Reduce speed. 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.
(b) Penalty.
Upon conviction, a person shall be punished by a fine of not less than $100.00
and not more than $500.00, or by imprisonment in the municipal correctional
institution for a term not to exceed 180 days, or by both such fine and
imprisonment.
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Approved as to
form and legality:
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William Geary
Assistant City Attorney