Loading...
HomeMy WebLinkAboutORD.3103.12-02-2002BILL NO. 02-253 ORDINANCE NO. 3103 AN ORDINANCE AMENDING SECTION 26-224 OF THE CITY CODE RELATING TO SCHOOL BUSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 26-224 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 26-224. School buses - Duty of driver upon meeting or overtaking stopped school bus. The driver of a vehicle upon a street of the city, upon meeting or overtaking from either direction any school bus which has stopped on the street for the purpose of receiving or discharging any school children and whose driver has in the manner prescribed by this chapter given the signal to stop, shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion, or until signalled by its driver to proceed. ------------------------------------------------------------------ :::::Z?y:;::p&1:::::::::::::::it, and a new Section 26-224 is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 26-224. School buses - Duty of driver upon meeting or overtaking stopped school bus; driver identity rebuttable presumption. (a) The driver of a vehicle upon a street of the city, upon meeting or overtaking from either direction any school bus which has stopped on the street for the purpose of receiving or discharging any school children and whose driver has in the manner prescribed by this chapter given the signal to stop, shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion, or until signalled by its driver to proceed. (b) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or overtaking a school bus which is on a different roadway, or which is proceeding in the opposite direction on a highway containing four or more lanes of traffic, or which is stopped in a loading zone constituting a part of, or adjacent to, a limited or controlled access highway at a point where pedestrians are not permitted to cross the roadway. (c) If any vehicle is witnessed by a peace officer or the driver of a school bus to have violated the provisions of this section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed the violation. In the event that charges are filed against multiple owners of a motor vehicle, only one of the owners may be convicted and court costs may be assessed against only one of the owners. If the vehicle which is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the presumption by providing the peace officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of violation. No prosecuting authority may bring any legal proceedings against a rental or leasing company under this section unless prior written notice of the violation has been given to that rental or leasing company by registered mail at the address appearing on the registration and the rental or leasing company has failed to provide the rental or lease agreement copy within fifteen days of receipt of such notice. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City 2 of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS oC j DAY OF 'ba-Gh jeY , 206)-)- . ATTEST: Gayle,j-. Conrad City Clerk 3 udtson, Mayor