[Ord. No. 1078, 1-5-2023]
As used in this Chapter the following terms shall have the meanings
indicated:
Is defined as provided in Chapter 304, RSMo., and to include every motor vehicle designed to travel on not more than four (4) wheels in contact with the ground, to include ATVs, mini ATVs, dune buggies and mini dune buggies. An ATV is not a neighborhood vehicle as defined in Chapter 390 of the Buckner Municipal Code.
Is defined in Section 301.010 and Chapter 304, RSMo., as: "utility vehicle" any motorized vehicle manufactured and used exclusively for off-highway use traveling on four (4) or more wheels between fifty (50) and seventy-four (74) inches in width, weight of two thousand (2,000) pounds or less with side-by-side occupant seating, a steering wheel, non-straddle seating, foot controls for throttle and braking, occupant restraints, and rollover protective structures. An UTV is not a neighborhood vehicle as defined in Chapter 390 of the Buckner Municipal Code.
[Ord. No. 1078, 1-5-2023]
A.
Pursuant
to the authority granted by Sections 304.029, 304.032, and 304.032[1]
RSMo., the City may, by resolution or ordinance, allow persons to
operate neighborhood vehicles, UTVs and ATVs upon any street or highway
under the City's jurisdiction subject to the following limitations:
1.
No person shall operate an ATV or UTV within the City of Buckner on public City streets unless it has been properly registered and permitted with the City of Buckner pursuant to the provisions of Section 390.050 of the Municipal Code of the City of Buckner with exception of those vehicles owned and operated by a governmental entity for official use.
2.
Every person operating an ATV or UTV within the City of Buckner shall
observe all traffic laws and local ordinances regarding the rules
of the road. To the extent permitted by Section 304.032, RSMo., and
other applicable Missouri law, every person legally operating an ATV
or UTV shall be granted all the rights and shall be subject to all
the duties applicable to the driver of any other motor vehicle if
it meets all other requirements of this Chapter.
3.
Every person operating a ATV or UTV within the City of Buckner shall
observe all traffic laws and local ordinances regarding the rules
of the road. To the extent permitted by Sections 304.034 and 304.029,
RSMo., and other applicable Missouri law, every person operating an
ATV or UTV shall be granted all the rights and shall be subject to
all the duties applicable to the driver of any other motor vehicle
if it meets all other requirements of this Chapter.
4.
No person shall operate an ATV or UTV within any stream or river
in the City of Buckner unless the waterways flow within the boundaries
of land which the vehicle operator owns or has permission to be upon,
or for the purpose of fording such stream or river of this State at
such road crossings as are customary or part of the highway system.
Police of the City shall enforce the provisions of this Subsection
within the geographic area of their jurisdiction.
5.
An ATV or UTV shall not be operated at any time on any State or Federal
highway with posted speed limits in excess of thirty-five (35) miles
per hour. The provisions of this Subsection shall not prohibit an
ATV or UTV from crossing a street or highway with a posted speed limit
of up to forty-five (45) miles per hour at an intersection or roundabout.
B.
Every
operator of an ATV or UTV shall maintain financial responsibility
as required by Chapter 303, RSMo.
C.
Each
person operating an ATV or UTV on public streets shall possess a valid
driver's license issued pursuant to Chapter 302, RSMo.
D.
Compliance
with 49 CFR 571.500, as amended, shall be a condition precedent to
the City's granting of a special permit for the operation of a low-speed
vehicle within the City's corporate boundaries.
E.
No
person shall operate an ATV or UTV:
1.
In any careless way so as to endanger the person or property of another.
2.
While under the influence of alcohol or any controlled substance.
3.
Without a securely fastened seat belt or who is being towed or otherwise
propelled by an ATV or UTV, unless the individual is at least eighteen
(18) years of age.
4.
No person shall operate an ATV or UTV on any park lands within the
City of Buckner, Missouri, except those neighborhood vehicles or UTVs
operated by a governmental unit for official use.
5.
While carrying passengers in excess of the maximum number of designed
seating for the neighborhood or UTV. No passengers are allowed to
ride in the dump bed of a UTV on City streets or highways.
6.
No operator of a neighborhood vehicle or UTV shall carry passengers
that are less than sixteen (16) years of age unless the operator is
the legal guardian of such passenger(s).
F.
A violation
of this Section shall be an ordinance violation.
