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City of Olivette, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 2373 §§1—2(270.430a), 5-27-2008]
As used in this Section, the following terms shall mean:
BICYCLE
Every vehicle propelled solely by human power upon which any person may ride, having two (2) tandem wheels, except scooters and similar devices.
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (EPAMD)
A self-balancing, two non-tandem wheeled device, designed to transport only one (1) person, with an electric propulsion system with an average power of seven hundred fifty (750) watts (one (1) horsepower), whose maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator who weighs one hundred seventy (170) pounds, is less than twenty (20) miles per hour.
MOTOR VEHICLE
A mechanical device on wheels designed primarily for use on public rights-of-way and required by Missouri law to be licensed, but excluding any motorized alternative vehicles and EPAMDs.
MOTORIZED ALTERNATIVE VEHICLES
A coaster, bicycle, play vehicle, scooter or other similar vehicle, including mini-motorcycles or pocket bikes, having an automatic transmission and a motor and a cylinder capacity of not more than fifty (50) cubic centimeters, which produces less than three (3) gross brake horsepower and is capable of propelling the device at a minimum speed of five (5) miles per hour; provided however, that this term shall not include motorized wheelchairs or other similar motorized devices designed for and used by a person with physical disabilities.
NON-MOTORIZED ALTERNATIVE VEHICLE
Any device or mechanism with wheels and designed for transportation or recreation that is not a motor vehicle or a motorized alternative vehicle; such vehicles include roller skates, roller blades, skateboards, scooters, play vehicles or any similar devices but shall not include bicycles.
PLAY VEHICLE
A mechanical toy device, including a coaster, having more than two (2) wheels and designed primarily for recreational use by children under the age of fifteen (15).
PUBLIC RIGHT-OF-WAY
A road, street or highway designed primarily for the use of motor vehicles, exclusive of sidewalks and parks.
SCOOTER
A device that has one (1) or more front and rear wheels with a low floorboard between, is steered by a handlebar or other mechanism, and is typically propelled either by pushing a hand or foot against the ground while riding on the floorboard.
SIDEWALK
Any sidewalk, trail or path, paved or unpaved, designed primarily for the use of pedestrians.
[Ord. No. 2373 §§1—2(270.430b), 5-27-2008]
A. 
No person shall operate or use a non-motorized alternative vehicle or an EPAMD on any public right-of-way, except while crossing a street on a crosswalk, and when so crossing such person shall be subject to all laws applicable to pedestrians; provided however, that this Section shall not apply on any street set aside as a play street by ordinance of the City.
B. 
Persons under sixteen (16) years of age shall not operate an electric personal assistive mobility device, except for an operator with a mobility-related disability.
C. 
Any person operating a bicycle on any public right-of-way is granted all of the rights and is subject to all of laws applicable to the driver of a motor vehicle, except as otherwise provided in this Section and except further as to any laws which by their nature can have no application.
[Ord. No. 2373 §§1—2(270.430c), 5-27-2008]
A. 
No person shall operate or use a motorized alternative vehicle unless the person has a valid license to operate a motor vehicle.
B. 
A licensed person shall operate or use a motorized alternative vehicle only on a public right-of-way or on private property with the permission of the owner.
C. 
When operating or using a motorized alternative vehicle a person shall be subject to all laws applicable to the driver of a motor vehicle, except as otherwise provided in this Section and except further as to any laws which by their nature can have no application.
D. 
Operators of motorized alternative vehicles are not required to have vehicle registration nor required to show proof of financial responsibility, unless otherwise required by the laws of Missouri.
[Ord. No. 2373 §§1—2(270.430d), 5-27-2008]
A. 
Brakes. Every bicycle, motorized alternative vehicle and EPAMD shall be equipped with a brake or brakes sufficient to enable the operator to stop within twenty-five (25) feet from a speed of ten (10) miles per hour on dry, level, clean pavement.
B. 
Lamps And Reflectors. Every bicycle, motorized alternative vehicle and EPAMD, when in use at night, shall be equipped with, and its operator shall use, the following, but the reflector provisions of this Section shall not apply to any device that complies with applicable National Highway Traffic and Safety Administration regulations:
1. 
A front-facing lamp which emits a white light visible from a distance of at least five hundred (500) feet to the front under normal atmospheric conditions on a straight, level, unlighted roadway;
2. 
A rear-facing red, white or yellow reflector, at least two (2) square inches in reflective surface area, which is visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by the operator of a vehicle under the lower beams of headlights at six hundred (600) feet; and
3. 
Essentially colorless or amber reflectors on both the front and rear surfaces of all pedals. Each reflector shall be recessed below the plane of the pedal or reflector housing. Each reflector shall be at least ninety one hundredths square inch in projected effective reflex area and must be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at two hundred (200) feet; and
4. 
A side-facing, essentially colorless or amber, reflector shall be mounted on each side of the front wheel within three (3) inches of the inside of the wheel rim, and a side-facing, essentially colorless or red reflector, shall be mounted on each side of the rear wheel within three (3) inches of the inside of the wheel rim, or continuous retro-reflective material shall be attached on each side of both tires which shall be at least three-sixteenths (3/16) of an inch wide. All such reflectors or retro-reflective tire sidewalls shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred (300) feet.
C. 
Other Equipment. No person shall operate or use a bicycle, motorized alternative vehicle or EPAMD unless it is constructed and equipped in accordance with the State's minimum requirements for construction and equipment for such device, including Regulation VESC-17 as required by Section 307.196, RSMo., as amended.
[Ord. No. 2373 §§1—2(270.430e), 5-27-2008]
A. 
Any person operating a bicycle or motorized alternative vehicle on any public right-of-way shall:
1. 
Not operate the vehicle on any public right-of-way designated as part of the Federal interstate highway system;
2. 
Travel as near to the right side of the public right-of-way as practicable and shall exercise due care when passing;
3. 
Travel not more than two (2) abreast, except when riding on paths or parts of roads set aside for and capable of such use of such devices;
4. 
Travel at a speed which is:
a. 
Reasonable and prudent under the existing conditions, and
b. 
Not in excess of the speed limit applicable for motor vehicles.
5. 
Not carry any package, bundle or article which prevents the rider from keeping at least one (1) hand on the device's steering mechanism; and
6. 
Not park a bicycle or motorized alternative vehicle on a street, public right-of-way or sidewalk in such a manner as to obstruct vehicular or pedestrian traffic.
[Ord. No. 2373 §§1—2(270.430f), 5-27-2008]
A. 
Any person operating or using a bicycle, EPAMD, motorized alternative vehicle or non-motorized alternative vehicle shall:
1. 
Have it under control at all times and shall use it in a manner which will in no way endanger any person or property;
2. 
Not ride other than on a permanent and regularly attached seat or platform;
3. 
Use the vehicle to carry more persons at one time than the number for which it is designed and equipped;
4. 
Latch onto a motor vehicle with the intent to secure a tow or ride;
5. 
When lawfully riding upon sidewalks, yield to any pedestrian and shall give audible signal before overtaking and passing such pedestrian; or
6. 
When emerging from an alley, private road, driveway or building:
a. 
Upon approaching a sidewalk or the sidewalk area, yield the right-of-way to all pedestrians approaching on the sidewalk or sidewalk area, and
b. 
Upon entering a public right-of-way, yield to all vehicles approaching on the public right-of-way.
[Ord. No. 2373 §§1—2(270.430g), 5-27-2008]
A. 
It shall be unlawful for any parent or guardian to knowingly permit or allow a child under the age of seventeen (17) years to operate or use a bicycle, EPAMD, motorized alternative vehicle or non-motorized alternative vehicle in violation of this Section.
B. 
Any Police Officer finding a child under the age of seventeen (17) violating the provisions of this Section may issue a written warning to the parent or guardian of such child giving notice of the violation and advising the parent or guardian of his or her responsibility under this Section. A record of any such warning shall be kept by the Police Department.
C. 
A written notice provided pursuant to this Section shall be prima facie evidence of a presumption of knowledge on the part of the parent or guardian of the child's propensity to operate or use a bicycle, EPAMD, motorized alternative vehicle or non-motorized alternative vehicle in violation of this Section.
[Ord. No. 2373 §§1—2(270.430h), 5-27-2008]
A. 
It shall be unlawful for any individual to operate or be a passenger on a bicycle, EPAMD, motorized alternative vehicle or non-motorized alternative vehicle unless the individual wears protective headgear that properly fits and is fastened securely upon the head of the operator or passenger.
B. 
It shall be unlawful for a parent or guardian to permit a child under the age of seventeen (17) years to operate or be a passenger on a bicycle, EPAMD, motorized alternative vehicle or non-motorized alternative vehicle unless the child shall wear protective headgear which properly fits and is fastened securely upon the head of the operator or passenger.
C. 
The headgear shall meet or exceed the impact standard for protective bicycle helmets set by the U.S. Consumer Products Safety Commission, the American National Standards Institute (ANS), the Snell Memorial Foundation or the American Society of Testing and Materials (ASTM).
D. 
Any individual, parent or guardian found to be in violation of this Subsection may be issued a violation notice, which violation may be dismissed if the individual, parent or guardian brings an approved helmet to the Olivette Police Department within twenty-five (25) working days of receipt of the violation.
[Ord. No. 2373 §§1—2(270.430i), 5-27-2008]
A. 
Any person who shall be convicted of a violation of the provisions of this Section shall be punished as provided in Section 100.180 of this Code or as otherwise permitted or required by law.
B. 
If a person violating the provisions of this Section is, by reason of age, not subject to the jurisdiction of the Olivette Municipal Court, then:
1. 
Said person may be prosecuted through the St. Louis County Juvenile Court, and
2. 
The Police Officers of the City are hereby authorized to impound the device involved and retain possession of same until such time as the parent or guardian of the violator shall appear at the Police Department and claim the impounded device.