[Ord. No. 2373 §§1—2(270.430a), 5-27-2008]
As used in this Section, the following terms shall mean:
Every vehicle propelled solely by human power upon which
any person may ride, having two (2) tandem wheels, except scooters
and similar devices.
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.
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.
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.
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.
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).
A road, street or highway designed primarily for the use
of motor vehicles, exclusive of sidewalks and parks.
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.
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;
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:
[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.
