[Ord. No. 5762, 1-24-2022]
As used in this Chapter, the following terms shall mean:
BICYCLE
Every vehicle propelled solely by human power upon which
any person may ride, having two (2) tandem wheels, or two (2) parallel
wheels and one (1) or two (2) forward or rear wheels, all of which
are more than fourteen (14) inches in diameter, except electric bicycles,
scooters and similar devices.
ELECTRIC BICYCLE
A bicycle equipped with fully operable pedals, a saddle or
seat for the rider, and an electric motor of less than seven-hundred-fifty
(750) watts that meets the requirements of one of the following three
(3) classes:
(a)
"Class 1 electric bicycle", an electric bicycle equipped with
a motor that provides assistance only when the rider is pedaling and
that ceases to provide assistance when the bicycle reaches the speed
of twenty (20) miles per hour;
(b)
"Class 2 electric bicycle", an electric bicycle equipped with
a motor that may be used exclusively to propel the bicycle and that
is not capable of providing assistance when the bicycle reaches the
speed of twenty (20) miles per hour; or
(c)
"Class 3 electric bicycle", an electric bicycle equipped with
a motor that provides assistance only when the rider is pedaling and
that ceases to provide assistance when the bicycle reaches the speed
of twenty-eight (28) miles per hour.
MOTORIZED BICYCLE
Any two- or three-wheeled device having an automatic transmission
and a motor with 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 maximum speed of not
more than thirty (30) miles per hour on level ground, except electric
bicycles. A motorized bicycle shall be considered a motor vehicle
for purposes of any homeowners' or renters' insurance policy.
OPERATOR
Every person who is in actual physical control of a motor
vehicle upon a highway.
[Ord. No. 5762, 1-24-2022]
Every bicycle, electric bicycle, and motorized bicycle shall
be equipped with a brake or brakes which will enable its driver to
stop the bicycle, electric bicycle, or motorized bicycle within twenty-five
(25) feet from a speed of ten (10) miles per hour on dry, level, clean
pavement.
A. Every
bicycle, electric bicycle, and motorized bicycle when in use on a
street or highway during the period from one-half (½) hour
after sunset to one-half (½) hour before sunrise shall be equipped
with the following:
[Ord. No. 5762, 1-24-2022]
1. A front-facing lamp on the front or carried by the rider which shall
emit a white light visible at night under normal atmospheric conditions
on a straight, level, unlighted roadway at five hundred (500) feet;
2. A rear-facing red reflector, at least two (2) square inches in reflective
surface area, or a rear-facing red lamp on the rear which shall be
visible at night under normal atmospheric conditions on a straight,
level, unlighted roadway when viewed by a vehicle driver under the
lower beams of vehicle headlights at six hundred (600) feet;
3. Reflective material and/or lights on any part of the bicyclist's
pedals, crank arms, shoes or lower leg visible from the front and
the rear 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. Reflective material and/or lights visible on each side of the bicycle,
electric bicycle, or bicyclist and 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. The provisions of this Subsection shall
not apply to motorized bicycles which comply with National Highway
Traffic and Safety Administration regulations relating to reflectors
on motorized bicycles.
[Ord. No. 5762, 1-24-2022]
Every person riding a bicycle, electric bicycle, or motorized
bicycle upon a street or highway shall be granted all of the rights
and shall be subject to all of the duties applicable to the driver
of a vehicle as provided by Chapter 304, RSMo., and this Title, except
as to special regulations in this Chapter, and except as to those
provisions of Chapter 304, RSMo., and this Title, which by their nature
can have no application.
[Ord. No. 5762, 1-24-2022]
A. Every
person operating a bicycle, electric bicycle, or motorized bicycle
at less than the posted speed or slower than the flow of traffic upon
a street or highway shall ride as near to the right side of the roadway
as safe, exercising due care when passing a standing vehicle or one
proceeding in the same direction, except when making a left turn,
when avoiding hazardous conditions, when the lane is too narrow to
share with another vehicle, or when on a one-way street. Bicyclists
may ride abreast when not impeding other vehicles.
B. Whenever
a usable path for bicycles or electric bicycles practical for sustained
riding for transportation purposes has been provided adjacent to a
roadway, riders shall use such path and shall not use the roadway.
[Ord. No. 5762, 1-24-2022]
A. A person operating a bicycle or electric bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway may operate as described in Section
370.050 of this Chapter or may operate on the shoulder adjacent to the roadway.
B. A bicycle
or electric bicycle operated on a roadway, or the shoulder adjacent
to a roadway, shall be operated in the same direction as vehicles
are required to be driven upon the roadway.
C. For purposes of this Section and Section
370.050,
"roadway" means that portion of a street or highway ordinarily used for vehicular
travel, exclusive of the berm or shoulder.
[Ord. No. 5762, 1-24-2022]
The operator of a bicycle or electric bicycle shall signal as required in Section
340.190 of this Title, except that a signal by the hand and arm need not be given continuously if the hand is needed to control or operate the bicycle or electric bicycle. An operator of a bicycle or electric bicycle intending to turn the bicycle or electric bicycle to the right shall signal as indicated in Section
340.190 of this Title or by extending such operator's right arm in a horizontal position so that the same may be seen in front and in rear of the vehicle.
[Ord. No. 5762, 1-24-2022]
Any person seventeen (17) years of age or older who violates
any provision of this Chapter is guilty of an ordinance violation
and, upon conviction thereof, shall be punished by a fine of not less
than five dollars ($5.00) nor more than twenty-five dollars ($25.00).
If any person under seventeen (17) years of age violates any provision
of this Chapter in the presence of a Police Officer, said officer
may impound the bicycle, electric bicycle, or motorized bicycle involved
for a period not to exceed five (5) days upon issuance of a receipt
to the child riding it or to its owner.
A. No
person shall operate a motorized bicycle on any highways, streets
or roads in this City unless the person has a valid license to operate
a motor vehicle.
B. Violation
of this Section shall be deemed an infraction.
No person shall operate a motorized bicycle on any highways,
streets or roads in this City unless it is equipped in accordance
with the minimum requirements for construction and equipment of MOPEDS,
Regulation VESC-17, approved July, 1977, as promulgated by the Vehicle
Equipment Safety Commission.
[R.O. 2008 §16-473; Ord. No. 977 §1(11.6), 1-5-1981; Ord. No. 5762, 1-24-2022]
No person operating a bicycle, electric bicycle, or motorized
bicycle shall carry any package, bundle or article which prevents
the use of both hands in the control and operation of the bicycle,
electric bicycle, or motorized bicycle. A person operating the bicycle,
electric bicycle, or motorized bicycle shall keep at least one (1)
hand on the handlebars at all times.
[R.O. 2008 §16-456; Ord. No. 977 §1(11.11), 1-5-1981; Ord. No. 5762, 1-24-2022]
A uniformed City Police Officer may, at any time upon reasonable
cause to believe that a bicycle, electric bicycle, or motorized bicycle
is unsafe or not equipped as required by law or that its equipment
is not in proper adjustment or repair, require the person riding the
bicycle, electric bicycle, or motorized bicycle to stop and submit
the bicycle, electric bicycle, or motorized bicycle to an inspection
and such test with reference thereto as may be appropriate.
[R.O. 2008 §16-457; Ord. No. 2049 §3, 1-24-2000; Ord. No. 5397 §1, 10-27-2014]
A. Every person operating or being a passenger on a bicycle, electric
bicycle, or motorized bicycle or using in-line skates, roller skates,
a skateboard, a scooter, or similar wheeled device on a public roadway,
public bicycle path or other public rights-of-way shall wear a bicycle
helmet of good fit, fastened securely upon the head with the straps
of the helmet.
[Ord. No. 5762, 1-24-2022]
B. No person operating a bicycle, electric bicycle, or motorized bicycle
or using in-line skates, roller skates, a skateboard, a scooter, or
similar wheeled device on a public roadway, public bicycle path or
other public rights-of-way shall allow anyone to ride as a passenger
unless the passenger is wearing a bicycle helmet of good fit, fastened
securely upon the head with the straps of the helmet, or else is in
an enclosed trailer or other device properly attached to a bicycle
or electric bicycle which meets or exceeds current nationally recognized
standards of design and manufacture for the protection of the passenger's
head from impacts in an accident without the need for a helmet.
[Ord. No. 5762, 1-24-2022]
C. No parent, custodian or legal guardian of a person age sixteen (16)
and under shall knowingly permit said person to operate or be a passenger
on a bicycle, electric bicycle, or motorized bicycle or to use in-line
skates, roller skates, a skateboard, a scooter, or similar wheeled
device, without wearing a bicycle helmet of good fit, fastened securely
upon the head with the straps of the helmet.
[Ord. No. 5762, 1-24-2022]
D. No person operating a bicycle, electric bicycle, or motorized bicycle
on a public roadway, public bicycle path or other public right-of-way
shall allow anyone who is either four (4) years old or younger, weighing
forty (40) pounds or less, to ride as a passenger on the bicycle,
electric bicycle, or motorized bicycle other than in a seat which
shall adequately retain the passenger in place and protect the passenger
from the bicycle's, electric bicycle's, or motorized bicycle's moving
parts.
[Ord. No. 5762, 1-24-2022]
E. A person regularly engaged in the business of renting bicycles, electric
bicycles, motorized bicycles, in-line skates, roller skates, skateboards,
scooters, or similar wheeled devices shall require each person seeking
to rent one (1) or more of these items to provide his/her signature
either on the rental form or on a separate form indicating both of
the following:
[Ord. No. 5762, 1-24-2022]
1.
Receipt of a written explanation of the provisions of this Section and the penalties for violations as provided in Code Section
100.090.
2.
A statement concerning whether the person will be an operator
or passenger on the bicycle, electric bicycle, motorized bicycle,
in-line skates, roller skates, skateboard, scooter, or similar wheeled
device in an area where the use of a bicycle helmet is required.
F. A person regularly engaged in the business of selling or renting
bicycles, electric bicycles, motorized bicycles, in-line skates, roller
skates, skateboards, scooters, or similar wheeled devices shall provide
a bicycle helmet to any person who will be an operator or passenger
on the bicycle, electric bicycle, motorized bicycle, in-line skates,
roller skates, skateboard, scooter, or similar wheeled device in an
area requiring a bicycle helmet, if the person does not already have
a helmet in his/her possession. A reasonable fee may be charged for
the bicycle helmet rental.
[Ord. No. 5762, 1-24-2022]
G. Any operator or passenger found to be in violation of this Section
may be issued an equipment violation notice as prescribed on a Missouri
Uniform Complaint and Summons. The person responsible for payment
of the violation may have the violation dismissed, if it is his/her
first such notice of violation and the person submits a receipt for
a proof of purchase of a bicycle helmet along with the helmet to the
Creve Coeur Police Department within five (5) calendar days of the
date of the violation notice.
H. Fines assessed to a child as defined in Section 211.021, RSMo., will
be the legal responsibility of the violator's parent, custodian or
legal guardian; and therefore any summons issued as a result of a
violation committed by such a child shall be issued to the violator's
parent, custodian or legal guardian.
[Ord. No. 5633, 3-25-2019]
I. This Section shall only apply to bicycles, electric bicycles, motorized
bicycles, in-line skates, roller skates, skateboards, scooters, and
similar wheeled devices operated on a public roadway, public bicycle
path or other public rights-of-way and not on private residential
property.
[Ord. No. 5762, 1-24-2022]
[R.O. 2008 §16-468; Ord. No. 977 §1(11.4), 1-5-1981]
A. The
operator of a motorized bicycle shall ride only astride the permanent
and regular seat attached thereto and shall not permit more than one
(1) person to ride thereon at the same time, unless the motorized
bicycle is designed to carry more than one (1) person. Any motorized
bicycle designed to carry more than one (1) person must be equipped
with a passenger seat and footrests for the use of a passenger.
B. No
motorized bicycle may be operated on any public thoroughfare located
within this City which has been designated as part of the Federal
interstate highway system.
[R.O. 2008 §16-472; Ord. No. 977 §1(11.10), 1-5-1981; Ord. No. 1253 §1, 11-3-1987; Ord. No. 5762, 1-24-2022]
A. A person
may not propel or operate an electric bicycle, motorized scooter,
or motorized bicycle on sidewalks or crosswalks.
B. A person
propelling a bicycle upon and along a sidewalk or across a roadway
upon and along a crosswalk shall yield the right-of-way to any pedestrians
and shall give audible signal before overtaking and passing such pedestrian
and shall otherwise have all the rights and duties applicable to pedestrians
under the same circumstances.
C. A person
shall not ride a bicycle upon and along a sidewalk or across a roadway
upon and along a crosswalk, where such use of bicycles is prohibited
by official traffic control devices.
D. No
person shall propel a bicycle, electric bicycle, motorized scooter,
motorized bicycle, skateboard or operate a motorized vehicle of any
type upon the fitness trail or grass area of Conway Park, except for
authorized maintenance or emergency vehicles.
[Ord. No. 5762, 1-24-2022]
A. Except as otherwise provided in this Chapter, every person riding
an electric bicycle shall be granted all of the rights and shall be
subject to all of the duties applicable to the operator of a bicycle,
or motorized bicycle under this Code or Chapter 304, RSMo. For the
purposes of the application of this Code, an electric bicycle shall
be considered a vehicle to the same extent as a bicycle, or motorized
bicycle.
B. An electric bicycle or a person operating an electric bicycle is
not subject to provisions of law that are applicable only to motor
vehicles, all-terrain vehicles, off-road vehicles, off-highway vehicles,
motor vehicle rentals, motor vehicle dealers or franchises, or motorcycle
dealers or franchises, including vehicle registration, certificates
of title, drivers' licenses, and financial responsibility.
C. No person shall tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle unless he or she replaces the label required under Section 307.194.3, RSMo., with a new label indicating the new classification. Violation of this Subsection shall be punishable as an offense under Section
100.090 of this Code.
D. An electric bicycle shall comply with the equipment and manufacturing
requirements for bicycles adopted by the United States Consumer Product
Safety Commission, 16 CFR 1512.
E. An electric bicycle shall operate in a manner so that the electric
motor is disengaged or ceases to function when the rider stops pedaling
or when the brakes are applied.
F. An electric bicycle may be ridden where bicycles are permitted to
travel, including but not limited to bicycle or multi-use paths where
bicycles are permitted.
G. No person under sixteen (16) years of age shall operate a Class 3
electric bicycle. A person under sixteen (16) years of age may ride
as a passenger on a Class 3 electric bicycle that is designed to accommodate
passengers.
H. All Class 3 electric bicycles shall be equipped with a speedometer
that is capable of displaying the speed an electric bicycle is traveling
in miles per hour.
I. Electric bicycles are not permitted on designated nonmotorized trails
having a natural surface tread made by grading and clearing the native
soil with no added surface materials.