[Ord. No. 2008-24 § 1, 9-9-2008; Ord. No. 2008-24A §§ 1
— 2, 10-14-2008]
Definitions. For the purposes of this Chapter,
the following words and phrases shall have the meanings respectively
ascribed to them by this Section:
Any street with a roadway of less than twenty (20) feet in
width.
Any motorized vehicle manufactured and used exclusively for
off-highway use which is fifty (50) inches or less in width, with
an unladen dry weight of six hundred (600) pounds or less, traveling
on three (3), four (4) or more low pressure tires, with a seat designed
to be straddled by the operator and handlebars for steering control.
A non-motorized vehicle consisting of a metal frame on two
(2) wheels and having handlebars and a seat.
The territory contiguous to and including a highway when,
within any six hundred (600) feet along the highway, there are buildings
in use for business or industrial purposes, including, but not limited
to, hotels, banks, office buildings, railroad stations, stores and
public buildings, which occupy at least three hundred (300) feet of
frontage on one (1) side or three hundred (300) feet collectively
on both sides of the roadway.
Every vehicle designed, maintained or used primarily for
the transportation of property which bears the name of the owner or
business prominently and permanently displayed on the side thereof.
Every highway, street or roadway in respect to which owners
or occupants of abutting lands and other persons have no legal right
of access to or from the same, except at such points only and in such
manner as may be determined by the public authority having jurisdiction
over the highway, street or roadway.
That part of a roadway at an intersection included within
the connections of the lateral lines of the sidewalks on opposite
sides of the highway measured from the curbs or, in the absence of
curbs, from the edges of the traversable roadway; or any portion of
a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
Any motorized or electric vehicle designed to be used for
transporting persons and equipment while playing golf and designed
primarily for off-street/road use. Golf carts are typically sixty
(60) inches or less in width and travel on three (3), four (4) or
more low pressure tires.
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors and motorized bicycles.
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three (3) wheels
in contact with the ground, but excluding a tractor or a vehicle which
has an enclosure surrounding all the riders. This definition includes
mini-motorcycles or pocket bikes.
Any two-wheeled 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.
Whenever certain hours are named herein, they shall mean
standard time or daylight-saving time as may be current use in the
City.
That portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the berm or shoulder. In the
event a highway includes two (2) or more separate roadways, the term "roadway", as used herein, shall refer to any such roadway
separately but not to all such roadways collectively.
That portion of a street between the curb lines, or the lateral
lines of a roadway, and the adjacent property lines intended for the
use of pedestrians.
The entire width between the lines of every way publicly
maintained, when any part thereof is open to the uses of the public
for purposes of vehicular travel.
Any motorized vehicle manufactured and used exclusively for
off-highway purposes which is sixty-three (63) inches or less in width,
has an unladen dry weight of one thousand nine hundred (1,900) pounds
or less, travels on four (4) or six (6) wheels and is used primarily
for agricultural, landscaping, lawn care or maintenance purposes.
This definition shall not pertain to riding lawnmowers.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, excepting motorized
bicycles and devices moved by human power or used exclusively upon
stationary rails or tracks.
[Ord. No. 2008-24 § 2, 9-9-2008; Ord. No. 2008-24A §§ 1,
3, 10-14-2008; Ord. No.
2015-13 § I, 4-28-2015]
A.
No person shall operate an all-terrain vehicle or utility vehicle,
as defined in this Chapter, upon the streets and highways of this
City, except as follows:
1.
All-terrain or utility vehicles owned and operated by a governmental
entity for official use;
2.
All-terrain or utility vehicles operated for agricultural purposes
or industrial on-premises purposes between the official sunrise and
sunset on the day of operation; or
3.
All-terrain or utility vehicles whose operators carry a special permit
issued by this City pursuant to this Chapter, and affixed to the vehicle.
These permits shall be issued annually by the City. The fee for said
permit shall be set by the City Council annually.
B.
A person operating an all-terrain or utility vehicle on a street
or highway pursuant to an exception covered in this Section shall
have a valid driver's license issued by a State authorizing such
person to operate a motor vehicle, but shall not be required to have
passed an examination for the operation of a motorcycle. The operator
of an all-terrain or utility vehicle is required to obey all the same
traffic laws as an operator of a motor vehicle. No person shall operate
an all-terrain vehicle unless it has a valid title with the Department
of Revenue.
C.
No person shall operate an all-terrain, utility vehicle or off-road
vehicle, as defined in Section 301.001, RSMo., within any stream or
river in this City, except that off-road vehicle may be operated within
waterways which flow within the boundaries of land which an off-road
vehicle operator owns, or has permission to be upon, or for the purpose
of fording such stream or river of the State at such road crossings
as are customary or part of the highway system. The operator of an
all-terrain, utility vehicle or off-road vehicle is required to obey
all the same traffic laws and signage rules as an operator of a motor
vehicle.
D.
No person shall operate an all-terrain or utility vehicle, as defined
in this Chapter, on a street or highway:
1.
In excess of the posted speed limit;
2.
In any careless or imprudent manner so as to endanger a person or
property of another;
3.
While under the influence of alcohol or any controlled substance;
4.
Without a securely fastened safety helmet on the head of an individual
who operates an all-terrain vehicle;
5.
Without liability insurance coverage in such amounts and under such
terms that shall comply with the provision of Sections 303.010 through
303.044, RSMo., which said coverage, terms and requirements shall
also cover and apply to said individual's operation of an all-terrain
or utility vehicle;
6.
With a passenger or rider, unless said vehicle is designed for passengers
or riders, and is equipped with proper seat belt equipment for each
passenger.
E.
Every all-terrain and utility vehicle operated on a street or highway
within the City shall have the following equipment:
1.
A bicycle safety flag, which extends not less than seven (7) feet
above the ground, attached to the rear of the vehicle. The bicycle
safety flag shall be triangular in shape with an area of not less
than thirty (30) square inches and shall be dayglow in color;
2.
A lighted headlamp and tail lamp which shall be in operation at any
time in which an all-terrain or utility vehicle is being operated
on any street or highway;
3.
A braking system maintained in good operating condition; and
4.
An adequate muffler system in good working condition, and a United
States Forest Service qualified spark arrester.
[Ord. No. 2008-24 § 3, 9-9-2008; Ord. No. 2008-24A §§ 1,
4, 10-14-2008]
A.
A person operating a motorized bicycle, moped or scooter on a street
or highway shall:
1.
Have a valid driver's license issued by a State authorizing
such person to operate a motor vehicle, but shall not be required
to have passed an examination for the operation of a motorcycle;
2.
Have a special permit issued by this City pursuant to this Chapter
and affixed to the vehicle. These permits shall be issued annually
by the City. The fee for said permit shall be set by the City Council
annually.
3.
Be required to obey all the same traffic laws and signage rules as
an operator of a motor vehicle.
B.
No person shall operate a motorized bicycle, moped or scooter:
1.
Without a valid driver's license;
2.
In excess of the posted speed limit;
3.
In any careless or imprudent manner so as to endanger a person or
property of another;
4.
While under the influence of alcohol or any controlled substance;
5.
Without a securely fastened safety helmet on the head of an individual
who operates a motorized bicycle, moped or scooter;
6.
Without adequate and appropriate insurance coverage;
7.
With a passenger or rider, unless said vehicle is designed for passengers
or riders; provided however, that in no event shall the operator allow
more than one (1) passenger or rider;
8.
During the period from 6:30 P.M. to 6:30 A.M. unless the vehicle
is equipped with a front-facing lamp on the front and a rear-facing
red reflector, at least two (2) square inches in reflective surface
area or a rear-facing red lamp, pursuant to Section 307.185, RSMo.;
9.
Unless it is equipped in accordance with the minimum requirements
for construction and equipment of MOPEDS, Regulation VESC-17, approved
July, 1997, as promulgated by the Vehicle Equipment Safety Commission.
[Ord. No. 2008-24 § 4, 9-9-2008; Ord. No. 2008-24A §§ 1,
5, 10-14-2008]
A.
No person shall operate a golf cart, as defined in this Chapter,
upon the streets and highways of this City, except as follow:
1.
Golf carts owned and operated by a governmental entity for official
use;
2.
Golf carts whose operators carry a special permit issued by this
City pursuant to this Chapter and affixed to the left rear fender
of the vehicle. These permits shall be issued annually by the City.
The fee for said permit shall be set by the City Council annually.
B.
No person shall operate a golf cart on City streets or highways:
1.
Unless the operator is at least eighteen (18) years of age and have
a valid driver's license;
2.
In excess of the posted speed limit;
3.
Without a bicycle safety flag, which extends not less than seven
(7) feet above the ground, attached to the rear of the vehicle. The
bicycle safety flag shall be triangular in shape with an area of not
less than thirty (30) square inches and shall be dayglow in color;
4.
In any careless or imprudent manner so as to endanger a person or
property of another;
5.
While under the influence of alcohol or any controlled substance;
6.
Without adequate and appropriate insurance coverage;
7.
With a passenger or rider, unless said vehicle is designed for passengers
or riders; provided however, that in no event shall the operator allow
more than one (1) passenger or rider;
8.
During the period from 6:30 P.M. to 6:30 A.M. unless the vehicle
is equipped with two (2) headlamps mounted at the same level on each
side of the front of the vehicle and two (2) rear lamps, red in color,
mounted at the same level on each side of the rear of the vehicle.
C.
The operator of a golf cart is required to obey all the same traffic
laws and signage rules as an operator of a motor vehicle.
[Ord. No. 2008-24 § 5, 9-9-2008; Ord. No. 2008-24A § 6, 10-14-2008]
Any violation of the requirements or prohibitions of this Article shall be declared to be a misdemeanor and upon conviction, the person so violating shall be punished under Section 1-8 of the Lexington Municipal Code. Additionally, the court may require suspension of the special permit, prohibiting operation of the vehicle within the City limits.
