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, except scooters
and similar devices.
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. A motorized
bicycle shall be considered a motor vehicle for purposes of any homeowners'
or renters' insurance policy.
[Ord. No. 619 §1, 9-15-2008]
A. Purpose And Intent. It is the purpose and intent of this
Section to provide for the regulation of motorized skateboards and
motorized play vehicles in order to protect the safety of pedestrians,
bicyclists, motor vehicle drivers and the operators of motorized play
vehicles alike.
B. Definitions. In this Section, unless the context otherwise
requires:
MOTORIZED PLAY VEHICLE
A coaster, scooter, any other alternatively fueled devices,
or other motorized vehicle that is self-propelled by a motor or engine,
gas or electric, and which is not otherwise defined in the Rogersville
Municipal Code as a "motor vehicle", "motorcycle", "motortricycle"
or "motorized bicycle".
MOTORIZED SKATEBOARD
A self-propelled device that has a motor, gas or electric,
a deck on which a person may ride and at least two (2) tandem wheels
in contact with the ground, and which is not otherwise defined in
the Rogersville Municipal Code as "motor vehicle", "motorcycle", "motortricycle"
or "motorized bicycle".
C. Prohibited Operation.
1. No motorized skateboard or motorized play vehicle may be operated
by any person who is not licensed or otherwise authorized to operate
a motor vehicle under the laws of this State. A helmet that meets
the safety standards under the laws of this State shall be required.
2. No motorized skateboard or motorized play vehicle may be operated
on any public sidewalk or any other part of a highway or on any bikeway,
bicycle path or trail, equestrian trail or shared-use path.
3. No motorized skateboard or motorized play vehicle may be operated
on any private property of another without written permission of the
owner, the person entitled to immediate possession of the property
or the authorized agent of either.
4. No person shall operate a motorized skateboard or motorized play
vehicle on any private property in a manner causing excessive, unnecessary
or offensive noise which disturbs the peace and quiet of any neighborhood
or which causes discomfort or annoyance to a reasonable person of
normal sensitivity.
D. Responsibilities Of Parents, Guardians And Legal Custodians.
1. The parent, guardian or legal custodian of any minor shall not authorize
or knowingly permit such minor to violate any of the provisions of
this Section.
2. If a fine is imposed upon a minor who is found to be in violation
of this Section, the parents or legal guardian having custody or control
of the minor shall be jointly and severally liable with the minor
for payment of the fine, whether or not the parents or guardian knew
of, or anticipated, a violation of this Section.
E. Any violation of this Section is punishable as an ordinance violation pursuant to Section
385.060 of the Rogersville Municipal Code.
F. Nothing
in this Section shall be interpreted to apply to electric personal
assistance mobility devices as defined in Section 307.205, RSMo.
Every bicycle and motorized bicycle shall be equipped with a
brake or brakes which will enable its driver to stop the bicycle or
motorized bicycle within twenty-five (25) feet from a speed of ten
(10) miles per hour on dry, level, clean pavement.
Every person riding a 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.
Every person operating a 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.
Any person seventeen (17) years of age or older who violates
any provision of this Chapter is guilty of an infraction 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 Peace Officer possessing the duty
and power of arrest for violation of the general criminal laws of
the State or for violation of ordinances of Counties or municipalities
of the State, said officer may impound the 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.
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.
[Ord. No. 622 §1, 9-15-2008]
A. No
motorized bicycle may be operated by any person who is not licensed
or otherwise authorized to operate a motor vehicle under the laws
of this State. A helmet that meets the safety standards under the
laws of this State for a motorcycle rider shall be required of any
person operating a motorized bicycle on any City street or highway.
B. Any
violation of this Section is punishable by a fine of fifty dollars
($50.00) per occurrence.