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.
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.
[Ord. No. 2005-13 §1, 3-15-2005]
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, a scooter, roller skates, roller blades or a skateboard
unless the child shall wear protective headgear which properly fits
and is fastened securely upon the head of the operator or passenger.
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 (ANSI), the Snell Memorial
Foundation or the American Society of Testing and Materials (ASTM).
Every person convicted of a violation of this Section shall be punished
by a fine of not more than twenty-five dollars ($25.00). However,
the first (1st) violation may be dismissed if the parent or guardian
submits a receipt for the proof of purchase of a bicycle helmet, along
with the approved helmet, to the Overland Police Department prior
to the court date set forth on the complaint and summons. An affidavit
of helmet ownership shall be accepted in lieu of a receipt of helmet
purchase.
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.