[Ord. No. 2009-33 §§1
— 5, 7-13-2009]
A. Findings Incorporated. The findings set forth in the introductory
language of this ordinance 2009-33 are incorporated into the body
of this Section as if fully set forth herein.
B. Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
ADULT
An individual seventeen (17) year of age or older.
CHILD
Individual under seventeen (17) years of age and who does
not otherwise suffer from a medically determined disability, where
such disability interferes with the normal use of the individual's
legs.
HELMET
Properly fitted protective headgear that is not structurally
damaged and that conforms to the standards of the American National
Standards Institute, the American Society for Testing and Materials,
the Snell Memorial Foundation or Federal agency having regulatory
jurisdiction over bicycle helmets, as applicable, at the time of the
manufacture of the helmet.
MOTOR ASSISTED SCOOTER
A self-propelled device with at least two (2) wheels in contact
with the ground during operation; a braking system capable of stopping
the device under typical operating conditions; a gas or electric motor
forty (40) cubic centimeters or less; a deck designed to allow a person
to stand or sit while operating the device; and the ability to be
propelled by human power alone.
PARENT
The natural or adoptive parent or court-appointed guardian
or conservator of a child.
PUBLIC WAY or PUBLIC PROPERTY
Real property owned, leased or controlled by a political
subdivision of the State of Missouri, a governmental entity or agency
or similar entity or property that is publicly owned or maintained
or dedicated to public use including, but not limited to, a path,
trail, sidewalk, alley, street or highway and a public park facility.
WEARING A HELMET
The person has a helmet fastened securely to his/her head
with the straps of the helmet securely tightened in the manner intended
by the manufacturer to provide maximum protection.
C. Restrictions And Prohibitions For Motor Assisted Scooter —
Penalty For Violation.
1. Restrictions and prohibitions on locations of use.
a. It is unlawful for child or an adult to operate or ride a motor assisted
scooter on any path, trail, alley, street or highway within the City,
except on paths and trails set aside for the exclusive operation of
bicycles.
b. It is unlawful for a parent to allow or permit a child to operate
or ride a motor assisted scooter on any path, trail, alley, street
or highway within the City except on paths and trails set aside for
the exclusive operation of bicycles.
c. It is presumed that a parent allowed a child to operate or ride a
motor assisted scooter in a restricted or prohibited area.
d. This Chapter shall not apply when the person in question suffers
from a medically determined disability and such disability interferes
with the normal use of the person's leg or the motor scooter is authorized
by a medical doctor.
2. Penalty.
a. A person who violated provision of Subsection
(C)(1) above, upon conviction, shall be fined an amount not exceeding five hundred dollars ($500.00).
b. The purpose of this Subsection
(C) is to promote safety and discourage the use of motor assisted scooter in unsafe areas.
D. Helmet Required — Penalty For Failure To Wear Helmet.
1. Helmet required.
a. It is unlawful for any person to operate or ride a motor assisted
scooter unless the person is wearing a helmet.
b. It is unlawful for a parent to allow or permit a child to operate
or ride a motor assisted scooter unless the child is wearing a helmet.
c. It is presumed that a parent allowed a child to operate or ride a
motor assisted scooter without wearing a helmet.
d. It is a defense to prosecution that the motor assisted scooter was
not being operated upon public property or a public way at the time
of the alleged offense.
2. Penalty.
a. A person who violates any provision of Subsection
(D)(1) above requiring helmets, upon conviction shall be fined an amount not exceeding fifty dollars ($50.00) upon first (1st) conviction and an amount not exceeding one hundred dollars ($100.00) upon the second (2nd) and each subsequent conviction.
b. The Municipal Court shall dismiss a charge against a child and/or parent for a first (1st) offense under Subsection
(D)(1) upon receiving proof that:
(1)
The defendant acquired a helmet for the child who was operating or riding the motor assisted scooter in violation of Subsection
(D)(1); and
(2)
The defendant acquired the helmet on or before the tenth (10th)
day after receiving the citation of violation.
c. If the charge against a person is dismissed under Subsection
(D)(2)(b),
a later conviction for a violation of Subsection
(D)(1) shall be considered a second (2nd) or subsequent conviction for purposes of Subsection
(D)(2)(a).
d. The purpose of this Subsection
(D) is to promote safety and encourage the use of helmets.
E. Saving/Repealing Clause. All provisions of any ordinances
in conflict with this Section are hereby repealed, but such repeal
shall not abate pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced
for violation if occurring prior to the repeal of the ordinance. Remaining
portions of said ordinance shall remain in full force and effect.