[Ord. No. 588 §1, 4-12-2006]
As used in this Chapter, the following terms shall mean:
BICYCLE
Includes, but is not limited to, a human-powered vehicle
designed to transport by act of pedaling which has more than two (2)
wheels when the vehicle is used on a public roadway, public bicycle
path or other road or rights-of-way. This also includes a tricycle.
BICYCLE HELMET
A piece of headgear which meets or exceeds the impact standard
for protective bicycle helmets set by the U.S. Consumer Products Safety
Commission Federal safety standards, those developed by the American
National Standards Institute (ANSI), the Snell Foundation or the American
Society of Testing and Materials (ASTM).
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.
IN-LINE SKATES, ROLLER SKATES
A pair of devices worn on the feet with a set of wheels attached,
regardless of the number or placement of those wheels, and used to
guide or propel the user over the ground.
OPERATOR
A person who travels on a bicycle or tricycle seated on a
saddle seat from which that person is intended to and can pedal the
bicycle. This includes wearers of roller blades or roller skates and
users of skateboards.
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 (1)
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. 588 §2, 4-12-2006]
A. Every
person operating or being a passenger on a bicycle or using in-line
skates, roller skates, skateboards or non-motorized scooters 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.
B. 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 or to use in-line skates, roller skates, skateboards
or non-motorized scooters without wearing a bicycle helmet as defined
in this Chapter.
C. No
person operating a 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 other than in a seat which shall adequately
retain the passenger in place and protect the passenger from the bicycle's
moving parts.
D. Any
operator or passenger, as defined in this Section, 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 the person submits a receipt for a proof of purchase of a bicycle
helmet along with the helmet to the Velda City Police Department within
fourteen (14) calendar days of the date of the violation notice.
E. Fines
assessed to juvenile violators (age sixteen (16) and under) 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 juvenile shall be issued to said violator's parent,
custodian or legal guardian.
F. This
Section shall only apply to bicycles, in-line skates, roller skates,
skateboards and non-motorized scooters operated on public access or
rights-of-way and not on private residential property.