[Ord. No. 394, 12-12-2016]
As used herein, the following terms shall have the prescribed definitions:
ALL-TERRAIN VEHICLE
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.
CITY FESTIVAL
Any major event hosted within the City limits of the City of Kimmswick and which is so designated by the Board of Aldermen. This shall include, but not be limited to, the annual Apple Butter and Strawberry festivals.
GOLF CART
A low-speed four-wheeled, self-propelled vehicle, with a seat for the use of the rider, an unladen dry weight of less than one thousand (1,000) pounds and sixty (60) inches in width or less, but utilizing a device other than handlebars for steering control.
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.
MOTORIZED SCOOTER
Any foot-operated vehicle which, either in its original form or as altered, includes a mechanism for propulsion other than by the operator's own movement and includes scooters equipped with a motor and skateboards which have been altered so as to be powered in whole or in part by a motor.
[Ord. No. 394, 12-12-2016]
A. 
Use Prohibited-Exceptions. No person may operate or ride a golf cart, all-terrain vehicle, motorized bicycle that is not licensed by the Missouri Department of Revenue, or motorized scooter anywhere within the City limits of the City of Kimmswick between 9:00 A.M. and 5:00 P.M. on any day on which a City festival is held without the prior consent of the Board of Aldermen, except on privately owned residential property with the consent of the owner of that property. Nothing herein contained shall permit or allow the operation of a golf cart, all-terrain vehicle, that is not licensed by the Missouri Department of Revenue motorized bicycle or motorized scooter on any roadway, inclusive of the berm and shoulder, residential street, whether publicly or privately owned, right-of-way, easement, sidewalk or parking lot. Nothing shall prevent the City of Kimmswick from consenting to the operation or use of motorized wheelchairs, or other devices, by persons with physical disabilities.
B. 
Responsibility Of Parent. No parent, guardian or other adult person having the care or custody of a minor shall fail to exercise customary and effective control over that minor so as to contribute to, cause or tend to cause that minor to violate the above Subsection (A) of this Section.
C. 
Notice To Parent. Whenever a minor shall be cited for a violation of the above Subsection (A) of this Section, the Police Department shall, as soon as practicable thereafter, deliver written notice to the minor's parent or guardian of that minor's violation of the above Subsection (A) of this Section. Such notice shall advise the parent or guardian of his/her responsibility under the above Subsection (B) of this Section. The notice shall be in such a form as to be signed by the minor's notified parent, signifying receipt thereof. If the parent or guardian refuses to sign said notice, the notifying Police Officer shall indicate such refusal.
D. 
Accountability Of Parent. Written notice as defined in Subsection (C) of this Section shall be prima facie evidence of that parent's or guardian's failure to exercise customary and effective control over that minor so as to contribute to, cause or tend to cause that minor to violate the above Subsection (A) of this Section, if that minor commits a second or successive violation of Subsection (A) of this Section.