[Ord. No. 12-2021, 5-24-2021]
The purpose of this Chapter is to develop regulations and requirements
for the use of ROHVs on the public thoroughfares and streets of the
City to better ensure the public safety of the residents of the City
and provide for an additional method of safe and convenient transportation.
[Ord. No. 12-2021, 5-24-2021]
A. ROHVs
operated on public streets within the City shall be manufactured and
equipped in accordance with all applicable requirements of Chapter
304, RSMo., including Sections 304.029 and 304.033, RSMo.
B. No
ROHVs shall be operated on public streets within the City unless a
ROHV permit has been applied for and issued by the City. Upon issuance
of a ROHV permit, a registration sticker with identifying numbers
shall be attached to the rear of the registered ROHV and be visible
at all times. This shall be done each calendar year or if there is
a change in ownership.
C. Any
individual operating a ROHV shall be at least fifteen (15) years old
and have a valid State-issued permit or driver's license, but is not
required to pass an examination for the operation of a motorcycle.
D. All
ROHVs shall be insured, and such proof of insurance shall specifically
list the ROHV as referenced by the serial number and model year. The
insurance shall be kept in the ROHV or on the operator's person during
operation and be available for inspection upon request.
E. No
person shall authorize or knowingly permit any ROHV owned by him/her
or under his/her control to be driven upon any roadway located inside
the City limits by any person who is not authorized hereunder or in
violation of any of the provisions of this Section.
F. At
a minimum, all ROHVs shall have the following:
2. Four (4) tires safe for use on City streets;
4. A seat and place for the operator to put their feet while operating
the vehicle;
5. At least one (1) rearview mirror or two (2) side mirrors;
7. Vehicle registration sticker prominently displayed on the rear of
the vehicle.
G. Safety
markings on ROHVs shall be attached to the rear of the vehicle. Examples
of valid markings include:
1. A bicycle safety flag which extends not less than seven (7) feet
above the ground. The flag shall be neon yellow or orange with an
area not less than thirty (30) square inches.
2. A "slow-moving" or "slow-moving vehicle" emblem of not less than
thirty (30) square inches.
3. A lighted whip pole with a flag attached which extends not less than
seven (7) feet above the ground.
H. A ROHV
operated during the day without brake lights or turn signals must
make use of standard hand signals to communicate when other motor
vehicles are near, in accordance with Section 304.019, RSMo.
I. Any
ROHV operated between sunset and dawn must also be equipped with taillights
and headlights in compliance with the applicable Sections of Sections
307.040 and 307.185, et seq., RSMo.
J. ROHVs shall not be subject to the equipment requirements applicable to motor vehicles in Louisiana Municipal Code Chapter
370, but shall be held responsible for having equipment prohibited by that Section, such as tires potentially destructive of or unsafe on City streets, or use of lights that may distract or impinge upon the vision of other drivers.
K. All
ROHVs shall be operated in accordance with the posted municipal speed
limits.
[Ord. No. 12-2021, 5-24-2021]
A. It
shall be prohibited for any individual to:
1. Operate a ROHV in any careless or imprudent manner so as to endanger
any person or the property of any person.
2. Operate a ROHV while under the influence of alcohol or a controlled
substance.
3. Operate a ROHV between the hours of official sunset and sunrise,
except with all required lights and signals.
4. Operate a ROHV on City sidewalks, or in any other manner that might
pose a danger to pedestrians.
[Ord. No. 12-2021, 5-24-2021]
A. Applications
for a ROHV permit shall be filed with the City Collector.
B. No
permit or license shall be issued to any applicant that has not paid
any tax or fee due and owing to the City, as required by Louisiana
Ordinance 130.220.
C. The
City Collector shall charge a fee of fifteen dollars ($15.00) for
each permit, of which five dollars ($5.00) shall be remitted to the
Police Department and ten dollars ($10.00) to the City General Administration
Fund.
D. Any
ROHV registered on or after the first day of August of any year and
prior to the first day of February of any year shall pay a fee of
two-thirds (2/3) of that imposed for a full year, of which five dollars
($5.00) shall be remitted to the Police Department and the remaining
portion to the City General Administration Fund.
E. Each
ROHV permit application shall include at least the following information:
1. Basic identifying information for the ROHV (make, model, color and
such other identifying information as the City Collector may deem
advisable);
2. The name and address of the owner of the ROHV;
3. A copy of proof of insurance; and
4. A certification by the owner that the ROHV meets all requirements
of this Chapter.
F. Upon
submission of a completed ROHV Permit Application, an employee of
the Police Department shall perform an examination of the ROHV to
confirm that it satisfies the elements of the checklist and initial
the form upon approval. If approved, the applicant shall be sent to
the City Collector.
G. The
City Collector shall collect the required fee and confirm the applicant's
eligibility to be issued a ROHV permit. If the applicant is found
eligible and has paid the fee, the City Collector shall issue a vehicle
registration sticker with identifying numbers to the applicant.
H. The
judgments of the City Collector and Police Department employee as
to the satisfaction of these elements shall both be conclusive unless,
upon application to the Mayor, it is found that the decision constituted
an abuse of discretion.
I. If
at any time a change of ownership occurs such that the current owner
of a ROHV does not match the applicant on the issued permit, a new
ROHV permit application must be submitted and a new permit issued
regardless of the time of year.
J. Each
ROHV permit shall expire on February 1st of each year after issuance
and the applicant and vehicle will be subject to reapplication and
reinspection each year. Anyone who reapplies for a ROHV permit after
February 1st will be subject to a fine of forty dollars ($40.00).
[Ord. No. 12-2021, 5-24-2021]
No person shall operate any ROHV as defined above upon the roadways
of this City without a ROHV permit except if owned and operated by
a governmental entity for official use.
[Ord. No. 12-2021, 5-24-2021]
A. Any
person who violates any provision of this Chapter is guilty of an
ordinance violation and, upon conviction thereof, shall be punished
by a fine of not less than twenty dollars ($20.00) nor more than one
hundred dollars ($100.00).
B. Notwithstanding
the provisions of the preceding Subsection, if a ROHV is operated
in violation of the general traffic laws and regulations of the City
of Louisiana or the State of Missouri, then the operator may be charged
and punished as any other motorist in accordance with those laws and
regulations.
C. ROHV
permits remain at all times a privilege and not a right and may be
revoked at the discretion of the Municipal Judge, the Mayor, or the
Chief of Police if it is found that a ROHV owner, or any driver knowingly
allowed to drive by the owner, is operating a ROHV in a careless,
negligent, imprudent, or otherwise dangerous manner. A revocation
shall carry with it the forfeiture of the permit fee paid and shall
in no case entitle the revoked owner to a refund.
[Ord. No. 12-2021, 5-24-2021]
Neither inspection of a ROHV nor the issuance of a permit is
an endorsement of the safety of a ROHV, nor by reason of the issuance
of a permit does the City of Louisiana accept any liability resulting
from the use of ROHVs on the City streets. All operators of ROHVs
must exercise the prudence and good judgment required of any other
motor vehicle operator and must be especially mindful of their safety
vis-a-vis larger road vehicles. By applying for a permit the operator
acknowledges acceptance of this provision.