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, or two (2) parallel wheels and one (1) or two (2) forward or rear wheels, all of which are more than fourteen (14) inches in diameter, 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.
A. 
Every bicycle and motorized bicycle when in use on a street or highway during the period from one-half (½) hour after sunset to one-half (½) hour before sunrise shall be equipped with the following:
1. 
A front-facing lamp on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred (500) feet;
2. 
A rear-facing red reflector, at least two (2) square inches in reflective surface area, or a rear-facing red lamp on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle headlights at six hundred (600) feet;
3. 
Reflective material and/or lights on any part of the bicyclist's pedals, crank arms, shoes or lower leg visible from the front and the rear at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at two hundred (200) feet; and
4. 
Reflective material and/or lights visible on each side of the bicycle or bicyclist and visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred (300) feet. The provisions of this Subsection shall not apply to motorized bicycles which comply with National Highway Traffic and Safety Administration regulations relating to reflectors on motorized bicycles.
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 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.
A. 
A person operating a bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway may operate as described in Section 375.050 of this Chapter or may operate on the shoulder adjacent to the roadway.
B. 
A bicycle operated on a roadway, or the shoulder adjacent to a roadway, shall be operated in the same direction as vehicles are required to be driven upon the roadway.
C. 
For purposes of this Section and Section 375.050, "roadway" means that portion of a street or highway ordinarily used for vehicular travel, exclusive of the berm or shoulder.
The operator of a bicycle shall signal as required in Section 340.190 of this Title, except that a signal by the hand and arm need not be given continuously if the hand is needed to control or operate the bicycle. An operator of a bicycle intending to turn the bicycle to the right shall signal as indicated in Section 340.190 of this Title or by extending such operator's right arm in a horizontal position so that the same may be seen in front and in rear of the vehicle.
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 Police Officer, 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.
A. 
No person shall operate a motorized bicycle on any highways, streets or roads in this City unless the person has a valid license to operate a motor vehicle.
B. 
No motorized bicycle may be operated on any public thoroughfare located within this City which has been designated as part of the Federal interstate highway system.
C. 
Violation of this Section shall be deemed an infraction.
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.
[R.O. 2009 §27-175; Ord. No. 3518, 3-9-2005]
The term "pocket bike" shall mean 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 produced 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.
[1]
State Law Reference — Similar provisions, §300.180, RSMo.
[R.O. 2009 §27-176; Ord. No. 3518, 3-9-2005]
A. 
No person shall operate a pocket bike on any highway or street in the City unless the person has a valid license to operate a motor vehicle.
B. 
No pocket bike may be operated on any public thoroughfare located within the City which has been designated as part of the Federal interstate highway system.
C. 
Violation of this Section shall be deemed an ordinance violation.
[1]
State Law Reference — Similar provisions, §307.195, RSMo.
[R.O. 2009 §27-177; Ord. No. 3518, 3-9-2005]
Every person riding a pocket bike upon any roadway in this City shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this State declaring the rules of the road applicable to vehicles or by the provisions of this Chapter applicable to the drivers of vehicles, except as to special regulations in this Article and except as to those provisions of State law and this Chapter which, by their nature, can have no application.
[1]
State Law Reference — Similar provisions, §307.188, RSMo.
[R.O. 2009 §27-178; Ord. No. 3518, 3-9-2005]
No person shall operate a pocket bike on any roadway 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, this State being a party thereto as provided in Section 307.250, RSMo., and the regulation is hereby approved as provided in Section 307.260, RSMo.
[R.O. 2009 §27-179; Ord. No. 3518, 3-9-2005]
Every pocket bike shall be equipped with brakes which will enable its driver to stop the bicycle or pocket bike within twenty-five (25) feet from a speed of ten (10) miles per hour on dry, level, clean pavement.
[1]
State Law Reference — Similar provisions, §307.183, RSMo.
[R.O. 2009 §27-180; Ord. No. 3518, 3-9-2005]
A. 
Every pocket bike when in use on any roadway in this City during the period from one-half (½) hour after sunset to one-half (½) hour before sunrise shall be equipped with the following:
1. 
A front-facing lamp on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred (500) feet;
2. 
A rear-facing red reflector, at least two (2) square inches in reflective surface area, on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle headlights at six hundred (600) feet;
3. 
Essentially colorless or amber reflectors on both the front and rear surfaces of all pedals. Each pedal reflector shall be recessed below the plane of the pedal or reflector housing. Each reflector shall be at least one (1) square inch in projected effective reflex area and must be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at two hundred (200) feet;
4. 
A side-facing essentially colorless or amber reflector visible on each side of the wheel mounted on the wheel spokes of the front wheel within three (3) inches of the inside of the wheel rim and a side-facing essentially colorless or red reflector mounted on the wheel spokes of the rear wheel within three (3) inches of the inside of the wheel rim or continuous retro-reflective material on each side of both tires which shall be at least three-sixteenths (3/16) of an inch wide. All such reflectors or retro-reflective tire sidewalls shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred (300) feet. The provisions of this Section shall not apply to pocket bikes which comply with National Highway Traffic and Safety Administration regulations relating to reflectors on pocket bikes.
[1]
State Law Reference — Similar provisions, §307.185, RSMo.
[R.O. 2009 §27-181; Ord. No. 3518, 3-9-2005]
The operator of a pocket bike shall ride only astride the permanent and regular seat attached thereto and shall not permit more than one (1) person to ride thereon at the same time, unless the pocket bike is designed to carry more than one (1) person. Any pocket bike designed to carry more than one (1) person must be equipped with a passenger seat and footrests for the use of a passenger.
[1]
State Law Reference — Similar provisions, §300.345, RSMo.
[R.O. 2009 §27-182; Ord. No. 3518, 3-9-2005]
Every person operating a pocket bike upon any roadway in this City shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
[1]
State Law Reference — Similar provisions, §307.190, RSMo.
[R.O. 2009 §27-183; Ord. No. 3518, 3-9-2005]
No person shall ride a pocket bike upon a sidewalk.
[1]
State Law Reference — Similar provisions, §300.347, RSMo.
[R.O. 2009 §27-184; Ord. No. 3518, 3-9-2005]
Any person operating or riding as a passenger on a pocket bike, motorized scooter or motorized skateboard on any public area in the City of Festus shall wear an approved helmet designed for safety and shall have either the neck or chin strap of the helmet fastened securely while the device is in motion and have safety equipment. "Helmet" means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell and a neck or chin strap type retention system which meets or exceeds the standards required by the Federal Consumer Product Safety Commission as adopted by the Code of Federal Regulations 16 C.F.R. §1203.
"Safety equipment" includes footwear that covers the entire foot and toes, protective glasses or goggles, padding for the knees, chest and elbows.
[R.O. 2009 §27-185; Ord. No. 3518, 3-9-2005]
Notwithstanding the above provisions, any two- or three-wheeled device which would otherwise be classified as a pocket bike under the above provisions, but has an automatic transmission and a motor with a cylinder capacity of more than fifty (50) cubic centimeters or which produces more than three (3) gross brake horsepower or is capable of propelling the device at a maximum speed of more than thirty (30) miles per hour on level ground, shall be classified as a motor vehicle under City ordinance and the operators of any such device shall be subject to all applicable State Statutes and City ordinance with regard to the ownership and operation of said device including, but not limited to, the provisions of Chapter 303, RSMo., "Motor Vehicle Financial Responsibility Law".
[R.O. 2009 §27-186; Ord. No. 3518, 3-9-2005]
Notwithstanding the above provisions, any device which does not otherwise fit within the definition of motor vehicle, motorized bicycle or EPAMD under the definitions contained within the Missouri Revised Statutes and which does not fit within the definition of pocket bike as set forth in this Article and which is powered solely or primarily by battery power or electrical power shall not be operated upon City streets.