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.
[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.
[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.
[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.
[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.
[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.
[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.
[R.O. 2009 §27-183; Ord. No. 3518, 3-9-2005]
No person shall ride a pocket bike upon a sidewalk.
[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.