HomeMy WebLinkAboutOrd.4390.11-05-2012BILL NO. 12-158 ORDINANCE NO. /MO
AN ORDINANCE AMENDING CHAPTER 26 OF THE
CODE OF ORDINANCES OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, REGARDING MOTORIZED
BICYCLES, PROTECTIVE HEADGEAR AND MANNER
OF OPERATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 26-346 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, regarding Same -Helmets
required, reading as follows:
Sec. 26-346. Same - Helmets required
(a) Every person operating, or riding as a passenger
on any motorcycle, as defined in RSMo 301.010,
anywhere within the city limits shall wear protective
headgear at all times that the vehicle is in motion.
The headgear shall meet reasonable standards and
specifications established by the state director of
the department of public safety.
(b) The maximum penalty for a violation of the
provisions of this section is twenty-five dollars
($25.00). No court costs shall be imposed upon any
person due to such violation.
is hereby_ rfaled hits entirety, and a new Section 26-346
regarding "Helmet required" is hereby enacted in lieu thereof,
in words and figures, to read as follows:
Sec. 26-346. Helmets required
(a) Every person operating, or riding as a passenger
on any motorcycle or motorized bicycle, as defined in
RSMo 301.010, anywhere within the city limits shall
wear protective headgear at all times that the vehicle
is in motion. The headgear shall meet reasonable
standards and specifications established by the state
director of the department of public safety.
(b) The maximum penalty for a violation of the
provisions of this section is twenty-five dollars
($25.00). No court costs shall be imposed upon any
person due to such violation.
ARTICLE 2. Section 26-392 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, regarding License to operate
motorized bicycle; operation on interstate highway prohibited,
reading as follows:
Sec. 26-392. License to operate motorized bicycle;
operation on interstate highway prohibited.
(a) No person shall operate a motorized bicycle on any
highway or street in this city unless he has a valid
operator's or chauffeur's license.
(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.
a#reby' pealed tr#.,=a.ts erxtkM
sety, and a new Section 26-392
regarding "License to operate motorized bicycle; operation on
certain ,streets prohibited; passengers prohibited," is hereby
enacted in lieu thereof, in words and figures, to read as
follows:
Sec. 26-392. License to operate motorized bicycle;
operation on certain streets prohibited; manner of
operation; passengers prohibited.
(a) No person shall operate a motorized bicycle on any
highway or street in this city unless he has a valid
operator's or chauffeur's license.
(b) No motorized bicycle may be operated on any highway,
street, roadway, or public thoroughfare located within this
city which has a speed limit greater than thirty-five (35)
miles per hour.
(c) A person operating a motorized bicycle shall ride
only upon the permanent and regular seat attached thereto,
and such operator shall not carry any other person nor
shall any other person ride on a motorized bicycle anywhere
within the city limits.
(d) It shall be unlawful for any person to ride, operate
or manage any motorcycle or motorized bicycle other than in
a seated position thereon with one leg on either side
thereof, except that the provisions of this article shall
not apply to vehicles with three or more wheels.
(e) No person shall ride a motorcycle or motorized
bicycle on any street without having his hands upon the
handle bars, nor shall any person ride a motorcycle or
motorized bicycle upon any sidewalk, walkway or footpath
within the city.
ARTICLE 3. Section 26-398 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, regarding Penalty for
violation, reading as follows:
Sec. 26-398. Penalty for violation.
Any person seventeen (17) years of age or older who
violates and provision of this article, 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 article 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, such 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.
i hereb cy,aledg*#--:its e4t rety, and a new Section 26-398
regarding "Financial responsibility required," is hereby enacted
in lieu thereof, in words and figures, to read as follows:
Sec. 26-398. Financial responsibility required.
(a) No owner of a motorized bicycle, as defined in RSMo
301.010, shall operate the motorized bicycle, or authorize
any other person to operate the motorized bicycle, unless
the owner maintains financial responsibility for said
motorized bicycle in the same manner provided for motor
vehicles in Section 303.160, RSMo, as amended.
(b) No person shall operate a motorized bicycle owned by
another with the knowledge that the owner has not
maintained financial responsibility unless such person has
proof of financial responsibility which covers the person's
operation of the other's motorized bicycle.
(c) An insurance identification card shall be carried or
maintained in every insured motorized bicycle at all times
by the motorized bicycle owner.
(d) The operator of an insured motorized bicycle shall
exhibit the insurance identification card insuring said
motorized bicycle or said operator on demand of any peace
officer who lawfully stops such operator or investigates an
accident while that officer is engaged in the performance
of the officer's duties.
(e) No person shall be found guilty of violating this
section if it is demonstrated to the court that said person
met the financial responsibility requirements of this
section at the time the peace officer wrote the citation.
(f) The following shall suffice as proof of insurance in
place of provision of an insurance identification card: A
liability insurance policy covering said motorized bicycle,
a liability insurance binder, or a receipt for insurance
which contains the policy information: name and address of
insurer, name of named insured, policy number, effective
date of policy, and a description of the insured motorized
bicycle, including the VIN number or the word "fleet" if
the policy covers five (5) or more motorized bicycles.
ARTICLE 4. This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF 2012.
Harry E. Re Iger, Mayor