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1721 Bill No. 726 Minor Traffic

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, AMENDING ORDINANCE NO. 1651 BY UPDATING THE REQUIREMENTS FOR HELMETS WHEN OPERATING A MOTORCYCLE OR MOTOR-TRICYCLE

WHEREAS, the City currently requires all persons operating a motorcycle to wear a helmet; and

WHEREAS, the 100th Missouri General Assembly, Second Regular Session (2020) passed House Bill 1963 which prohibits all cities from requiring helmets for motorcycle or motor-tricycle operation.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

SECTION 1:    Ordinance No. 1651, Section 22, is hereby amended and shall now read as follows:

 

SECTION 22 – Proper vehicle equipment, condition required; helmet required

(Missouri Revised Statutes §§ 307.010 through 307.198)

No person shall operate any motor vehicle or bicycle unless same is in the condition and has the equipment required as follows, and upon a guilty plea or finding of guilt, the driver shall be guilty of operating a vehicle with defective equipment:

a.            Any motor vehicle manufactured or assembled after January 1, 1936, shall be equipped with safety glass in all doors, windows and windshields;

b.            Every vehicle shall be equipped with a forward directed working horn or whistle, emitting a sound of adequate volume to give warning of the approach of such vehicle to other users of the roadway and to pedestrians. This device shall be used for warning purposes only.  It shall be unlawful to use such device for making any unnecessary noise;

c.                        The motors of all motor vehicles shall be fitted with properly attached mufflers. Muffler cutouts shall not be used;

d.            No motor vehicle shall be operated in any manner or be in in a condition that excessive noise is made by its machinery, motor, signaling device or other parts.

e.                        All motor vehicles, except motorcycles, shall have at all times 2 sets of brakes, in good working order; motorcycles shall have 1 set of brakes, in good working order;

f.             All motor vehicles that are constructed or loaded so that the driver cannot see the road behind the vehicle by looking back or around the side of the vehicle shall be equipped with a mirror, adjusted to reveal the road behind and be visible from the driver’s seat;

g.            All vehicles carrying poles or other objects that project more than 5 feet from the rear of the vehicle when lights are required, shall carry a red light at or near the rear end of the projection. At other times, a red flag or cloth, not less than 16 inches, shall be displayed at the end of the projection;

h.            When one motor vehicle is towing another, the connecting device shall not exceed 15 feet.   When lights are required, they shall be displayed by both vehicles.  Every towed vehicle shall be coupled to the towing vehicle by a safety chain, cable or equivalent device in addition to the primary coupling device, except that a secondary coupling device shall not be necessary if the connecting device is a center-locking ball located over or nearly over the rear axle and not supported by the rear bumper of the towing vehicle. The secondary safety connecting devices shall be of sufficient strength to control the towed vehicle in the event of failure of the primary coupling device. The provisions of this subsection shall not apply to wreckers towing vehicles, vehicles secured to the towing vehicle by a fifth-wheel type connection, to any farm implements or to any vehicle that is not required to be registered;

i.             No person shall operate any motor vehicle upon any roadway between April 1 and November 1 while the motor vehicle is equipped with tires containing metal or carbide studs;

j.             No person shall operate any passenger motor vehicle upon the roadways if the body of the vehicle has been altered so that the front or rear of the vehicle is raised at such an angle as to obstruct the vision of the vehicle’s driver to the roadway in front or to the rear of the vehicle;

k.            Every vehicle operated upon the roadways shall be equipped with front and rear bumpers if the vehicle was equipped with bumpers as standard equipment;

l.             Except as set forth in Missouri Revised Statute § 307.173, no person shall operate any motor vehicle on the roadways with any manufactured vision-reducing material applied to any portion of the vehicle’s windshield, side wings or windows located immediately to the left and right of the driver, except that this Section shall not prohibit factory installed tinted glass, the equivalent replacement thereof or tinting material applied to the upper portion of the motor vehicle’s windshield that is normally tinted by the manufacturer of motor vehicle safety glass;

m.           Every person under twenty-six years of age who is operating or riding as a passenger on any motorcycle or motor-tricycle, as defined in Section 300.010, upon any highway of this state shall wear protective headgear at all times the vehicle is in motion; except that, any person twenty-six years of age or older operating any motorcycle or motor-tricycle who has been issued an instruction permit shall wear protective headgear at all times the vehicle is in motion. The protective headgear as defined in Section 300.010 shall meet reasonable standards and specifications. n.   Any qualified motorcycle operator who is twenty-six years of age or older may operate a motorcycle or motor-tricycle upon any highway of this state without wearing protective headgear if he or she in addition to maintaining proof of financial responsibility in accordance with chapter 303 RSMo, is covered by a health insurance policy or  other form of insurance which will provide the person with medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle or motor-tricycle.

o.            Proof of coverage required by Subsection n of this section shall be provided, upon request by authorized law enforcement, by showing a copy of the qualified operator’s insurance card.

p.            No person shall be stopped, inspected, or detained solely to determine compliance with Subsections m, n, and o.

q.            No person shall operate an all-terrain vehicle or low-speed vehicle:

1.            In any careless way so as to endanger the person or property of another;

2.            While under the influence of alcohol or any controlled substance; or

3.            Without a securely fastened safety helmet on the head of an individual who operates an all-terrain or low-speed vehicle or who is being towed or otherwise propelled by an all-terrain or low-speed vehicle, unless the individual is at least eighteen (18) years of age.

 

SECTION 2:    This Ordinance shall be in full force and effect from and after the date of its passage by the Board of Aldermen and approval by the Mayor.

SECTION 3:    The provisions of this Ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this Ordinance.

 

SECTION 4:    Ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.

PASSED BY THE BOARD OF ALDERMEN THIS 9TH DAY OF SEPTEMBER 2020.

First Reading Date: SEPTEMBER 9, 2020

Second Reading Date: SEPTEMBER 9, 2020

Roll Call Vote:   Ayes: Tourtillott, Robb, Kassner, Humble

                             Nays: None

APPROVED THIS 9TH DAY OF SEPTEMBER 2020.

                                                ___________________________________

                                                Jason Rich, Mayor

Attest:                                                               Casey Crews, City Clerk