BILL NO.    0305                                                       ORDINANCE NO.    05-04

AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE III: TRAFFIC CODE, CHAPTER 300: GENERAL PROVISIONS, SECTION 300.020: DEFINITIONS BY DELETING VEHICLE AND ADDING A NEW DEFINITION FOR MOTORIZED PLAY VEHICLE, MOTORIZED SCOOTER, MOTORIZED SKATEBOARD AND VEHICLE

            BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

WHEREAS the sale of motorized play vehicles, including, but not limited to miniature motorcycles, motorized scooters and go-carts, has increased dramatically in recent months; and

WHEREAS motorized play vehicles such as miniature motorcycles, also known as "pocket bikes," and go-carts are traditionally designed for use on closed courses and come in many styles and have a variety of load capacities, speed ratings and other operational characteristics; and

WHEREAS current state laws defining the various classifications of motor vehicles which may legally use public highways utilize many of these same operational characteristics so that different models of motorized play vehicles may fall into different classification; and

WHEREAS motorized play vehicles do not meet many of the prerequisite safety standards and other requirements established under state law for registration of motor vehicles used on public highways; and

WHEREAS the use of motorized play vehicles within the City constitutes a safety hazard and nuisance; and

WHEREAS the proliferation of motorized play vehicles such as miniature motorcycles, motorized scooters, and go-carts has exposed apparent gaps in the statutes of the State of Missouri regarding types of vehicles which may legally use public roadways.

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

            SECTION 1:  The Municipal Code, City of Clarkson Valley, Missouri, is hereby amended in Title III: Traffic Code, Chapter 300: General Provisions, Section 300.020: Definitions, by deleting Vehicle and adding a new definition for Motorized Play Vehicle, Motorized Scooter, Motorized Skateboard, and Vehicle.

      SECTION 2:  New definitions shall be adopted which will read as follows:

SECTION 300.020 DEFINITIONS

MOTORIZED PLAY VEHICLE:  Includes mini-motorcycles, pocket bikes, and any other vehicle that is capable of transporting a person; that is self propelled by a motor or engine and that is not otherwise defined by Missouri Statutes or the Clarkson Valley Code as a motor vehicle, motorcycle, bicycle, or motorized bicycle.

MOTORIZED SCOOTER:  See definition of Motorized Bicycle.

MOTORIZED SKATEBOARD:  A single platform mounted on wheels which has no mechanism or other device with which to steer or to control the movement or direction or velocity of the platform, and is powered by an internal combustion engine or electric motor that is capable of propelling the device, with or without human propulsion. 

VEHICLE:  Any mechanical device on wheels designed primarily for use or used on highways, except motorized bicycles, motorized play vehicles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, cotton trailers or motorized wheelchairs operated by handicapped persons. 

SECTION 3:  All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed and held for naught.

            SECTION 4:  Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any Court, or any right acquired or liability incurred, or any cause or causes of action acquired or existing under any act or Ordinance hereby amended.

            SECTION 5:  Except as amended herein, Title III of the Municipal Code, City of Clarkson Valley, Missouri, shall be and will remain in full force and effect.

            SECTION 6:  This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 

            PRESENTED, APPROVED AND PASSED BY A MAJORITY OF THE BOARD OF ALDERMEN this 7th day of June 2005.