HomeMy WebLinkAbout1078 Bicyclists, Pedestrians & Wheelchairs � ,,..� ���... .
BILL NO. 2011-026 ORDINANCE NO. �� 7g'
AN ORDINANCE RELATING TO THE PROTECTION OF BICYCLISTS, PEDESTRIANS AND
WHEELCHAIR OPERATORS.
WHEREAS, The City Code of the City of Riverside, Missouri currently does not
specifically provide for the protection of bicyciists, pedestrians and wheelchair operators; and
WHEREAS, the Board of Aldermen find it is in the best interests of the City to amend the
City Code to enact additional laws providing for the protection of bicyclists, pedestrians and
wheelchair operators as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1— AMENDMENT TO THE CITY CODE. The City Code shall be amended
by adding the following section to be numbered by the codifier of the City Code:
SECTION — ASSAULT OF A BICYCLIST, PEDESTRIAN OR
WHEELCHAIR OPERATOR PROHIBITED:
A person commits the offense of assault of a bicyclist, pedestrian or wheelchair I
operator if the person:
1. Knowingly throws an object at or in the direction of any person riding a
bicycle, walking, running or operating a wheelchair for the purpose of
frightening, disturbing or injuring that person; or
2. Threatens any person riding a bicycle, walking, running or operating a
wheelchair for the purpose of frightening or disturbing that person; or
3. Sounds a horn, shouts or otherwise directs sound toward any person riding a
bicycle, walking, running or operating a wheelchair for the purpose of
frightening or disturbing that person; or
4. Knowingly places a person riding a bicycle, walking, running or operating a I
wheelchair in apprehension of immediate physical injury; or
5. Knowingly engages in conduct that creates a risk of death or serious physical �
injury to a person riding a bicycle, walking, running or operating a wheelchair.
SECTION 2— PENALTY FOR VIOLATION. The offense of assault of a bicyclist,
pedestrian or wheelchair operator shall be punishable by imposition of a fine not to
exceed five hundred dollars ($500.00), or by imprisonment for a term not to exceed
ninety (90) days, or by both such fine and imprisonment. I
SECTION 3— REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed.
SECTION 4— SEVERABILITY CLAUSE. 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.
I
SECTION 5— EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after the date of its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, passed and
approved by a majority of th�,Soard of Alde en and proved by the Mayor of the City of
Riverside, Missouri, this � day of , 2011.
�
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Ka leen L. Rose, Mayor
ATI`EST:
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Robin Ltttrell, City Clerk
APPROVED AS TO FORM:
N c Th mpson, City Attorney
CITY OF
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Upstream �rom ordinary.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: August I I, 201 I
AGENDA DATE: August 16, 201 I
TO: Mayor and Board of Aldermen
FROM: Nancy Thompson, City Attorney
RE: City Code Amendment — Assault of Bicyclists, Pedestrians or Wheelchair
Operators
BACKGROUND: This ordinance would amend the City Code to make it a specific violation to
interfere with a bicyclist, pedestrian or wheelchair operator. As discussed with
the Board at the last meeting, the activity giving rise to the particular actions
enumerated is currently a violation of the existing City Code. However, this
measure identifies several violations explicitly targeted at non-vehicular modes of
transportation which serve to identify Riverside as a pedestrian friendly
community. Those items are:
I . Throwing an object
2. Making a verbal threat
3. Directing a loud horn or noises at a person
4. Placing a person in apprehension of immediate physical injury
5. Engaging in conduct that creates a risk of death or serious physical
injury
The Bill presented to the Board of Aldermen for consideration provides the
maximum penalty available under state law for violation of a municipal ordinance
(up to $500 fine and/or 90 days in jail).
Do not hesitate to contact me if you have any questions or would like any
additional information in advance of the meeting.