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Home My WebLink AboutOrdinances (O-03-1436)-01/06/2003 ORDINANCE 0-03-1436 N ORDINANCE PLACING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS BY PROHIBITING THE OPERATION OF MOTOR SSISTED SCOOTERS ON STREETS HIGHWAYS, PATHS AND ALLEYS WHEREAS, the City Council of the City of Colleyville ("City Council") has determined that restrictions of the use and operation of motor assisted scooters on the streets, highways, alleys, paths and trails within the City of Colleyville is necessary in the interest of safety; and HEREAS, the City Council has determined that requiring children to wear helmets while operating or riding a motor assisted scooter is necessary in the interest of safety; and HEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Colleyville to prevent potential traffic hazards and safety hazards resulting from unauthorized use of streets, highways, alleys and certain pathways and resulting from children failing to wear helmets. OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OLLEYVILLE, TEXAS: Definitions Adult means any individual eighteen (18) years of age or older. Child means any individual under eighteen (18) years of age. Helmet means properly fitted headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. Motor assisted scooter shall have the same meaning assigned by Texas Transportation Code Section 551.301 (2), as it exists or may be amended, and includes a self-propelled device with at least two wheels in contact with the ground during operation; braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or I ! I II I J Ii II I I , I II I' II Ilsec I I 2. Ordinance 0-03-1436 Page 2 or 4 sit while operating the device; and the ability to be propelled by human power alone. Public way or Public property means real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility. WearinQ a helmet means that the person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. Restrictions and Prohibitions for Motor Assisted Scooters/Penalty for Violations. a. Restrictions and Prohibitions on Locations of Use (1) It is unlawful for any child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the operation of bicycles or on a sidewalk. (2) It is unlawful for any adult to operate or ride a motor assisted scooter on any public way or public property for which the posted speed limit is more than thirty-five (35) miles per hour. The motor assisted scooter may cross a road or a street at an intersection where the road or street to be crossed has a posted speed of more that thirty-five (35) miles per hour. (3) It is unlawful for any person to operate or ride a motor assisted scooter at night. b. Penalty (1) A person who violates any provision of Section 2. a., above shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding five hundred dollars ($500). (2) The purpose of Section 2. is to promote safety and discourage the use of motor assisted scooters in unsafe areas. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. I I 3. Ilsec. il a. I' II I I I I I , I b. II I Sec. 4. Ordinance 0-03-1436 Page 3 of 4 Helmets Required/Penalty for Failure to Wear Helmet Helmet Required (1) It is unlawful for any child to operate or ride a motor assisted scooter unless the child is wearing a helmet. (2) It is a defense to prosecution that the motor assisted scooter was not being operated upon public property or a public way at the time of the alleged offense. Penalty (1) A person who violates any provision of Section 3.a., above, requiring helmets shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding fifty dollars ($50.00) upon the first conviction and an amount not exceeding one hundred dollars ($100.00) upon the second and each subsequent conviction. (2) The municipal court shall dismiss a charge against a child for a first offense under Section 3.a., upon receiving proof that: i. The defendant acquired a helmet on or before the tenth day after receiving the citation of the violation. (3) If the charge against a person is dismissed under subsection b. (2), a later conviction for a violation of Section 3.a. shall be considered a second or subsequent conviction for purposes of subsection b.(1). (4) The purpose of Section 3. is to promote safety and encourage the use of helmets. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. Savings/Repealing Clause - All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. II II II Ilsee. 5. II I' II .1 Ii I I i II II Ilsec. 6. II I I I I I I I Sec. 7. Ordinance 0-03-1436 Page 4 of 4 Severability - Should any section, subsection, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Colleyville hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Penalty Provision - Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined as set forth herein. Each unlawful act or continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Colleyville from filing suit to enjoin the violation. Colleyville retains all legal rights and remedies available to it pursuant to local, state and federal law. Effective Date - This Ordinance shall become effective after its adoption and publication as required by law and the City Charter. AND IT IS ORDERED: /~~ day of The first reading and public hearing being conducted on the December 2003. ~~ day of The second reading and public hearing being conducted on the January 2004. A~C21p~ Cynthia Singleton, TRMC City Secretary