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Motor Scooter Ordinance

CITY OF WATAUGA, TEXAS

ORDINANCE NO. 1185

 

AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS PLACING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS BY LIMITING OR PROHIBITING THE OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN STREETS, HIGHWAYS, PATHS AND ALLEYS; PROVIDING FOR A PENALTY FOR ADULTS, PARENTS AND CHILDREN FOR THE USE OF A MOTOR ASSISTED SCOOTER IN A RESTRICTED OR PROHIBITED AREA; REQUIRING THAT CHILDREN WEAR A PROTECTIVE HELMET WHILE OPERATING OR RIDING A MOTOR ASSISTED SCOOTER; PROVIDING FOR A PENALTY FOR PARENTS AND CHILDREN FOR FAILURE OF CHILD TO WEAR A HELMET; PROVIDING A REPEALING SEVERABILITY AND SAVINGS CLAUSES PROVIDING FOR A PENALTY FOR THE VIOLATION, OF THE ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.

 

WHEREAS, the City Council of the City of Watauga (“city Council”) has determined that restriction of the use and operation of motor assisted scooters on the streets, highways, alleys, paths and trails within the City of Watauga is necessary in the interest of safety; and

 

WHEREAS, 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

 

WHEREAS, the City Council has determined that it will be advantageous, beneficial and in the best interest of the citizens of Watauga 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.

 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Watauga, Texas as follows:

 

I.

SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.

 

SECTION 2: Definitions.

Adult means and individual seventeen (17) years of age or older.

               

Child means any individual under seventeen (17) years of age and who does not otherwise suffer from a medically determined disability where such disability interferes with the normal use of the individual’s legs.

 

Medically determined means determined by a medical doctor.

 

Helmet means properly fitted protective 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; a 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 sit while operating the device; and the ability to be propelled by human power alone.

 

Parent means the natural or adoptive parent or court-appointed guardian or conservator of a child.

 

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.

 

Wearing 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.

 

SECTION 3: Restrictions and Prohibitions for Motor Assisted Scooters/Penalty for Violation.

  1. 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 exclusive operation of bicycles.

    2. It is unlawful for a parent to allow or permit a 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 exclusive operation of bicycles.

    3. It is presumed that a parent allowed a child to operate or ride a motor assisted scooter in a restricted or prohibited area.

    4. 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 than thirty-five (35) miles per hour.

    5. This section shall not apply to a parent when the child in question suffers from a medically determined disability and such disability interferes with the normal use of the child's legs.

  2. Penalty

    1. A person who violates any provision of Section 3.A., above, upon conviction shall be fined an amount not exceeding five hundred dollars ($500.00)

    2. The purpose of this Section 3 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.

SECTION 4: Helmets Required/Penalty for Failure to Wear Helmet

  1. 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 unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter unless the child is wearing a helmet.

    3. It is presumed that a parent allowed a child to operate or ride a motor assisted scooter without wearing a helmet.

    4. 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.

  2. Penalty

    1. A person who violates any provision of Section 4.A., above, requiring helmets, upon conviction shall be fined an amount not exceeding fifty dollars ($50.00) upon 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 and/or parent for a first offense under Section 4.A.upon receiving proof that:

      1. The defendant acquired a helmet for the child who was operating or riding the motor assisted scooter in violation of Section 4.A.; and

      2. The defendant acquired the helmet on or before the tenth day after receiving the citation of violation.

    3. If the charge against a person is dismissed under subsection B.2., a later conviction for a violation of Section 4.A. shall be considered a second or subsequent conviction for purposes of subsection B.1.

    4. The purpose of this Section 4 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.

SECTION 5: 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.

                               

SECTION 6: Severability. Should any section, subsection, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid by a court for competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect.

 

SECTION 7: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance if deemed guilty, 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 provision imposed under this Ordinance shall not preclude the City of Watauga from filing suit to enjoin the violation.  The City of Watauga retains all legal rights and remedies available to it pursuant to local, state and federal law.

 

SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law and the City Charter.