HomeMy WebLinkAboutORD 2006-103 - Motor-Assisted ScootersAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING SECTION 10.04.040 OF THE
CODE OF ORDINANCES "RIDING OF BICYCLES, VELOCIPEDES,
AND SIMILAR NON -MOTOR ASSISTED VEHICLES" TO CHANGE
THE TITLE OF THAT SECTION; ADD DEFINITIONS; AND DELETE
MOPEDS; ADDING NEW SECTION 10.04.045 "REGULATION OF
OPERATION AND USE OF MOTOR ASSISTED SCOOTERS,
MOPEDS, AND SIMILAR MOTOR ASSISTED VEHICLES" TO
ESTABLISH RESTRICTIONS ON THE UNAUTHORIZED USE AND
OPERATION OF SUCH VEHICLES; PROVIDING DEFINITIONS;
ESTABLISHING PARENTAL LIABILITY FOR CHILD'S UNLAWFUL
USE AND OPERATION OF CERTAIN MOTOR ASSISTED
VEHICLES; REPEALING CONFLICTING PROVISIONS;
PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Georgetown Police Department is concerned about traffic and
pedestrian safety, as well as the safety of all its citizens; and
WHEREAS, the Police Department has recommended clarifying that bicycles and
similar non- motorized vehicles can be operated on sidewalks, hike and bike trails, etc as
long as they are operated in a manner that is not reckless or negligent or in a manner
causing danger to pedestrians or other users of those locations; and
WHEREAS, the Police Department has recommended requiring children to wear a
helmet while operating or riding certain motor assisted vehicles interest of safety; and
WHEREAS, the Parks Department has recommended regulating and restricting certain
motor assisted vehicles from being operated on streets, sidewalks, hike and bike" trails,
in City parks, and on paths designated for the exclusive operation of bicycles; and
WHEREAS, the City of Georgetown City Council has determined that the restriction of
the use and operation of certain motor assisted vehicles on sidewalks, hike and bike
trails, etc. within the City of Georgetown is necessary in the interest of public safety; and
WHEREAS, the City Council has determined that it will be advantageous, beneficial and
in the best interest of the citizens of Georgetown to prevent potential traffic hazards and
safety hazards resulting from use of certain motorized vehicles on sidewalks, hike and
bike trails, and streets resulting from children failing to wear helmets to enact certain
restrictions on the operation of certain motor assisted vehicles within the City of
Georgetown.
Ordinance No. dM (0 ° 10
AMENDING CHAPTER 10.04 TO
AMEND SECTION 10.04.040 AND ADD SECTION 10.04.045
Page 1 of 8
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, that:
SECTION 1 The facts and recitations contained in the preamble of this Ordinance are
hereby declared to be true and correct, and are incorporated be reference herein and
made a part hereof, as if copied verbatim. The City Council hereby finds that this
Ordinance implements the following Century Plan Policy Statements — Goals and
Strategies:
1.0 The community enjoys the benefits of well- planned land use in which
conflicting needs are balanced.
10.0 Georgetown's citizens and businesses enjoy an attractive community with
a unique sense of place and a positive, identifiable image, at a cost which is
consistent with other city social and economic policies.
Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, the
City Council hereby finds that the enactment of this Ordinance is not inconsistent with
or in conflict with any other Century Plan Policy Statements.
SECTION 2 Section 10.04.040 "Riding of bicycles, velocipedes, mopeds and similar
vehicles." Chapter 10.04 (pertaining to "TRAFFIC REGULATIONS GENERALLY ") of
the Georgetown Code of Ordinances is hereby amended to read as follows:
CHAPTER 10.04 RIDING OF UNICYCLES, BICYCLES, VELOCIPEDES AND
SIMILAR NON -MOTOR ASSISTED VEHICLES.
Section 10.04.040 Riding of unicycles, bicycles, velocipedes and similar non -
motor assisted vehicles.
(A) Definitions. When used in this Section, the following words and phrases shall
have the respective meanings ascribed to them:
(1) "Bicycle" means a device that a person may ride and that is propelled by
human power and has two tandem wheels at least one of which is more
than 14 inches in diameter.
(2) "Non -motor assisted vehicle" means a device that a person may ride and
that is propelled by human power and has more than two but less than
five tandem wheels at least two of which are more than 14 inches in
diameter.
(3) "Unicycle" means a vehicle with that a person may ride that has one
wheel and a seat that is moved by pushing pedals with the feet.
Ordinance No. A006`103
AMENDING CHAPTER 10.04 TO
AMEND SECTION 10.04.040 AND ADD SECTION 10.04.045 Page 2 of 8
(4) "Velocipede" means a tricycle or any vehicle with three wheels and a seat
that is moved by pushing pedals with the feet and steered by handlebars
at the front wheel.
(B) It is unlawful for any person to ride on any unicycle, bicycle, velocipede, or other
non -motor assisted vehicle of like nature or description along or on any sidewalk, street,
alley, road, hike and bike trail, or other public place in a reckless or negligent manner so
as to collide with or injure any person or damage any property.
SECTION 3 Section 10.04.045 "Regulation of operation and use of motor assisted
scooters, mopeds and similar motorized vehicles." Chapter 10.04 (pertaining to
"TRAFFIC REGULATIONS GENERALLY ") is hereby added to the Georgetown Code of
Ordinances to read as follows:
Section 10.04.045 Regulation of operation and use of motor assisted scooters,
mopeds and similar motorized vehicles.
(A) Definitions. When used in this Section, the following words and phrases shall
have the respective meanings ascribed to them:
(1) "Child" means any person under sixteen (16) years of age.
(2) "Daytime hours" means the time period beginning at sunrise and ending
at sunset.
(3) "Electric Bicycle" means a bicycle that (A) is designed to be propelled by
an electric motor, exclusively or in combination with the application of
human power; (B) cannot attain a speed of more than 20 miles per hour;
and (C) does not exceed a weight of 100 pounds.
(4) "Golf cart" means a motor vehicle designed by the manufacturer primarily
for transporting persons on a golf course.
(5) "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!
(6) "Moped" means a motor - driven cycle that cannot attain a speed in one
mile of more than 30 miles per hour and the engine of which: (A) cannot
produce more than two -brake horsepower; and (B) if an internal
combustion engine, has a piston displacement of 50 cubic centimeters or
less and connects to a power drive system that does not require the
operator to shift gears.
AMEND SECTION 10.04.040 AND ADD SECTION 10.04.045 Page 3 of 8
(7) "Motor assisted scooter" shall have the same meaning assigned by Chapter
551, Texas Transportation Code, as it exists or may be amended, and
includes self - propelled devices with at least two (2) 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.
(8) "Motorized vehicle" for purposes of this section, shall include self -
propelled devices with two (2) or more 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 more than forty (40)
cubic centimeters; and a seat.
(9) "Neighborhood Electric Vehicles" means a vehicle subject to Federal Motor
Vehicle Safety standard 500 (49 CFR § 571.500).
(10) "Parent" means the natural or adoptive parent or court - appointed
guardian or conservator of a child.
(11) "Personal Assistive Mobility Device" means a two non -tandem wheeled
device designed for transporting one person that is self balancing and
propelled by an electric propulsion system with an average power of 750
watts or one horsepower.
(12) "Pocket bike or mini motorbike" means a self - propelled vehicle that is
equipped with an electric motor or internal combustion engine having a
piston displacement of less than 50 cubic centimeters, is designed to
propel itself with not more than two wheels in contact with the ground,
has a seat or saddle for the use of the operator, is not designed for use on
a highway, and is ineligible for a certificate of title under state law. The
term does not include a moped or motorcycle; an electric bicycle or motor
driven cycle as defined by Section 541.201 of the Texas Transportation
Code; a motorized mobility device as defined by Section 552.009 of the
Texas Transportation Code; an electric personal assistive mobility device
as defined by Section 551.201 of the Texas Transportation Code; or a
neighborhood electric vehicle.
(13) "Public Street" means the paved or improved surface of a public street,
road, or alley.
(14) "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 prescribed by the manufacturer to provide maximum protection.
Ordinance No. 4200 (0 ° 1 003
AMENDING CHAPTER 10.04 TO
AMEND SECTION 10.04.040 AND ADD SECTION 10.04.045 Page 4 of 8
(B) Restrictions and prohibition for motor assisted scooters, mopeds and similar
motorized vehicles.
(1) Locations of use.
a. Hike and bike trails; City parks.
L It shall be unlawful for a person to operate a motor
assisted scooter, moped, , pocket bike or minimotorbike,
neighborhood electric vehicle, golf cart or similar
motorized vehicle on any designated "hike and bike" path
or trail.
ii. It shall be unlawful for a person to operate a motor
assisted scooter, moped, pocket bike or minimotorbike,
neighborhood electric vehicle, golf cart or similar
motorized vehicle "off- road" or "off - trail' in City parks.
iii. City owned vehicles are excepted from this section.
iv. This section does not prohibit the use of a personal
assistive mobility device or electric bicycle on a hike and
bike trail or "off- road" or "off- trail' in City parks.
V, This section does not prohibit the use of golf carts on paths
designated for the use of golf carts.
b. Sidewalks.
i. It shall be unlawful for a person to operate a golf cart,
motor assisted scooter, moped, pocket bike or
minimotorbike, or neighborhood electric vehicle on a
sidewalk.
ii. This section does not prohibit the use of a electric bicycle
or personal assistive mobility device on a sidewalk.
C, Path Designated for the Exclusive Operation of Bicycles
i. It shall be unlawful for a person to operate a golf cart,
neighborhood electric vehicle, pocket bike or minimotor
bike, or moped on a path designated for the exclusive
operation of bicycles.
ii. This section does not prohibit the operation of an electric
bicycle„ motor assisted scooter, or personal assistive
Ordinance No. 0100 ° 10
AMENDING CHAPTER 10.04 TO
AMEND SECTION 10.04.040 AND ADD SECTION 10.04.045
Page 5 of 8
mobility devices on a path designated for the exclusive
operation of bicycles.
d. Public street.
L It shall be unlawful for a person to operate a neighborhood
electric vehicle on a public street for which the posted
speed limit is more than 35 miles per hour. A
neighborhood electric vehicle may cross a public street at
an intersection where the road or street has a posted speed
limit of 35 miles per hour or more.
ii. It shall be unlawful for a person to operate a motor
assisted scooter, pocket bike or minimotorbike on a public
street regardless of the speed limit.
This section does not prohibit the use of a moped or
electric bicycle on a public street regardless of the speed
limit.
iv. This section does not prohibit the use of a personal
assistive mobility device on a public street provided that
such use is in accordance with the provisions of the Texas
Transportation Code pertaining to such operation.
V, This section does not prohibit the use of a golf cart on a
public street if: (1) the operation of the golf cart occurs in
the daytime, as defined by Transportation Code Section
541.401; and (2) the operation (A) does not exceed a
distance of two miles from the point of origin to the
destination if driven to and from a golf course; or (B)
occurs entirely within a master planned community with a
uniform set of restrictive covenants that has had a plat
approved by the City.
e. Additional Rules Applicable to Operation by a Child. It shall be
unlawful for a child to operate a moped, electric bicycle, or
neighborhood electric vehicle on any public street or highway as
follows:
i, after daytime hours; or
ii. at any time where the posted speed limit is more than
thirty miles per hour (30 mph).
Ordinance No. Aoo " 103
AMENDING CHAPTER 10.04 TO
AMEND SECTION 10.04.040 AND ADD SECTION 10.04.045 Page 6 of 8
(2) Liability of parent. It shall be unlawful for a parent to knowingly or
unknowingly allow a child to operate or ride a motor assisted scooter,
moped, electric bicycle, or neighborhood electric vehicle in violation of
Sections 10.04.045(B)(1)(a), (b) or (c).
(3) Helmet required on child.
a. It shall be unlawful for any child to operate or ride a moped,
electric bicycle, or neighborhood electric vehicle on a public street
or highway at any time unless the child is wearing a helmet.
b. It shall be unlawful for a parent to knowingly or unknowingly
allow or permit a child to operate or ride a moped, electric bicycle,
or neighborhood electric vehicle on a public street or highway at
any time unless the child is wearing a helmet.
(C) Penal . It shall be unlawful for any person to violate any provision of this
Section, and any person violating or failing to comply with any provision of this
ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than
Five Hundred dollars ($500.00), and a separate offense shall be deemed committed upon
each day during or on which a violation occurs or continues.
SECTION
4
All
Ordinances and Resolutions, or parts of
Ordinances and
Resolutions
that are in conflict
with this Ordinance are hereby
repealed,
and no longer in
effect.
SECTION 5 If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or applications thereof, of this Ordinance which can be _given effect without the invalid
provision or application and to this end the provisions of this Ordinance are hereby
declared to be severable.
SECTION 6 The Mayor of Georgetown is hereby authorized to sign this Ordinance
and the City Secretary to attest. This Ordinance shall become effective and be in full
force and effecting accordance with the terms of the City Charter.
PASSED AND APPROVED on First Reading on the c day of e
2006.
PASSED AND APPROVED on Second Reading on the c qdAday of
2006.
AMEND SECTION 10.04.040 AND ADD SECTION 10.04.045 Page 7 of 8
A TTTnT
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
CITY
Mayor
GEORGETOWN:
P: \Trish's Documents\ Georgetown\ Ordinances\ Motor Assisted Scooters \Motor Assisted Scooters - FINAL - clean.doc
AMEND SECTION 10.04.040 AND ADD SECTION 10.04.045 Page 8 of 8