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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