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<br />ORDINANCE NO. 2005-2802-A <br /> <br />AN ORDINANCE AMENDING CHAPTER 70 OF THE CODE OF ORDINANCES <br />BY AMENDING ARTICLE I, SECTION 70-1 "DEFINITIONS"; ARTICLE III, <br />SECTION 70-75 "RESTRICTIONS AND PROHIBITIONS ON LOCATION AND <br />USE OF MOTOR-ASSISTED SCOOTERS", AND SECTION 70-76 <br />"PENALTIES"; RELATING TO THE USE AND OPERATION OF MOTOR <br />ASSISTED SCOOTERS BY REGULATING THE OPERATION OF MOTOR <br />ASSISTED SCOOTERS ON CERTAIN PATHS, TRAILS, SIDEWALKS, <br />ALLEYS, STREETS AND HIGHWAYS; PROHIBITING THEIR USE DURING <br />NIGHTTIME HOURS; REQUIRING THE OPERATOR OF A MOTOR <br />ASSISTED SCOOTER BE 16 YEARS OF AGE OR OLDER; REQUIRING THAT <br />INDIVIDUALS UNDER 21 YEARS OF AGE WEAR A PROTECTIVE HELMET <br />WHILE OPERATING A MOTOR ASSISTED SCOOTER; PROVIDING THAT <br />ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE <br />DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL <br />BE FINED IN ANY SUM NOT MORE THAN FIVE HUNDRED DOLLARS <br />($500.00); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; <br />CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH <br />THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE <br />HEREOF. <br /> <br />WHEREAS: The Texas Legislature enacted laws regulating the use of motor assisted <br />scooters; and <br /> <br />WHEREAS: municipalities are authorized to prohibit the operation of motor assisted <br />scooters on any street or highway within the municipality; <br /> <br />WHEREAS: the City Council of the City of La Porte (City) has determined that <br />restriction of the use and operation of motor assisted scooter on the streets, highways, <br />sidewalks, alleys, paths and the trails within the City of La Porte is necessary in the <br />interest of safety; and <br /> <br />WHEREAS: State law safety provisions applicable to bicycle riders apply to the use and <br />operation of a motor assisted scooter; and <br /> <br />WHEREAS: the City Council has investigated and determined that it will be <br />advantageous, beneficial and in the best interest of the citizens of La Porte to prevent <br />potential traffic hazards and safety hazards resulting from unauthorized use of streets, <br />highways, alleys and certain pathways and resulting form children failing to wear <br />helmets. <br />