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Home My WebLink AboutO-2005-2802 e . ORDINANCE NO. ilJos -JcrO:L AN ORDINANCE AMENDING CHAPTER 70 OF THE CODE OF ORDINANCES BY AMENDING SECTION 70-1 AND ADDING SECTIONS 70-75 AND 70-76 AND RELATING TO THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS BY REGULATING THE OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN PATHS, TRAILS, ALLEYS, STREETS AND HIGHWAYS; PROHIBITING THEIR USE DURING NIGHTTIME HOURS; REQUIRING THAT INDIVIDUALS UNDER 21 YEARS OF AGE WEAR A PROTECTIVE HELMET WHILE OPERATING A MOTOR ASSISTED SCOOTER; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A. MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS: The Texas Legislature enacted laws regulating the use of motor assisted scooters; and WHEREAS: municipalities are authorized to prohibit the operation of motor assisted scooters on any street or highway within the municipality; WHEREAS: the City Council of the City of La Porte (City) has determined that restriction of the use and operation of motor assisted scooter on the streets, highways, alleys, paths and the trails within the City of La Porte is necessary in the interest of safety; and WHEREAS: State law safety provisions applicable to bicycle riders apply to the use and operation of a motor assisted scooter; and WHEREAS: the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of La Porte to prevent potential traffic hazards and safety hazards resulting from unauthorized use of streets, highways, alleys and certain pathways and resulting form children failing to wear helmets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: e e SECTION 1. The findings set forth are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That Chapter 70, Article 1 "In General", Section 70-1 "Definitions" is hereby amended by adding the following definitions, to be included in proper alphabetical sequence: Sec. 70-1. Definitions. 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 self-propelled device with at least two (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operation 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. . Public Way or Public Roadway means oreal property owned, leased or controlled by a political subdivision of the State of Texa~,. ~ 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. Child means any person under eight yen (18) years of age. Parent means the natural or adoptive parent or court-appointed guardian or conservator of a child. Daytime hours means the time period beginning one-half hour before sunrise and ending one-half hour after sunset. . . 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. Wearing a helmet means that the person has a helmet fastened securely to hislher head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. . e SECTION 3. That Chapter 70, Article ~1I "Operation of Vehicles", is amended by adding Section 70-75, "Restrictions and Prohibitions on Location and Use of Motor- Assisted Scooters", et seq. Sec. 70-75. Restrictions and Prohibitions',on, Location and Use of Motor-Assisted Scooters (a) It is unlawful for any adult or child 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 (30) 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 limit of more than thirty (30) miles per hour. (b) A Motor Assisted Scooter shall only be operated on any public streets or highways during daytime hours. (c) It is unlawful for any person under the age of 12 to operate 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, or on a sidewalk. (d) It is unlawful for any person under th~ age of 21 to operate a Motor Assisted Scooter without wearing a helmet, except on paths and trails set aside for the exclusive operation of bicycles, or on a sidewalk. (e) It is unlawful for any person tp operate or ride a motor assisted scooter on a street, road, or highway that has an improved surface that is greater than twenty-eight (28) feet in width. (f) It is unlawful for any person to transport any passenger on any motor assisted scooter. (g) It is unlawful for a parent to allow or permit a person under the age of 12 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 or on a sidewalk. (h) It is unlawful for a parent to allow a child to operate or ride a motor assisted scooter in violation of this section. e e Sec. 70-76. Penalties for violation of section (a) A person who violates any provision of this section shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding five hundred dollars ($500.00). (b) A person who violates Section 70.75 (d) 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. a. The Municipal Court shall dismiss a charge against a person and/or parent for a first offense under Section 70.75 (d), upon receiving proof that: 1. The defendant, or the parent or legal guardian for the defendant, acquired a helmet for the person who was operating or riding the motor assisted scooter in violation of Section 70.75 (d); and 11. The defendant, or the parent or legal guardian for the defendant, acquired the helmet on or before the tenth day after receiving the citation of the violation. b. If the charge against a person is dismissed under Section 70.76 (b) a., a later conviction for a violatiqn. of Section 70.75 (d) shall be considered a second or subsequent conviction for purposes of subsection Section 70.76 (b). SECTION 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. : I . .fl.'. SECTION 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the e . time required by law preceding this meeting,.,as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this' ordinance and the subject matter thereof has been discussed, considered and formally actc;:d upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 6. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00). SECTION 7. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shaU give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage oftl;1e Ordinance. PASSED AND APPROVED TIIISTllE irrr/.;oA Y oI\::I:ntJu "(1 . 2005. CITY OF LA PORTE By: Qy:~;c~/V~ Alton E. Porter, Mayor ATTEST: By:L(/l~;/ THA GILLE , City Secretary APPROVED: By: ~T ~ CLARK T. ASKJNS, Assistant City Attorney . e Requested By: ITY COUNCIL AGENDA ITEM Aoorooriation Agenda Date Requested: 12/13/04 Source of Funds: Department: Pvlict DepadJ-tpt Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: proposed Amendement and Additions to Chapter 70 of the Code of Ordinances Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits: SlJMMARY & RECOMMENDATION The Texas Transportation Code under Section 551.302 (a) allows municipalities to prohibit the operation of Neighborhood Electric Vehicles or Motor Assisted Scooters. The Police Department has smveyed a number of cities to determine how they approached the governing of Motor Assisted Scooters in their respective jurisdictions. On December 13, 2004 Council conducted a workshop reviewing and discussing back up materials relating to other cities Ordinances on Motor Assisted Scooters during workshop session. Due to safety concerns regarding Motor Assisted Vehicles, a suggested ordinance was presented. Council made several recommendations to be incorporated in the Ordinance. The original proposed ordinance has been modified to include those recommendations. Action Reauired bv Council: Request Council approve the Amendment and Additions to Chapter 70, Traffic and Vehicles, of the Code of Ordinances to regulate the use and operation of Motor Assisted Scooters. Aooroved for City Council A2enda ~~~~dJ I-cf-(J 5 Date