The URL can be used to link to this page

Home My WebLink AboutO-2005-2802-A \,...-- 8 - Requested By: REQUEST FOR CITY COUNCIL AGENDA ITEM 1 I /~ /(f:v.~ . i.. Appropriation Agenda Date Requested: 11/14/05 Richard Reff Source of Funds: Department: Police Department Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Amount Requested: Exhibits: Proposed Amendement of Ordinance 2005-2802A Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION On October 24, 2005, a workshop on Motor Assisted Scooters and Pocket Bikes was presented to City CounciL Council recommended changes to Ordinance 2005-2802 in regard to age of operator, use of helmet and use of motor assisted scooters on sidewalks. The original proposed ordinance has been modified to include these recommendations. Action ReQuired bv Council: Approve changes presented in Ordinance 2005-2802 A Approved for Citv Council Ag:enda ,~I9AJ//1~a~ Debra Feazelle )I-'j-CJS Date ORDINANCE NO. 2005-2802-A AN ORDINANCE AMENDING CHAPTER 70 OF THE CODE OF ORDINANCES BY AMENDING ARTICLE I, SECTION 70-1 "DEFINITIONS"; ARTICLE III, SECTION 70-75 "RESTRICTIONS AND PROHIBITIONS ON LOCATION AND USE OF MOTOR-ASSISTED SCOOTERS", AND SECTION 70-76 "PENALTIES"; RELATING TO THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS BY REGULATING THE OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN PATHS, TRAILS, SIDEWALKS, ALLEYS, STREETS AND HIGHWAYS; PROHIBITING THEIR USE DURING NIGHTTIME HOURS; REQUIRING THE OPERATOR OF A MOTOR ASSISTED SCOOTER BE 16 YEARS OF AGE OR OLDER; 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, sidewalks, 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: SECTION 1. The fmdings 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, and shall hereafter read as follows, to-wit: "Sec. 70-1. Defmitions. Motor Assisted Scooter shall have the same meaning assigned by Texas Transportation Code Chapter 551, 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. Pocket Bike or Minimotorbike 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 Chapter 501 of the Texas Transportation Code. The term does not include the following vehicles or devices, as defmed by the Texas Transportation Code: . A moped or motorcycle, . A electric bicycle or motor-driven cycle, . A motorized mobility device . An electric personal assistive mobility device, . A neighborhood electric vehicle SECTION 3. That Chapter 70, Article III "Operation of Vehicles", Section 70-75 is amended by replacing Section 70-75, "Restrictions and Prohibitions on Location and Use of Motor-Assisted Scooters", and shall hereafter read as follows, to-wit: "Sec. 70-75. Restrictions and Prohibitions on Location and Use of Motor-Assisted Scooters a) It is unlawful for any person 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 limit of more than thirty-five (35) miles per hour. b) It is unlawful for any person to operate a Motor Assisted Scooter on any sidewalk within the City, except on paths and trails designated for the exclusive operation of bicycles. c) A Motor Assisted Scooter shall only be operated on any public streets or highways during daytime hours. d) It is unlawful for any person under the age of 16 to operate a Motor Assisted Scooter on any path, trail, sidewalks, alley, street or highway within the City, except on paths and trails designated for the exclusive operation of bicycles. e) It is unlawful for any person under the age of 21 to operate a Motor Assisted Scooter without wearing a helmet. f) It is unlawful for any person to 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. g) It is unlawful for any person to transport any passenger on any motor assisted scooter. h) It is unlawful for a parent to allow or permit a person under the age of 16 to operate or ride a motor assisted scooter on any path, trail, sidewalk, alley, street or highway within the City, except on paths and trails designated for the exclusive operation of bicycles. i) A Pocket Bike or Minimotorcycle, as defined in this Chapter, shall not be construed as a Motor Assisted Scooter and may not be operated within the City on any sidewalk, highway, road, street, or path set aside for exclusive use of bicycles." SECTION 4. That Chapter 70, Article III "Operation of Vehicles", Section 70-76 is amended by replacing Section 70-76, "Penalties for violating section", and shall hereafter read as follows, to-wit: "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 fmed an amount not exceeding five hundred dollars ($500.00). (b) A person who violates Section 70.75 (e) 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 (e), upon receiving proof that: 1. The defendant acquired a helmet for the person who was operating or riding the motor assisted scooter in violation of Section 70.75 (e); and 11. 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 violation of Section 70.75 (e) shall be considered a second or subsequent conviction for purposes of subsection Section 70.76 (b). " SECTION 5. 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. SECTION 6. 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 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 acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 7. 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 fme not to exceed Five Hundred Dollars ($2,000.00). SECTION 8. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall 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 of the Ordinance. PASSED AND APPROVED THIS THE \L(t DAY OF NDuPvn!3 (II ,2005. CITY OF LA PORTE By: ~ i.Pnk- Alton E. Porter, Mayor ATTEST: By: APPRO~VE~D: ___ By:. ~/~ . ASKINS, Assistant City Attorney