HomeMy WebLinkAboutORD 04-019 ORDINANCE NO. 04-019
ENTITLED AN ORDINANCE AMENDING CHAPTER 26, OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
BY ADDING A NEW SECTION 26-11 REGULATING THE
OPERATION OF MOTOR-ASSISTED SCOOTERS ON THE
STREETS AND RIGHTS-OF-WAY OF THE CITY OF
BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL; AND PROVIDING A PENALTY.
WHEREAS, the Texas legislature has authorized municipalities to either prohibit or
regulate the operation of motor-assisted scooters and; and,
WHEREAS,the City Council of the City of Beaumont("City")has determined that the
regulation of the use and operation of motor-assisted scooters on the streets, highways,
alleys, paths and trails is necessary in the interest of safety; and,
WHEREAS, Texas law provisions which are applicable to bicycle riders apply to the
use and operation of motor-assisted scooters; and,
WHEREAS, the City Council has investigated and determined that it would be
advantageous, beneficial and in the best interest to the health, safety and welfare of the
citizens of the City of Beaumont to prevent potential traffic hazards and safety hazards
resulting from the use of motor-assisted scooters.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 26 of the Code of Ordinances of the City of Beaumont be and the same is
hereby amended to add a new 26-11(a) through (d) inclusive to read as follows:
Sec. 26-11(a). Definitions.
1. Child means any individual less than thirteen (13) years of age.
2. Motor-Assisted Scooter shall have the same meaning assigned by the
Texas Transportation Code Section 551.30-1(2) as it exists or may be
amended, and includes a self-propelled device with at least (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.
3. Parent means the natural or adoptive parent, court-appointed guardian
or conservator of the child.
4. Public Way means real property owned, leased, or controlled by a
political subdivision of the State of Texas, a governmental entity or
agency, or similar entity, and dedicated to public use and is also a path,
trail, sidewalk, alley, street or highway.
5. Helmet means properly fitted protected headgear that is not structurally
damaged and that conforms to the standards of the American National
Standards Institute, the American Society of Testing and Materials, or
any applicable at the time of manufacture of the helmet.
6. Wearing a helmet means that the person has a helmet fastened
securely to his/her head with the straps on the helmet securely tightened
in the manner intended by the manufacturer to provide maximum
protection.
7. After dark means a time thirty (30) minutes or more before sunrise or
thirty (30) minutes or more after sunset.
Sec. 26-11(b). Restrictions and Prohibitions on Locations and Use.
1. It is unlawful to operate or ride a motor-assisted scooter on any street,
access road or highway any part of which has a speed limit greater than
thirty (30) miles per hour.
2. It is unlawful for a parent to allow or permit a child to operate or ride a
motor-assisted scooter on any path, trail, street, alley or public way
within the City.
3. It is presumed that a parent allowed a child to operate or ride a motor-
assisted scooter in a prohibited area.
4. A person may not operate a motor-assisted scooter after dark within the
City.
5. It is unlawful to operate a motor-assisted scooter with a passenger on
the scooter.
Sec. 26-11(c). Helmet Required
1. It is unlawful for any person sixteen (16) years of age or under to
operate or ride a motor-assisted scooter unless such person is wearing
a helmet.
2. It is unlawful for a parent to allow or permit a person who must wear a
helmet to operate or ride a motor-assisted scooter unless the person is
wearing a helmet.
3. It is presumed that a parent allowed such a person to operate or ride a
motor-assisted scooter without wearing a helmet.
Sec. 26-11(d). Exemption
The regulations and limitations placed on the motor-assisted scooter and
neighborhood electrical devices in this ordinance do not apply to those operators of certain
mobility devices as outlined in the Texas Transportation Code 542.009"Operators of certain
mobility devices."
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance,
and to such end the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
That any person who violated any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2004.
ayor Evelyn M. Lord -
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