2005D01-MOTOR SCOOTER ORDINANCE NO. g?S' ~ "~ /
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS PLACING
RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED
SCOOTERS AND REQUIRING THAT CHILDREN WEAR A PROTECTIVE
HELMET WHILE OPERATING OR RIDING ON A MOTOR ASSISTED
SCOOTER; PROVIDING PENALTIES FOR PARENTS AND CHILDREN FOR
VIOLATION; PROVIDING REPEALING, SEVERABILITY, AND SAVINGS
CLAUSES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Schertz (the "City Council") has determined
that restriction of the use and operation of motor assisted scooters on the streets and highways
within the City of Schertz ("Schertz" or the "City") is necessary in the interest of safety; and
WHEREAS, the City Council has further determined that requiring children to wear
helmets while operating or riding on a motor assisted scooter is necessary in the interest of
safety; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial, and in the best interest of the citizens of Schertz to prevent potential
traffic hazards and safety hazards resulting from unauthorized use of streets and highways, and
resulting from children failing to wear helmets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
SECTION 1. Recitals Incorporated. The recitals set forth above are hereby found to be
true and are hereby incorporated into this Ordinance.
SECTION 2. Definitions. As used in this Ordinance, the following terms have the
following meanings:
"Child" means any individual under sixteen (16) years of age.
"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 at the time of the manufacture of the helmet.
"Motor assisted scooter" has the meaning assigned by Texas Transportation Code Section
551.301(2), as it currently exists or may be amended, and includes a self-propelled device
(electric or gas operated) with at least two 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 not exceeding forty (40) cubic centimeters; 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. A
motorized wheelchair or scooter permitted by the laws of the State to be used by the disabled is
not a motor assisted scooter as defined in or regulated by this Ordinance.
20119196.2
"Moped" means a motor driven cycle whose speed attainable in one mile is not more than
30 miles per hour and that is equipped with a motor that produces not more than two-brake
horsepower. If an internal combustion engine is used, the piston displacement may not exceed 50
cubic centimeters, and the power driven system may not require the operator to shift gears.
"Parent" means the natural or adoptive parent or court-appointed guardian or conservator
of a child.
"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 intended by the manufacturer to
provide maximum protection.
SECTION 3.
Violation.
Restrictions and Prohibitions for Motor Assisted Scooters/Penalt for
Ao
Restrictions and Prohibitions on Locations of Use.
It is unlawful for any person to operate or ride on a motor assisted scooter
(a) on a sidewalk or (b) on a street or highway within the City having a
posted speed limit of greater than 30 miles per hour. Motor assisted
scooters may be walked across a street or intersection having a posted
speed limit of greater than 30 miles per hour.
(2)
It is unlawful for a parent to allow a child to operate or ride on a motor
assisted scooter (a) on a sidewalk or (b) on or across any street or highway
within the City having a posted speed limit of greater than 30 miles per
hour. If a child is operating or riding on a motor assisted scooter, it is
presumed for purposes of this Ordinance that a parent allowed the child to
do so.
Bo
(3)
(4)
This Ordinance does not permit "go-carts" to be driven within the City.
This Ordinance does not permit a moped to be driven within the City
unless the operator and the moped comply with the State laws that govern
mopeds and their operation.
Penalty.
The violation by a person over the age of ten of any provision of
Section 3A shall be a Class C misdemeanor, and, upon conviction, the
violator shall be fined an amount not exceeding five hundred dollars
($500) per offense. Conviction of a child for a violation of Section 3A(1)
shall not be a prerequisite for a conviction of a parent for violation of
Section 3A(2).
(2)
The purpose of this Section 3 is to promote safety and to discourage the
use of motor assisted scooters in unsafe areas or in an unsafe manner. The
courts may consider deferred dispositions under the Texas Code of
20119196.2 2
Criminal Procedure, as it currently exists or may be amended, whenever
the circumstances warrant deferred dispositions.
SECTION 4_. Helmets Required/Penalty for Failure to Wear Helmet.
A. Helmet Required.
(2)
It is unlawful for any child to operate or ride on a motor assisted scooter
unless the child is wearing a helmet.
It is unlawful for a parent to allow a child to operate or ride on a motor
assisted scooter unless the child is wearing a helmet. If a child is
operating or riding on a motor assisted scooter without a helmet, it is
presumed for purposes of this Ordinance that a parent allowed the child to
do so.
B. Penalty.
(1) The violation by a person over the age of ten of any provision of
Section 4A shall be a Class C misdemeanor and, upon conviction, the
violator shall be fined an amount not exceeding fifty dollars ($50) upon
the first conviction and an amount not exceeding one hundred dollars
($100) upon the second and each subsequent conviction. Conviction of a
child for violation of Section 4A(I) shall not be a prerequisite for
conviction of a parent for violation of Section 4A(2).
(2) The municipal court or municipal court of record shall dismiss a charge
against a child and/or parent for a first offense under Section 4A upon
receiving proof that the child who was operating or riding on the motor
assisted scooter in violation of Section 4A acquired a helmet on or before
the tenth day after receiving the citation of the violation.
(3) If the charge against a person is dismissed pursuant to subsection B(2), a
later conviction for a violation of Section 4A shall be considered a second
or subsequent conviction for purposes of subsection B(I).
(4) The purpose of this Section 4 is to promote safety and to encourage the
use of helmets. The courts may consider deferred dispositions under the
Texas Code of Criminal Procedure, as it currently exists or may be
amended, whenever the circumstances warrant deferred dispositions.
SECTION 5. _Savings/Repealing Clause. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution
for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinance shall remain in full force and effect.
201191962 3
SECTION 6. Severability. Should any section, subsection, sentence, clause, phrase, or
word of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall
remain in full force and effect. The City hereby declares that it would have passed this
Ordinance, and each section, subsection, clause or phase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or
invalid.
SECTION 7_.. Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter.
Passed on first reading on this ~___~day t~.x~,-~ ~ ¥ of~, 2005.
SCHE~DwU~L~Y,~,P,A~¢SED. ANz. D...~APPROVED BY THE CITY ~2OUNCIL FOR THE CITY OF
,~z., ~r.^/x~ on this ¥:'~'ay of January, 2005. / ~
Hal Baldwin, Mayor
ATTEST:
City Secretary
(City Seal)
20119196.2 4
THE STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
~:omr~ c:o,,,- , known to me, who, being by me duly sworn, on
his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in said newspaper . time(s) before the return day named therein, such
publications being on the following dates'
and a newspaper copy of which is hereto attached.
day of
Sworn to and subscribed before me this
, A.D., 2004.
AN ORE)INANCE C
]-HE CITY C
SCHERTZ, TEXA:
PLACING RESTRi(
TIONS ON THE US
AND OPERATIONS C
MOTOR ASSiSTE
SCOOTERS BY LIMr
lNG OR PROHIBITIN
'},'-HE OPERATION C
MOROR ASSITE
SCOOTERS ON CEI:
TAiN STREETS, HiGt
WAYS., PATHS AN
ALLEYS; PROVIDIN
FOR A PENALTY FO
ADULTS. PARENT
AND CHILDREN FO
-THE USE OF A M(
'FOR ASSISTE
SCOOTER IN A RI
STRiCTED OR PR(
HIB ITED AREA; RE
QUIRING THAT CHII
DREN WEAR A PR(
TECTIVE HELME
WHILE OPERATING
RIDING A MOTOR AE
SISTED SCOOTE~
PROVIDING FOR
PENALTY FOR
RENTS AND CHil
DREN FOR FAILUR
OF CHILD TO WEAR
HELMET; PROVIDIN
.A Dr" ....
Notary Public, Guadalupe County,
Approved on first rea~
lng the 7th day of
Decer:'~"- ~
Deput7
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
Tommy Crow, known to me, who, being by me duly sworn, on his oath deposes
and says that he is the Publisher o~. The Seguin Gazette"Enterprise, a
newspaper published in said county: that a copy of the within and foregoing AN CORDtt'qANCE OF
THE CITY OF
.
SCHER'TZ. 'TEXAS
/ PLACING RESTRtC-
notice was published in said newspaper ? time(s) before the return day~-~ONS ON r~: US~
named therein, such publications being on the following dates'
.
,/
AND OPERATIONS OF
MOTOR ASSISTED
SCOOTERS BY LIMIT-
,i",lG OR PROHIBITING
7HE OPERATION OF
MQTQfq
And a newspaper copy of which is hereto attached.
Sworn to and subscribed before me this
day of
, A.D., 2005
Notary Public, Guadalupe County, Texas
? ~".) F:,: A S S i ST
:":: '"~' ': C"!" ii{:! ?:; ', ."'~
{Y'!-~!C'i-!ZD <-DR PF~.Q
DR~EN WEAR A
TECT!VE HEL_ME7
WHILE OPE RATING
()R RIDING A MOTOR
ASSISTED SCOOTER'
PROVIDING FOR A
P E N ALT Y F O R PA
RENTS AND CHIL-
DREN FOR FAILURE
OF CHILD TO WEAR A.
HELMET'. PROVIDING
A REPEAL. lNG, SEV-
ERABILiTY AND SAY-
iNG CLAUSES' PRO-
~,r~,,~,NG AN EFFEC-
TIVE DATE.
PASSE[
AND AD
day of
Deputy S~
Mary Yba~