The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult
means any individual 18 years of age or older.
Child
means any individual under 18 years of age, but does not include a licensed minor, as defined below.
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.
Licensed minor
means any individual who is 16 or 17 years of age and has in his possession a valid license issued to him by the state, or the state of the licensed minor's residence, for the operation of a motorcycle or motor vehicle on public streets and highways.
Motor assisted scooter
shall have the same meaning assigned by V.T.C.A., Transportation Code sec. 551.351, as it exists or may be amended, and includes a self-propelled device 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 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.
Parent
means the natural or adoptive parent or court-appointed guardian or conservator of a child.
Pocket bike or mini-motorbike
shall have the same meaning assigned by the V.T.C.A., Transportation Code sec. 551.301, as it exists or may be amended, and includes a self-propelled vehicle that is equipped with an electric motorscooter 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 V.T.C.A., Transportation Code ch. 501, as it exists or may be amended; but does not include a moped, motorcycle, electric bicycle, motor-driven cycle, motorized mobility device, electric personal assistive mobility device or a neighborhood electric vehicle as those are defined in the Texas Transportation Code, as it exists or may be amended.
Public way or public property
means real property owned, leased or controlled by a political subdivision of the state, a governmental entity or agency, or similar entity, or any property that is publicly-owned or publicly-maintained or dedicated to public use, including, but not limited to, a path, trail, walkway, sidewalk, alley, street or highway, and a public park facility.
Wearing a helmet
means that the person has a helmet fastened securely to his head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection.
(Ordinance 03-11-96, sec. 2, adopted 11/4/03; Ordinance 05-08-61, sec. 3, adopted 8/3/05)
(a) 
Restrictions and prohibitions on locations of use.
(1) 
It is unlawful for any child to operate or ride a motor assisted scooter on any public way or public property within the city, except on paths and trails set aside for the exclusive operation of bicycles. It is unlawful for any adult or licensed minor to operate or ride a motor assisted scooter on any path, trail, walkway, alley, sidewalk or public park facility within the city, except on paths and trails set aside for the exclusive operation of bicycles.
(2) 
It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter on any public way or public property within the city, except on paths and trails set aside for the exclusive operation of bicycles.
(3) 
It is unlawful for any child, licensed minor or adult to operate or ride a minimotorbike or pocketbike on any public way or public property within the city.
(4) 
It is unlawful for a parent to allow or permit a child or licensed minor to operate or ride a mini-motorbike or pocketbike on any public way or public property within the city.
(5) 
It is presumed that a parent allowed a child or licensed minor to operate or ride a motor assisted scooter, mini-motorbike or pocketbike in a restricted or prohibited area.
(6) 
It is unlawful for any adult or licensed minor to operate or ride a motor assisted scooter on any public way or public property for which the posted speed limit is more than 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 of more than 35 miles per hour.
(7) 
It is a defense to prosecution that the motor assisted scooter, mini-motorbike or pocketbike was not being operated upon public property or a public way at the time of the alleged offense.
(b) 
Penalty.
(1) 
A person who violates any provision of subsection (a), above, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding $500.00.
(2) 
The purpose of this section is to promote safety and discourage the use of motor assisted scooters, mini-motorbikes and pocketbikes in unsafe areas. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions.
(Ordinance 03-11-96, sec. 3, adopted 11/4/03; Ordinance 05-08-61, sec. 4, adopted 8/3/05)
(a) 
Helmet required.
(1) 
It is unlawful for any child or licensed minor to operate or ride a motor assisted scooter unless the child or licensed minor is wearing a helmet.
(2) 
It is unlawful for a parent to allow or permit a child or licensed minor to operate or ride a motor assisted scooter unless the child or licensed minor is wearing a helmet.
(3) 
It is presumed that a parent allowed a child or licensed minor to operate or ride a motor assisted scooter without wearing a helmet.
(4) 
It is a defense to prosecution that the motor assisted scooter was not being operated upon public property or a public way at the time of the alleged offense.
(b) 
Penalty.
(1) 
A person who violates any provision of subsection (a), above, requiring helmets, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding $50.00 upon the first conviction and an amount not exceeding $100.00 upon the second and each subsequent conviction.
(2) 
The municipal court shall dismiss a charge against a child, licensed minor and/or parent for a first offense under subsection (a) upon receiving proof that:
a. 
The defendant acquired a helmet for the child or licensed minor who was operating or riding the motor assisted scooter in violation of subsection (a); and
b. 
The defendant acquired the helmet on or before the tenth day after receiving the citation of the violation.
(3) 
If the charge against a person is dismissed under subsection (b)(2), a later conviction for a violation of subsection (a) shall be considered a second or subsequent conviction for purposes of subsection (b)(1).
(4) 
The purpose of this section is to promote safety and encourage the use of helmets. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions.
(Ordinance 03-11-96, sec. 4, adopted 11/4/03; Ordinance 05-08-61, sec. 5, adopted 8/3/05)