After dark.
A time thirty (30) minutes or more before sunrise or thirty
(30) minutes or more after sunset.
Child.
Any individual less than thirteen (13) years of age.
Helmet.
Properly fitted protective 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.
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
a 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 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.
Parent.
The natural or adoptive parent, court-appointed guardian
or conservator of the child.
Public way.
Real property owned, leased, or controlled by a political
subdivision of the state, a governmental entity or agency, or similar
entity, and dedicated to public use and is also a path, trail, sidewalk,
alley, street or highway.
Wearing a helmet.
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.
(Ordinance 04-019, sec. 1, adopted 3/23/04; 1978 Code, sec. 26-11(a); Ordinance 07-069, sec. 6, adopted 6/19/07)
(a) 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.
(b) 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.
(c) It is presumed that a parent allowed a child to operate or ride a
motor-assisted scooter in a prohibited area.
(d) A person may not operate a motor-assisted scooter after dark within
the city.
(e) It is unlawful to operate a motor-assisted scooter with a passenger
on the scooter.
(Ordinance 04-019, sec. 1, adopted 3/23/04; 1978 Code, sec. 26-11(b))
(a) 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.
(b) 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.
(c) It is presumed that a parent allowed such a person to operate or
ride a motor-assisted scooter without wearing a helmet.
(Ordinance 04-019, sec. 1, adopted 3/23/04; 1978 Code, sec. 26-11(c))
The regulations and limitations placed on motor-assisted scooters
and neighborhood electrical devices in this article do not apply to
those operators of certain mobility devices as outlined in Texas Transportation
Code section 542.009 (Operators of certain mobility devices).
(Ordinance 04-019, sec. 1, adopted 3/23/04; 1978 Code, sec. 26-11(d))