The following words, terms and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning:
Custodian.
The natural or adoptive parents or court-appointed guardian
or conservator of a child.
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 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.
Motorized scooter (motor-assisted cycle).
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
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. This does not include a neighborhood
electric vehicle, which is defined as a vehicle subject to Federal
Motor Vehicle Safety Standards 500 (49 C.F.R. section 571.500) (Tex.
Trans. Code section 551.301). This definition shall include all motordriven
cycles with a gas or electric motor of more than forty (40) cubic
centimeters but less than fifty (50) cubic centimeters.
Public way or public property.
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 maintained or dedicated
to public use, including, but not limited to, an alley, street or
highway. This term does not include a sidewalk.
Wearing a helmet.
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.
(1999 Code, sec. 7.1101)
A person who violates any provisions of this article shall be guilty of a class C misdemeanor, and upon conviction shall be fined in accordance with the general penalty provision found in section
1.01.009 of this code.
(1999 Code, sec. 7.1105)
The following restrictions apply to persons using motor-assisted
scooters and their custodians:
(1) It shall be unlawful for any person to operate or ride a motorized
scooter on any sidewalk located in the city.
(2) It shall be unlawful for any person to ride or operate a motorized
scooter on a street, road, or highway that has an improved surface
that is greater than twenty-four feet (24’) in width.
(1999 Code, sec. 7.1102)
In addition to the restrictions in section
12.06.003, it is unlawful:
(1) For a custodian to allow or permit a child under the age of 10 to
operate or ride a motorized scooter on any alley, public way, sidewalk,
or public property within the city, except a public street twenty-four
(24) feet or less in width. A custodian may allow a child under the
age of 10 to ride a motor-assisted scooter on paths and trails set
aside for the exclusive operation of bicycles.
(2) For any person who is 10 years of age but under 18 years of age to
operate or ride a motorized scooter on any alley, public way, sidewalk
or public property within the city, except a public street twenty-four
(24) feet or less in width. A person may ride a motor-assisted scooter
on paths and trails set aside for the exclusive operation of bicycles.
This restriction is not applicable to persons under the age of 18
who had been issued, at the time of the operation of the motorized
scooter, a license issued by the state pursuant to Texas Transportation
Code section 521.222 (instruction permit), 521.223 (hardship license),
552.224 (restricted class M license), 521.225 (moped license), or
521.181 (issuance of driver's license), or persons under the age of
18 who had been issued, at the time of the operation of the motorized
scooter, a license issued by another state or the federal government
that is the equivalent of a license issued by the state pursuant to
the sections of the Texas Transportation Code cited herein.
(1999 Code, sec. 7.1103)