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.
Any individual 16 years of age or older.
Child.
Any individual under 16 years of age.
Designated areas.
An area within the city to be determined by the city council for future use.
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.
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. The rules of operation governing bicycles found in V.T.C.A., Transportation Code ch. 551, as amended, apply to motor-assisted scooters.
Neighborhood electric vehicle.
Shall have the same meaning assigned by V.T.C.A., Transportation Code sec. 551.301, as it exists or may be amended, subject to Federal Motor Vehicle Safety Standard 500. This vehicle must have three to four wheels in contact with the ground during operating conditions, an electric motor 40 cubic centimeters or less, and a deck designed to allow one to four people to sit while the device is in operation. This electric device generally resembles a golf cart with a top speed between 20 miles per hour and 25 miles per hour. However, unlike the motor-assisted scooter, a neighborhood electric vehicle must be registered and have a license plate. The operator must have a driver’s license and the vehicle or operator must be covered with the required liability insurance or acceptable substitute. In addition, these vehicles meet V.T.C.A., Transportation Code sec. 547.001, as it exists or may be amended, definition of a “slow moving vehicle,” and must carry a low speed vehicle emblem. The rules of operation governing bicycles found in V.T.C.A., Transportation Code ch. 551, as amended, apply to neighborhood electric vehicles.
Parent.
The natural or adoptive parent or court-appointed guardian or conservator of a child.
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, a path, trail, 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.
(2006 Code, sec. 78-261; Ordinance 04-05-611, sec. 2 (130.35), adopted 5/17/04)
(a) 
Restrictions and prohibitions.
(1) 
It is unlawful for any child to operate or ride a motor-assisted scooter on any path, trail, alley, highway or public park within the city, except in designated areas.
(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, alley, highway or public park within the city, except in designated areas.
(3) 
It is presumed that a parent allowed a child to operate or ride a motor-assisted scooter in a restricted or prohibited area.
(4) 
It is unlawful for anyone to ride in or operate a neighborhood electric vehicle on any path, trail, sidewalk, alley, street, highway or public park within the city.
(5) 
It is unlawful to operate or ride on a motor-assisted scooter on streets which have a posted speed limit higher than 25 miles per hour.
(6) 
It is unlawful to operate or ride on a motor-assisted scooter other than the hours between sunrise and sunset.
(7) 
It is unlawful for a child under eight years of age to operate or ride on a motor-assisted scooter or a neighborhood electric vehicle on a public street, path, trail, alley, highway, or public park within the city, except in designated areas.
(b) 
Penalty.
(1) 
A person who violates any provision of subsection (a) of this section 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 purpose of this section is to promote safety and discourage the use of motor-assisted scooters or neighborhood electric vehicles in unsafe areas. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as amended, whenever the circumstances warrant deferred dispositions.
(2006 Code, sec. 78-262; Ordinance 04-05-611, sec. 2 (130.36), adopted 5/17/04)
(a) 
Helmet required.
(1) 
It is unlawful for any child to operate or ride a motor-assisted scooter unless the child is wearing a helmet.
(2) 
It is unlawful for a parent to allow or permit a child to operate or ride a motor-assisted scooter unless the child is wearing a helmet.
(3) 
It is presumed that a parent allowed a child 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) of this section, 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 and/or parent for a first offense under subsection (a) of this section, upon receiving proof that:
(A) 
The defendant acquired a helmet for the child who was operating or riding the motor-assisted scooter in violation of subsection (a) of this section; and
(B) 
The defendant acquired the helmet on or before the tenth day after receiving the citation of the violation.
(3) 
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 amended, whenever the circumstances warrant deferred dispositions.
(2006 Code, sec. 78-263; Ordinance 04-05-611, sec. 2 (130.37), adopted 5/17/04)