Adult.
Any individual eighteen (18) years of age or older.
Child.
Any individual under eighteen (18) 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 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 Texas Transportation
Code section 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, and a gas or electric motor forty (40) cubic
centimeters or less.
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, or a public park facility.
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.
(Ordinance 2004-03, sec. 2, adopted 1/27/04)
Any person violating any provision of this article shall be found guilty of a class C misdemeanor and anyone convicted of said violation shall be fined in any sum as provided in section
1.01.009.
(Ordinance 2004-03, sec. 7, adopted 1/27/04)
(a) It is unlawful for anyone to operate or ride a motor-assisted scooter
on any public way or public property for which the posted speed limit
is more than thirty-five (35) miles per hour.
(b) 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 thirty-five (35) miles per hour.
(c) A person operating a motor-assisted scooter on a roadway shall ride
as near as practicable to the right edge of the roadway.
(d) A person may not operate a motor-assisted scooter to carry more persons
than the scooter is designed or equipped to carry.
(e) A person operating a motor-assisted scooter may not attach either
the person or the motor-assisted scooter to a vehicle on the roadway.
(Ordinance 2004-03, sec. 3, adopted 1/27/04)
(a) It is unlawful for any child to operate or ride a motor-assisted
scooter within the city unless the child is wearing a helmet.
(b) It is unlawful for a parent to allow or permit a child to operate
or ride a motor-assisted scooter within the city unless the child
is wearing a helmet.
(c) It is presumed that a parent allowed a child to operate or ride a
motor-assisted scooter without wearing a helmet.
(d) 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.
(Ordinance 2004-03, sec. 4, adopted 1/27/04)