[HISTORY: Adopted by the City Council of the City of Marlborough 8-30-2004 by Ord. No. 04-100455B. Amendments noted where applicable.]
GENERAL REFERENCES
Noncriminal disposition — See Ch. 315, Art. I.
Parks and recreation areas — See Ch. 456.
Vehicles and traffic — See Ch. 586.
The City Council finds and declares the following:
A. 
That because of the severely congested streets, roadways and alleys of the City these regulations regarding motorized scooters would serve the public interest and safety.
B. 
That motorized scooters adversely affect traffic flow and the response time of emergency vehicles in the City.
C. 
That motorized scooters lead to motor vehicle accidents for the operators and other motor vehicles and pedestrians in the City.
As used in this chapter, the following terms shall have the meanings indicated:
MOTORIZED SCOOTER
A tandem-wheeled device that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or internal-combustion motor that is capable of propelling the device with or without human propulsion.
A. 
A motorized bicycle or motorized scooter shall not be operated upon any way by a person under 16 years of age nor at a speed in excess of 20 miles per hour. A motorized bicycle or scooter shall not be operated on a way by a person not possessing a valid driver's license or learner's permit. A person operating a motorized bicycle or motorized scooter upon a way shall have the right to use all public ways in the City of Marlborough except limited access or express state highways where signs specifically prohibiting bicycles or scooters have been posted and shall be subject to all traffic laws and regulations of the commonwealth and/or the City of Marlborough and the regulations contained in this section, except that: 1) a motorized bicycle or scooter operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way; and 2) the motorized bicycle or scooter shall signal by either hand his intention to stop or turn. A motorized bicycle or scooter may be operated on bicycle lanes adjacent to the various ways but shall be excluded from off-street recreational bicycle paths.
B. 
A person operating a motorized bicycle, riding as a passenger on a motorized bicycle or operating a motorized scooter shall wear properly fitted and fastened protective helmet or other headgear that meets the standards set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation or which is otherwise approved by the Massachusetts Department of Public Safety.
C. 
No person shall operate a motorized bicycle or motorized scooter during the hours of darkness (before sunrise or after sunset).
A person convicted of a violation of this chapter shall be punished by a noncriminal fine, as provided for within the Code of the City of Marlborough, of not more than $25 for the first offense, not less than $25 nor more than $50 for the second offense and not less than $50 nor more than $100 for subsequent offenses committed.