[HISTORY: Adopted by the City Council of
the City of Marlborough 8-30-2004 by Ord. No. 04-100455B. Amendments noted
where applicable.]
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:
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.
Motorized bicycles and motorized scooters shall
comply with all applicable federal vehicle safety standards.