Ordinance 2004-07
ORDINANCE NO. 2004-07
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PLACING
RESTRICTIONS ON THE USE AND OPERATION OF MOTOR
ASSISTED SCOOTERS BY LIMITING OR PROHIBITING THE
OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN
STREETS, illGHWAYS, PATHS AND ALLEYS; PROVIDING FOR A
PENALTY FOR ADULTS, PARENTS AND CHILDREN FOR THE USE
OF A MOTOR ASSISTED. SCOOTER IN A RESTRICTED OR
PROHIBITED AREA; REQUIRING THAT CHILDREN WEAR A
PROTECTIVE HELMET WHILE OPERATING OR RIDING A MOTOR
ASSISTED SCOOTER; PROVIDING FOR A PENALTY FOR PARENTS
AND CHILDREN FOR FAILURE OF CHILD TO WEAR A HELMET;
PROVIDING A REPEALING, SEVERABILITY AND SAVINGS
CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
TillS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
'VHEREAS, the City Council of the City of Wylie ("City Council") has determined that
restriction of the use and operation of motor assisted scooters on the streets, highways, alleys,
paths and trails within the City of Wylie ("Wylie" or "City") is necessary in the interest of safety;
and
WHEREAS, City Council has determined that requiring children to wear helmets while
operating or riding a motor assisted scooter is necessary in the interest of safety; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to prevent potential traffic
hazards and safety hazards resulting from unauthorized use of streets, highways, alleys and certain
pathways and resulting from children failing to wear helmets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Definitions.
Adult means any individual eighteen (18) years of age or older.
Child means any individual under eighteen (18) years of age.
Helmet means properly fitted protective headgear that is not structurally damaged and
that conforms to the standards of the American National Standards Institute, the American
Ordinance #2004-07
MOTOR ASSISTED SCOOTER ORDINANCE
Page 1
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 551.301(2), 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 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.
Parent means the natural or adoptive parent or court-appointed guardian or conservator
of a child.
Public way or Public property means real property owned, leased or controlled by a
political subdivision of the State of Texas, 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 hislher head
with the straps of the helmet securely tightened in the manner intended by the
manufacturer to provide maximum protection.
SECTION 3: Restrictions and Prohibitions for Motor Assisted Scooters/Penalty for
Violation.
A. Restrictions and Prohibitions on Locations of Use.
(1) It is unlawful for any child to operate or ride a motor assisted scooter on
any path, trail, alley, street or highway within the City, except on paths and
trails set aside for the exclusive operation of bicycles or on a sidewalk.
(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, street or highway within the
City, except on paths and trails set aside for the exclusive operation of
bicycles or on a sidewalk.
(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 any adult 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. 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 thirty-five (35) miles per hour or less.
Ordinance #2004-07
MOTOR ASSISTED SCOOTER ORDINANCE
Page 2
R Penalty.
( 1) A person who violates any provision of Section 3. A., above, shall be guilty
of a Class C misdemeanor and upon conviction shall be fined an amount
not exceeding five hundred dollars ($500.00).
(2) The purpose of this Section 3 is to promote safety and discourage the use
of motor assisted scooters in unsafe areas. The courts may consider
deferred dispositions under the Texas Code of Criminal Procedure, as it
exists or may be amended, whenever the circumstances warrant deferred
dispositions.
SECTION 4: Helmets RequiredlPenalty for Failure to Wear Helmet.
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.
R Penalty.
(1) A person who violates any provision of Section 4.A., above, requmng
helmets, shall be guilty of a Class C misdemeanor and upon conviction
shall be fined an amount not exceeding fifty dollars ($50.00) upon the first
conviction and an amount not exceeding one hundred dollars ($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 Section 4.A. upon receiving proof that:
i. The defendant acquired a helmet for the child who was operating or
riding the motor assisted scooter in violation of Section 4.A.; and
11. The defendant acquired the helmet on or before the tenth day after
receiving the citation of the violation.
(3) If the charge against a person is dismissed under subsection R(2), a later
conviction for a violation of Section 4.A. shall be considered a second or
subsequent conviction for purposes of subsection R(I).
(4) The purpose of this Section 4 is to promote safety and encourage the use
of helmets. The courts may consider deferred dispositions under the Texas
Ordinance #2004-07
MOTOR ASSISTED SCOOTER ORDINANCE
Page 3
Code of Criminal Procedure, as it exists or may be amended, whenever the
circumstances warrant deferred dispositions.
SECTION 5: SavingslRepealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinance shall remain in full force and effect
SECTION 6: Severability. Should any section, subsection, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall
remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,
and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined as set forth herein. Each unlawful act or continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance
shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 8: Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED BY THE
WYLIE, TEXAS on this 23rd day of March, 2004.
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ATTESTED TO AND
CORRECTL Y RECORDED BY:
DATE OF PUBliCATION: March 31.2004. in the Wylie News.
Ordinance #2O(M-07
MOTOR ASSISTED SCOOTER ORDINANCE
Page 4
THE WYLIE NEWS
I.:overmg Wylie, Sachse, Murphy and the surroundmg area
110 N. Ballard
P.O. Box 369
Wylie, Texas 75098
(972) 442-5515
Fax (972) 442-4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of
The Wylie News, a newspaper regularly published in Collin County, Texas and having general
circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the
foregoing attached
Ord. No. 2004-07, 2004-08, 2004-09, 2004-10, 2004-11
City of Wylie
was published in said newspaper on the following date(s), to-wit: March 31, 2004.
f!1l!1t~
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the
1#~
day of ~
, 2004
to certify which witness my hand and seal of office.
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/'~~~~ AOAL.MOONEY
I i~/ '\'c.\ Notary Public
I, 1. H Stat. of Texas
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"'-:;,,:;"1-' '
otary Public in and for
The State of Texas
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My commission expires 01/02/07
Wednesday, March 31, 2004 - THE WYLIE NEWS - Section B - Page 11
tisin~
Friday. Ballots may also be
delivered in person at the
annual meeting. All ballots
not being delivered in
person to the annual
meeting, must be received
by 12 noon, Monday,
April 19, 2004 at 109 N.
Warren. 45-2t-463
1 Southeast corner of said FOR FAILURE OF ORDINANCE NO.
called 30.60 acre tract; CHILD TO WEAR A 2004-10
HELMET; PROVIDING A AN ORDINANCE OF
THENCE, NORTH REPEALING, SEVER- THE CITY OF WYLIE,
24024'24" EAST, (called ABILITY AND SAVINGS TEXAS, AMENDING
North 25022'56" East and CLAUSES; PROVIDING THE COMPREHENSIVE
North 24058'44" East), FOR A PENALTY FOR ZONING ORDINANCE
departing said common THE VIOLATION OF OF THE CITY OF
line, and along the com- THIS ORDINANCE; WYLIE, AS HERETO-
mon Westerly line of said PROVIDING AN EFFEC- FORE AMENDED, SO AS
r remainder of a called TIVE DATE; AND PRO- TO CHANGE THE ZON-. CITY OF LAVON,
149.629 acre tract and VIDING FOR THE PUB- ING ON THE HERE- TEXAS
most Westerly East line of LlCATION OF THE CAP- INAFTER DESCRIBED The City Council of the
said called 30.60 acre tract, TION HEREOF. PROPERTY, ZONING City of Lavon will hold a
passing at a distance of CASE NUMBER 2004-02, public hearing on
) 257.46 feet (called 251.15 ORDINANCE NO. TO SINGLE FAMILY Thursday, April 15, 2004 at
. r_ _< _ TT '" ^~" rr..~< r..f 2flfl4-DR RESIDENTIAL (SF- 7:00 p.m. in the Council
er 45-It-339 ~IGNS AND MARK- Corporation announces the on outSIde or me envelope.
re GS; REGULATING Annual Membership Any bids received after the
I); ORDINANCE NO. V HICULAR AND Meeting and Election on time and date stated above,
2004-07 PEDESTRIAN TRAFFIC; April 20, 2004 at 7p.m., at regardless of the mode of
~d AN ORDINANCE OF PROVIDING FOR A 108 N. Warren (the busi- delivery, will not be con-
id THE CITY OF WYLIE, PENALTY FOR THE ness office location). sidered. The City of Sachse
~d TEXAS, PLACING VIOLATION OF THIS Proxy election ballots may reserves the right to reject
i, RESTRICTIONS ON THE ORDINANCE; PROVID- be returned by mail: any and all bids, in whole
l, USE AND OPERATION ING FOR REPEALING, P.O. Box 442, Nevada, or in part, to waive any
:s OF MOTOR ASSISTED SAVINGS AND SEVER- Texas 75173 or ballots may informality in any bid, and
~t SCOOTERS BY LlMIT- ABILITY CLAUSES; be returned in person to to accept any bid, which, in
lING OR PROHIBITING AND PROVIDING FOR 108 N. Warren, between its discretion, is in the best
If THE OPERATION OF AN EFFECTIVE DATE the hours of 8 a.m. to 4 interest of the City of
MOTOR ASSISTED OF THIS ORDINANCE. p.m. Monday through Sachse. 45-2t-1370
SCOOTERS ON CER-
I{ TAIN STREETS, HIGH-
d WAYS, PATHS AND
I, ALLEYS; PROVIDI~G
n FOR A PENALTY FOR
1- ADULTS, PARENTS
d AND CHILDREN FOR
d THE USE OF A MOTOR
it ASSISTED SCOOTER IN
e A RESTRICTED OR
PROHIBITED AREA; Name
o REQUIRING THAT
If CHILDREN WEAR A Address
1- PROTECTIVE HELMET
n WHILE OPERATING OR City
1- RIDING A MOTOR
e ASSISTED SCOOTER;
If PROVIDING FOR A Zip
t, PENALTY FOR PAR-
Y ENTS AND CHILDREN Phone Number
Subscribe to
THE WYLIE NEWS
Covering Wylie, Sachse, Murphy and the surrounding area
St.
ll,l
Today's Date
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