ORD 2004-1712/05/05
TOWN OF TROPHY CLUB
ORDINANCE NO. 2004-17
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
ESTABLISHING RESTRICTIONS ON THE USE AND OPERATION OF
MOTOR ASSISTED SCOOTERS; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING DEFINITIONS;
PROVIDING RESTRICTIONS AND PROHIBITIONS FOR THE USE OF
MOTOR ASSISTED SCOOTERS; PROVIDING FOR A PENALTY NOT
TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SEVERABILTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") has
determined that restriction of the use and operation of motor assisted scooters on the streets,
pathways, and trails within the Town of Trophy Club is necessary in the interest of safety; and
WHEREAS, Town 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 Town Council has determined that it will be advantageous, beneficial
and in the best interest of the citizens of Trophy Club to prevent potential traffic hazards and
safety hazards resulting from unauthorized use of streets, pathways and trails resulting from
children failing to wear helmets to enact certain restrictions on the operation of motor assisted
scooters within the Town; and
WHEREAS, the Town of Trophy Club is concerned about traffic and pedestrian safety,
as well as the safety of all its citizens; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
TOWN OF TROPHY CLUB TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
DEFINITIONS
When used in this Ordinance, the following words and phrases shall have the respective
meanings ascribed to them:
"Child" means any individual under eighteen (18) years of age.
"Daytime hours" means the time period beginning one-half hour before sunrise and
ending one-half hour after sunset.
"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 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 self-propelled
device with at least two (2) wheels in contact with the ground during operation; a bralcing
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, Ieased 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 his/her head
with the straps of the helmet securely tightened in the manner intended by the
manufacturer to provide maximum protection.
SECTION 3.
RESTRICTIONS AND PROHIBITION
FOR MOTOR ASSISTED SCOOTERS
A. Locations of Use
1. A motor assisted scooter shall only be operated on public streets and highways
during daytime hours as defined herein.
2. A motor assisted scooter shall only be operated on paths and trails located within
a public park or paths and trails designated as part of a public pathway system.
3 It shall be unlawful for any person to operate or ride a motor assisted scooter on any
path, trail, alley, street or highway within the Town, except in accordance with the
provisions of this Ordinance.
4 It shall be 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 Town, in
violation of any provision of this Ordinance.
5 It shall be unlawful for a parent to knowingly allow a child to operate or ride a motor
assisted scooter in a restricted or prohibited area.
B. Helmets Required.
1. The following criteria shall apply to operators of motor assisted scooters:
(a) It shall be unlawful for any child to operate or ride a motor assisted
scooter unless the child is wearing a helmet.
(b) It shall be unlawful for a parent to knowingly allow or permit a child to
operate or ride a motor assisted scooter unless the child is wearing a
helmet.
(c) 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.
SECTION 4.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Five Hundred. Dollars ($500.00), and
a separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
SECTION 5.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for diose instances where there are direct conflicts
with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to
the extent that they are inconsistent with this Ordinance. Provided however, that any complaint,
action, claim or lawsuit which has been initiated or has arisen under or pursuant to such
Ordinance on the date of adoption of this Ordinance shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and
effect.
SECTION 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 7.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as to any
and all violations of the provisions of any Ordinances regarding restrictions and prohibitions for
motor assisted scooters and/or helmets that have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such Ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 8.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 9.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 10.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of passage, in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Co�1 Ithe Town off phy Club, Texas
this 215L day of June, 2004.
own of Trophy Club, Texas
Effective Date: June 26, 2004
[SEAL]
ATTEST:
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Town of Trophy lub, Texas
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APPROVED AS TO FORM:
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Town Attorney
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