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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: OPHY C Town ecretary Z Town of Trophy lub, Texas f .,Up, APPROVED AS TO FORM: -1 Dlr4' A) Town Attorney Town of Trophy Club, Texas ,�