ORD 2005-28TOWN OF TROPHY CLUB
ORDINANCE NO. 2005-28
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NUMBER 2004-17 ESTABLISHING
RESTRICTIONS ON THE USE AND OPERATION OF MOTOR
ASSISTED SCOOTERS AND ADOPTING A NEW ORDINANCE
ESTABLISHING RESTRICTIONS ON THE USE AND OPERATION OF
MOTOR ASSISTED SCOOTERS, MINI MOTORBIICIS, AND POCKET
BIKES; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING DEFINITIONS; PROVIDING RESTRICTIONS AND
PROHIBITIONS; 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 of Trophy Club is a Home Rule Municipality acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and
WHEREAS, in June 2004, the Town Council of the Town of Trophy Club, Texas (the
"Town") adopted Ordinance No. 2004-17 adopting adoption restrictions and regulations on the
use and operation of motor assisted scooters on the streets, pathways, and trails within the Town
of Trophy Club; and
WHEREAS, the Town has determined that it is necessary to regulate the operation of
Pocket Bikes and Mini Motorbikes in addition to Motor Assisted Scooters and to adopt
additional regulations governing the use and operation of Pocket Bikes and Mini Motorbikes, in
order to prevent potential traffic hazards and injuries to children; and
WHEREAS, the Town has determined that the adoption of regulations governing pocket
bikes and mini motorbikes will be advantageous, beneficial and in the best interests of the
citizens of Trophy Club; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN 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 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.
"Pocket bike" or "Mini motorbike" shall have the same meaning assigned by the Texas
Transportation Code Section 5.51.301, as it exists or may be amended, and includes a
self-propelled vehicle that is equipped with an electric motor scooter or internal
combustion engine having a piston displacement of less than 50 cubic centimeters, is
designed to propel itself with not more than two (2) wheels in contact with the ground,
has a seat or saddle for the use of the operator, is not designed for use on a highway, and
is ineligible for a certificate of title under Chapter 501 of the Texas Transportation Code,
as it exists or may be amended; but does not include a moped, motorcycle, electric
bicycle, motor -driven cycle, motorized mobility device, electric personal assistive
mobility device or a neighborhood electric vehicle as those are defined in the Texas
Transportation Code, as it exists or may be amended
"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
part: facility.
"Town" means the Town of Trophy Club, Texas.
"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 PROHIBITIONS
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 or guardian to allow or permit a child or ward
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.
6. It shall be unlawful for any child, licensed minor or adult to operate or ride a
minimotorbike or a pocketbike on any public way or public property within
the Town.
7. It shall be unlawful for a parent to allow or permit a Child or licensed minor to
operate or ride a minimotorbike or a pocketbike on any public way or public
property within the Town.
8. There is a presumption that a parent allowed a Child or licensed minor to
operate or ride a motor assisted scooter, a minimotorbike or a pocketbike 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, a minimotorbike or a pocketbike unless the child is wearing a
helmet.
(b) It shall be unlawful for a parent to knowingly allow or permit a child to
operate a minimotorbike, a pocketbike 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,
minimotorbike, or pocketbike 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 those instances where there are direct conflicts
with the provisions of this Ordinance; provided however, that Ordinance No. 2004-17 is hereby
repealed. 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 Ordinance No. 2004-17 on the date of adoption
of this Ordinance shall continue to be governed by the provisions of such 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 Council of the Town of Trophy Club, Texas
this 5"' day of December, 2005.
Mayor
Town of Trophy Club, Texas
Effective Date: December 10, 2005
[SEAL]
ATTEST:
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Town Secretary n
Town of Trophy Club, Texasaj
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APPROVED AS TO FORM:
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Town Attorney
Town of Trophy Club, Texas