§ 19-294. Motor assisted scooters, neighborhood electric vehicles, pocket bikes, and mini motorbikes.

(a)

In this section, the following definitions apply:

Motor assisted scooter means:

(1)

A self-propelled device with:

a.

At least two (2) wheels in contact with the ground during operation;

b.

A braking system capable of stopping the device under typical operating conditions;

c.

A gas or electric motor not exceeding forty (40) cubic centimeters;

d.

A deck designed to allow a person to stand or sit while operating the device; and

e.

The ability to be propelled by human power alone; and

(2)

Does not include a pocket bike or mini motorbike.

Neighborhood electric vehicle means a vehicle subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500). The operation of neighborhood electric vehicles on a street or highways with a posted speed limit of thirty-five (35) miles per hour or less is authorized, provided that all other requirements in V.T.C.A., Transportation Code ch. 551, subch. D, shall apply.

Pocket bike or mini motorbike means a self-propelled vehicle that is equipped with an electric motor or internal combustion engine having a piston displacement of less than fifty (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. The term does not include:

(1)

A moped or motorcycle;

(2)

An electric bicycle or motor-driven cycle, as defined by Section 541.201 of the Texas Transportation Code;

(3)

A motorized mobility device, as defined by Section 542.009 of the Texas Transportation Code;

(4)

An electric personal assistive mobility device, as defined by Section 551.201 of the Texas Transportation Code; or

(5)

A neighborhood electric vehicle.

Protective headgear means headgear which meets the minimum safety standards for protective headgear used by motorcyclists in this state as adopted by the state department of transportation.

(b)

A person commits an offense if the person:

(1)

Operates a motor assisted scooter, a pocket bike or mini motorbike on a street, highway or sidewalk; or operates a neighborhood electric vehicle on a street or highway with a posted speed limit greater than thirty-five (35) miles per hour;

(2)

Operates a pocket bike or mini motorbike anywhere in a park;

(3)

Operates a motor assisted scooter in a park, unless on a designated park trail where the operation of such scooters is specifically authorized by sign;

(4)

Operates, if under twenty-one (21) years of age, a motor assisted scooter, a pocket bike or mini motorbike unless wearing protective headgear;

(5)

Knowingly fails as a parent of a child or a guardian of a ward, to directly supervise the operation by a child or a ward under fifteen (15) years of age of a motor assisted scooter, pocket bike or mini motorbike; and

(6)

Operates a motor assisted scooter which has been mechanically altered from the original manufacturer's design;

(c)

A culpable mental state is not required, and need not be proved, for an offense under subsections (b)(1), (2), (3), (4) or (6).

Any person who engages in any activity specified in subsections (b)(1), (2), (3), (5), and (6), commits a class C misdemeanor and is subject to a fine not to exceed five hundred dollars ($500.00).

Any person who fails to wear protective headgear in violation of subsection (b)(4), commits a class C misdemeanor and is subject to a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).

(Ord. No. 2006-02-09-0172, §§ 1—3, 2-9-06; Ord. No. 2013-05-09-0321, § 1, 5-9-13)