OR 2003-1067 Electric Scooter OrdinanceAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2003-1067
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CODE OF ORDINANCES BY AMENDING ARTICLE 8-5, GENERAL
TRAFFIC REGULATIONS, BY ADDING SECTION 8-5-5 TO PROHIBIT
THE OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES AND
MOTOR ASSISTED SCOOTERS ON STREETS, HIGHWAYS AND ALLEYS;
BY AMENDING ARTICLE 8-6 BY PROVIDING A NEW TITLE AND BY
AMENDING SECTIONS 8-6-1 THROUGH 8-6-3 TO PROVIDE A
DEFINITION AND REGULATIONS FOR MOTOR ASSISTED SCOOTERS;
BY AMENDING CHAPTER 9, SECTION 9-11-3 BY ADDING SUBSECTION
(T) TO REGULATE THE USE OF MOTORIZED VEHICLES AND MOTOR
ASSISTED SCOOTERS ON PARK PROPERTY; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that the prohibition of neighborhood electric
vehicles and motor assisted scooters on the streets, highways and alleys within the City of Coppell is
necessary in the interest of safety; and
WHEREAS, the City Council has determined that the prohibition of motor assisted scooters
on paths and trails within the City, except on paths and trails that are exclusively set aside for the
operation of bicycles, is necessary in the interest of safety;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS;
SECTION 1. That the City of Coppell Code of Ordinances, be, and the same is, hereby
amended by amending Article 8-5 by adding Section 8-5-5 to prohibit the operation of neighborhood
electric vehicles and motor assisted scooters on streets, highways, paths and alleys within the City,
which shall read as follows:
"ARTICLE 8-5 GENERAL TRAFFIC REGULATIONS
Sec. 8-5-5. Neighborhood electric vehicles and motor assisted scooters.
A. For purposes of this section the terms "neighborhood electric vehicle" and
"motor assisted scooter" shall have the following meaning:
Neighborhood Electric Vehicle shall mean a vehicle subject to Federal Motor
Safety Standard 500.
Motor Assisted Scooter shall mean a self-propelled device with:
(1)
(2)
operations;
(3)
(4)
device; and
(5)
at least two wheels in contact with the ground during operation;
a braking system capable of stopping the device under typical
a gas or electric motor not exceeding 40 cubic centimeters;
a deck designed to allow a person to stand or sit while operating the
the ability to be propelled by human power alone.
B. A person may not operate a neighborhood electric vehicle or motor assisted
scooter on any alley, street or highway within the City.
C. A person may not operate a motor assisted scooter on any path or trail within
the city except on paths and trails set aside for the exclusive operation of bicycles.
D. A person may not operate a neighborhood electric vehicle or motor assisted
scooter after dark within the City."
SECTION 2. That the City of Coppell Code of Ordinances, be, and the same is, hereby
amended by amending Article 8-6 by providing a new title and by amending Sections 8-6-1 through
8-6-3 to provide a definition and regulations for motor assisted scooters, which shall read as follows:
"ARTICLE 8-6. PROTECTIVE HEAD WEAR
Sec. 8-6-1 Definitions.
Motor Assisted Scooter shall mean a self-propelled device with:
(1) at least two wheels in contact with the ground during operation;
(2)
operations;
(3)
(4)
device; and
(5)
a braking system capable of stopping the device under typical
a gas or electric motor not exceeding 40 cubic centimeters;
a deck designed to allow a person to stand or sit while operating the
the ability to be propelled by human power alone.
Neighborhood Electric Vehicle shall mean a vehicle subject to Federal Motor
Safety Standard 500.
Sec. 8-6-2. Protective Head Wear Required.
A. A person who is a child.., on a bicycle, motor assisted scooter, neighborhood
electric vehicle, any side car,. ....
B. A parent . . . the child to operate or ride upon a bicycle, motor assisted
scooter, neighborhood electric vehicle, any side car,. ....
C. A person older than 14 years of age.., as a passenger on a bicycle, motor
assisted scooter, neighborhood electric vehicle, any side car,.., attached to a bicycle,
motor assisted scooter, neighborhood electric vehicle within the city.
D. It is a defense to the prosecution under subsection A. or B., that:
1. The bicycle, motor assisted scooter, neighborhood electric vehicle is
not being operated upon a public way at the time of the alleged offense.
SECTION 3. That the City of Coppell Code of Ordinances, be, and the same is, hereby
amended by amending Chapter 9, Section 9-11-3 by adding Subsection T. to regulate the use of
motorized vehicles and motor assisted scooters on park property, which shall read as follows:
"Sec. 9-11-3. General regulations.
T. To operate a motor assisted scooter, as defined in Sec. 8-6-1 of this Code, any
where within the limits of any park or the designated hike and bike trail system
except on paths set aside for the exclusive operation of bicycles."
SECTION 4. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
SECTION 6. Any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of
the City of Coppell, as heretofore amended, or as previously provided in Article 8-7, regarding
protective head wear, and upon conviction shall be punished by a fine not to exceed the sum of
Five Hundred ($500) Dollars for each offense; and each day such violation shall continue shall
constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and publication as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the ~-~tt~ day of
~.~~.~ 2003.
DOU(SLAS N. STOVER, MAYOR
4 60622
ATTEST:
A~I~Y~SECRETARY
ROBERT E. I-L~R, CITY ATTORNEY (REH/cdb'12/2/03)
5 60622