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HomeMy WebLinkAboutOrdinance No. 2026-2648CITY OF THE COLONY, TEXAS ORDINANCE NO. 2026- 2 (M AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, REPEALING CHAPTER 18, SECTIONS 18-91 AND 18- 92 OF THE CODE OF ORDINANCES ENTITLED "SKATEBOARDS, ROLLERBLADES, ROLLER SKATES, INLINE SKATES, AND MOTORIZED AND NONMOTORIZED SCOOTERS" AND REPLACING IT WITH A NEW CHAPTER 18, SECTIONS 18-91 TO 18-96, ENTITLED "SKATEBOARDS, ROLLERBLADES, ROLLER SKATES, INLINE SKATES, AND MOTORIZED AND NONMOTORIZED SCOOTERS" BY ESTABLISHING REGULATIONS FOR SKATEBOARDS, ROLLERBLADES, ROLLER SKATES, INLINE SKATES, AND MOTORIZED AND NONMOTORIZED SCOOTERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has discussed and considered such revisions and has determined that it is in the best interest of the City to repeal the current Chapter 18, Section 18-91 and 18-92 and replace with a new Chapter 18, Section 18-91 to 18-96 to regulate Skateboards, Rollerblades, Roller Skates, Inline Skates, Motorized and Nonmotorized scooters within the City in accordance with State law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, is hereby amended by repealing Sections 18-91 and 18-92 of the Code of Ordinances and replacing it with new Section 18-91 to 18-96, entitled "Skateboards, rollerblades, roller skates, inline skates, and motorized and nonmotorized scooters", which shall read as follows: "Sec. 18-91. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adult means any individual 18 years of age or older. Bicyclequinped with GPS means a device that a person may ride and that is propelled by human power and has two tandem wheels at least one of which is more than 14 inches in diameter, which has a global positioning system (GPS) to determine the geographic location of the bicycle. Child means any individual under 18 years of age, but does not include a licensed minor, as defined below. Electric Bicycle (E -Bike) shall have the same meaning assigned by V.T.C.A., Transportation Code sec. 664.001, as it exists or may be amended, and includes a bicycle equipped with fully operable pedals and an electric motor of fewer than 750 watts and with a top pedal assisted speed of 28 miles per hour or less. 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. Licensed minor means any individual who is 16 or 17 years of age and has in his possession a valid license issued to him by the state, or the state of the licensed minor's residence, for the operation of a motorcycle or motor vehicle on public streets and highways. Motor assisted scooter shall have the same meaning assigned by V.T.C.A., Transportation Code sec. 551.351, as it exists or may be amended, and includes a self-propelled device with at least two 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 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. Operator means a corporation, firm, joint venture, limited liability company, partnership, person or other organized entity that operates a shared mobility service, whether for profit or not-for- profit. 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 V.T.C.A., Transportation Code sec. 551.351, as it exists or may be amended, and includes a self-propelled vehicle that is equipped with an electric motorscooter or internal combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two 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 V.T.C.A., Transportation Code ch. 501, 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 LALay or public propprty means real property owned, leased or controlled by a political subdivision of the state, a governmental entity or agency, or similar entity, or any property that is publicly -owned or publicly -maintained or dedicated to public use, including, but not limited to, a path, trail, walkway, sidewalk, alley, street or highway, and a public park facility. Shared mobili service means any service that displays, offers, or places for rent on a public way or public property one or more bicycles equipped with GPS, electric bicycles, motor -assisted scooters or other similar personal transportation devices that may be locked and unlocked with or without a docking station. Wearing a helmet means that the person has a helmet fastened securely to his head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. Sec. 18-92. Skateboards, rollerblades, roller skates and inline skates. (a) It shall be unlawful for any person to operate, ride or propel skateboards, rollerblades, roller skates, or inline skates on or in any city owned property, improvements, and facilities including city owned parking lots. However, this section does not apply to city hike and bike trails, the skateboard park or to streets, sidewalks, and alleys. Sec. 18-93. Motor assisted scooter, mini -motorbike and pocket bike limitations. (a) Restrictions and prohibitions on locations of use. (1) It is unlawful for any child to operate or ride a motor assisted scooter on any public way or public property within the city, except on paths and trails set aside for the exclusive operation of bicycles. It is unlawful for any adult or licensed minor to operate or ride a motor assisted scooter on any path, trail, walkway, alley, sidewalk or public park facility within the city, except on paths and trails set aside for the exclusive operation of bicycles. (2) It is unlawful for any adult or licensed minor to operate or ride a motor assisted scooter on any public way or public property for which the posted speed limit is more than 35 miles per hour. The motor assisted scooter may cross a road or a street at an intersection where the road or street to be crossed has a posted speed of more than 35 miles per hour. (3) It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter on any public way or public property within the city, except on paths and trails set aside for the exclusive operation of bicycles. (4) It is unlawful for any child, licensed minor or adult to operate or ride a minimotorbike or pocketbike on any public way or public property within the city. (5) It is unlawful for a parent to allow or permit a child or licensed minor to operate or ride a mini -motorbike or pocketbike on any public way or public property within the city. (6) It is presumed that a parent allowed a child or licensed minor to operate or ride a motor assisted scooter, mini -motorbike or pocketbike in a restricted or prohibited area. (7) It is a defense to prosecution that the motor assisted scooter, mini -motorbike or pocketbike was not being operated upon public property or a public way at the time of the alleged offense. (b) Penalty. (1) A person who violates any provision of subsection (a), above, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding $500.00. (2) The purpose of this section is to promote safety and discourage the use of motor assisted scooters, mini -motorbikes and pocketbikes in unsafe areas. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. (c) Exception and findings. (1) This section does not apply to a moped or motorcycle; a motorized mobility device, as defined in V.T.C.A., Transportation Code § 542.009, as amended; an electric personal assistive mobility device, as defined in V.T.C.A., Transportation Code § 551.201, as amended; or a neighborhood electric vehicle, as defined in V.T.C.A., Transportation Code § 551.301, as amended. (2) The city council finds and determines that these prohibition on any street, highway, or sidewalk within the city is necessary in the interest of safety. See. 18-94. Helmets required, penalty for failure to wear helmet. (a) Helmet required. (1) It is unlawful for any child or licensed minor to operate or ride a motor assisted scooter unless the child or licensed minor is wearing a helmet. (2) It is unlawful for a parent to allow or permit a child or licensed minor to operate or ride a motor assisted scooter unless the child or licensed minor is wearing a helmet. (3) It is presumed that a parent allowed a child or licensed minor to operate or ride a motor assisted scooter without wearing a helmet. (4) 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. (b) Penalty. (1) A person who violates any provision of subsection (a), above, requiring helmets, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding $50.00 upon the first conviction and an amount not exceeding $100.00 upon the second and each subsequent conviction. (2) The municipal court shall dismiss a charge against a child, licensed minor and/or parent for a first offense under subsection (a) upon receiving proof that: (A) The defendant acquired a helmet for the child or licensed minor who was operating or riding the motor assisted scooter in violation of subsection (a); and (B) The defendant acquired the helmet on or before the tenth day after receiving the citation of the violation. (3) If the charge against a person is dismissed under subsection (b)(2), a later conviction for a violation of subsection (a) shall be considered a second or subsequent conviction for purposes of subsection (b)(1). (4) The purpose of this section is to promote safety and encourage the use of helmets. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. Sec. 18-95. Electric Bicycles. (a) Electric bicycle classes (1) Class 1 — Top speed of 20MPH or less and the motor only engages when the rider is pedaling. (2) Class 2 — Top speed of 20MPH and the motor may be used to propel the bicycle when the rider is not pedaling. (3) Class 3 — Top assisted speed of more than 20MPH and less than 28MPH. (b) Restrictions and prohibitions. (1) Class 3 electric bicycles may not be operated by anyone under 15 years of age. (2) The rider of any electric bicycle shall yield to the right of way of pedestrians on sidewalks. Sec. 18-96. Bicycles equipped with GPS. (a) Offense and penalty. (1) It shall be unlawful for any person or operator to operate a shared mobility service within the city. (2) It shall be unlawful for any person or operator to park or place a bicycle equipped with GPS, electric bicycle, motor -assisted scooter or other similar personal transportation device on a public way, public property or other public area or in a manner that impedes access or ingress to, egress from or use of a public way, public property or other public area. (3) The penalty for a violation of this section shall be a fine not to exceed the sum of $500.00 for each offense. (b) Removal, impoundment, impoundment fee and disposition. (1) The city may remove and impound any bicycle equipped with GPS, electric bicycle, motor -assisted scooter or other similar personal transportation device owned or controlled by a shared mobility services operator that is found in any public way, public property or other public area within city. (2) After impoundment, the city shall send a notice of impoundment via email or U.S. mail to the owner of the impounded property, if known or clearly ascertainable from external markings. The owner of the impounded property shall satisfy any and all conditions or policies related to such impoundment prior to retrieval of the property. (3) The owner of the impounded property shall be subject to an impoundment fee of $50.00 per bicycle equipped with GPS, electric bicycle, motor -assisted scooter or other similar personal transportation device. The impoundment fee shall be assessed against and collected from the owner of the impounded property as a condition of retrieval. (4) The city may dispose of an impounded bicycle equipped with GPS, electric bicycle, motor -assisted scooter or other similar personal transportation device in a manner consistent with state law if the owner does not satisfy any and all conditions or policies related to such impoundment after 30 calendar days from the date of its impoundment. The city may determine the manner of disposal in its sole discretion, including public auction, sealed bids, donation or destruction." SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances 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 City 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 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, 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. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 19th DAY OF MAY 2026. ATT7L- Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO Jeffrey L. Mo�fe, City Attorney Richard Boyer, Mayor City of The Colony, Texas