ORD 1260 04/09/2019OF Cts
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"City of Choice"
ORDINANCE NO. 1260
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS AMENDING CODE OF ORDINANCES CHAPTER 74 TRAFFIC
AND VEHICLES, BY ADDING ARTICLE XII MOTOR ASSISTED
SCOOTERS, POCKET BIKES, AND MINI -MOTORBIKES; AUTHORIZING
THE CITY MANAGER TO IMPLEMENT THE PROVISIONS OF THIS
ORDINANCE; PROVIDING FOR UNLAWFUL ACTS AND
EXEMPTIONS; PROVIDING FOR A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE; ESTABLISHING CERTAIN FEES AND FINES;
PROVIDING FOR SEVERABILITY; REPEALING ANY OTHER CODE
PROVISIONS, ORDINANES, OR PARTS OF ORDINANCES, AND
OTHER PROVISIONS IN CONFLICT HEREWITH; INCORPORATING
RECITALS; AND ADOPTING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cibolo, Texas desires to amend Municipal
Code of Ordinances Chapter 74 Traffic and Vehicles, by adding Article X1I Motor -Assisted
Scooters, Pocket Bikes, and Mini -Motorbikes in order to preserve, protect, and promote public
health and safety.
WHEREAS, heavy traffic on the streets in the City of Cibolo is creating a hazard
threatening the health, safety, and welfare of motorists and pedestrians; and
WHEREAS, the City of Cibolo has exclusive control and power over the streets, alleys,
and public grounds and highways of the City pursuant to Transportation Code §311.001; and
WHEREAS, the regulation and control of traffic is necessary for the health, safety and
quality of life of the citizens of the City; and
WHEREAS, the establishment of regulations for motor -assisted scooters, pocket bikes,
and mini -motorbikes is necessary to protect the general public; and
WHEREAS, in accordance with Section 551.352 (b) of the Texas Transportation Code,
the City Council has determined that the operation of motor -assisted scooters, pocket bikes, and
mini -motorbikes on any sidewalk, street, or highway within the City limits shall be prohibited in
the interest of safety.
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WHEREAS, it is necessary for the City to adopt requirement s and regulations which
will enable the officers and employees of the City to respond in a manner consistent with State
law; and
WHEREAS, the rules, regulations and requirements established by ordinance may not be
inconsistent with State law; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
regulate traffic within the City in accordance with State law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CIBOLO, TEXAS THAT:
SECTION ONE. AMENDMENT. Municipal Code of Ordinances Chapter 74 Traffic
and Vehicles is amended by adding Article XII Motor -Assisted Scooters, Pocket Bikes, and Mini -
Motorbikes and shall read as follows:
Sec. 74-395. - DEFINITIONS
For purposes of this section, the term Electric Vehicle shall mean the following:
(1) Motor -Assisted Scooter means 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 not exceeding 40
cubic centimeters; 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.
(2) 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
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 Chapter 501 of the
Transportation Code. The term does not include:
a. a moped or motorcycle;
b, an electric bicycle or motor -driven cycle, as defined by Section 541.201;
C. a motorized mobility device, as defined by Section 542.009
d. an electric personal assistive mobility device, as defined by Section 551.201;
e, a neighborhood electric vehicle, as defined by Section 551.301
(3) Sec. 74-395(1) and (2) also include dock -less scooters or dock -less vehicles; that are
provided by persons or companies as rental units for compensation for use by a rider or
consumer of services.
See. 74-396. — OPERATION ON ROADWAYS AND SIDEWALKS PROHIBITED
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(1) It shall be unlawful to operate a motor -assisted scooter, pocket bike, or mini -motorbike
on any sidewalk, street, or highway within the City limits when provided by a person or
company for compensation.
(2) Privately owned vehicles of these types shall be exempt from this ordinance.
Sec. 74-397. — CONFLICTS
To the extent that any part of this section conflicts with Transportation Code Chapter 551, the
Transportation Code shall apply to the extent of such conflict.
See. 74-398. — PENALTY
Any person, firm, association, delegation or group who violates any provision of this article
shall be guilty of a misdemeanor and, upon conviction, shall be punished according to the
general penalties described in Section 1-13. Each day any violation continues to exist shall
constitute a separate offense
SECTION TWO. SEVERABILITY. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be unconstitutional or illegal, such decision
shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each section, subsection, clause, or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or
phrases be declared void.
SECTION THREE. FINDINGS. The City Council finds all of the above recitals to be
true and correct and incorporates the same in this Ordinance as findings of fact.
SECTION FOUR. EFFECTIVE DATE. This Ordinance shall be effective immediately
upon publication of notice as required by law.
PASSED AND APPROVED this `l day of Air-:! 2019.
ATTEST:
CITYY SECRETA
,/
Peggy Cimics
MAYOR
P VED AS TO FORM:
Fra rza
CIT AT ORNEY
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