Ord. 1235 12-12-05ORDINANCE NO. 1235
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 29, TRAFFIC, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE
OF PROHIBITING THE USE OF MOTOR ASSISTED SCOOTERS AND
MINIMOTORBIKES WITHIN THE CITY; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 29, Traffic, of the City of Pearland Code of
Ordinances, is hereby amended to AMEND Section 29-1, entitled Definitions, to add the
following:
"Sec. 29-1. Definitions.
Minimotorbike: A self-propelled device that is equipped with an electric motor or internal
combustion engine having a piston displacement of Tess 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.
Motor assisted scooter: A 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 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.
Motorcycle: Every motor vehicle having a saddle for the use of the rider and designed to
travel on not more than three (3) wheels in contact with the ground but excluding
tractors and minimotorbikes.
Section 2. That Chapter 29, Traffic, of the City of Pearland Code of
Ordinances, is hereby AMENDED to ADD Section 29-12, to be entitled Motor Assisted
Scooters, Minimotorbikes Prohibited, to read as follows:
"Sec. 29-12. Motor assisted scooters, minimotorbikes prohibited.
ORDINANCE NO. 1235
(a) It shall be unlawful for any person to operate or ride as a passenger on a motor
assisted scooter or minimotorbike on any sidewalk, right-of-way, roadway, street or
highway, including private roads, within the City of Pearland.
(b) It shall be unlawful for a parent or legal guardian of a child under the age of 17 to
knowingly, recklessly, or with criminal negligence allow said child operate or ride as a
passenger on a motor assisted scooter or minimotorbike on any sidewalk, right-of-way,
roadway, street or highway, including private roads, within the City of Pearland.
(c) This section does not apply to:
(1) an electric bicycle or motor -driven cycle as defined by Section 541.201 of the
Texas Transportation Code;
(2) a motorized mobility device, as defined by Section 542.009 of the Texas
Transportation Code;
(3) an electric personal assistive mobility device, as defined by Section 551.201
of the Texas Transportation Code; or
(4) a neighborhood electric vehicle subject to Federal Motor Vehicle Safety
Standard 500 (49 C.F.R. Section 571.500)."
Section 3. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
2
ORDINANCE NO. 1235
Section 7. Publication and Effective Date. The City Secretary shall cause
this Ordinance, or its caption, to be published in the official newspaper of the City of
Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption, in
the official City newspaper.
PASSED and APPROVED ON FIRST READING this a th day of December,
A. D., 2005.
TOM REID
MAYOR
ATTEST:
Ale UN erg. 1 ,+
ITY ' CRETA' Y
PASSED and APPROVED ON SECOND AND FINAL READING this the 12th day
of December, A. D., 2005.
ATTEST:
TY S CRETARY
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
DECEMBER 12, 2005
Voting "Aye" - Tetens, Owens, Cole, Marcott and Saboe.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: December 14, 2005
EFFECTIVE DATE: December 24, 2005
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
HE CHARTER OF THE CITY OF PEARLAND, TEXAS
3
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
8razoria and Harris Counties
I, .Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No: / Date a - /1 20 ‘1.-
No. Date 20
No. Date 20
No. Date 20
No. Date
Subscribe and sworn to before me this day of
20_6_
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20
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Dec. 14, 2005
OoniueNQ NO 1235
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS, AMENDING
CHAPTER 29, TRAFFIC,
OF THE CITY OF
PEARLAND CODE OF
ORDINANCES, FOR THE
PURPOSE OF PROHIBIT-
ING THE USE OF MOTOR
ASSISTED SCOOTERS
AND MINIMOTORBIKES
WITHIN THE CITY; PRO-
VIDING A PENALTY FOR
VIOLATION; HAVING A
SAVINGS CLAUSE, A
SEVERABILITY CLAUSE,
AND A REPEALER
CLAUSE; PROVIDING
FOR PUBLICATION, COD-
IFICATION, AND AN
EFFECTIVE DATE.,
PASSED and APPROVED
ON FIRST READING this
the 12th day of December,
A. D., 2005.
/s/ Tom Reid
Mayor
ATTEST:
/s/ Young Lolling, TRMC
City Secretary
PASSED and APPROVED
ON SECOND AND FINAL
READING this the 12th day
of December, A. D., 2005.
/s/ Tom Reid
Mayor
ATTEST:
/s/ Young Lofing, TRMC
City Secretary
APPROVED AS TO FORM
/s/ Darrin M. Coker
City Attorney
VOTING RECORD SEC-
OND AND FINAL READING
DECEMBER 12.200&
Voting "Aye" - Tetens,
Owens, Cole, Marcott and
Saboe.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE:
December 14, 2005
EFFECTIVE DATE:
December 14, 2005
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF THE CHAPTER
OF THE CITY OF
PEARLAND, TEXAS