O-2239-11-03ORDINANCE NO. 2239-11-03
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF
ALLEN, BY AMENDING CHAPTER 9 TO ADD SECTION 9-17 TO PROHIBIT THE
OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES AND MOTOR
ASSISTED SCOOTERS ON CERTAIN STREETS, HIGHWAYS, PATHS AND
ALLEYS; BY AMENDING CHAPTER 11, SECTION 18 TO AMEND SUBSECTION
4 AND ADD SUBSECTION 35 TO REGULATE THE USE OF MOTORIZED
VEHICLES AND MOTOR ASSISTED SCOOTERS ON PARK PROPERTY;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERARHATY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500); AND PROVIDING
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 Allen 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 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 ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Texas, is hereby amended by amending
Chapter 9 by adding Section 9-17 to prohibit neighborhood electric vehicles and motor assisted scooters on
certain streets, highways, paths and alleys within the City to read verbatim as follows:
"Sec. 9-17 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 same meaning assigned by Transportation Code Section 551.301, as
amended.
(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."
SECTION 2. The Code of Ordinances of the City of Allen, Texas, is amended by amending Chapter 11 by
amending Section I1-18(4) and adding Section 11-18(35) to prohibit the operation of motor assisted scooters
in City parks except on sidewalks, or on paths set aside for the exclusive operation of bicycles to read
verbatim as follows:
"Sec. 11-18. Prohibited acts.
It shall be unlawful for any person to commit any one (1) or more of the following acts in a park:
1 ....
(4) To ride, drive or park any motorcycle, automobile or other motorized vehicle (other than a
motor assisted scooter) upon, over or across any park, curb, sidewalk, grass, lawn, hike or
jogging trail or park land except in designated areas or unless authorized by the director. This
provision is not applicable to City motor vehicles or emergency vehicles.
(35) To operate a motor assisted scooter, as defined by Transportation Code, Section 551.301, as
amended, any where within the limits of any park except on sidewalks, and on paths set aside
for the exclusive operation of bicycles."
SECTION 3. All provisions of the ordinances of the City of Allen 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 of
Allen not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or
unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole.
' SECTION 5. Any person, firm or corporation violating any of the provisions or terns of this ordinance
shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Allen, as
heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of five hundred
dollars ($500) for each offense; and each day such violation shall continue shall constitute a separate offense.
SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former
law is continued in effect for this purpose.
SECTION 7. This Ordinance shall take effect from and after its passage, and publication of the caption in
accordance with the provisions of the charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, THIS THE 25TH DAY OF NOVEMBER, 2003.
APPROVED:
laoo
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CbM ATTORNEY Shelley B. GesrW, TRMC, CityS
Ordinance No. 2239-11-03, Page 2