HomeMy WebLinkAboutOrd 2005-15 ORDINANCE NO. 05-15
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS
TOWN CODE, CHAPTER 12, TRAFFIC, ARTICLE 12-5, MOTORIZED
SKATEBOARDS, RELATING TO REGULATING THE USE OF
MOTORIZED SKATEBOARDS AND MOTORIZED PLAY VEHICLES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Fountain Hills Town Code, Chapter 12, Traffic, Article 12-5,
Motorized Skateboards, is hereby deleted in its entirety and replaced with a new Article 12-5,
Motorized Skateboards and Motorized Play Vehicles, to read as follows:
Article 12-5
MOTORIZED SKATEBOARDS AND MOTORIZED PLAY VEHICLES
Section 12-5-1 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 indicates a different meaning:
A. "Merchant" means any person required to obtain a business license pursuant to
Section 8-1-1 of this Code.
B. "Motorized play vehicle" means a coaster, scooter, any other alternatively fueled
device (excluding battery operated toy carts designed for children under the age of eight (8)
years to ride in or on) or other motorized vehicle that is self-propelled by a motor or engine and
which is not otherwise defined in Arizona Revised Statutes, Title 28, as amended, as an "electric
personal assistive mobility device", "moped", "motor-driven cycle", "motor vehicle,"
"motorized wheelchair" or"motorcycle".
C. "Motorized skateboard" means a self-propelled device that has a motor, a deck on
which a person may ride and at least two (2) tandem wheels in contact with the ground and
which is not otherwise defined in Arizona Revised Statutes, Title 28, as amended, as an "electric
personal assistive mobility device", "moped", "motor-driven cycle", "motor vehicle,"
"motorized wheelchair" or"motorcycle".
D. "Multi-use path" means an off-road hard surfaced path that may be separated
from motorized vehicle traffic by an open space or barrier. A multi-use path is used exclusively
for pedestrians, and any human-powered vehicles or devices.
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Section 12-5-2 Prohibitions.
A. No motorized skateboard or motorized play vehicle may be operated on any
public property, sidewalk, roadway, crosswalk or any other part of a highway or on any bikeway,
bicycle path or trail, equestrian trail or multi-use path.
B. No motorized skateboard or motorized play vehicle may be operated on any
private property or private roadway without the express written permission of the owner of the
property or roadway, the person entitled to immediate possession of the property, or the
authorized agent of either.
C. The parent, guardian, or legal custodian of any minor shall not authorize or
knowingly permit such minor to violate any of the provisions of this section. If a sanction is
imposed upon a minor who if found to be in violation of this section, the parents or legal
guardian having custody or control of the minor shall be jointly and severally liable with the
minor for payment of the sanction, whether or not the parents or guardian knew of, or
anticipated, a violation of this section.
Section 12-5-3 Public nuisance
It shall be a public nuisance and a threat to public safety for any person to operate a motorized
skateboard or motorized play vehicle on any private property or private roadway in violation of
any of the following restrictions:
A. No person shall operate a motorized skateboard or motorized play vehicle in a
manner causing excessive, unnecessary, or offensive noise which disturbs the peace and quiet of
any neighbor or neighborhood or which causes discomfort or annoyance to a reasonable person of
normal sensitivity.
B. No person shall operate a motorized skateboard or motorized play vehicle at any
time between sunset and sunrise.
C. No child under the age of fourteen (14) years shall operate a motorized skateboard
or motorized play vehicle.
D. No person shall operate a motorized skateboard or motorized play vehicle at a
speed greater than is reasonable and prudent under the circumstances then existing.
E. The operator of a motorized skateboard or motorized play vehicle approaching a
sidewalk, bicycle path, bicycle lane, or multi use path in order to cross such, shall yield the right-
of-way to all other users.
F. No operator of a motorized skateboard or motorized play vehicle shall allow
passengers when the motorized skateboard is in operation or motion.
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G. No person operating or riding upon a motorized skateboard or motorized play
vehicle shall attach himself or herself or the motorized skateboard or motorized play vehicle in
any manner to any other vehicle.
H. No person shall operate a motorized skateboard or motorized play vehicle while
carrying any package, bundle, or article which prevents the operator from keeping both hands
upon the steering mechanism at all times.
I. No person, other than the owner, shall operate a motorized skateboard or
motorized play vehicle on private property or on a private roadway without the written
permission of the property owner.
J. No person shall operate a motorized skateboard or motorized play vehicle that has
been mechanically or structurally altered from the original manufacturer's design.
I. No person shall operate a motorized skateboard or motorized play vehicle except
in compliance with all duties applicable to the driver of a vehicle by the laws of this state
declaring rules of the road applicable to vehicles, or by the traffic laws of the town applicable to
the driver of a vehicle except as to those provisions which by their nature can have no
application provided, however, that nothing contained in this subsection shall be construed to
require the licensing or registration of motorized skateboards or motorized play vehicles, the
licensing of motorized skateboard or motorized play vehicle operators, or the carrying of
insurance covering accidents involving motorized skateboards or motorized play vehicles.
Section 12-5-4 Disclosure requirements.
It is unlawful for a merchant to sell motorized skateboards or motorized play vehicles without
making the disclosures required by this section. Any merchant who sells motorized skateboards
or motorized play vehicles within the Town shall post, in a prominent place at each location
where motorized skateboards or motorized play vehicles are on display, a notice to the effect that
operation of motorized skateboards and motorized play vehicles is prohibited:
A. On any public property, sidewalk, roadway, or any other part of a highway or on
any bikeway, bicycle path or trail, equestrian trail, or multi-use path in the Town of Fountain
Hills; and
B. On any private property without the written permission of the owner of the
property, the person entitled to immediate possession of the property, or the authorized agent of
either.
Section 12-5-5 Violations.
A. Any violation of or failure or refusal to do or perform any act required by Section
12-5-2, except subsection 12-5-2(B), of this Article constitutes a civil traffic violation. Civil
traffic violations are subject to the provisions of Arizona Revised Statutes, Title 28, Chapter 6,
Articles 20 and 21 and amendments thereto.
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B. Any violation of or failure or refusal to do or perform any act required by
subsection 12-5-2(B) or Section 12-5-3 of this Article constitutes a civil offense. The municipal
court of the town shall conduct a hearing and shall assess a sanction of $100.00 for a first
violation, $200.00 for a second violation and $500.00 for all subsequent violations. Each day a
violation occurs shall constitute a separate event.
SECTION 2. That if any provision or any portion of any provision of this Ordinance is
for any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, November 3, 2 5.
FOR THE TOWN OUNTAIN HILLS: ATTESTED TO:
26(/66(.,/,
W. J. Nic ols, ayor Bevelyn J. Be der, own Clerk
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REVIEWED . APPROVED AS TO FORM:
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Timothy G. Pickering, Tow anager Andi .. J. McGuire, Town Attorney
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