HomeMy WebLinkAboutOrd 1998-35 ORDINANCE 98-35
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN CODE, CHAPTER
12, TRAFFIC, BY CREATING A NEW ARTICLE 12-5, MOTORIZED
SKATEBOARDS, PROVIDING DEFINITIONS AND REGULATIONS FOR
OPERATION OF MOTORIZED SKATEBOARDS UPON PUBLIC AND PRIVATE
PROPERTY.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. That the Town Code, Chapter 12, Traffic, is hereby amended to create a new Article,
12-5, Motorized Skateboards, to read as follows:
ARTICLE 12-5 MOTORIZED SKATEBOARDS
12-5-1 Definitions
12-5-2 Application of traffic laws
12-5-3 Responsibility of parents, guardians, and custodians
12-5-4 Prohibited operation
12-5-5 General operating restrictions
12-5-6 Operating restrictions on roadway
12-5-7 Required safety equipment
12-5-8 Violations
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. "Child" or"juvenile" means an individual who is under the age of eighteen (18) years.
B. "Custodian" means a person who has lawful custody of a child.
C. "Motorized skateboard" means a self-propelled device which has a motor, a deck on which
a person may ride and at least two (2) wheels in contact with the ground and which is not otherwise
defined in Arizona Revised Statutes title 28, as amended, as a "motor vehicle," "motorcycle,"
"motor-driven cycle" or "motorized wheelchair."
D. "Motorized wheelchair" means a self-propelled vehicle that is designed for and used by a
physically challenged, injured, or incapacitated person.
,,, E. "Multi use path" means an off-road hard surfaced path which may be separated from
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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.
F. "Owner" means any person holding the legal title of a motorized skateboard, or any person
who is a lessee, conditional vendee or mortgagor of a motorized skateboard with a right to
immediate possession.
G. "Vehicle" means a device in, upon or by which any person or property is or may be
transported or drawn upon a public roadway, excepting devices moved by human power or
used exclusively upon stationary rails or tracks.
Section 12-5-2 Application of traffic laws
Every person operating a motorized skateboard upon a roadway,or any shoulder adjoining a roadway
shall be granted all rights and shall be subject to all the 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 special regulations herein and except as
to those provisions which by their nature can have no application. This section shall not be construed
to require the licensing or registration of motorized skateboards, the licensing of motorized
skateboard operators, or the carrying of insurance covering accidents involving motorized
skateboards.
L
Section 12-5-3 Responsibility of parents, guardians,and custodians
No person shall, if a parent, guardian, or custodian of a child, authorize or knowingly permit any
child to violate this article.
Section 12-5-4 Prohibited operation
No person shall operate a motorized skateboard:
A. On any sidewalk in the town, except for use in crossing such sidewalk by the most direct
route to gain access to any public or private road or driveway.
B. In any town parking lot or town park.
C. On any public property that has been posted or designated by the owner of such property as
an area prohibiting "skateboards."
D. On any public roadway consisting of a total of four (4) or more marked traffic lanes, or
having an established speed limit of greater than twenty-five (25) miles per hour.
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E. On any private property of another, or any public property which is not held open to the
filtrw public for vehicle use, without the prior written permission of the owner,the person entitled
to immediate possession of the property, or the authorized agent of either.
F. On any sidewalk, or any designated bicycle lane, bicycle path, or multi use path.
Section 12-5-5 General operating restrictions
A. No child under the age of fourteen (14) years shall operate a motorized skateboard.
B. No person shall operate a motorized skateboard at a speed greater than is reasonable and
prudent under the circumstances then existing.
C. The operator of a motorized skateboard 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.
D. No operator of a motorized skateboard shall allow passengers when the motorized skateboard
is in operation or motion.
E. No person operating or riding upon a motorized skateboard shall attach himself or herself or
the motorized skateboard in any manner to any other vehicle.
F. No person shall operate a motorized skateboard while carrying any package,bundle,or article
which prevents the operator from keeping both hands upon the steering mechanism at all
times.
G. No person, other than the owner, shall operate a motorized skateboard without the written
permission of the owner.
H. No person shall operate a motorized skateboard that has been mechanically or structurally
altered from the original manufacturer's design.
I. No person shall operate a motorized skateboard in a crosswalk.
Section 12-5-6 Operating restrictions on roadway
A. A person operating a motorized skateboard on a roadway at less than the normal speed of
traffic, at the time and place and under the then existing conditions, shall ride as close as
practicable to the right hand curb or edge of the roadway, except under the following
conditions and when the movement can be made in safety:
1. If overtaking and passing a bicycle or vehicle proceeding in the same direction.
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2. If preparing for left turn at an intersection or into a private roadway or driveway.
3. If reasonably necessary to avoid hazardous conditions ahead in the roadway.
4. If the lane in which the person is operating the motorized skateboard is too narrow
for a motorized skateboard and a bicycle or another vehicle to travel safely side by
side within the lane.
B. No operator of a motorized skateboard shall transport extra fuel in a separate container or
alter the fuel reservoir from the original manufacturer's design. This includes the prohibition
of physically attaching fuel packs or containers to the operator's person.
C. Persons operating motorized skateboards on the roadway shall not ride more than two (2)
abreast.
Section 12-5-7 Required safety equipment
A. No person shall operate a motorized skateboard without a head lamp emitting a beam and
a red rear reflector anytime from sunset to sunrise, or any other time when there is no
sufficient light to render clearly discernible persons or vehicles on the roadway.
(160 1, A head lamp shall emit a white light and be visible from the front at a distance no less
than five hundred (500) feet.
2. A rear red reflector shall be visible when illuminated by a vehicle head lamp from a
distance of not less than three hundred(300) feet.
3. A rear red lamp visible from a distance of five hundred(500) feet to the rear may be
used in addition to the rear red reflector.
B. No person shall operate a motorized skateboard unless it is equipped with a brake which
enables the operator to make a braked wheel(s) skid on pavement.
C. Any child operator of a motorized skateboard being operated on a roadway shall at all times
wear a protective helmet on his or her head in an appropriate and safely secured manner.The
helmet shall meet minimum standards of testing and safety inspected by the bicycle industry.
D. No person shall operate a motorized skateboard without wearing footwear. The footwear
must have a sole and completely cover the feet and toes.
Section 12-5-8 Violations
Violations of this article are civil traffic infractions punishable pursuant to Article 1-8(B) of this
Code.
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PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills,
Arizona this 17th day of December, 1998.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
/(7elf1C- et4-114-4-LQ° 41-4/1-4
Sharon Morgan,Mayor Cassie B. Hansen, Town Clerk
REVIE BY: APPROVED AS TO FORM:
//7/K 5/17,<A,,P,L,41,
Paul L. Nordin, Town Manager William E. Farrell, Town Attorney
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