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HomeMy Public PortalAboutOrdinance No. 977-03 12-09-2003 • ORDINANCE NO. 977-03 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, BY AMENDING CHAPTER 82 TO ADD CERTAIN DEFINITIONS AND ADD SECTION 82-314 TO PROHIBIT THE OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES AND MOTOR ASSISTED SCOOTERS ON STREETS, HIGHWAYS, PATHS AND ALLEYS AND ON PUBLIC PROPERTY EXCEPT CERTAIN DESIGNATED AREAS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 551 of the Texas Transportation Code has recently been amended to restrict the use and operation of Neighborhood electric vehicles and motor assisted scooters, as defined therein; and WHEREAS, Chapter 551 of the Texas Transportation Code also expressly permits the City to further restrict the use of such vehicles in the interests of safety; and 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 Richland Hills 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 of the operation of bicycles is necessary in the interest of safety. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. ADDITION OF DEFINITIONS TO SECTION 82-1 That Chapter 82 of the Code of Ordinances of the City of Richland Hills, Texas be and the same is hereby amended by the addition of the following definitions to Section 82-1: Neighborhood electric vehicle shall be defined as provided in Chapter 551 of the Texas Transportation Code, as amended. Motor assisted scooter shall be defined as provided in Chapter 551 of the Texas Transportation Code, as amended. Except for these additions, the remainder of Section 82-1 shall remain unchanged. • • SECTION 2. ADDITION OF SECTION 82-314 That Chapter 82 of the Code of Ordinance of the City of Richland Hills, Texas be and the same is hereby amended by the addition of Section 82-314, which will provide as follow: Operation of neighborhood electric vehicles and motor assisted scooters restricted. (a) It shall be unlawful for any person to operate a neighborhood electric vehicle or motor assisted scooter on any alley, street or highway within the City, including the parkway of any alley, street or highway. (b) It shall be unlawful for any person to operate a motor assisted scooter on any public property, including but not limited to any public park, easement, sidewalk, trail, path or parking lot, within the City, except for paths and trails which are expressly posted as allowing such use, and for paths and trails reserved for the exclusive operation of bicycles." SECTION 3. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of • Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. • Ordinance to Prohibit the Operation of Neighborhood Electric Vehicles and Motor Assisted Scooters on Certain Streets Page 2 W.\Richland Hills\Ordinance\Motor Assisted Scooters (total prohibition).wpd • SECTION 6. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Hundred Dollars ($200.00) for violation of this Ordinance. Each instance of non- compliance shall constitute a separate offense. SECTION 8. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS ~~DAY OF , 2003. g~}b Z ~ ~ ~ ~ ~ ~ ~ 4....~ ~ E HONORABLE NELDA STRODER, MAYOR r~ ~ ~ ~-r l:. ~ - ATTEST: ? , ~ w ~ . ~ s~ ,~'e~eeee~eee~ T ~I WILLIS, CITY SECRETARY EFFECTIVE: ~ APPROVED T FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY Ordinance to Prohibit the Operation of Neighborhood Electric Vehicles and Motor Assisted Scooters on Certain Streets Page 3 W.ARichland HillsVOrdinanceAMotor Assisted Scooters (total prohibition)-wpd