Small Personal Transportation Devices in the City of Rollingwood

City Ordinance

Sec. 32-142. Restriction on operation of pocket bikes or mini-motorbikes.

It is unlawful for a person to operate a pocket bike or mini-motorbike on or in a highway, road, or street, a path set aside for the exclusive operation of bicycles, a sidewalk or any location where operation is prohibited by this chapter. (Code 1995, § 12.06.005; Ord. No. 2017-05-17(B), § 6, 5-17-2017)

Sec. 20-74. - Vehicles restricted to designated areas.

No person may operate a vehicle on or through any city park property except on roads, driveways, parking areas and other areas designated for vehicles; however, city personnel and agents may operate service vehicles in other areas while engaged in authorized activities. No pocket bike or mini-motorbike may be operated upon any sidewalk, pedestrian walkway, playground, or other area of any property owned or maintained by the city as a park or green space, including any access drives and parking lots in or adjacent thereto.

Texas Transportation Code

Sec. 551.351.

1) "Motor-assisted scooter":

(A) means a self-propelled device with:

(i) at least two wheels in contact with the ground during operation;

(ii) a braking system capable of stopping the device under typical operating conditions;

(iii) a gas or electric motor not exceeding 40 cubic centimeters;

(iv) a deck designed to allow a person to stand or sit while operating the device; and

(v) the ability to be propelled by human power alone; and

(B) does not include a pocket bike or a minimotorbike.

(2) "Pocket bike or minimotorbike" means a self-propelled vehicle that is equipped with an electric motor or internal combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two 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. The term does not include:

(A) a moped or motorcycle;

(B) an electric bicycle;

(D) an electric personal assistive mobility device, as defined by Section 551.201; or

(E) a neighborhood electric vehicle, as defined by Section 551.301.

Sec. 551.352. OPERATION ON ROADWAYS OR SIDEWALKS.

(a) A motor-assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. The motor-assisted scooter may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour.

(b) A county or municipality may prohibit the operation of a motor-assisted scooter on a street, highway, or sidewalk if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.

(c) The department may prohibit the operation of a motor-assisted scooter on a highway if it determines that the prohibition is necessary in the interest of safety.

(d) A person may operate a motor-assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk. Except as otherwise provided by this section, a provision of this title applicable to the operation of a bicycle applies to the operation of a motor-assisted scooter.

(e) A provision of this title applicable to a motor vehicle does not apply to a motor-assisted scooter.

Sec. 551.353. APPLICATION OF SUBCHAPTER TO POCKET BIKE OR MINI MOTORBIKE.

This subchapter may not be construed to authorize the operation of a pocket bike or mini motorbike on any:

(1) highway, road, or street;

(2) path set aside for the exclusive operation of bicycles

Sec. 32-144. ABANDONMENT OF MOTORIZED SCOOTERS.

(a) Definitions.

Impoundment or impound. Impoundment or impound as used in this article means removal of a motor-assisted scooter to a temporary storage location or designated impound facility by the city.
Motor-assisted scooter. A motor-assisted scooter is a self-propelled device with at least two 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. Or as defined by V.T.C.A., Transportation Code ch. 551, as amended.
Person. An individual, partnership, corporation, company, association, or other legal entity.
Residential real private property. Any privately-owned real property zoned as residential.

(b) It is prohibited for any person to abandon, place, or leave behind any motor-assisted scooter on any public property, including but not limited to, sidewalk, park, way, right-of-way, highway, street, alley; or on residential real private property within the city without the authorization of the property owner.

(c) A person who violates, causes, allows, or permits a violation of this section commits a misdemeanor punishable by a fine not exceeding $500.00.

(d) Each violation of this section designated as an offense constitutes a separate offense and each continuing day in violation shall constitute a separate offense.

(e) The city may impound any motor-assisted scooter found in violation of this section.

(1) Prior to impoundment, and where no emergency conditions exist or where traffic is not unduly impeded, a warning shall be issued and placed upon any motor-assisted scooter found in violation of this section.

(2) The warning shall state that should the motor-assisted scooter not be removed within 24 hours, then impoundment shall occur.

(3) Not more than 72 hours after impoundment of any motor-assisted scooter, the city shall attempt notice to the owner of the motor-assisted scooter, as disclosed by readily identifiable owner contact information attached to the motor-assisted scooter. The notice shall be attempted by telephone, electronic mail, or U.S. mail. The notice shall outline the impoundment and redemption process. If a motor-assisted scooter is redeemed prior to the submission of notice, or if the city is unable to readily identify the owner, then notice need not be sent. Saturdays, Sundays, and city holidays are to be excluded from the calculation of the 72-hour period.

(4) All motor-assisted scooters that are impounded under this section shall be subject to an impound fee that is sufficient to offset the city's cost of enforcement and storage for each motor-assisted scooter.

(Ord. No. 2020-02-19-03 , § 2, 2-19-2020)