Ord 092-2005 11/15/2005ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING CHAPTER 94 OF THE CODE OF
ORDINANCES BY THE AMENDMENT OF SECTION 94 -15, MOTOR
ASSISTED SCOOTERS, AND THE ADDITION OF SECTION 94 -16,
POCKET BIKE OR MINIMOTORBIKE; PROVIDING FOR INCLUSION IN
THE CODE; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
WHEREAS the TEXAS TRANSPORTATION CODE establishes a legal definition of
"pocket bikes" or "minimotorbikes," and prohibits the operation of these vehicles on
public thoroughfares; and,
WHEREAS, no offense was established through the TEXAS TRANSPORTATION
CODE for the illegal operation of these vehicles on these venues; and,
WHEREAS, the City Council desires to amend the Code of Ordinances to
establish a fine for the illegal operation of these pocketbikes or minimotorbikes on
public thoroughfares.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . Chapter 94 of the Code of Ordinances is hereby amended at
Section 94 -15, subsection (a), so that such subsection shall hereafter read as follows:
"Sec. 94 -15. Motor assisted scooters.
(a) A "motor assisted scooter" means a self - propelled device with:
(1) At least two wheels in contact with the ground during operation;
(2) A braking system capable of stopping the device under typical
operating conditions;
(3) A gas or electric motor not exceeding 40 cubic centimeters;
(4) A deck designed to allow a person to stand or sit while operating
the device;
(5) The ability to be propelled by human power alone; and,
(6) Does not include a pocket bike or minimotorbike."
SECTION 2 . Chapter 94 of the Code of Ordinances is hereby amended by the
addition of Section 94 -16, which section shall hereafter read as follows:
"Sec. 94 -16. Pocket bike or minimotorbike.
(a) A "Pocket bike" or "Minimotorbike" means a self - propelled vehicle that:
1. Is equipped with an electric motor or internal combustion engine
having a piston displacement of less than 50 cubic centimeters;
2. Is designed to propel itself with not more than two wheels in
contact with the ground;
3. Has a seat or saddle for the use of the operator;
4. Is not designed for use on a highway; and
5. Is ineligible for a certificate of title under Chapter 501 of the
TRANSPORTATION CODE.
(b) The terms "Pocket Bike or Minimotorbike" does not include:
1. A moped or motorcycle;
2. An electric bicycle or motor - driven cycle, as defined by Section
541.201 of the TRANSPORTATION CODE;
3. A motorized mobility device, as defined by Section 542.009 of the
TRANSPORTATION CODE;
4. An electric personal assistive mobility device, as defined by Section
551.201 of the TRANSPORTATION CODE; or
5. A neighborhood electric; vehicle.
(c) A pocket bike or minimotorbike shall not be operated on any:
1. Highway, road, street or alley;
2. Path set aside for the exclusive operation of bicycles; or
3. Sidewalk.
(d) Any violation of this section is a class C misdemeanor punishable by a
fine as provided in section 1 -14 herein."
SECTION 3 . It is the intention of the City Council of the City of Wichita Falls,
Texas, that the provisions of this ordinance shall become a part of the Code of
Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may
be renumbered or relettered to accomplish such intention.
SECTION 4 . It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 15 day of November, 2005.
MAYOR
ATTEST:
ty Clerk