Go-Ped Ordinance

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ORDINANCE NO. 1569

AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, AMENDING THE CODE OF GILBERT ARIZONA, BY AMENDING CHAPTER 62 TRAFFIC AND VEHICLES, ARTICLE V MOTORIZED PLAY VEHICLES AND MOTORIZED SKATEBOARDS, SECTION 62-145 GENERAL OPERATING RESTRICTIONS BY AMENDING SUBSECTION (i) ADDING NEW SUBSECTION (k) RELATED TO ALTERATIONS FROM THE MANUFACTURER'S DESIGN AND TO NOISE LIMITATIONS, AND SECTION 62-146 OPERATING RESTRICTIONS ON ROADWAY BY ADDING NEW SUBSECTION (d) RELATED TO HOURS OF OPERATION OF MOTORIZED PLAY VEHICLES AND MOTORIZED SKATEBOARDS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING THAT VIOLATIONS ARE CIVIL VIOLATIONS

BE IT ORDAINED by the Common Council ofthe Town of Gilbert, Arizona, as follows:

Section I. In General.

The Code of Gilbert, Arizona, Chapter 62 Traffic and Vehicles, Article V Motorized Play Vehicles and Motorized Skateboards. Section 62-145 General Operating Restrictions, is hereby amended by amending subsection (i) and adding new subsection (k) as follows (new language in CAPITALIZED):


i. No person shall operate a motorized play vehicle or motorized skateboard that has been structurally altered from the original manufacturer' s design, UNLESS SUCH STRUCTURAL ALTERATION REDUCES THE NOISE LEVEL EMITTED FROM THE MOTORIZED PLAY VEHICLE OR MOTORIZED SKATEBOARD BELOW THE NOISE LEVEL EMITTED BY THE ORIGINAL MANUFACTURER'S DESIGN.
k. NO PERSON SMALL OPERATE A MOTORIZED PLAY VEHICLE OR MOTORIZED SKATEBOARD IN SUCH A MANNER THAT IT EMITS ANY NOISE THAT EXCEEDS EIGHTY DECIBELS, USING THE MEASUREMENT CRITERIA SET FORTH IN SECTION 42-61(d) AND MEASURED AT A DISTANCE OF THIRTY-FIVE FEET FROM THE MOTORIZED PLAY VEHICLE OR MOTORIZED SKATEBOARD. 

The Code of Gilbert, Arizona, Chapter 62 Traffic and Vehicles, Article V Motorized Play Vehicles and Motorized Skateboards, Section 62-146 Operating restrictions of Roadway, is hereby amended by adding new subsection (d) to read as follows:

(d) NO MOTORIZED PLAY VEHICLE OR MOTORIZED SKATEBOARD SHALL BE OPERATED ON A ROADWAY BETWEEN SUNSET OR 8:00 PM, WHICHEVER IS EARLIEST, AND 8:00 A.M.

Section II. Providing for Repeal of Conflicting Ordinances.

All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed.

Section III. Providing for Severability.

If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part ofthe Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.

Section IV. Civil Traffic Violation

Any violation ofor failure to do or perform any act required by this ordinance constitutes a civil traffic violation.

PASSED AND ADOPTED by the Common Council ofthe Town of Gilbert, Arizona, this 8th day of June 2004

Municipal Code

Sec. 62-141. Definitions.

For purposes of this chapter, the following definitions apply: 

Motorized play vehicle means a coaster, scooter, any other alternatively fueled device 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 a "motor vehicle," "motor-driven cycle" or "motorized wheelchair." 

Motorized skateboard means a self-propelled device which has a motor or engine, a deck on which a person may ride and at least two wheels in contact with the ground and which is not otherwise defined in Arizona Revised Statutes Title 28, as amended, as a "motor vehicle," "motor-driven cycle" or "motorized wheelchair." 

Operator means a person who operates or is in actual physical control of a motorized play vehicle or a motorized skateboard upon a public roadway, sidewalk, right of way, park, bicycle path or any other public property used for the operation of motor vehicles. 

Owner means a person who holds the legal title to a motorized play vehicle or motorized skateboard, or any person who is a lessee, conditional vendee or mortgagor of a motorized play vehicle or motorized skateboard with a right to immediate possession. 

(Ord. No. 1079, § I, 1-6-98) 

Sec. 62-142. Applicability of traffic laws. 

(a) All traffic laws shall apply to persons riding motorized play vehicles and motorized skateboards. Every person operating a motorized play vehicle or motorized skateboard upon a roadway shall be granted all of the rights and shall be subject to all of 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 regulations of this town applicable to the driver of a vehicle, except as to special regulations in this chapter and except as to those provisions which by their nature can have no application.

(b) This section shall not be construed to require the licensing or registration of motorized play vehicles or motorized skateboards, the licensing of motorized play vehicle or skateboard operators, or the carrying of insurance covering accidents involving motorized play vehicles or motorized skateboards.

(c) It is unlawful for any person operating a motorized play vehicle or motorized skateboard not to obey the instructions of official traffic-control signals, signs and other traffic direction devices applicable to vehicles, unless otherwise directed by a police officer.

(Ord. No. 1079, § I, 1-6-98) 

Sec. 62-143. 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.

(Ord. No. 1079, § I, 1-6-98)

Sec. 62-144. Prohibited operation. 

No person shall operate a motorized play vehicle or motorized skateboard:

(a) On any sidewalk, 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 structure or town park, except for use on public roadways within such 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 or more marked traffic lanes, or having an established speed limit of greater than 25 miles per hour.

(e) On any private property of another, or any public property which is not held open to the public for vehicle use, without the written permission of the owner, the person entitled to immediate possession of the property, or the authorized agent of either.

(f) Within any path or lane that is designated as a bicycle lane or path by state or local authorities.

(Ord. No. 1079, § I, 1-6-98; Ord. No. 1255, § I, 3-28-00) 

Sec. 62-145. General operating restrictions. 

(a) No child under the age of 13 shall operate a motorized play vehicle or motorized skateboard.

(b) No person shall operate a motorized play vehicle or motorized skateboard in excess of the posted speed limit or at a speed greater than is reasonable and prudent under the circumstances then existing.

(c) The operator of a motorized play vehicle or motorized skateboard, approaching a sidewalk, bicycle path, bicycle lane, or multiuse path in order to cross such, shall yield the right-of-way to all other users.

(d) Reserved.

(e) No operator of a motorized play vehicle or motorized skateboard shall allow passengers when the motorized skateboard is in operation or motion.

(f) No person operating or riding upon a motorized play vehicle or motorized skateboard shall attach themselves or the motorized skateboard in any manner to any other vehicle.

(g) No person shall operate a motorized play vehicle or motorized skateboard while carrying any package, bundle or article which prevents the operator from keeping both hands upon the steering mechanism at all times.

(h) No person, other than the owner, shall operate a motorized play vehicle or motorized skateboard without the written permission of the owner.

(i) No person shall operate a motorized play vehicle or motorized skateboard that has been structurally altered from the original manufacturer's design. See June 8, 2004 amendment above

(j) No person shall operate a motorized play vehicle or motorized skateboard in a crosswalk.

(k) See June 8, 2004 amendment above

(Ord. No. 1079, § I, 1-6-98; Ord. No. 1255, § I, 3-28-00) 

Sec. 62-146. Operating restrictions on roadway. 

(a) A person operating a motorized play vehicle or 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, edge of the roadway or edge of a designated bicycle path or lane except under the following conditions and when the movement can be made in safety:
  1. If overtaking and passing a vehicle proceeding in the same direction.
  2. If preparing for a left turn at an intersection or into a private road 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 play vehicle or motorized skateboard is too narrow for a motorized play vehicle or motorized skateboard and a bicycle or another vehicle to travel safely side by side within the lane.
(b) No operator of a motorized play vehicle or 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 play vehicles or motorized skateboards on the roadway shall not ride more than two abreast.

(d) See June 8, 2004 amendment above

(Ord. No. 1079, § I, 1-6-98; Ord. No. 1255, § I, 3-28-00) 

Sec. 62-147. Required safety equipment. 

(a) No person shall operate a motorized play vehicle or 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 not sufficient light to render clearly discernible, persons or vehicles on the roadway.
  1. A head lamp shall emit a white light and be visible from the front at a distance no less than 500 feet.
  2. A rear red reflector shall be visible when illuminated by a vehicle head lamp from a distance of not less than 300 feet.
  3. A rear red lamp visible from a distance of 500 feet to the rear may be used in addition to the rear red reflector.
(b) No person shall operate a motorized play vehicle or motorized skateboard unless it is equipped with a brake which enables the operator to make a braked wheel(s) skid on pavement.

(c) Any operator of a motorized play vehicle or motorized skateboard under the age of eighteen years 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 play vehicle or motorized skateboard without wearing footwear. The footwear must have a sole and completely cover the feet and toes.

(e) The operator of a motorized play vehicle or motorized skateboard shall wear, at all times, protective glasses or goggles or a transparent face shield of a type approved for motorcycle or motor-driven cycle use.

(Ord. No. 1079, § I, 1-6-98) 

Sec. 62-148. Violations. 

Violations of this article are civil traffic violations and shall be prosecuted as provided in section 1-5 of this Code.

(Ord. No. 1079, § I, 1-6-98)