HomeMy WebLinkAboutORD1158ORDINANCE NO.1158
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA.AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 10
OFFENSES,BY ADDING A NEW ARTICLE 10-7 MOTORIZED SKATEBOARDS:REPEALING
ANY CONFLICTING PROVISIONS:PROVIDING FOR SEVERABILITY:AND PROVIDING
FOR PENALTIES.
WHEREAS,pursuant to Arizona Revised Statutes Annotated ("A.R.S.")§§ 9-240
and 9-276.Arizona municipalities have been granted the authority to control
and protect their streets and sidewalks,and to protect the citizens who use
them from injury:and
WHEREAS,pursuant to A.R.S.§ 9-276,Arizona municipalities have the
authority to define nuisances,provide for abatement thereof,and to impose
fines upon persons creating or continuing nuisances:and
WHEREAS,the widespread use of motorized skateboards on public and private
property within the city has become a significant problem,and depending on
the circumstances can constitute a nuisance.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That the Apache Junction City Code.Chapter 10 Offenses,be amended by adding
a new Article 10-7 Motorized Skateboards to read as follows:
Article 10-7 Motorized Skateboards
10-7-1 Purpose and Intent
10-7-2 Definitions
10-7-3 Prohibited Operation Locations
10-7-4 General Operating Restrictions
10-7-5 Responsibility of Parents,Guardians and Custodians
10-7-6 Required Safety Equipment
10-7-7 Penalty
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Section 10-7-1 Purpose and Intent
I t is the purpose and intent of this ordinance to regulate the safest
possible use of motorized skateboards.The unregulated use of motorized
skateboards threatens the health and welfare of not only the riders,but also
the general public.The impact of accidents involving motorized skateboards
is widespread because of the nature of their construction,the relatively
young age of operators and failure of many operators to use any type of
safety equipment.Regulating motorized skateboards is of utmost importance
to enhance the safety of the entire community.
Section 10-7-2 Definitions
In this article,unless the context otherwise requires:
A."MOTORIZED SKATEBOARD"means a self-propelled device which has an
affixed motor connected to a deck upon which a person may ride and has
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".
B."OPERATOR"means a person who operates or is in actual physical control
of 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.
C."OWNER"means a person who holds the legal title to a motorized
skateboard or any person who is a lessee,conditional vendee or
mortgagor of a motorized skateboard with a right to immediate
possession.
D."RESPONSIBLE PARTY"means an owner,occupant,lessor,lessee,manager,
licensee or other person having the right to .control such property.
E."RIGHT-OF-WAY"means all the property used as a public thoroughfare and
lying between the exterior boundary lines of any area granted to or
received by the city by grant,gift,easement,deed.dedication Or
operation of law for street,alley,walkway or utility purposes.
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.F."SIDEWALK"means that portion of a Street between the curb lines or the
lateral lines of a roadway and the adjacent property lines,intended
for use by pedestrians.
Section 10-7-3 Prohibited Operation Locations
No person shall operate a motorized skateboard in the following locations:
A.On any public sidewalk except when crossing a sidewalk to gain access
to any public or private road or driveway.
B.On any city property except On public roadways where the posted speed
limit is thirty (30)miles per hour or less.
C.On any public property that has been posted as an area in which the
operation of motorized skateboards is prohibited.'
D.On any private property without the written permission of the owner or
the owner's authorized agent,nor on public property that is not held
open to the public for vphicular,use.,
E.On any city right-ofway.,including city streets,roadways,and
alleyways,except ddi4ing:daylight hours and in no event before seven
(7:00)a.m.Mountain StOdard Time -or after eight (8:00)p.m.Mountain
Standard Time.••
Section 10-7-4 General Operating Restrictions
A.No person under the age of twelve (12)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 or in excess of the
posted speed limit.
C.In order to cross a sidewalk,bicycle path,bicycle lane,or multi -use
path,a person operating a motorized skateboard shall yield the right-
of-way to all other users.
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D.No person operating a motorized skateboard shall allow passengers to
ride on the motorized skateboard when the motorized skateboard is in
operation or in motion.
E.No person operating or riding upon a motorized skateboard shall attach
themselves 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 if carrying such object prevents the
operator from keeping both hands upon the steering mechanism at all
times.
G.No person operating a motorized skateboard shall:transport extra fuel
in a separate container on the motorized skateboard:or attach a
separate container with fuel to the operator's person:or alter the
fuel reservoir on the motorized skateboard from the original
manufacturer's design.
H.No person shall operate a motorized skateboard in a manner causing
excessive,unnecessary,or offensive noise that disturbs the peace and
quiet of any neighborhood or that would annoy a reasonable person.
I .No person shall operate a motorized skateboard that has been
structurally altered from the original manufacturer's design.
Section 10-7-5 Responsibility of Parents,Guardians and Custodians
A.The parent,guardian,or legal custodian of any minor or ward shall not
authorize or knowingly permit such minor or ward to violate any of the
provisions of this Article.
Section 10-7-6 Required Safety Equipment
A.No person shall operate a motorized skateboard at any time when there
is not sufficient light to render clearly discernible persons and
vehicles at a distance of five hundred. (500)feet ahead.
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B.No person shall operate 'a motorized skateboard unless the motorized
skateboard is 'equi004.with a brake that enables the operator to make a
braked wheel skid on pavement.
C.A person under the age of eighteen (18)years operating a motorized
skateboard on a roadway shall at all times wear a protective helmet on
his or her head in an appropriate and safely secured manner.
D.No person shall operate a motorized skateboard without wearing
footwear.The footwear must have a sole and completely cover the feet
and toes.
E.When operating a motorized skateboard,a person shall wear protective
glasses or goggles or a transparent face shield of a type approved for
motorcycle or motor -driven cycle use.
Section 10-7-7 Penalty
Violations of any of the sections of this Article concerning motorized
skateboards are designated as'civil traffic violations and are subject to the
same monetary penalties as civil traffic violations.
SECTION I I REPEALING ANY CONFLICTING PROVISIONS
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,phrase,clause or portion of this
ordinance,or any part of the 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 PROVIDING FOR PENALTIES
Violations of any of the sections of this Article concerning motorized
skateboards are designated as civil traffic violations and are subject to the
same monetary penalties as civil traffic violations.
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PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 16TH DAY OF SEPTEMBER,
2003.
SIGNED AND ATTESTED TO THIS 22ND DAY OF SEPTEMBER
2003.
DOUGLAS CNEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
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R.JOEL STERN
City Attorney
ORDINANCE NO.1158
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