Ord 2020-028/amending Chapter 82, Traffic and Vehicles, of the San Marcos City Code, by adding a new Article 9 that prohibits the placement and use of Motor-Assisted Scooters owned by Commercial Scooter Companies on public property, streets and sidewalks

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(4) a motor -assisted scooter authorized under a pilot program approved by the city. Sec. 82.297. Definitions. Impoundment or impound as used in this article means removal by the city of a motor -assisted scooter to a temporar stege location or designated impound facility• Motor -assisted scooter means 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. Scooter company means any person, business organization or entity that operates a scooter sharing business or service by which motor -assisted scooters are made available to the public for short-term use or rental. Sec. 82.298. Offenses. (a) Placement on Public ProperLy prohibited. It is an offense for any scooter company, or any employee, contractor, agent or other representative acting on behalf of a scooter company, to abandon, place, or leave behind any motor - assisted scooter on any public property, public park (including natural areas and open spaces), public sidewalk, public way, public street, or public highway within the city, or on any -owned property located outside the corporate limits of the city. A violation of this subsection is a misdemeanor offense punishable by a fine Lip to $2,000.00. b) Use prohibited. It is an offense for anv person to operate a motor - assisted scooter that is owned, controlled, or managed by, or on behalf of, a scooter company on any public property, public park (including natural areas and open spaces), public sidewalk, public way, public street, or public highway within the city, or on any -owned property located outside the corporate limits of the city. A violation of this subsection is a misdemeanor offense punishable by a fine up to $50.00. (c) Each violation under this section constitutes a separate offense. Sec. 82.299. Impoundment. (a) The city may impound any motor -assisted scooter owned, controlled, or managed by, or on behalf of, a scooter company found unattended on an public property, public park including natural areas and open spaces), public sidewalk,