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ORDINANCE NO. 2020-28 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING CHAPTER 82, TRAFFIC AND <br />VEHICLES, OF THE SAN MARCOS CITY CODE, BY ADDING A NEW <br />ARTICLE 9 THAT PROHIBITS THE PLACEMENT AND USE OF <br />MOTOR -ASSISTED SCOOTERS OWNED BY COMMERCIAL SCOOTER <br />COMPANIES ON PUBLIC PROPERTY, STREETS AND SIDEWALKS; <br />PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF <br />ANY CONFLICTING PROVISIONS; PROVIDING FOR PENALTIES; <br />AND PROVIDING AN EFFECTIVE DATE. <br />RECITALS: <br />The City Council hereby finds and determines that the adoption of this ordinance is in the <br />interest of the public health, welfare and safety. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. The Recitals are incorporated into this ordinance by reference as findings of <br />fact for all purposes. <br />SECTION 2. Chapter 82, Traffic and Vehicles, of the San Marcos City Code, is amended <br />by adding a new Article 9, Motor -Assisted Scooters, as set forth below. Added text is indicated by <br />underlining. <br />ARTICLE 9. MOTOR -ASSISTED SCOOTERS OWNED OR <br />OPERATED BY SCOOTER COMPANIES. <br />Sec. 82.295. Purpose. <br />This article is established to enhance public safety y restricting the <br />widescale placement and use of motor -assisted scooters owned by scooter <br />companies within certain public areas of the city and on city -owned property. <br />Sec. 82.296. Applicability. <br />This article does not apply to: <br />(1) a moped or motorcycle; <br />(2) a motor -assisted bice <br />(3) a motorized mobility device designed for transportation of persons <br />with physical disabilities as defined under Section 552A.0101 of the Texas <br />Transportation Code; or <br />