HomeMy WebLinkAboutOrdinance No. 20340ORDINANCE NO. 20340
AN ORDINANCE CONCERNING MOTORIZED TRANSPORTATION
DEVICES AND MOTOR ASSISTED SCOOTER SALES; AMENDING
SECTIONS 4.990, 5.010, AND 5.990 OF THE EUGENE CODE, 1971;
AND ADDING NEW SECTIONS 4.979 AND 5.160 TO THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. A new Section 4.979 is added to the Eugene Code, 1971, to provide:
4.979 Motor
(2)
(3)
Assisted Scooter Sales.
It is unlawful for a merchant to sell a motor assisted scooter without
making the following disclosures:
(a) Motor assisted scooters cannot be operated at a speed greater
than 15 mph.
(b) You must be 16 years of age to operate a motor assisted scooter.
(c) Anyone operating a motor assisted scooter must wear protective
headgear.
(d) Motor assisted scooters are prohibited on sidewalks.
(e) Motor assisted scooters can only be operated on streets with speed
limits of 25 mph or less or in a bicycle lane.
(f) Motor assisted scooters are prohibited on all city owned off-street
bicycle and pedestrian paths or trails.
A merchant who sells motor assisted scooters must post, in a prominent
place at each location where motor assisted scooters are on display, a
notice setting forth the above-listed restrictions on motor assisted scooter
use and must provide a copy of such notice to each purchaser of a motor
assisted scooter, either before or in connection with the purchase.
"Motor assisted scooter" means a vehicle that is designed to be operated
on the ground with not more than three wheels; has handlebars and a foot
support or a seat for the operator's use; can be propelled by motor or
human propulsion; is equipped with a power source that is incapable of
propelling the vehicle at a speed of greater than 24 miles per hour on level
ground; and has a combustion engine power source with a piston or rotor
displacement of 35 cubic centimeters or less regardless of the number of
chambers in the power source or an electric power source that has a
power output of not more than 1,000 watts.
Section 2. Subsection (1) of Section 4.990 of the Eugene Code,
amended by inserting the following penalty in numerical order therein:
1971, is
Ordinance
4.990 Penalties - Specific.
(1) Violation of the following sections is punishable by fine or confinement in
jail, or both, up to the amounts indicated opposite each:
Section Penalty
4.979 500 fine
Section 3. Section 5.010 of the Eugene Code, 1971 is amended by adding a
definition of "Motorized transportation device" in alphabetical order therein, to provide:
5.010 Definitions. In addition to those definitions contained in ORS Chapters 801 to
825, and Chapter 153, the following words or phrases, except where the context
clearly indicates a different meaning shall mean:
Motorized transportation device. Any vehicle that is not propelled
exclusively by human power, including but not limited to, an electric assisted
bicycle (when not being operated by human propulsion), an electric personal
assistive mobility device, a moped, a motor assisted scooter, a motor vehicle, a
motorcycle, a motorized skateboard, any similar vehicle that operates without
human propulsion.
Section 4. A new Section 5.160 is added to the Eugene Code, 1971, to provide:
5.160
Unlawful Use of Motorized Transportation Device.
(1) No motorized transportation device may be operated on any city owned
off-street bicycle or pedestrian path or trail, unless exempt. A motorized
transportation device is exempt from this provision if it is used as a
mobility aid by a person with a mobility impairment, used by a person with
express permission from the City, or used by a City employee or agent in
the course of City business.
(2) No person shall operate a motorized transportation device in a manner
causing excessive, unnecessary, or offense noise which disturbs the
peace and quiet of any neighborhood or which causes discomfort or
annoyance to a reasonable person of normal sensitivity.
Section 5. Subsection (2) of Section 5.990 of the Eugene Code, 1971, is
amended to provide:
5.990 Penalties - Specific.
(2) Violation of sections 5.060 to 5.160, subsections (1) and (2) of section
5.225, 5.540, 5.555, and subsections (3) and (4) of section 5.980 is punishable by fine
not to exceed $100.00.
Ordinance - 2
Section 6. The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, '197'1 to the provisions added,
amended or repealed herein.
Passed by the City Council this
28th day of February, 2005
Approved by the Mayor this
4th day of March, 2005
/si Mary H. Feldman
City Recorder
Is~ Kitty Pierc¥
Mayor
Ordinance - 3