AGENDA CAPTION:
Title
Consider approval of Ordinance 2019-46, on the second of two readings, amending Chapter 82, Traffic and Vehicles, of the San Marcos City Code, by adding a new Article 9 that prohibits motor-assisted scooters on public property, streets and sidewalks; providing a savings clause; providing for the repeal of any conflicting provisions; providing for penalties; and providing an effective date.
Body
Meeting date: January 7, 2020
Department: General Services / Legal
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Fiscal Note:
Prior Council Action: outlined in background information below. Approved on first reading on December 17, 2019.
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Background Information:
• Texas Transportation Code Chapter 551.352. (b) states: “a county or municipality may prohibit the operation of a motor-assisted scooter on a street, highway, or sidewalk if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.”
• During the Council work session on April 2, 2019, the City Council (7-0) directed staff to draft an ordinance prohibiting the use of a motor-assisted scooter in the public right-of-way, including sidewalks and streets
– Staff conducted a peer review of cities in the central Texas region. Dripping Springs, New Braunfels, and Fredericksburg have successfully prohibited motor-assisted scooters in their respective municipalities
– The City’s legal team has reviewed these ordinances in drafting the City of San Marcos ordinance
– Link to video can be found here: <http://san-marcos-tx.granicus.com/MediaPlayer.php?view_id=9&clip_id=1325>
• During consideration of the ordinance on first reading on December 17, 2019, the City Council provided direction for staff as follows:
• Add a delayed enforcement period to the ordinance during which the City would conduct a public outreach campaign to notify the public of the requirements of the ordinance. The draft ordinance for second reading includes such a provision that allows for warnings, but no citations and no impoundments during the delay period. Staff seeks Council input regarding the appropriate length of the delay period before enforcement would begin. Thus, a motion will be needed to establish the beginning date for enforcement.
• Reduce the maximum fine for violations of the ordinance from $500 to $25. Staff has some concern that the reduced fine may be inadequate to discourage large national scooter rental companies from dumping scooters in the City. Thus, the draft ordinance provides two options from which the Council may select. Option 1 provides for a single maximum fine not to exceed $25 for all violations as directed by the City Council. Option 2 provides a tiered penalty under which large scooter rental companies may be fined up to $500, while individuals would be subject to a lesser fine not to exceed $25. A motion will be needed to approve the ordinance with either Option 1 or Option 2.
• Concerns were also expressed by the Council regarding impoundment of privately owned scooters. Staff believes that this concern may best be addressed through public outreach and education informing the public about the possibility of impoundment and where impounded scooters may be retrieved.
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Recommendation:
Staff recommends approval of the ordinance.