AGENDA CAPTION:
Title
Consider approval of Ordinance 2020-28, on the first of two readings, 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; providing a savings clause; providing for the repeal of any conflicting provisions; providing for penalties; and providing an effective date.
Body
Meeting date: May 5, 2020
Department: General Services / Legal
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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
• On December 17, 2019, Council approved the first reading of an ordinance prohibiting the use of motor-assisted scooters in the public right-of-way, including sidewalks and streets, and provided direction for staff as follows:
• Add a delayed enforcement period to the ordinance
• conduct a public outreach campaign
• Reduce the maximum fine for violations of the ordinance from $500 to $25 for private use
• On January 7, 2020, during consideration of the (amended per direction above) ordinance on second reading, the City Council postponed this item.
• On March 24, 2020 a Work Session was held and Council provided direction to staff to bring an Ordinance forward that includes the following elements:
• Prohibits Commercial Scooter Dumping or use
• Allow Private Scooter ownership and use
• Considers a future pilot program
The attached ordinance:
• Prohibits the placement, abandonment or use of motor-assisted scooters owned by commercial scooter companies on public property, streets and sidewalks;
• Establishes the City’s impoundment authority and penalties for illegal motor-assisted scooters;
• Remains silent on privately-owned scooters and use;
• Makes an exception for commercial scooters provided under a city-approved pilot program
• Requires two (2) readings
• Takes effect after second reading approval and publication
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Recommendation:
Staff recommends approval of the ordinance.