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Sec. 40-20. Recreational off-road vehicles in city parks; exception.
   (a)   Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      All-terrain vehicle (ATV) means a motor vehicle that:
      (1)   Is equipped with a seat for the use of the rider and a passenger, if the motor vehicle is designed by the manufacturer to transport a passenger;
      (2)   Has three or more wheels;
      (3)   Is not more than 50 inches wide; and
      (4)   Is not designed by the manufacturer for farming or lawn care.
      Recreational off-highway vehicle (ROV) and utility-type vehicle (UTV) means a motor vehicle that is:
      (1)   Equipped with a seat for the use of the rider and a passenger or, if the vehicle is designed by the manufacturer to transport a passenger;
      (2)   Designed to propel itself with four or more tires in contact with the ground;
      (3)   Designed by the manufacturer for off-highway use; and
      (4)   Not designed by the manufacturer for farming or lawn care.
      Recreational vehicle means a motor or electric vehicle that is:
      (1)   Equipped with a seat for the use of the rider and a passenger, if the vehicle is designed by the manufacturer to transport a passenger;
      (2)   Designed to propel itself with two or more tires in contact with the ground;
      (3)   Designed by the manufacturer for off-highway use;
      (4)   Not designed by the manufacturer primarily for farming or lawn care; or
      (5)   An electric- or gas-powered motorbike.
   (b)   Prohibited operation in city parks within city limits. It shall be unlawful for any person to operate a recreational off-road vehicle on the grounds of any city park located inside the city limits, except as provided in subsection (c) of this section.
   (c)   Exceptions. This section shall not apply to:
      (1)   Recreational off-highway vehicles used by:
         a.   City staff while performing duties related to a public service; or
         b.   Event organizers and staff when the vehicles are used to carry out essential functions in the preparation and breakdown of, or during, permitted community events;
      (2)   A motorized mobility device, as defined by Texas Transportation Code § 541.201; or
      (3)   An electric personal assistive mobility device, as defined by Texas Transportation Code § 551.201.
   (d)   Penalty. Any person violating this section shall be punished by a fine of not less than $50.00 nor more than $200.00.
(Ord. No. 051-2018, § 1, 10-23-2018)