A. Scope: This section is applicable to the use and operation of small, motorized vehicles on the streets, sidewalks, city parks, and alleys within the city of Deming. The proliferation and operation of such small motorized vehicles has created safety concerns for operators, pedestrians and drivers of other larger vehicles within the city.
B. Definitions: As used in this section, the following definitions shall apply:
SMALL MOTORIZED VEHICLE: Any vehicle with one or more wheels, whether in tandem or otherwise, upon which one or more persons can stand, sit or otherwise position himself or herself, and which is powered by a gasoline motor (49 cubic centimeter displacement or less) or electric motor which cannot exceed a speed of thirty five (35) miles per hour. This specifically includes, but is not limited to, small vehicles commonly known as scooters.
C. Prohibition: It is unlawful for any person:
1. To operate any small motorized vehicle in or on the streets or alleys without a current driver's license and without a headlight and taillight; and
2. To operate any small motorized vehicle on the sidewalks of any business district within the city limits.
3. To operate any small motorized vehicle within a city park, unless designated, permitted by the city of Deming, or any handicap assistance vehicle, operating under subsection D of this section.
D. Exception: The provisions of this section shall not apply to handicap assistance vehicles operated by disabled persons on streets that do not have Americans with disabilities act compliant sidewalks.
E. Safety Requirements: Any person under the age of eighteen (18) must wear an approved safety helmet for motorized vehicles when operating a small motorized vehicle as described herein. No person shall carry any passenger under the age of eighteen (18) on any small motorized vehicle unless the passenger is wearing an approved safety helmet. Any handicap assistance vehicle, operating under subsection D of this section, must have an elevated safety flag attached.
F. Penalty: Any person violating the provisions of this section shall be punished as provided by section 1-4-1 of this code. (Ord. 1184, 2-9-2009)