(A) No person shall operate a motorized play vehicle on any public sidewalk, roadway, or any other part of a highway, or on any bikeway, bicycle path or trail, equestrian trail, or shared-use path. Motorized play vehicles may be operated on any private property open to the public, including but not limited to schools, churches, apartment complexes, or businesses, with the written permission of the owner, the person entitled to immediate possession of the property, or the authorized agent of either.
(B) The parent, guardian, or legal custodian of a minor shall not authorize or knowingly permit the minor to violate this section. If a sanction is imposed upon a minor who is found to be in violation of this section, the parents or legal guardian having custody or control of the minor shall be jointly an severally liable with the minor for payment of the sanction whether or not the parents or guardian knew of, or anticipated, a violation of this section.
(C) It is unlawful for a merchant to sell motorized skateboards or motorized play vehicles without making the disclosures required by this section. Any merchant who sells motorized skateboards or motorized play vehicles within the city shall:
(1) Post, in a prominent place at each location where motorized skateboards or motorized play vehicles are on display, a notice to the effect that operation of motorized skateboards or motorized play vehicles is prohibited:
(a) On any public sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or shared-use path in the City of El Mirage; and/or
(b) On any private property open to the public, including but not limited to schools, churches, apartment complexes, or businesses without the written permission of the owner, the person entitled to immediate possession of the property, or the authorized agent of either.
(2) Provide a copy of the notice to each purchaser of a motorized skateboard or motorized play vehicle, either before or in connection with the purchase.
(D) It is unlawful for any person to operate a motorized play vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination of liquor, drugs, or vapor releasing substances if the person is impaired to the slightest degree. A person by operating a motorized play vehicle within the city is deemed to have impliedly consented to the administration of a chemical test of the person’s blood or breath for the purpose of determining the alcoholic or drug content of that person’s blood, and upon request of the arresting officer shall have the test performed.
(Prior Code, § 13-2-15) (Ord. O16-11-10, passed 11-1-2016) Penalty, see § 71.99