(A) Purpose and intent. It is the purpose and intent of this enactment to provide for the regulation of motorized skateboards and motorized play vehicles in order to protect the safety of pedestrians, bicyclists, motor vehicle drivers and operators of motorized skateboards and motorized play vehicles alike. The increasing prevalence of motorized skateboards and growing concerns about their safe uses requires local regulation in order to protect the public safety. The state has granted municipalities express authority to regulate or prohibit the operation of motorized skateboards. Therefore, the Mayor and Council find it is in the public interest to prohibit the operation of motorized skateboards and motorized play vehicles except on private property.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
MOTORIZED PLAY VEHICLE. A coaster, scooter, any other alternatively fueled device or other motorized vehicle that is self-propelled by a motor or engine, gas or electric, and which is not otherwise defined in A.R.S. Title 28, as a MOTOR VEHICLE, MOTORCYCLE, MOTOR-DRIVEN CYCLE, MOTORIZED WHEELCHAIR or ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.
MOTORIZED SKATEBOARD. A self-propelled device that has a motor, gas or electric, a deck on which a person may ride and at least two tandem wheels in contact with the ground, and which is not otherwise defined in A.R.S. Title 28, as a MOTOR VEHICLE, MOTORCYCLE, MOTOR-DRIVEN CYCLE, MOTORIZED WHEELCHAIR or ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.
(C) Prohibited operation.
(1) No motorized skateboard or motorized play vehicle may be operated 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.
(2) No motorized skateboard or motorized play vehicle may be operated on any private property of another without the written permission of the owner, the person entitled to immediate possession of the property or the authorized agent of either.
(3) No person shall operate a motorized skateboard or motorized play vehicle on any private property in a manner causing excessive, unnecessary or offensive noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to a reasonable person of normal sensitivity.
(D) Responsibilities of parents, guardians and legal custodians.
(1) The parent, guardian or legal custodian of any minor shall not authorize or knowingly permit the minor to violate any of the provisions of this section.
(2) If a fine 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 and severally liable with the minor for payment of the fine, whether or not the parents or guardian knew of or anticipated a violation of this section.
(E) Violation declared civil traffic violation. Any violation of this section is punishable as a civil traffic violation pursuant to § 10.99.
(Prior Code, Ch. 17, Art. I, § 17-2) (Ord. 370-05, passed 3-21-2005) Penalty, see § 10.99