Sec. 31-71. Helmets required.

   (a)   A person who is under age 18 must wear a helmet when riding an e-scooter on a public street, right-of-way, or bicycle path in the County.

   (b)   The helmet must be approved by the Snell Memorial Foundation or the American National Standards Institute, or other institution that the Director of Transportation determines meets an equivalent standard. (2022 L.M.C., ch. 28, § 1.)

Sec. 31-72. Registration of e-scooters for personal use.

   (a)   Any County resident who owns an e-scooter for personal use in the County may voluntarily:

      (1)   register the e-scooter with the Montgomery County Police Department by:

         (A)   completing a form provided by the County Executive or designee; and

         (B)   paying a registration fee, if any;

      (2)   have a legible County registration decal on the e-scooter; and

      (3)   remove the County registration decal when the e-scooter is sold, transferred, or dismantled.

   (b)   E-scooter registration under this Section is not transferable.

   (c)   A person, other than the owner, must not remove a County registration decal from an e-scooter.

   (d)   The County Executive may set e-scooter registration fees by Method (3) Regulation. (2022 L.M.C., ch. 28, § 1.)

Sec. 31-73. Registration of e-scooter fleets.

   (a)   Applicability. This Section only applies to a company that owns an e-scooter fleet provided for shared use.

   (b)   Registration. The owner of 2 or more e-scooters for rent in the County must register the e-scooter fleet with the Department of Transportation by:

      (1)   completing a form provided by the County Executive or the Executive’s designee; and

      (2)   paying a registration fee.

   (c)   The owner of an e-scooter fleet operating in the County must ensure that each e-scooter has the following information visible:

      (1)   e-scooter company name;

      (2)   unique identifier for each e-scooter; and

      (3)   contact information for the e-scooter company.

   (d)   E-scooter registration under this Section is not transferable.

   (e)   The Executive may set e-scooter registration fees by Method (3) Regulation or through a memorandum of understanding between the Department of Transportation and the owner of an e-scooter fleet. (2022 L.M.C., ch. 28, § 1.)

Sec. 31-74. E-scooter operation and parking requirements.

   (a)   Minimum age. A person under the age of 14 must not operate an e-scooter.

   (b)   Maximum speed. A person must not operate an e-scooter at a speed greater than 15 miles per hour.

   (c)   Reflectors required.

      (1)   Every e-scooter operating in the County must have:

         (A)   a lamp on the front that emits a white light visible from at least 500 feet to the front; and

         (B)   a red reflector on the rear visible from all distances from 600 feet to 100 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle.

      (2)   In addition to, or instead of, the reflector required in subsection (c)(1)(B), an e-scooter may have a functioning lamp that acts as a reflector and emits a red light or a flashing amber light visible from at least 500 feet to the rear.

   (d)   Parking requirements.

      (1)   An e-scooter must be parked in a standing upright position.

      (2)   Unless otherwise prohibited by law that specifically prohibits parking on a sidewalk, a person may park an e-scooter:

         (A)   in the street buffer zone, which is located between the sidewalk and curb;

         (B)   in the frontage zone, which is located between the sidewalk and right-of-way line;

         (C)   in the curbside zone, which is located on-street, if:

            (i)   corrals or demarcated spaces are available; or

            (ii)   if there is no sidewalk or street buffer zone

         (D)   on a residential street that permits on-street parking; and

         (E)   in a designated location as determined by the Director of the Department of Transportation.

      (3)   A person must not park an e-scooter:

         (A)   on a sidewalk that is 5 feet in width or narrower;

         (B)   in a driveway without the permission of the owner of the driveway;

         (C)   in an area reserved for sidewalk dining;

         (D)   in a transit zone, including bus stops, shelters, and passenger-waiting areas, except at designated areas within a transit zone, as determined by the Director;

         (E)   in a loading zone;

         (F)   in a parking zone dedicated to accessible parking;

         (G)   in a bicycle lane;

         (H)   in a manner that impedes access to a doorway, gate, or other entrance or exit;

         (I)   in a manner that reduces the pedestrian zone to less than 4 feet or that otherwise prohibits the free flow of pedestrian traffic; or

         (J)   in a manner that interferes with places of access for persons with disabilities as required by the Americans with Disabilities Act. (2022 L.M.C., ch. 28, § 1.)

Sec. 31-75. Enforcement

   (a)   The enforcement provisions in this Section are in addition to the enforcement provisions of Article VII of this Chapter.

   (b)   The fine for a person’s first violation of a helmet requirement of this Article must be waived if:

      (1)   the person charged:

         (A)   is a minor; and

         (B)   produces proof that the person has obtained a helmet for the person’s use; or

      (2)   the person charged:

         (A)   is the parent or guardian of a minor; and

         (B)   produces proof that the person has obtained a helmet for use by that minor.

   (c)   Penalty. The penalty for a violation of the helmet requirement in this law must be a Class C civil violation.

   (d)   Impoundment.

      (1)   The County Police Department may impound any unregistered e-scooter that is provided for rent until the e-scooter is properly registered.

      (2)   The County police must give an impounding receipt to the owner or operator of the unregistered e-scooter that is provided for rent. If an unregistered e-scooter provided for rent is impounded, the County police must hold an unregistered e-scooter provided for rent until it is:

         (A)   registered;

         (B)   donated to a non-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code in the discretion of the Chief Administrative Officer if reasonable attempts to locate the owner are unsuccessful; or

         (C)   disposed of in the manner provided for abandoned motor vehicles under Section 31-63. (2022 L.M.C., ch. 28, § 1.)

Sec. 31-76. Parental responsibility.

   A parent or guardian of a minor must not knowingly allow that minor to violate this Article. (2022 L.M.C., ch. 28, § 1.)

Sec. 31-77. Evidence of negligence.

   Failure of a person to use a helmet as required by this Article, or evidence that a parent or guardian of a minor knowingly allowed the minor to violate a helmet requirement of this Article, must not:

   (a)   be considered evidence of negligence;

   (b)   be considered evidence of contributory negligence;

   (c)   limit liability of a party or an insurer; or

   (d)   diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle. (2022 L.M.C., ch. 28, § 1.)