A. Definitions:
MOTORIZED PLAY VEHICLES: A coaster, scooter, any other alternatively fueled device or vehicle, or other motorized vehicle that is self-propelled by a motor or engine, gas or electric, and which is not otherwise defined in Arizona Revised Statutes, title 28, as a "motor vehicle", "motorcycle", "motor driven cycle", "motorized wheelchair" or "electric personal assistive mobility device".
MOTORIZED SKATEBOARDS: A self-propelled device that has a motor, gas or electric, a deck on which a person may ride and at least two (2) tandem wheels in contact with the ground, and which is not otherwise defined in Arizona Revised Statutes, title 28, as a "motor vehicle", "motorcycle", "motor driven cycle", "motorized wheelchair" or "electric personal assistive mobility device".
B. Obedience To Traffic Laws:
1. Except as to those provisions of law which by their nature can have no application, any person operating a motorized skateboard or motorized play vehicle on a roadway or on any shoulder adjoining a roadway shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle by both:
a. The laws of this state declaring the rules of the road applicable to a vehicle; and
b. The traffic laws of the town applicable to the driver of a vehicle.
2. This section shall not be construed to require the licensing or registration of motorized skateboards, the licensing of motorized skateboard or motorized play vehicle operators or the carrying of insurance covering accidents involving motorized skateboards or motorized play vehicles.
C. Responsibilities Of Parents, Guardians, And Custodians:
1. The parent, guardian, or legal custodian of any minor or ward shall not authorize or knowingly permit such minor or ward to violate any of the provisions of this section.
2. No minor shall operate a motorized skateboard or motorized play vehicle on any town right of way, including streets, roadways, and alleyways, unless the minor possesses at all times while operating the motorized skateboard or motorized play vehicle a written consent of the minor's parent or legal guardian. The written consent shall be signed by the parent or legal guardian, whose signature shall be notarized and shall contain the following:
a. The name and date of birth of the minor.
b. The residence address of the minor and parent/guardian.
c. The residence and work telephone of the parent/guardian.
d. The following statement:
I am the parent/guardian of the minor named herein and hereby authorize said minor to operate a motorized skateboard or motorized play vehicle in the Town of Parker. I have read and discussed with said minor the applicable laws of the State of Arizona and of this Town regarding the operation of motorized skateboards and motorized play vehicles and have assured myself that said minor understands these regulations.
D. Operation Prohibited In Certain Areas And At Certain Times:
1. No person shall operate a motorized skateboard or motorized play vehicle on any sidewalk except for use in crossing such sidewalk to gain access to any public or private road or driveway.
2. No person shall operate a motorized skateboard or motorized play vehicle in any town parking structure or city park, except for use in public roadways within such park on which a motorized skateboard or motorized play vehicle is otherwise allowed.
3. No person shall operate a motorized skateboard or motorized play vehicle on any public property that has been posted or designated by the owner of such property as an area in which the operation of motorized skateboards or motorized play vehicle is prohibited.
4. No person shall operate a motorized skateboard or motorized play vehicle on any private property of another, or any public property which is not held open to the public for vehicle use without the written permission of the owner, or the owner's authorized agent.
5. No person shall operate a motorized skateboard or motorized play vehicle on any public roadway having a speed limit established greater than twenty five (25) miles per hour.
6. No person shall operate a motorized skateboard or motorized play vehicle on a town right of way, including streets, roadways, and alleyways, except during daylight.
E. General Operating Restrictions:
1. No child under the age of sixteen (16) shall operate a motorized skateboard or motorized play vehicle.
2. No person shall operate a motorized skateboard or motorized play vehicle in excess of the posted speed limit or at a speed greater than is reasonable and prudent under the circumstances then existing.
3. A person operating a motorized skateboard or motorized play vehicle, approaching a sidewalk, bicycle path, bicycle lane, or multiuse path in order to cross such, shall yield the right of way to all other users.
4. No person operating a motorized skateboard or motorized play vehicle shall allow passengers when the motorized skateboard or motorized play vehicle is in operation or motion.
5. No person operating or riding upon a motorized skateboard or motorized play vehicle shall attach themselves or the motorized skateboard or motorized play vehicle in any manner to any other vehicle.
6. No person shall operate a motorized skateboard or motorized play vehicle while carrying any package, bundle, or article which prevents the operator from keeping both hands upon the steering mechanism at all times.
7. No person operating a motorized skateboard or motorized play vehicle shall transport extra fuel in a separate container or alter the fuel reservoir from the original manufacturer's design. This includes the prohibition of physically attaching fuel packs or containers to the operator's person.
8. No person shall operate a motorized play vehicle in a manner causing excessive, unnecessary, or offensive noise which disturbs the peace and quiet of any neighborhood or which causes the discomfort or annoyance to a reasonable person of normal sensitivity.
9. No person shall operate a motorized skateboard or motorized play vehicle that has been structurally altered from the original manufacturer's design, including, but not limited to, the alteration or removal of any muffler.
F. Required Safety Equipment:
1. No person shall operate a motorized skateboard or motorized play vehicle at any time when there is not sufficient light to render clearly discernible persons and vehicles at a distance of five hundred feet (500') ahead.
2. No person shall operate a motorized skateboard or motorized play vehicle unless it is equipped with a brake, which enables the operator to make a braked wheel(s) skid on pavement.
3. A person under the age of eighteen (18) years operating a motorized skateboard or motorized play vehicle on a roadway shall at all times wear a protective helmet on his or her head in an appropriate and safely secured manner. The helmet shall meet minimum standards of testing and safety inspection type approved for bicycle use.
4. No person shall operate a motorized skateboard or motorized play vehicle without wearing footwear. The footwear must have a sole and completely cover the feet and toes.
5. A person operating a motorized skateboard or motorized play vehicle shall wear, at all times, protective glasses or goggles or a transparent face shield of a type approved for motorcycle or motor driven cycle use.
G. Merchant's Disclosure Requirements:
1. It is unlawful for a merchant to sell motorized skateboards or motorized play vehicles without making the disclosures required by this section.
2. Any merchant who sells motorized skateboards or motorized play vehicles within the Town limits of Parker shall:
a. Post, in a prominent place at each location where motorized skateboards or motorized play vehicles are on display, a notice stating the following:
Operation of motorized skateboards or motorized play vehicles is regulated by the Parker Town Code, Section 7-1-10.
b. Provide a copy of such notice and a copy of this section to each purchaser of a motorized skateboard or motorized play vehicle, either before or in connection with the purchase.
H. Providing Penalties For Violations Thereof:
1. Any person or entity that violates any provisions of this section is subject to a civil sanction pursuant to Arizona Revised Statutes title 28-626, or any successor, unless a code section defining a specific penalty to an offense provides otherwise.
2. Any person who violates any provision of this section shall be guilty of a civil offense, which shall be punishable by a minimum civil sanction of seventy five dollars ($75.00), plus any penalty assessments prescribed by this chapter. If a person is convicted of a second violation of this section within a period of twelve (12) months, the minimum civil sanction shall be a fine of one hundred dollars ($100.00), plus any penalty assessments prescribed by this chapter. If a person is convicted of a third or subsequent violation of this section within a period of twelve (12) months, the minimum civil sanction shall be a fine of one hundred twenty five dollars ($125.00), plus any penalty assessments prescribed by this chapter. The maximum civil sanction, which may be imposed under this section, shall be five hundred dollars ($500.00). (Ord. 04-2005, 9-6-2005)