A. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD or JUVENILE. An individual who is under the age of 18 years.
CUSTODIAN. A person who has lawful custody of a child.
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 which has a motor, a deck on which a person may ride, and at least two wheels in contact with the ground, and which is not otherwise defined in A.R.S. Title 28, as amended, as a "motor vehicle," "motorcycle," "motor-driven cycle," or "motorized wheelchair."
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 rules of the road applicable to vehicles; and
b. The traffic laws of the city applicable to the driver of a vehicle.
2. This section shall not be construed to require the licensing or registration of motorized skateboards or motorized play vehicles, the licensing of motorized skateboard or motorized play vehicle operators, or the carrying of insurance covering accidents involving motorized skateboards.
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 a 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 city 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 number of the parent/guardian; and
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 City of Somerton. I have read and discussed with the minor the applicable laws of the State of Arizona and of this c0ity regarding the operations of motorized skateboards or 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 the 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 city parking structure or city park, except for use on public roadways within the 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 the property as an area in which the operation of motorized skateboards or motorized play vehicles 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 25 mph. At no time shall a motorized skateboard or motorized play vehicle operate on any portion of an arterial or main collector, except for use of crossing the street.
6. No person shall operate a skateboard or motorized play vehicle on a city right-of-way, including streets, roadways, and alleyways, except during daylight hours.
E. General operating restrictions.
1. No child under the age of 12 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 multi-use path in order to cross it, 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 skateboard or motorized play vehicle 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.
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 500 feet 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 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 inspection as approved by the bicycle industry and wear a reflective vest.
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.
G. Violations. Violations of this section are civil traffic infractions to which the provisions of § 11-7-1 shall apply.
(Ord. 282, passed 8-3-2004)