(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly 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 and which is not otherwise defined in A.R.S. Title 28, as a motor vehicle, motor-driven cycle or motorized wheelchair.
MOTORIZED SKATEBOARD. A self-propelled device which has a motor or engine, 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, motor-driven cycle or motorized wheelchair.
OPERATOR. A person who operates or is in actual physical control of a motorized play vehicle or a motorized skateboard upon a public roadway, sidewalk, right-of-way, park, bicycle path or any other public property used for the operation of motor vehicles.
OWNER. A person who holds the legal title to a motorized play vehicle or motorized skateboard, or any person who is a lessee, conditional vendee or mortgagor of a motorized play vehicle or motorized skateboard with a right to immediate possession.
(B) Applicability of traffic laws.
(1) All traffic laws shall apply to persons riding motorized play vehicles and motorized skateboards. Every person operating a motorized play vehicle or motorized skateboard upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this state declaring rules of the road applicable to vehicles, or by the traffic regulations of this town applicable to the driver of a vehicle, except as to special regulations in this chapter and except as to those provisions which by their nature can have no application.
(2) This section shall not be construed to require the licensing or registration of motorized play vehicles or motorized skateboards, the licensing of motorized play vehicle or skateboard operators, or the carrying of insurance covering accidents involving motorized play vehicles or motorized skateboards.
(3) It is unlawful for any person operating a motorized play vehicle or motorized skateboard not to obey the instructions of official traffic-control signals, signs and other traffic direction devices applicable to vehicles, unless otherwise directed by a police officer.
(C) Responsibility of parents, guardians and custodians. No person shall, if a parent, guardian or custodian of a child, authorize or knowingly permit any child to violate this chapter.
(D) Prohibited operation. No person shall operate a motorized play vehicle or motorized skateboard:
(1) On any sidewalk, except for use in crossing the sidewalk by the most direct route to gain access to any public or private road or driveway;
(2) In any town parking structure or town park, except for use on public roadways within the park;
(3) On any public property that has been posted or designated by the owner of the property as an area prohibiting skateboards;
(4) On any public roadway consisting of a total of four or more marked traffic lanes, or having an established speed limit of greater than 25 mph;
(5) 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, the person entitled to immediate possession of the property, or the authorized agent of either; or
(6) Within any path or lane that is designated as a bicycle lane or path by state or local authorities.
(E) General operating restrictions.
(1) No child under the age of 13 shall operate a motorized play vehicle or motorized skateboard.
(2) No person shall operate a motorized play vehicle or motorized skateboard in excess of the posted speed limit or at a speed greater than is reasonable and prudent under the circumstances then existing.
(3) The operator of a motorized play vehicle or motorized skateboard, 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 operator of a motorized play vehicle or motorized skateboard shall allow passengers when the motorized skateboard is in operation or motion.
(5) No person operating or riding upon a motorized play vehicle or motorized skateboard shall attach himself or herself or the motorized skateboard in any manner to any other vehicle.
(6) No person shall operate a motorized play vehicle or motorized skateboard 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, other than the owner, shall operate a motorized play vehicle or motorized skateboard without the written permission of the owner.
(8) No person shall operate a motorized play vehicle or motorized skateboard that has been structurally altered from the original manufacturer’s design.
(9) No person shall operate a motorized play vehicle or motorized skateboard in a crosswalk.
(F) Operating restrictions on roadway.
(1) A person operating a motorized play vehicle or motorized skateboard on a roadway at less than the normal speed of traffic, at the time and place and under the then existing conditions, shall ride as close as practicable to the right-hand curb, edge of the roadway or edge of a designated bicycle path or lane except under the following conditions and when the movement can be made in safety:
(a) If overtaking and passing a vehicle proceeding in the same direction;
(b) If preparing for a left turn at an intersection or into a private road or driveway;
(c) If reasonably necessary to avoid hazardous conditions ahead in the roadway; or
(d) If the lane in which the person is operating the motorized play vehicle or motorized skateboard is too narrow for a motorized play vehicle or motorized skateboard and a bicycle or another vehicle to travel safely side by side within the lane.
(2) No operator of a motorized play vehicle or motorized skateboard 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.
(3) Persons operating motorized play vehicles or motorized skateboards on the roadway shall not ride more than two abreast.
(G) Required safety equipment.
(1) No person shall operate a motorized play vehicle or motorized skateboard without a head lamp emitting a beam and a red rear reflector anytime from sunset to sunrise, or any other time when there is not sufficient light to render clearly discernible persons or vehicles on the roadway.
(a) A head lamp shall emit a white light and be visible from the front at a distance no less than 500 feet.
(b) A rear red reflector shall be visible when illuminated by a vehicle head lamp from a distance of not less than 300 feet.
(c) A rear red lamp visible from a distance of 500 feet to the rear may be used in addition to the rear red reflector.
(2) No person shall operate a motorized play vehicle or motorized skateboard unless it is equipped with a brake which enables the operator to make a braked wheel(s) skid on pavement.
(3) Any operator of a motorized play vehicle or motorized skateboard under the age of 18 years being operated 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 inspected by the bicycle industry.
(4) No person shall operate a motorized play vehicle or motorized skateboard without wearing footwear. The footwear must have a sole and completely cover the feet and toes.
(5) The operator of a motorized play vehicle or motorized skateboard 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.
(1991 Code, § 12-2-17) (Ord. 145-2006, passed 3-14-2006) Penalty, see § 70.99