Loading...
(a) Notwithstanding Tucson Code Chapter 20, Article I, Sec. 30(C)(1), an electric scooter, when operated as a shared mobility device as part of an authorized mobility share program, is granted all of the rights and is subject to all the duties applicable to a bicycle rider under state and local law, except as provided herein.
(b) It is unlawful for a person under the age of sixteen (16) to operate an electric scooter pursuant to this article.
(c) It is unlawful for a person under the age of eighteen (18) to operate an electric scooter pursuant to this article unless the person is wearing a properly fitted and fastened helmet which meets the current standards of the American National Standards Institute for protective headgear.
(Ord. No. 11583, § 2, 9-5-18; Ord. No. 11779, § 1, 9-9-20)
(a) The penalty for a violation of this article shall be as follows:
(1) Any mobility share entity or an employee of a mobility share entity who commits, causes, permits, facilitates, or aids or abets any violation of, or who fails to perform any act or duty required by, this article is responsible for a civil infraction and is subject to a civil sanction of not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00).
(2) Any user of a shared mobility device who commits a violation of, or who fails to perform any act or duty required by, this article is responsible for a civil traffic violation punishable by a mandatory minimum fine of twenty-five dollars ($25.00).
(3) Each day any violation of any provision of this article or the failure to perform any act or duty required by this article exists shall constitute a separate violation or offense.
(Ord. No. 11583, § 2, 9-5-18; Ord. No. 11779, § 1, 9-9-20)
(a) Any law enforcement officer or any other employee of the city with the authority to issue civil infraction or civil traffic citations may enforce the provisions of this article. This section is not intended to create or expand the authority of any department to perform acts that are otherwise prohibited by law.
(b) Any shared mobility device operated in violation of this article may be seized and impounded under the direction of the police department. Upon impound, TDOT shall cause the mobility share entity having ownership of the shared mobility device, if known, to be notified in writing of the removal, the reason therefor, and the place to which the shared mobility device is removed to, within a period of three (3) days of the impound date. If the mobility share entity is not known or not readily ascertainable, TDOT shall make available to the public a written report of the complete description of the shared mobility device, the date, time and place from which removed, the reasons for such removal, and the name of the garage or place where the shared mobility device is stored. The shared mobility device may be recovered upon compliance with this article and payment of all costs of removal, storage and any assessments provided for pursuant to the applicable mobility share program rules, provided this is done within sixty (60) days following date of impoundment. The city, upon order of the city magistrate, may dispose of or destroy any shared mobility device not claimed nor made to comply with the provisions of this article within a period of sixty (60) days.
(Ord. No. 11583, § 2, 9-5-18; Ord. No. 11779, § 1, 9-9-20)
(a) Jurisdiction of all proceedings to enforce the provisions of this chapter shall be in the city court of the city.
(b) Civil infraction proceedings to enforce this chapter may be adjudicated by a magistrate or a special limited magistrate.
(Ord. No. 11583, § 2, 9-5-18; Ord. No. 11779, § 1, 9-9-20)
(a) Any civil infraction proceedings to enforce the provisions of this chapter shall be commenced and summons shall be issued in accordance with the procedures set forth in Arizona Revised Statutes, city ordinance, or as provided in the Local Rules of Practice and Procedure - City Court - City of Tucson. If the city is unable to personally serve the complaint, the complaint may be served in the same manner prescribed for alternative methods of service by the Arizona Rules of Civil Procedure or by certified or registered mail, return receipt requested.
(b) All complaints for civil traffic violations of this article shall be issued and adjudicated in accordance with the Arizona Rules of Procedure in Civil Traffic Violation Cases and applicable state and local law.
(Ord. No. 11583, § 2, 9-5-18; Ord. No. 11779, § 1, 9-9-20)