ARTICLE 13-5
Motorized Skateboards
Section
13-5-1 Purpose and definition
13-5-2 Prohibited operation
13-5-3 Operating restrictions
13-5-4 Required safety equipment
13-5-5 Parental responsibility
13-5-6 Violations
13-5-7 Merchant disclosure requirements
13-5-1 PURPOSE AND DEFINITION.
(A) Purpose. To provide for the regulation of motorized skateboards, establish safety guidelines for protective equipment to minimize injury, and develop safety education for the operation of motorized skateboards.
(B) Definition. MOTORIZED SKATEBOARD. A self propelled device that has a motor, gas or electric, a deck on which a person may ride and at least two tandem wheels in contact with the ground, and 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".
(Ord. 05-936, passed 2-28-2005)
13-5-2 PROHIBITED OPERATION.
No person shall operate a motorized skateboard:
(A) On any sidewalk in the city, except in crossing a sidewalk by the most direct route to gain access to a road or driveway.
(B) In any city parking structure or city park, except on public roadways within the park.
(C) On any public property that has been posted as an area prohibiting skateboards.
(D) On any street, roadway, or highway with a posted speed limit of greater than 25 miles per hour.
(E) On any public property which is not held open to the public for vehicular use.
(F) On any private property of another without the written permission of the owner, the person entitled to immediate possession of the property, or any authorized agent of either.
(G) On a public right of way, including streets, roadways, and alleyways, except during the hours of dusk to dawn.
(H) Who is under the age of 14.
(I) Who is under the age of 18 on any public property or right of way unless the person has in their possession written consent signed by their parent or legal guardian, whose signature shall be notarized, and such consent shall contain the following:
(1) Name and date of birth of the operator;
(2) Home address of the operator and the parent of guardian;
(3) Home and work telephone number of the parent or guardian; and
(4) The following statement:
I am the parent (or legal guardian) of (insert name of operator) and authorize him/her to operate a motorized skateboard in the City of Goodyear. I have read and discussed with him/her the regulations regarding the operation of motorized skateboards in Goodyear (Goodyear City Code Article 13-5) and have assured myself that the operator understands these regulations.
(Ord. 05-936, passed 2-28-2005)
13-5-3 OPERATING RESTRICTIONS.
(A) No person shall operate a motorized skateboard in excess of the posted speed limit or at a speed greater than is reasonable and prudent under the circumstances then existing and in no event greater than 25 miles per hour.
(B) The operator of a motorized skateboard crossing a sidewalk or bicycle path or lane shall yield the right of way to all other users.
(C) Motorized skateboards may be operated on a path or lane designated as a bicycle path or lane. However, motorized skateboard operations shall yield at all times to other users.
(D) No motorized skateboard shall be used to carry passengers when it is in operation or motion.
(E) No person operating a motorized skateboard shall attach themselves in any manner to any other vehicle or person.
(F) No person shall operate a motorized skateboard while carrying any package, bundle or article which prevents the operator from keeping both hands on the steering mechanism at all times.
(G) No person shall operate a motorized skateboard that has been structurally or mechanically altered from the original manufacturer’s design unless such alteration reduces the noise level emitted from the motorized play vehicle or motorized skateboard below the noise level emitted by the original manufacturer’s design.
(H) No person shall operate a motorized skateboard in a crosswalk.
(I) No operator of a motorized skateboard shall transport extra fuel in a separate container or alter the fuel reservoir from the original manufacturer’s design.
(J) Persons operating motorized skateboards on a roadway shall not ride more than two abreast.
(K) A motorized skateboard shall ride as close as practicable to the right hand curb or edge of the roadway except when passing other vehicles, preparing for a left turn, or when reasonably necessary to avoid hazardous conditions.
(L) It is unlawful for any person to operate a motorized skateboard upon any street or highway within the city while under the influence of an alcoholic beverage or any drug or the combined influence of an alcoholic beverage or drug. A person by operating such vehicle upon the street or highway within the city is deemed to have impliedly consented to the administration of a chemical test of the person’s blood or breath for the purpose of determining the alcoholic or drug content of that person’s blood, and upon request of the arresting officer shall be punished by a fine according to § 18-1-2 of this code.
(Ord. 05-936, passed 2-28-2005)
13-5-4 REQUIRED SAFETY EQUIPMENT.
(A) No person shall operate a motorized skateboard unless it is equipped with a brake that enables the operator to make a braked wheel(s) skid on a dry pavement.
(B) Any person under the age of 18 operating a motorized skateboard on a roadway shall at all times wear a protective helmet in an appropriate and safely secured manner. The helmet shall meet minimum standards of testing and safety inspection by the bicycle industry.
(C) No person shall operate a motorized skateboard without wearing footwear. The footwear must have a sole and completely cover the feet and toes.
(D) The operator of a motorized skateboard shall wear at all times protective glasses, goggles or a transparent face shield.
(Ord. 05-936, passed 2-28-2005)
13-5-5 PARENTAL RESPONSIBILITY.
No person shall, if a parent, guardian or custodian of a child under 18 years of age, authorize or knowingly permit the child to violate this article.
(Ord. 05-936, passed 2-28-2005)
13-5-6 VIOLATIONS.
Violations of this article are designated civil traffic violations per Article 1-8 of this code and shall be prosecuted and punished in the same manner as provided by law for other civil traffic violations.
(Ord. 05-936, passed 2-28-2005)
13-5-7 MERCHANT DISCLOSURE REQUIREMENTS.
(A) It is unlawful for a merchant to sell motorized skateboards without making the disclosures required by this section.
(B) Any merchant who sells motorized skateboards or motorized play vehicle within the city limits shall:
(1) Post, in a prominent place at each location where motorized skateboards or motorized play vehicles are on display, a notice to the effect that operation of motorized skateboards and motorized play vehicles is prohibited:
(a) On any public sidewalk, roadway with a posted speed exceeding 25 miles per hour or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or shared use path in the city limits; and
(b) On any private property of another without the written permission of the owner, the person entitled to immediate possession of the property, or the authorized agent of either.
(2) Provide a copy of such notice to each purchaser of a motorized skateboard or motorized play vehicle, either before or in connection with the purchase.
(3) The definition of "motorized skateboard" contained in § 13-5-1 of this code shall also apply to this section.
(4) Unless otherwise specifically stated in this article, any violation of this section is punishable as a civil infraction violation pursuant to § 18-1-2 of this code.
(Ord. 05-936, passed 2-28-2005)