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ORD 2026-09 Micromobility Devices TOWN OF TROPHY CLUB,TEXAS ORDINANCE NO. 2026-09 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 12, "TRAFFIC AND VEHICLES", ARTICLE 12.07, "MOTORIZED CARTS", SECTION 12.07.003, "OPERATIONAL REGULATIONS", OF THE CODE OF ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, TO ADD THE REQUIREMENT TO WEAR A HELMET; AND REPEALING AND REPLACING ARTICLE 12.06, "MOTOR-ASSISTED SCOOTERS, MINI-MOTORBIKES AND POCKET BIKES" WITH A NEW ARTICLE 12.06 "MICROMOBILITY DEVICES"; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00)FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the "Town"), is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS,the Town Council desires to update the Town's Code of Ordinances to provide and maintain the safety of citizens who use streets, sidewalks, and other public places of the Town; and WHEREAS,the Town Council finds it necessary for the protection of public safety to define what constitutes a"micromobility device" and a"bicycle" and to establish regulations that promote the safe use and operation of such devices; and WHEREAS,the Town Council finds and determines that the regulations proposed are in the best interest of and are necessary to protect the health, safety, and general welfare of the citizens of the Town and the general public. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,TEXAS,THAT: SECTION 1 INCORPORATION OF RECITALS The above and foregoing recitals are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2 Chapter 12, "Traffic and Vehicles", Article 12.07, "Motorized Carts", Section 12.07.003, "Operational regulations", of the Code of Ordinances, Town of Trophy Club, Texas, is hereby Ordinance No. 2026-09 Page 2 amended to add Subsection (j) to read as follows: "(j) All occupants of a motorized cart that are fourteen(14)years old or younger must be secured by a"Safety Belt" as that term is defined in Texas Transportation Code Sec. 545.412." SECTION 3 Chapter 12, "Traffic and Vehicles," Article 12.06, "Motor-Assisted Scooters, Mini- Motorbikes and Pocket Bikes", of the Code of Ordinances, Town of Trophy Club, Texas, is hereby repealed in its entirety and replaced with a new Article 12.06 to read as follows: "Article 12.06 Micromobility Devices § 12.06.001 Defmitions. When used in this article, the following words and phrases shall have the respective meanings ascribed to them: Bicycle. A human-powered vehicle with two wheels in tandem designed to transport by a pedaling action a person seated on a seat, and as further defined in Texas Transportation Code Ch. 541.201, as amended. Child. Any individual under fourteen(14) years of age. Daytime hours. The time period beginning one-half hour before sunrise and ending one-half hour after sunset. Electric bicycle. In accordance with Transportation Code 664.001(4): a bicycle equipped with fully operable pedals and an electric motor of fewer than 750 watts with a top assisted speed of 28 miles per hour or less. Helmet. Properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials,the Snell Memorial Foundation,or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. Micromobility device. Small,lightweight vehicles or devices incapable of operating at a top-assisted speed faster than 28 mph and driven by one person. These devices include, but are not limited to, electric bicycles, electric motor-assisted scooters, manual scooters, pocket bikes, mini-motorbikes, electric skateboards, segways, hoverboards, skateboards with one or more wheels, or similar devices. Gas-powered devices and Motorized Carts, as defined in Section 12.07.002, are not included in this definition. Motor-assisted scooter. The same meaning assigned by Texas Transportation Code section 551.301(2) [551.351(1)], as it exists or may be amended, and includes a self-propelled device with at least two (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. Ordinance No.2026-09 Page 3 Parent. The natural or adoptive parent or court-appointed guardian or conservator of a child. Pocket bike or mini-motorbike. Shall have the same meaning assigned by the Texas Transportation Code section 551.301, as it exists or may be amended, and includes a self-propelled vehicle that is equipped with an electric motor scooter or internal combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two (2) wheels in contact with the ground, has a seat or saddle for the use of the operator, is not designed for use on a highway, and is ineligible for a certificate of title under chapter 501 of the Texas Transportation Code, as it exists or may be amended; but does not include a moped, motorcycle, electric bicycle, motor-driven cycle, motorized mobility device, electric personal assistive mobility device or a neighborhood electric vehicle as those are defined in the Texas Transportation Code, as it exists or may be amended. Public way or public property. Real property owned, leased or controlled by the Town or a political subdivision of the state, a governmental entity or agency, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, dedicated open space, and a public park facility. Street(s). Shall have the same meaning assigned by Section 12.07.002, as amended. Wearing a helmet. That the person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. § 12.06.002 Operation. (a) Locations of use. (1) A micromobility device shall only be operated on a street, during daytime hours, except as otherwise provided herein, subject to the maximum posted speed limit. The operator of a micromobility device on a street shall obey all state and town traffic laws and ordinances. (2) A micromobility device shall only be operated on a public way or public property, subject to a maximum speed limit of fifteen (15) miles per hour. The operator of a micromobility device as provided in this paragraph shall obey all state and town traffic laws and ordinances. (3) It shall be unlawful for any person to operate or ride a micromobility device on any street, public way or public property within the town, except in accordance with the provisions of this article. (4) It shall be unlawful for a parent or guardian to allow or permit a child, or licensed minor, to operate or ride a micromobility device on any street,public way or public property, in violation of any provision of this article. (5) It shall be unlawful for a parent to allow a child,or licensed minor,to operate or ride a micromobility device in any area restricted or prohibited by this ordinance or any Ordinance No.2026-09 Page 4 other ordinance. (6) There is a presumption that a parent allowed a child, or licensed minor,to operate or ride a micromobility device on any street, public way or public property, and in any area restricted or prohibited by this ordinance or any other ordinance. (b) Safety requirements. The following criteria shall apply to operators of micromobility devices: (1) Helmets required. (A) It shall be unlawful for any child to operate or ride a micromobility device unless the child is wearing a helmet. (B) It shall be unlawful for a parent to knowingly allow or permit a child to operate or ride a micromobility device unless the child is wearing a helmet. (C) It is a defense to prosecution that the micromobility device was not being operated upon a street, public property or a public way at the time of the alleged offense. (2) All micromobility devices operated outside of daytime hours on a street,public way or public property must be equipped with a: (A) lamp on the front of the device that emits a white light visible from a distance of at least 500 feet in front of the device, and (B) red reflector on the back of the device that is visible when directly in front of lawful upper beams of motor vehicle headlamps from all distances from 50 to 300 feet to the rear of the device, or a lamp that emits a red light visible from a distance of 500 feet to the rear of the device. (3) Distracting devices prohibited. (A) The use of a handheld electronic device, including, but not limited to, a mobile phone or tablet, by a child while operating a micromobility device or bicycle on a street, public way or public property is prohibited. (B) The use of any device, including, but not limited to, headphones or earphones, by a child that inhibits or prevents the child from hearing approaching vehicles from any direction while operating or riding a micromobility device or bicycle on a street,public way or public property is prohibited. (4) Pedestrian safety. (A) An operator of a micromobility device or bicycle shall yield the right-of-way to pedestrians. Ordinance No. 2026-09 Page 5 (B) The operator of a micromobility device or bicycle shall slow to a safe speed and provide a verbal or audible warning to pedestrians from a reasonable distance before passing them. (5) Street- Interference with Motor Vehicles (A) It shall be unlawful for an operator of a micromobility device or bicycle to operate or ride a micromobility device or bicycle on a street in such a way as to obstruct, inhibit, or otherwise interfere with the movement of motor vehicle traffic." § 12.06.003 Penalty. It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision of this article shall be fined, upon conviction, not less than one dollar ($1.00) nor more than two hundred dollars ($200.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. To the fullest extent allowed by Texas law, a child who upon a second or subsequent offense violates any provision of this article may be required by the municipal court judge to attend a hearing with their parent before the municipal court judge. This ordinance shall be construed in compliance with Texas Penal Code 8.07, as applicable. SECTION 4 CUMULATIVE This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances,Town of Trophy Club,Texas,as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5 SEVERABILITY It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence,clause,or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional section,paragraph, sentence, clause or phrase. SECTION 6 PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined,upon conviction,in an amount Ordinance No.2026-09 Page 6 not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7 SAVINGS All rights and remedies of the Town are expressly saved as to any and all violations of the provisions of the Code of Ordinances,Town of Trophy Club, Texas, as amended or revised herein, or any other ordinances affecting the matters regulated herein that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,whether pending in court or not,under such ordinances,same shall not be affected by this Ordinance, but may be prosecuted until final disposition by the courts. SECTION 8 PUBLICATION The Town Secretary is hereby directed to publish in the official newspaper of the Town, the caption and penalty clause of this Ordinance as provided by the Town's Charter. SECTION 9 EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as provided by law, and it is so ordained. PASSED AND APPROVED ON THIS 23rd DAY OF FEB' ARY, 2026. grigt/i.i4 Jeann: �"r1 Ma 1r ATTEST: 10 Tammy Dixo Town Secretary �-iv 1 1955 APPROVED AS TO FORM: De oggia wn Attorney