Sec. 37-291. - Responsibility of parents and guardians.
Sec. 37-292. - Applicability of article.
Sec. 37-293. - Clinging to moving vehicles.
Sec. 37-294. - Motorized skateboards and scooters.
Secs. 37-295—37-320. - Reserved.
Sec. 37-291. - Responsibility of parents and guardians.
The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this article.
(Code 1968, § 37-69)
State law reference— Similar provisions, 21 Del. C. § 4192(a).
Sec. 37-292. - Applicability of article.
This article, applicable to bicycles or motorcycles, shall apply whenever a bicycle or motorcycle is operated upon any street or highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated in this article.
(Code 1968, § 37-70; Ord. No. 93-046, § 1(dd), 7-8-93)
State law reference— Similar provisions as to bicycles only, 21 Del. C. § 4193.
Sec. 37-293. - Clinging to moving vehicles.
It shall be unlawful for any person traveling upon any bicycle, motorcycle, coaster, sled, roller skates or any toy vehicle to cling to or attach himself or his vehicle to any other moving vehicle upon any roadway.
(Code 1968, § 37-68)
State law reference— Similar provisions, 21 Del. C. § 4195.
Sec. 37-294. - Motorized skateboards and scooters.
(a)
Definition. Motorized skateboard or scooter means any device that is designed to travel on at least two wheels with the deck or chassis of such device open and close to the ground, that has handlebars or a hand controlled throttle or brake, that is designed to be stood or sat upon by the operator, and that is powered by a motor that is capable of propelling the device without human propulsion. Motorized skateboard or scooter shall not include any automobile or device that is included within the definition of moped, motorcycle, off highway vehicle, any type of tractor, triped, motorized wheelchair or electric personal assistive mobility device.
(b)
Operation of motorized skateboards or scooters upon public highways, streets, sidewalks, or right-of-way. Motorized skateboards or scooters shall not be operated upon a public highway or street or sidewalk or right-of-way thereof, located in the city except under the following conditions:
(1)
A motorized skateboard or scooter may be pushed across or along such public way provided such motorized skateboard or scooter is in neutral or that the power train is otherwise disengaged, and further provided that such use shall be in conformance with this title.
(2)
A motorized skateboard or scooter may be operated in a street or highway located within the city for a special event of limited duration, conducted according to a pre-arranged schedule only under permit from the department having jurisdiction.
(3)
A person who violates this subsection shall be subject to the penalties imposed by state law.
(c)
Operation on public or private property. A person shall not operate a motorized skateboard or scooter upon any property in either public or private ownership without the express permission of the person in control of the property or knowingly in violation of any restrictions imposed on such use by the person in control of the property.
(d)
Careless operation or excessive rate of speed. A person shall not operate a motorized skateboard or scooter in a careless or imprudent manner or at a rate of speed greater than is reasonable and prudent under the conditions or without having regard to actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance.
(e)
Operation while under the influence or with a prohibited alcohol content. A person shall not operate a motorized skateboard or scooter while under the influence of alcohol, any drug, or with prohibited alcohol content as defined in 21 Del. C. § 4177.
(1)
When such operation is upon private property with the expressed permission of the person in control of the property or such operation is not upon public property, a public highway or street or sidewalk or right-of-way thereof, the penalty provisions of this section shall apply.
(2)
The provisions of this subsection, or any other statute to the contrary notwithstanding, all provisions of 21 Del. C. § 4177 and provisions of the Delaware Code related thereto shall be applicable to the operation of a motorized skateboard or scooter while under the influence of alcohol, any drug or with a prohibited alcohol content as defined in 21 Del. C. § 4177 when such operation is upon private property without the express permission of the person in control of the property or such operation is upon public property, a public highway or street or sidewalk or right-of-way thereof, located within the city.
(f)
Operation in a manner causing damage or disturbance.
(1)
A person shall not operate a motorized skateboard or scooter in a manner to cause damage to property of another person or in a manner to endanger, disturb or annoy another person. Disturbance or annoyance of another person shall be presumed if the operator has received either verbally or in written form, notice of such annoyance or disturbance from the complaining party. However, nothing in this subsection shall be construed as prohibiting the operation of motorized skateboards or scooters at a track or park designed for the lawful operation of said devices.
(2)
The operator of the motorized skateboard or scooter shall be held liable for any damage to property of another person. However, if the operator is a minor, the parents or legal guardian of the operator shall be held personally liable for any and all damage and/or injuries, including civil or criminal liability, caused by the minor in the operation of the motorized skateboard or scooter.
(3)
The owner of such private property may recover from the person responsible, nominal damages of not less than the amount of the damage or injury caused by operation of the motorized skateboard or scooter.
(g)
Operators must obey the commands to stop. It shall be unlawful for any operator of a motorized skateboard or scooter to willfully disobey a signal to bring such motorized skateboard or scooter to a stop when such signal is given by hand, voice, emergency lights, siren or other visual or audible signal by a uniformed law-enforcement, police, peace or environmental protection officer acting in the lawful performance of duty.
(h)
Operation by minors, incompetent persons or persons under mental or physical disabilities.
(1)
A person less than 12 years of age may operate a motorized skateboard or scooter only if:
a.
The person is under the direct supervision of a person who is at least 18 years of age; or
b.
The person is on land owned by or under the control of the person's parent or legal guardian.
(2)
Persons 12 years of age or older may operate a motorized skateboard or scooter without adult supervision provided such use is in compliance with all other provisions of this chapter.
(3)
A parent or legal guardian shall not permit a child under the age of 12 to operate a motorized skateboard or scooter except under the direct supervision of an adult.
(4)
The owner of a motorized skateboard or scooter shall not permit:
a.
A device to be operated by a person under the age of 12, except under direct adult supervision.
b.
The device to be operated by a person who is incompetent to operate such a vehicle because of mental or physical disability or because of being under the influence of alcohol, any drug, or with a prohibited alcohol content as defined in 21 Del. C. § 4177.
(i)
Helmet requirements.
(1)
A person under 16 years of age shall not operate, ride upon or ride as a passenger, any motorized skateboard or scooter, unless that person is wearing a properly fitted and fastened helmet which meets or exceeds the standard of the American National Standards Institute (ANSI 790.4 Helmet Standard or subsequent standard) or the Snell Memorial Foundation's 1984 Standard (or subsequent standard) for Protective Headgear for Use in Bicycling.
(2)
Any parent or legal guardian who fails to cause that parent or legal guardian's child to wear a helmet, as provided in this subsection, shall be subject to the fines imposed by state law.
(3)
The requirements of this subsection shall apply at all times while a motorized skateboard or scooter is being operated on any property open to the public or used by the public for pedestrian and vehicular purposes.
(4)
Failure to wear a helmet as herein described shall not be considered evidence of either comparative or contributory negligence in any civil suit arising out of any accident in which a person under 16 years of age is injured, nor shall failure to wear a helmet be admissible as evidence in the trial of any civil action.
(j)
[Statement from purchaser.] Any person or business within the city selling a new or used motorized scooter as defined in subsection (1) must obtain a signed, witnessed statement from the purchaser, stating that the purchaser is aware that motorized scooters cannot be operated within the city on public highways or sidewalks, as set forth in this section. The seller must retain the document for a period of not less than three years from the date of sale.
(k)
Enforcement of section. Any law enforcement, peace, police or environmental protection officer acting in the lawful performance of duty, shall be empowered to enforce this section. Whenever any motorized skateboard or scooter is used in violation of this section, it may forthwith be seized and taken into custody by the peace officer(s) having knowledge of the facts of such use. Any costs associated with any such seizure shall be paid by the operator or owner of such motorized skateboard or scooter, unless the operator or owner is found not guilty of the offense charged.
(l)
Violation and penalties. Any person convicted of violation of any provision of this section shall be subject to the penalties imposed by state law.
(m)
Conflicts with other ordinances. Should any provision of this section conflict with other ordinances, the provisions or requirements of this section shall apply. The provisions of this subsection or any other provision of this section notwithstanding, nothing in this subsection or any other provision of this section shall be deemed to preclude prosecution under any other provision of the City Code or state code.
(Ord. No. 04-062(sub 1), § 1, 9-2-04; Ord. No. 04-086, § 1, 1-20-05)