§ 16-8-22 BICYCLE RIDING ON SIDEWALKS . (A) Except as provided in Subsection (B), a person may ride a bicycle on a sidewalk.
(B) A person may not ride a bicycle on a sidewalk on the following streets:
(1) 100-1100 blocks of Congress Avenue;
(2) 1900-2500 blocks of Guadalupe Street;
(3) 100-1100 blocks of Brazos Street;
(4) 200-1100 blocks of Colorado Street;
(5) from the 200 block of West 2nd to the 300 block of East 2nd Street;
(6) from the 900 block of West 5th to the 800 block of East 5th Street;
(7) from the 700 block of East 6th Street to the 1000 block of West 6th Street;
(8) from the 100 block of West 8th Street to the 200 block of East 8th Street;
(9) from the 100 block of West 9th Street to the 200 block of East 9th Street;
(10) from the 200 block of West 11th Street to the 200 block of East 11th Street;
(11) from the 200 block of West 15th Street to the 200 block of East 15th Street.
(Ord. 020418-39)
§ 16-8-40 HELMET REQUIRED .
(A) A child may not operate or ride on a bicycle or in any sidecar,
trailer, child carrier, seat, or other device attached to a bicycle
unless the child is wearing a helmet.
(B) A parent may not permit a child to operate or ride on a bicycle or
in any side car, trailer, carrier, seat or other device attached to a
bicycle unless the child is wearing a helmet.
(Ord. 960509-O; Am. Ord. 971002-C) Penalty, see § 16-8-42
§
16-8-41 SALE OR LEASE OF BICYCLE BY DEALER. (A) A dealer may not sell a
bicycle, bicycle sidecar, trailer, or child carrier unless the dealer
provides a written statement to the purchaser advising of the terms of
this article. The statement shall be in a form promulgated by the Chief
of Police. On request, the Chief of Police shall provide a sample of
the required form to a dealer. However, printing and distribution of
copies shall be at the dealer's expense.
(B) A dealer may not lease a bicycle to a person for use by a child unless the dealer:
(1) provides a helmet for the use of each child who will operate or ride on the bicycle; or
(2) determines that each child who will operate or ride on the bicycle has a helmet available.
A dealer may impose an additional fee for use of a helmet if the dealer sells or leases a helmet to a bicycle lessee.
(Ord. 960509-O; Am. Ord. 971002-C) Penalty, see § 16-8-42
§
16-8-42 PENALTY. (A) A person commits an offense if the person performs
an act prohibited by this article or fails to perform an act required
by this article. An offense under this article is a class C
misdemeanor, punishable by a fine not to exceed $20 on a first
conviction and a fine not to exceed $40 on a subsequent conviction.
(B) The Municipal Court may dismiss a charge against a person for an offense under Section 16-8-40 on receiving proof that:
(1) the defendant acquired a helmet for the child who was operating or riding in violation of Section 16-8-40; and
(2) the defendant acquired the helmet on or before the 30th day after receiving the citation for the violation.
(C) The purpose of this article is to encourage the use of helmets.
In
keeping with that purpose, the municipal courts are urged to consider
deferred dispositions under Article 45.54 of the Texas Code of Criminal
Procedure whenever the circumstances warrant deferred dispositions.
(Ord. 960509-O; Am. Ord. 971002-C)
§
16-1-13 DRIVING VEHICLES UPON, IN OR ACROSS BICYCLE LANES . (A) A
person may not drive a motor-propelled vehicle in, upon, or across a
bicycle lane, except to enter a driveway, building, or alley, or to
park the vehicle, or to leave a parking space. (B) Subsection (A) does
not apply to a bicycle, a scooter, or other similar vehicle that is
equipped with an electric motor that is capable of propelling the
bicycle, scooter, or vehicle at a maximum speed of 20 miles per hour.
(C) A person may not drive onto or cross a bicycle lane as permitted by
this section without first yielding the right-of way, if necessary, to
avoid collision or interference with bicycle traffic. ('81 Code, §
11-2-14) (Am. Ord. 000608-83) Penalty, see § 1-1-99 [Note that it's
perferctly legal for cars to park in bike lanes, unless there are signs
that specifically prohibit parking.]
SECTION 6.
Subchapter A, Chapter 502, Transportation Code,
is amended by adding Section 502.0075 to read as follows:
Sec. 502.0075. ELECTRIC BICYCLES. (a) In this section,
"electric bicycle" has the meaning assigned by Section 541.201.
(b) This chapter does not require the owner of an electric
bicycle to register the electric bicycle.
SECTION 7.
Section 541.201, Transportation Code, is amended
by amending Subdivisions (10) and (11) and adding Subdivision (24)
to read as follows:
(10) "Motor-driven cycle" means a motorcycle equipped
with a motor that has an engine piston displacement of 250 cubic
centimeters or less. The term does not include an electric
bicycle.
(11) "Motor vehicle" means a self-propelled vehicle or
a vehicle that is propelled by electric power from overhead trolley
wires. The term does not include an electric bicycle.
(24) "Electric bicycle" means a bicycle that:
(A) is designed to be propelled by an electric
motor, exclusively or in combination with the application of human
power;
(B) cannot attain a speed of more than 20 miles
per hour without the application of human power; and
(C) does not exceed a weight of 100 pounds.
M E M O R A N D U M
Austin Police Department Office of the Chief
TO: All Commanders FROM: Cathy Ellison, Assistant Chief DATE: August
24, 2003 SUBJECT: Electric Bicycles/Scooters in Bicycle Lanes
It has come to our attention that officers may be issuing warnings
and/or citations to persons operating an electric scooter or electric
bicycle in a bicycle lane. The City Code allows the following types of
vehicles to operate in a bicycle lane: a bicycle, a scooter, or other
similar vehicle that is equipped with an electric motor that is capable
of propelling the bicycle, scooter, or vehicle at a maximum speed of 20
miles per hour.
The city code section that applies is Section 16-1-13
"§ 16-1-13 DRIVING VEHICLES UPON, IN OR ACROSS BICYCLE LANES.
(A) A person may not drive a motor-propelled vehicle in, upon, or
across a bicycle lane, except to enter a driveway, building, or alley,
or to park the vehicle, or to leave a parking space.
(B) Subsection (A) does not apply to a bicycle, a scooter, or other
similar vehicle that is equipped with an electric motor that is capable
of propelling the bicycle, scooter, or vehicle at a maximum speed of 20
miles per hour.
(C) A person may not drive onto or cross a bicycle lane as permitted by
this section without first yielding the right-of way, if necessary, to
avoid collision or interference with bicycle traffic."
Please forward this information to the supervisors in you area so
patrol officers are aware that these vehicles may use the bicycle
lanes.
(Effective
September 1, 2003) Section 19.07, Chapter 551 of the Texas
Transportation Code, is amended by adding Subchapter D to read as
follows:
SUBCHAPTER D. NEIGHBORHOOD ELECTRIC VEHICLES AND MOTOR-ASSISTED SCOOTERS
Sec. 551.301. DEFINITIONS. In this subchapter:
(1) "Neighborhood electric vehicle" means a vehicle subject to Federal
Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500).
(2) "Motor assisted scooter" means a self-propelled device with:
(A) at least two wheels in contact with the ground during operation;
(B) a braking system capable of stopping the device under typical operating conditions;
(C) a gas or electric motor not exceeding 40 cubic centimeters;
(D) a deck designed to allow a person to stand or sit while operating the device; and
(E) the ability to be propelled by human power alone.
Sec. 551.302. OPERATION ON ROADWAY.
(a) A neighborhood electric vehicle or motor assisted scooter may be
operated only on a street or highway for which the posted speed limit
is 35 miles per hour or less. The vehicle may cross a road or street at
an intersection where the road or street has a posted speed limit of
more than 35 miles per hour.
(b) A person may operate a motor assisted scooter on a path set aside
for the exclusive operation of bicycles or on a sidewalk. Except as
otherwise provided by this section, a provision of this title
applicable to the operation of a bicycle applies to the operation of a
motor assisted scooter.
(c) A county or municipality may prohibit the operation of a
neighborhood electric vehicle or motor assisted scooter on any street
or highway if the governing body of the county or municipality
determines that the prohibition is necessary in the interest of safety.
(d) The department
may prohibit the operation of a neighborhood electric vehicle or motor
assisted scooter on a highway if it determines that the prohibition is
necessary in the interest of safety.
(e) A provision of this title applicable to a motor vehicle does not apply to a motor assisted scooter.
