§ 62-652. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Child means any individual less than 17 years of age.

Helmet means properly fitted protected 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.

Motor-assisted scooter shall have the same meaning assigned by the V.T.C.A., Transportation Code § 551.351, as it exists or may be amended, and includes a self-propelled device with at least two 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 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 and does not include a pocket bike or minimotorbike.

Parent means the natural or adoptive parent, court-appointed guardian or conservator of a child.

Pocket bike or minimotorbike shall have the same meaning assigned by the V.T.C.A., Transportation Code § 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 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 V.T.C.A., Transportation Code ch. 501, 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 means real property owned, leased or controlled by a political subdivision of the state, a governmental entity or agency, or similar entity, or a property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility.

Wearing a helmet means that the person has a helmet fastened securely to his head with the straps on the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection.

(Code 1982, § 18-300; Ord. No. 2003-11-102, § 2, 11-18-2003; Ord. No. 2005-10-096, § 2, 10-4-2005)