§ 19-125. Definitions.

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

Custodian. The natural or adoptive parents or court-appointed guardian or conservator of a child.

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, Department of Transportation, or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet.

Motor-assisted scooter. 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 not exceeding forty (40) cubic centimeters, 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. (V.T.C.A., Transportation Code § 551.301(2))

Play vehicles. Devices that are motor propelled, electrically propelled or combination motor- and human-powered designed to transport one (1) or more persons from one point to another and which do not meet the requirements for registration as a vehicle under Texas law and thus are not suitable for use on any public right of way, roadway, public road or highway.

Public way or public property. Real property owned, leased or controlled by a political subdivision of the state, a governmental entity or agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, an alley, street or highway, street, road, walk, sidewalk, municipal parks or public places.

Wearing a helmet. 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.

All-terrain vehicle. A motor vehicle that is: (a) equipped with a saddle for the use of the rider; (b) designed to propel itself with three (3) or four (4) tires in contact with the ground; (c) designed by the manufacturer for off-highway use by the operator only; and (d) not designed by the manufacturer for farming or lawn care (V.T.C.A., Transportation Code § 663.001(1)).

(Ord. No. 2005-O-076, § 1, 4-18-05)