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2436 - Ordinance FailedTHIS ORDINANCE WAS INTRODUCED BUT NO ACTION WAS TAKEN. ORDINANCE FAILED ORDINANCE NO. 2436 COUNIL MEMBER SHEPARD INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE TO AMEND THE BLAIR MUNICIPAL CODE, CHAPTER 5, ARTICLE 5 TO INCLUDE SECTION 5-516, A DEFINITION OF MOTORIZED SCOOTER; TO ADD SECTION 5-517 TO CREATE THE OFFENSE OF MOTORIZED SCOOTER OPERATION VIOLATION; AND TO PROVIDE AN EFFECTIVE DATE THEREOF AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. WHEREAS the City of Blair determined that it is in the public interest that the use and operation of Motorized Scooters in the City of Blair will assist in enhancing a shared active transportation system in the City and NOW THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS: Section 1. Chapter 5, Article 5, Section 5 of the Blair Municipal Code is hereby amended to include the following definition and read as follows: Sec. 5-516. Definition of Motorized Scooter Motorized Scooter. A device with an electric motor designed to transport only one person with at least two wheels in contact with the ground, propelled or with the capability to propel exclusively or in combination with the application of human power and which cannot attain a speed of more than fifteen (1) miles per hour on a paved level surface without the application of human power. Section 2. Chapter 5, Article 5, Section 5 of the Blair Municipal Code is hereby amended to include the following violations and read as follows: Sec. 5-517. Motorized Scooter Operation Violation It shall be unlawful for any person to operate a motorized scooter purposely or knowingly, as defined in Sec. 5-516, in violation of one or more of the following manners: (a) The operator of a motorized scooter shall obey all the traffic laws of the State ofNebraska and the City of Blair; (b) A motorized scooter shall not be operated on any sidewalk; (c) A motorized scooter shall not, at any time, impede the free flow of pedestrian traffic; (d) No one under the age of eighteen (18) shall operate a motorized scooter unless he or she has a valid operator's license or school permit: (e) No person shall rent a motorized scooter for a person under the age of eighteen or a person without a valid operator's license or a person without a school permit; (f) Only one person may operate a motorized scooter: (g) An operator of a motorized scooter shall have a valid driver's license or school permit; (h) A motorized scooter shall not operate on any street or highway where the speedlimit is greater than thirty-five miles per hour; (i) Drivers are prohibited from operating a motorized scooter while consuming any alcoholic beverage and the results of a preliminary breath test (PBT) shall be sufficient evidence to presume consumption: (j) Refusal to submit to a preliminary breath test (PBT) constitutes a separate offense; or (k) A motorized scooter shall not be parked in a way that blocks: Railroad tracks; Handicapped or prohibited parking; or �3) Vehicular driveways. (1) A person who violates any provision of this section shall be punished by a fine ofone-hundred dollars ($100.00) for each offense. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. This ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. PASSED AND APPROVED ON THE 9TH DAY OF MARCH 2021. CITY OF BLAIR, NEBRASKA RICHARD HANSEN, MAYOR ATTEST: BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) ss: WASHINGTON COUNTY ) BRENDAWHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of March 2021. BRENDA WHEELER, CITY CLERK