Number
041217
Version
ORIGINAL
Reference
Sponsor
ALD. DONOVAN, PUENTE, DUDZIK, BOHL, DAVIS, BAUMAN, ZIELINSKI, HAMILTON, WITKOWSKI AND D'AMATO
Title
An ordinance relating to the sale of motorized scooters.
Sections
105-46 cr
Analysis
This ordinance provides that businesses selling motorized scooters shall post at or near the display of motorized scooters a placard informing potential buyers that the operation of motorized scooters upon public roadways, bicycle ways and sidewalks is against the law and that motorized scooters may only be operated with permission on private property, and on private roads and driveways. In addition, businesses selling motorized scooters are required to obtain a signed statement from the buyer stating that the buyer is aware of the regulations restricting the operation of motorized scooters. The seller must retain the statement for at least one year from the date of the sale.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
PART 1. Section 105-46 of the code is created to read:
105-46. Sale of Motorized Scooters. 1. DEFINITION. In this section, "motorized scooter" means a vehicle which is designed and built to be stood or sat upon by the operator and that has 2 small-diameter wheels in tandem, upright t-shaped handlebars, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. For the purposes of this section, an electric personal assistive mobility device, a moped, a motor bicycle or a motorcycle, as defined under s. 340.01, Wis. Stats., is not a motorized scooter.
2. POSTING OF NOTICES TO BUYERS REQUIRED. Every retail commercial establishment selling motorized scooters shall have posted on the premises in a prominent and conspicuous manner at or near the display of such item a placard stating as follows: "IMPORTANT NOTICE TO POTENTIAL MOTORIZED SCOOTER BUYERS: The operation of motorized scooters upon public roadways, bicycle ways and sidewalks is against the law. Motorized scooters may only be operated with permission on private property, and on private roads and driveways."
3. SIGNED STATEMENT REQUIRED. Every retail commercial establishment selling motorized scooters shall obtain from every person buying a motorized scooter a signed statement on forms provided by the city clerk stating that the buyer is aware that motorized scooters cannot be operated within the city on public roadways, bicycle ways and sidewalks, as set forth in chs. 341 and 346, Wis. Stats., as amended. The seller must retain the statement for a period of not less than one year from the date of sale.
4. PENALTY. Any person convicted of violating any provision of this section, shall forfeit not less than $500 nor more than $5,000 per violation, or upon default of payment be imprisoned in the house of correction or the county jail for not more than 90 days or until such forfeiture costs are paid.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Safety Commission
Drafter
LRB04505-1
RGP
12/03/04