Sec. 70-7. - Prohibited motorized devices upon roadways.

(a)

It shall be unlawful for any person to operate a motorized device on any public sidewalk, street or roadway. For the purposes of this section, a "motorized device" means a device which may be propelled by human power or helper power or by both, with a motor rated not more than 1½ brake horsepower or two (S.A.E.) horsepower, which is capable of a maximum speed of not more than 30 miles per hour, except vehicles moved exclusively by human power, electric personal assistive mobility devices, including Segways and motorized wheelchairs.

(b)

Any person convicted of willfully violating this section shall for the first offense be subject to a fine not to exceed $100.00 and/or a requirement to perform community service for a total time not to exceed 20 hours over a period not to exceed 30 days during times other than his or her hours of school attendance and employment. For the second offense, he/she/they shall be subject to a fine of $200.00 and/or community service and for the third and any subsequent offense, be subject to a fine of $300.00 and/or community service, provided however that in the event that there are no offenses in three successive years from the date of the last offense, then the next offense shall be treated as a first offense.

(Ord. of 8-23-04)