HomeMy WebLinkAboutOrdinance 7048Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7048
File Number: 2026-3494
AN ORDINANCE PERMITTING THE USE OF MOBILITY SCOOTERS ON CITY TRAILS BY
INDIVIDUALS WITH DISABILITIES BY ADDING A NEW § 71.172 MOBILITY SCOOTERS IN THE
FAYETTEVILLE CITY CODE
WHEREAS, many elderly individuals and individuals with disabilities rely on mobility scooters for transportation and
recreation; and
WHEREAS, exposure to extreme heat, cold, rain, and other weather conditions can create hardship and health risks for
individuals with mobility impairments; and
WHEREAS, enclosed mobility scooters provide greater protection from the elements and may improve independence
and quality of life; and
WHEREAS, reasonable regulations are necessary to ensure the safe operation of mobility devices on public trails.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 71.172 Mobility Scooters
in the Fayetteville City Code as follows:
“71.172 – Mobility Scooters.
A.Purpose. The purpose of this ordinance is to promote accessibility and mobility for elderly individuals
and individuals with disabilities by allowing the use of mobility scooters on designated city trails
while maintaining public safety and protecting trail infrastructure.
B.Definitions.
1.Mobility Scooter means a motorized device designed primarily for use by a single individual with
mobility impairments. Mobility scooters do not include golf carts or other comparable sized
vehicles.
2.Enclosed Mobility Scooter means a mobility scooter equipped with a protective enclosure
designed to shield the operator from weather conditions.
3.Qualified User means an individual with a mobility disability who uses a mobility device because
of that disability and who is entitled to use the device as a reasonable modification under the
Americans with Disabilities Act and applicable regulations.
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Ordinance: 7048
File Number: 2026-3494
Page 2
C.Authorized use.
1.Qualified users may operate mobility scooters, including enclosed mobility scooters, on city-
owned trails and multi-use pathways.
2.Law enforcement or authorized city personnel may ask for credible assurance that the mobility
scooter is required because of a disability. Credible assurance includes:
a.A valid, state-issued disability parking placard
b.Other state-issued proof of disability; or
c.A statement from the person that the mobility scooter is used because of a disability,
unless the person is observed doing something that contradicts this statement.
3.Mobility scooters shall yield the right-of-way to pedestrians, bicyclists, and emergency personnel.
D.Operating Requirements.
1.The maximum speed on trails shall not exceed 15 miles per hour.
2.Mobility scooters shall remain on designated paved or approved trail surfaces.
3.Operators shall exercise due care and operate in a manner that does not endanger other trail users.
4.Enclosed mobility scooters shall be equipped with:
a.Functional brakes:
b.Front and rear lights if operated during low-light conditions; and
c.Reflective materials visible from all sides.
E.Restrictions
1.Mobility scooters may not be operated recklessly or under the influence of alcohol or drugs.
2.No modifications may increase the vehicle's speed beyond the limit established in this ordinance.
3.The City may temporarily restrict access during emergencies, severe weather, maintenance
activities, or trail conditions that pose safety concerns.’
PASSED and APPROVED on October 20, 2026
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $279.68
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-3494
MEETING OF OCTOBER 20, 2026
TO: Mayor Rawn and City Council
THROUGH: Blake Pennington, Senior Assistant City Attorney
FROM: D'Andre Jones, Ward 1, Position 2
Monique Jones, Ward 4, Position 2
SUBJECT: An Ordinance permitting the use of mobility scooters on city trails
RECOMMENDATION:
Approve an Ordinance permitting the use of mobility scooters on City Trails.
BACKGROUND:
Many elderly individuals and individuals with disabilities rely on mobility scooters for transportation and
recreation. Exposure to extreme heat, cold, rain, and other weather conditions can create hardship and health
risks for individuals with mobility impairments.
DISCUSSION:
Enclosed mobility scooters provide greater protection from the elements and may improve independence and
quality of life. Reasonable regulations are necessary to ensure the safe operation of mobility devices on public
trails.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Agenda Request Form - CM Dr. Jones, 4. ORD - Permitting Use of Mobility Scooters on
City Trails by Individuals with Disabilities
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-3494
AN ORDINANCE PERMITTING THE USE OF MOBILITY SCOOTERS ON CITY TRAILS
BY INDIVIDUALS WITH DISABILITIES BY ADDING A NEW § 71.172 MOBILITY
SCOOTERS IN THE FAYETTEVILLE CITY CODE
WHEREAS, many elderly individuals and individuals with disabilities rely on mobility scooters for
transportation and recreation; and
WHEREAS, exposure to extreme heat, cold, rain, and other weather conditions can create hardship and
health risks for individuals with mobility impairments; and
WHEREAS, enclosed mobility scooters provide greater protection from the elements and may improve
independence and quality of life; and
WHEREAS, reasonable regulations are necessary to ensure the safe operation of mobility devices on
public trails.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new §
71.172 Mobility Scooters in the Fayetteville City Code as follows:
“71.172 – Mobility Scooters.
A. Purpose. The purpose of this ordinance is to promote accessibility and mobility for
elderly individuals and individuals with disabilities by allowing the use of mobility
scooters on designated city trails while maintaining public safety and protecting trail
infrastructure.
B. Definitions.
1. Mobility Scooter means a motorized device designed primarily for use by a single
individual with mobility impairments. Mobility scooters do not include golf carts or
other comparable sized vehicles.
2. Enclosed Mobility Scooter means a mobility scooter equipped with a protective
enclosure designed to shield the operator from weather conditions.
3. Qualified User means an individual with a mobility disability who uses a mobility
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Ordinance: 7048
File Number: 2026-3494
Page 2
device because of that disability and who is entitled to use the device as a reasonable
modification under the Americans with Disabilities Act and applicable regulations.
C. Authorized use.
1. Qualified users may operate mobility scooters, including enclosed mobility scooters,
on city-owned trails and multi-use pathways.
2. Law enforcement or authorized city personnel may ask for credible assurance that the
mobility scooter is required because of a disability. Credible assurance includes:
a. A valid, state-issued disability parking placard
b. Other state-issued proof of disability; or
c. A statement from the person that the mobility scooter is used because of a
disability, unless the person is observed doing something that contradicts this
statement.
3. Mobility scooters shall yield the right-of-way to pedestrians, bicyclists, and
emergency personnel.
D. Operating Requirements.
1. The maximum speed on trails shall not exceed 15 miles per hour.
2. Mobility scooters shall remain on designated paved or approved trail surfaces.
3. Operators shall exercise due care and operate in a manner that does not endanger
other trail users.
4. Enclosed mobility scooters shall be equipped with:
a. Functional brakes:
b. Front and rear lights if operated during low-light conditions; and
c. Reflective materials visible from all sides.
E. Restrictions
1. Mobility scooters may not be operated recklessly or under the influence of alcohol or
drugs.
2. No modifications may increase the vehicle's speed beyond the limit established in this
ordinance.
3. The City may temporarily restrict access during emergencies, severe weather,
maintenance activities, or trail conditions that pose safety concerns.’
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Ordinance: 7048
File Number: 2026-3494
Page 3
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
AN ORDINANCE PERMITTING THE USE OF MOBILITY SCOOTERS ON CITY TRAILS
BY INDIVIDUALS WITH DISABILITIES BY ADDING A NEW § 71.172 MOBILITY
SCOOTERS IN THE FAYETTEVILLE CITY CODE
WHEREAS, many elderly individuals and individuals with disabilities rely on mobility scooters
for transportation and recreation; and
WHEREAS, exposure to extreme heat, cold, rain, and other weather conditions can create
hardship and health risks for individuals with mobility impairments; and
WHEREAS, enclosed mobility scooters provide greater protection from the elements and may
improve independence and quality of life; and
WHEREAS, reasonable regulations are necessary to ensure the safe operation of mobility
devices on public trails.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new §
71.172 Mobility Scooters in the Fayetteville City Code as follows:
“71.172 – Mobility Scooters.
(A) Purpose. The purpose of this ordinance is to promote accessibility and mobility for
elderly individuals and individuals with disabilities by allowing the use of mobility
scooters on designated city trails while maintaining public safety and protecting trail
infrastructure.
(B) Definitions.
(1) Mobility Scooter means a motorized device designed primarily for use by a
single individual with mobility impairments. Mobility scooters do not include
golf carts or other comparable sized vehicles.
(2) Enclosed Mobility Scooter means a mobility scooter equipped with a
protective enclosure designed to shield the operator from weather conditions.
(3) Qualified User means an individual with a mobility disability who uses a
mobility device because of that disability and who is entitled to use the device
as a reasonable modification under the Americans with Disabilities Act and
applicable regulations.
(C) Authorized use.
(1) Qualified users may operate mobility scooters, including enclosed mobility
scooters, on city-owned trails and multi-use pathways.
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
(2) Law enforcement or authorized city personnel may ask for credible assurance
that the mobility scooter is required because of a disability. Credible assurance
includes:
(a) A valid, state-issued disability parking placard
(b) Other state-issued proof of disability; or
(c) A statement from the person that the mobility scooter is used
because of a disability, unless the person is observed doing
something that contradicts this statement.
(3) Mobility scooters shall yield the right-of-way to pedestrians, bicyclists, and
emergency personnel.
(D) Operating Requirements.
(1) The maximum speed on trails shall not exceed 15 miles per hour.
(2) Mobility scooters shall remain on designated paved or approved trail surfaces.
(3) Operators shall exercise due care and operate in a manner that does not
endanger other trail users.
(4) Enclosed mobility scooters shall be equipped with:
(a) Functional brakes:
(b) Front and rear lights if operated during low-light conditions; and
(c) Reflective materials visible from all sides.
(E) Restrictions
(1) Mobility scooters may not be operated recklessly or under the influence of
alcohol or drugs.
(2) No modifications may increase the vehicle's speed beyond the limit
established in this ordinance.
(3) The City may temporarily restrict access during emergencies, severe weather,
maintenance activities, or trail conditions that pose safety concerns.’
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849