HomeMy WebLinkAboutOrdinance 5758ORDINANCE NO. 5758
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING
§ 71.016 INSURANCE REQUIREMENTS FOR MOTORIZED BICYCLES,
MOTOR SCOOTERS AND MOPEDS
WHEREAS, the City of Fayetteville has seen a rapid increase in the number of gasoline
powered motorized bicycles, as defined by Ark. Code Ann. § 27-20-101, which are also
commonly known as motor scooters or mopeds, operating on the public streets of Fayetteville
and, despite the increased risk of injury to their operators and others on or near the roads, there is
no uniform requirement in the State of Arkansas regarding insurance for these vehicles; and
WHEREAS, the City of Fayetteville seeks to be proactive in promoting the public health
and welfare of all persons who operate motorized bicycles, which are becoming more prevalent
in the City, and other vehicles which operate upon the City's public roadways; and
WHEREAS, the City of Fayetteville also has a vested interest in protecting and
promoting the public health and welfare of pedestrians, cyclists and all others in the general
vicinity of the public streets on which motor scooters and mopeds are operating; and
WHEREAS, this ordinance regulates only gasoline powered motor scooters and mopeds,
and does not in any way regulate or restrict the operation of bicycles or other forms of
transportation that are operated by manual, battery or electric power.
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 enacts § 71.016
Insurance Requirements for Motorized Bicycles, Motor Scooters and Mopeds as shown
below:
"§ 71.016 Insurance Requirements for Motorized Bicycles, Motor Scooters
and Mopeds
(A) Definition. A motorized bicycle means every bicycle with an automatic
transmission and a gasoline powered motor which does not displace in excess
of fifty cubic centimeters (50 cc) as defined by Arkansas Code Annotated §
27-20-101, et seq., which includes but is not limited to those vehicles
commonly known as motor scooters and mopeds.
Page 2
Ordinance No. 5758
(B) Required Insurance. Any person operating a motorized bicycle, motor scooter
or moped upon Fayetteville streets or highways must have a valid and in force
property liability insurance policy insuring such operation in an amount of at
least $25,000.00."
PASSED and APPROVED this 7th day of April, 2015.
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
f (479) 575-8323
Text File
File Number: 2014-0437
Agenda Date: 4/7/2015 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: B. 1
File Type: Ordinance
AMEND § 71.016 INSURANCE REQUIREMENTS FOR MOTORIZED BICYCLES, MOTOR
SCOOTERS AND MOPEDS:
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING § 71.016
INSURANCE REQUIREMENTS FOR MOTORIZED BICYCLES, MOTOR SCOOTERS AND
MOPEDS
WHEREAS, the City of Fayetteville has seen a rapid increase in the number of gasoline powered
motorized bicycles, as defined by Ark. Code Ann. § 27-20-101, which are also commonly known as
motor scooters or mopeds, operating on the public streets of Fayetteville and, despite the increased risk
of injury to their operators and others on or near the roads, there is no uniform requirement in the State
of Arkansas regarding insurance for these vehicles; and
WHEREAS, the City of Fayetteville seeks to be proactive in promoting the public health and welfare of
all persons who operate motorized bicycles, which are becoming more prevalent in the City, and other
vehicles which operate upon the City's public roadways; and
WHEREAS, the City of Fayetteville also has a vested interest in protecting and promoting the public
health and welfare of pedestrians, cyclists and all others in the general vicinity of the public streets on
which motor scooters and mopeds are operating; and
WHEREAS, this ordinance regulates only gasoline powered motor scooters and mopeds, and does not
in any way regulate or restrict the operation of bicycles or other forms of transportation that are operated
by manual, battery or electric power.
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 enacts § 71.016 Insurance
Requirements for Motorized Bicycles, Motor Scooters and Mopeds as shown below:
"§ 71.016 Insurance Requirements for Motorized Bicycles, Motor Scooters and Mopeds
(A) Definition. A motorized bicycle means every bicycle with an automatic transmission and a gasoline
powered motor which does not displace in excess of fifty cubic centimeters (50 cc) as defined by
Arkansas Code Annotated § 27-20-101, et seq., which includes but is not limited to those vehicles
commonly known as motor scooters and mopeds.
City of Fayetteville, Arkansas Page 1 Printed on 9/30/2015
File Number. 2014-0437
(B) Required Insurance. Any person operating a motorized bicycle, motor scooter or moped upon
Fayetteville streets or highways must have a valid and in force property liability insurance policy
insuring such operation in an amount of at least $25,000.00."
City of Fayetteville, Arkansas Page 2 Printed on 9/30/2015
AGENDA REQUEST FORM
FOR: COUNCIL MEETING OF December 16, 2014
FROM:
CITY COUNCIL MEMBER Alan Long
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING §
71.016 INSURANCE REQUIREMENTS FOR MOTORIZED BICYCLES,
MOTOR SCOOTERS AND MOPEDS
APPROVED FOR AGENDA:
Assistant C
(as to form)
Alan Long
Attorney Blake Pennington
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING
§ 71.016 INSURANCE REQUIREMENTS FOR MOTORIZED BICYCLES,
MOTOR SCOOTERS AND MOPEDS
WHEREAS, the City of Fayetteville has seen a rapid increase in the number of gasoline
powered motorized bicycles, as defined by Ark. Code Ann. § 27-20-101, which are also
commonly known as motor scooters or mopeds, operating on the public streets of Fayetteville
and, despite the increased risk of injury to their operators and others on or near the roads, there is
no uniform requirement in the State of Arkansas regarding insurance for these vehicles; and
WHEREAS, the City of Fayetteville seeks to be proactive in promoting the public health
and welfare of all persons who operate motorized bicycles, which are becoming more prevalent
in the City, and other vehicles which operate upon the City's public roadways; and
WHEREAS, the City of Fayetteville also has a vested interest in protecting and
promoting the public health and welfare of pedestrians, cyclists and all others in the general
vicinity of the public streets on which motor scooters and mopeds are operating; and
WHEREAS, this ordinance regulates only gasoline powered motor scooters and mopeds,
and does not in any way regulate or restrict the operation of bicycles or other forms of
transportation that are operated by manual, battery or electric power.
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 enacts § 71.016
Insurance Requirements for Motorized Bicycles, Motor Scooters and Mopeds as shown
below:
"§ 71.016 Insurance Requirements for Motorized Bicycles, Motor Scooters and
Mopeds
(A)Definition. A motorized bicycle means every bicycle with an automatic transmission
and a gasoline powered motor which does not displace in excess of fifty cubic
centimeters (50 cc) as deemed by Arkansas Code Annotated § 27-20-101, et seq.,
which includes but is not limited to those vehicles commonly known as motor
scooters and mopeds.
(B) Required Insurance. Any motorized bicycle, motor scooter or moped operated upon
the public roadways within the corporate limits of the City of Fayetteville is required
to have a policy of liability insurance with a limit of not less than $25,000.00 for
injury to or destruction of property of others.
(C) Enforcement. When the operator of any motor bicycle, motor scooter or moped is
detained during a traffic stop or is involved in a motor vehicle accident and fails to
provide proof of the insurance required in paragraph (B) when requested by a law
enforcement officer, the operator shall be deemed to be in violation of this section."
PASSED and APPROVED this
APPROVED:
LIONELD JORDAN, Mayor
day of , 20_
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
From: Alderman_ Alan Lono
To: Pennington Blake; Smith. Sondra
Subject: Required: State Minimum Liability Insurance coverage for gasoline, engine powered Mopeds and Scooters under
50 cc's
Date: Friday, October 10, 2014 4:53:08 PM
Kit,
Please draft an ordinance requiring all of the above mentioned means of transportation to
require the state mandated liability insurance that is required of all other means of automobile
insurance.
With the recent increase in the number of gasoline, engine powered Mopeds and Scooters in
Fayetteville, I feel that they should be insured, especially, when they are being operated on
public streets. The reason for this legislation is that if a scooter driver was to cause an
accident, deemed to be "at fault", and caused harm to someone or someone's personal
property, the person that was not at fault would not have the ability to file against the
insurance of the person who was at fault -the scooter driver in this case. This would create an
inequitable situation where the driver who was not at fault would potentially need to file an
insurance claim against their own uninsured motorist coverage in order to repair or seek
reparation for the damages caused by an uninsured scooter or moped.
I have inquired with local insurance agencies and they are able to insure scooters and mopeds
that are under 50 cc's.
Kind Regards,
Alan Long
City of Fayetteville
City Council Member: Ward 4, position 2
lon ward4(i .gmail.com
'Contents may be ronlidential wd leg.dly'prihileged.and are intended only for the recipient(s) a used above, and those on a need -to -know basis. NoHwrg
herein is intended to be a binding signature.
From: Reynolds. Mike
To: AJ Gary (Ai.Garv(o)cityofconway.orol
Cc: "Camie Boggess" (camieCabogggsson ul ina.com); Bruce Hawkins(dbhawkins(esuddenlinkmail.com); Tabor.
Grea
Subject: License and Insurance Requirements for Motor Scooters
Date: Monday, October 13, 2014 9:40:56 AM
Attachments: image002.ona
Chief Gary,
Good morning. Last week, I had a meeting with our supervisory staff and discussed the upcoming
2015 legislative session. Staff brought up problems we experience in Fayetteville with unlicensed
and uninsured "motorized bicycles" due mainly to the influx of college students owning and
operating them throughout our city. As you may know, Arkansas law defines a motorized bicycle as
having an engine displacement of less than 50cc, and these vehicles are not required to be licensed
or insured. Here are some of the problems we are experiencing:
• Difficult to discern a "motorized bicycle" (under 50cc) from a "motor driven cycle" (50cc to
250cc) based solely on motor displacement.
• Many "motor driven cycles" (50cc to 250cc) are not licensed or insured.
• Many drivers with suspended driving privileges operate "motor bicycles" (under 50cc).
• Many operators are not aware of "motor driven cycle" (50cc to 250cc) and "motorcycle"
(more than 250cc) endorsement requirements.
• Many collisions involve "motorized bicycles" (under 50cc) with no insurance.
• Difficult to identify registered owners of stolen "motorized bicycles" (under 50cc).
On Tuesday, October 14th an ordinance to amend Fayetteville Code 71.016 Insurance Requirements
for Motorized Bicycles, Motor Scooters and Mopeds will be presented to City Council. Here is the
language being presented for this ordinance:
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING § 71.016
INSURANCE REQUIREMENTS FOR MOTORIZED BICYCLES, MOTOR SCOOTERS AND
MOPEDS
WHEREAS, the City of Fayetteville has seen a rapid increase in the number of low power motorized
bicycles, as defined by Ark. Code Ann. § 27-20-101, which are commonly known as motor scooters or
mopeds, operating on the public streets of Fayetteville but there is no uniform requirement in the
State
of Arkansas regarding insurance for these vehicles; and
WHEREAS, the City of Fayetteville seeks to promote the public health and welfare of all persons who
operate motorized bicycles and other vehicles upon the public roadways in the City.
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 enacts § 71.016 Insurance
Requirements for Motorized Bicycles, Motor Scooters and Mopeds as shown below:
"§ 71.016 Insurance Requirements for Motorized Bicycles, Motor Scooters and Mopeds
(A) Definition. A motorized bicycle means every bicycle with an automatic transmission and a
gasoline
powered motor which does not displace in excess of fifty cubic centimeters (50 cc) as defined by
Arkansas Code Annotated § 27-20-101, et seq., which includes but is not limited to those vehicles
commonly known as motor scooters and mopeds.
(8) Required Insurance. Any motorized bicycle, motor scooter or moped operated upon the public
roadways within the corporate limits of the City of Fayetteville is required to have a policy of liability
insurance with a limit of not less than $25,000.00 for injury to or destruction of property of others.
I anticipate this ordinance will pass and address some of our local problems associated with
uninsured accidents; however, we really don't have a local avenue to fix the registered owner
issues. Also, I would believe this is a problem other areas in Arkansas are experiencing?
On a side note, a law requiring licensing and insurance of motor scooters would generate an
additional revenue stream.
I would like to propose adding an amendment to 27-20-101 to our AACP 2015 Legislative Packet,
requiring registration and insurance for "motorized bicycles". Thanks for the consideration.
Take care,
Mike
Mike Reynolds
Deputy Chief of Police
100 West Rock Street
City of Fayetteville, Arkansas 72701
mreynolds@fayetteville-ar.gov
T 479.587.3500 I F 479.973.4844
Website I Facebook I YouIube
CITY OF
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ARKANSAS
www.fayetteville-ar. gov
P.O. BOX 1007, F. YE T TEVILLE, AR, 72702 a 479-442-1700 - FAX: 479-69E 1118 - WWW.NWADG.COM1
AFFIDAVIT OF PUBLICATION RECEIVED
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the APR 2 72015
Northwest Arkansas Democrat Gazette, printed and published in 7 -
Washington and Benton County, Arkansas, and of bona fide circulation, cciTy cLERu 0 10E
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ordinance 5758
Was inserted in the Northwest Arkansas Democrat
Gazette on:
April 16, 2015
Publication Charges: $ 142.67
K ren Caler
Subscribed and sworn to before me
This `7L- day ofQi , 2015.
Notary Public I ii
My Commission Expires: 11241D24
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Please do not pay rom Affidav tATAjiw lu6will be sent.
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