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
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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."
