San Marcos City Council Considers Ban On Motor-Assisted Scooters

By, Terra Rivers | Managing Editor

A majority of the San Marcos City Council is looking at banning the use of motorized scooters in San Marcos.

Tuesday night, council considered an ordinance on the first of two readings, which will prohibit the use of motorized scooters on public property, public park, public sidewalk, public way, public street or public highway within the city limits.

According to the ordinance, the ban will not apply to motor-assisted bicycles, mopeds, motorcycles or to motorized mobility devices used by persons with physical disabilities.

Below is a list of all four of the offenses enacted by the proposed ordinance.

(a) It is an offense for any person to operate a motor-assisted scooter on any public property, public park (including natural areas and open spaces), public sidewalk, public way, public street, or public highway within the city, or on any city-owned property located outside the corporate limits of the city.

(b) It is an offense for any person to abandon, place, or leave behind any motor-assisted scooter on any public property, public park (including natural areas and open spaces), public sidewalk, public way, public street, or public highway within the city, or on any city-owned property located outside the corporate limits of the city.

(c) A person who violates, causes, allows or permits a violation of this section commits a misdemeanor offense punishable by a fine not to exceed $500.00.

(d) Each violation of this section constitutes a separate offense.

The city may impound any motor-assisted scooter found unattended on any of the prohibited areas.

However, before impoundment, offenders may receive a warning in the event no emergency conditions exist or when traffic or public access is not unduly impeded.

Lee Hitchcock, Director of General Service for the City of San Marcos, said, “It’s purpose is very simply to save lives and prevent injuries. “It is staff’s assessment by looking at Austin, San Antonio, Dallas, Fort Worth and other cities that have tried regulation with varying success…that based on the infrastructure limitations and traffic conditions now and sidewalk expansions and so forth, that this is something you may want to consider.”

Hitchcock noted they also looked at New Braunfels, Dripping Springs and Fredericksburg, who have instituted similar bans for public safety reasons.

The ordinance bans both company-owned and personally-owned scooters from us.

Mayor Jane Hughson expressed concern about how the city would enforce the proposed ordinance on individually owned scooters if they could not identify the scooter’s owner and ensure they received proper notification.

“The way this is written it does not just apply to these ride-share type companies or shared devices,” Assistant City Attorney, Sam Aguirre, said. “Right now, there would be no way to provide notice to people that have no identifying information. Of course, if they’re riding, they can be warned or given citations at the time.”  

Individuals who are caught using a motorized scooter could be fined up to $500, and unattended scooters could be impounded after a 24-hour grace period.

Aguirre said the impoundment was for instances where a scooter was left unattended on public property or impeding traffic.

Council member Maxfield Baker opposed the ordinance stating, “I’m afraid of the reverberating message we’re sending out by reducing the amount of alternative modes of transportation.”

Baker noted that the issues, which could lead to a scooter being impounded, were issues the city was currently experiencing with its bicycling ride-sharing service. 

Hitchcock said VEO Ride is being monitored by the city and held accountable for bicycles left unattended in undesignated areas or causing a safety hazard.

“There’s a contract that they have to meet those performance standards,” Hitchcock said. “And we could add more limitations based on their performance.”

The measure passed on the first of two readings with a 5 to 1 vote; Baker voted in opposition of the ordinance.

Councilmember Mark Rockeymoore did not attend the meeting due to illness.

City Council will consider the ordinance on the second of two readings during their January 7 meeting.

Council members directed staff to develop a transition plan, which will include a delayed effective date, to allow for the public to be informed of the potential new policy before citations are issued.