Motorized scooter ban back on docket

A ban on motorized scooters could be headed San Marcos’ way pending city council’s decision. 

The San Marcos City Council will consider, on second reading, a ban on motorized scooters during Tuesday’s regular meeting. The council voted 5-1 to approve Ordinance 2019-46 during Dec. 17’s meeting.

Ordinance 2019-46 adds a new article to the San Marcos City Code that prohibits motor-assisted scooters on public property, streets and sidewalks. Lee Hitchcock, director of General Services for the city, said during Dec. 17’s meeting that the ordinance’s purpose is to save lives and prevent injuries. 

“It is staff’s assessment — by looking at Austin, Dallas, Fort Worth and other cities that have tried regulation with varying success, and then cities like Fredericksburg and New Braunfels and Drippings Springs that have chosen to prohibit — that based on infrastructure limitations and traffic conditions now and sidewalk expansion and so forth that this (ordinance) is something you may want to consider,” Hitchcock said. 

The ban would make it an offense to use a motorized scooter. The ordinance, however, would not apply to mopeds, motorcycles, motor-assisted bicycle or motorized mobility devices designed for transportation of persons with physical disabilities.

Councilmember Maxfield Baker, who was the lone councilperson to vote against the ordinance, said the scooter ban could limit other modes of transportation in the city.

“This is for instance, this wouldn’t impact what has become a growing trend of motorized skateboards,” Baker said during Dec. 17’s meeting. “Those are four wheels. They have a little button to push to go forward. They have one you use to slow down. So, I think if we’re considering all those safety hazards then we would include those modes of transportation as well. I just find that that continues to move towards offering fewer alternative modes of transportation … I clearly am not going to be supporting this and, I just, I’m afraid of the reverberating message that we’re sending out by reducing the amount of alternative modes of transportation.” 

Originally the ordinance called for a fine that wouldn’t exceed $500, however, city staff has provided two options for the city council to consider. 

Option 1: “A person who violates, causes, allows or permits a violation of this section commits a misdemeanor offense punishable by a fine not to exceed $25.00.”

Option 2: “Any person, or entity that operates a scooter sharing business or service by which motor-assisted scooters are made available to the public for short-term rental, or any authorized representative thereof, that violates, causes, allows or permits a violation of this section commits a misdemeanor offense punishable by a fine not to exceed $500.00. Any other person who violates, causes, allows or permits a violation of this section commits a misdemeanor offense punishable by a fine not to exceed $25.”

If approved, the ordinance would take effect after its passage, approval and adoption on second reading and publication in accordance with the City Charter. Council, however, would need to set a date when the ordinance would be enforceable. 

In other business, the council will receive a presentation and provide feedback regarding the San Marcos Complete Count Committee’s planned outreach efforts to promote the 2020 Census. It will also receive a staff update regarding the advertising and marketing program of the Convention and Visitor Bureau to promote tourism in the city, and provide direction to the city manager.

Tuesday’s city council meeting begins at 6 p.m. inside City Hall — 640 E. Hopkins St.