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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, requiring vendors of motorized scooters and pocket bikes to post information regarding their use on the premises.
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WHEREAS, the increasing popularity of motorized scooters and pocket bikes in Allegheny County and throughout the country has raised specific concerns regarding the illegal use on these vehicles on the roads and sidewalks in the County as their use poses a significant safety hazard to pedestrians, motorists, and their operators; and
WHEREAS, the U.S. Consumer Product Safety Commission (CPSC) has reported a dramatic increase in injuries associated with motorized scooters since 2000; CPSC reported that 2,870 emergency room treated injuries resulting from motorized scooter accidents were reported for the first nine months of 2001 - 39% of these injuries occurred to children under the age of 15, with the most common injury being fractures; in 2002, 5,900 motorized scooter riders ended up in the emergency room, as did 2,000 mini-bike riders; and
WHEREAS, the PA Department of Transportation has deemed that the operation of a motorized scooter on a highway, roadway, sidewalk, or thoroughfares in the Commonwealth is currently unlawful and unsafe; individuals operating such a vehicle are violating the registration, equipment, inspection, and insurance laws of the state; and
WHEREAS, the Allegheny County District Attorney, in cooperation with the Allegheny County Chiefs of Police Association, has launched an awareness campaign to bring attention to the illegal use of motorized scooters or pocket bikes on streets, sidewalks, highways, and all other public thoroughfares, by distributing materials to retailers for distribution to purchasers of such vehicles; and
WHEREAS, Allegheny County desires to take additional, appropriate measures to safeguard the health, safety, and welfare of its residents through legislation that is intended to protect the public from the hazards of motorized scooters and pocket bikes by requiring that vendors provide consumers with information on the risks of such motor vehicles and information regarding their use.
The Council of the County of Allegheny hereby enacts as follows;
Section 1. Incorporation of Preamble
The provisions set forth in the preamble are incorporated in their entirety herein.
Section 2. Requirement of Posting
Vendors of motorized scooters, electric or gasoline powered, are hereby required to post information regarding the use of such vehicles, as well as their hazards and risks, on their premises.
A. Such information shall be prominently displayed in a manner that provides opportunity for all consumers to view it.
B. Such information shall contain notice that it is illegal to use a motorized scooter, electric or gasoline powered, on a public roadway, highway, or sidewalk of the Commonwealth by anyone, adult or child; and that such operation may result in citations which could cost more than $700 in fines and expenses.
C. Information or material provided by the Office of the Allegheny County District Attorney and/or the Allegheny County Chiefs of Police Association regarding this issue is deemed to meet the requirements of this section.
Section 3. Enforcement and Penalties
A. Enforcement of this ordinance shall be the responsibility of the Allegheny County Police Department.
B. Violations of this ordinance shall result in the following penalties:
1. First offense - written warning;
3. Second offense - $50 fine; and
4. Third or greater offense - $150 fine.
C. All fines shall be collected by the County Treasurer and deposited into the general fund.
Section 4. Effective Date
This ordinance shall take effect on January 1, 2005.
Section 5. Severability
If any provision of this Ordinance shall be determined to be unlawful, invalid or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
Section 6. Repealer
Any resolution or Ordinance or part thereof confliction with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.