a. For purposes of this section, the
term "motorized scooter" shall mean any wheeled device that has
handlebars that is designed to be stood or sat upon by the operator, is
powered by an electric motor or by a gasoline motor that is capable of
propelling the device without human power and is not capable of being
registered with the New York State Department of Motor Vehicles. For the
purposes of this section, the term motorized scooter shall not include
wheelchairs or other mobility aids designed for use by disabled persons,
electric powered devices not capable of exceeding fifteen miles per hour
or "electric personal assistive mobility devices" defined as
self-balancing, two non-tandem wheeled devices designed to transport one
person by means of an electric propulsion system.
b. No person shall operate a motorized scooter in the city of New
York.
c. Any person who violates subdivision b of this section shall be
liable for a civil penalty in the amount of five hundred dollars.
Authorized employees of the police department and department of parks
and recreation shall have the authority to enforce the provisions of
this section. Such penalties shall be recovered in a civil action or in
a proceeding commenced by the service of a notice of violation that
shall be returnable before the environmental control board. In addition,
such violation shall be a traffic infraction and shall be punishable in
accordance with section eighteen hundred of the New York state vehicle
and traffic law.
d. Any motorized scooter that has been used or is being used in
violation of the provisions of this section may be impounded and shall
not be released until any and all removal charges and storage fees and
the applicable fines have been paid or a bond has been posted in an
amount satisfactory to the police commissioner.