Our client Benny McGee received a ticket after a police officer saw him riding a “hoverboard” in the park. The hoverboard uses an electric motor.
The issue is whether Mr. McGee violated the city ordinance prohibiting vehicles in the park. Vehicles are prohibited in city parks. City Ordinance 30.945 (2021).
Courts have held only motorized forms of transportation are “vehicles” for purposes of the city ordinance prohibiting vehicles in the parks. In Dresser, the court held the defendant had violated the ordinance when she rode an electric bicycle in the park. In contrast, the court in Ahmed held the defendant had not violated the ordinance when he rode a skateboard in the park.
Mr. McGee rode a motorized form of transportation in the park. Mr. McGee’s motorized hoverboard is similar to the defendant’s motorized bicycle in Dresser, which the court held was a “vehicle” under the ordinance. Although a hoverboard and a skateboard are similar in looks and function, the defendant’s skateboard in Ahmed was not a motorized vehicle, while Mr. McGee’s hoverboard ran on an electric motor.
Therefore, a court will likely hold that Mr. McGee violated the ordinance.