Ordinance No. 15-26 Regulating e-bikes, etc.pdf
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1 WHEN RECORDED, RETURN TO: City of Buckeye ATTN: Lucinda J. Aja, City Clerk 530 East Monroe Avenue Buckeye, Arizona 85326 ORDINANCE NO. 15-26 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, DECLARING AS PUBLIC RECORDS THOSE DOCUMENTS ON FILE WITH THE CITY CLERK ENTITLED “E-BIKE 12-2-10” AND “E-BIKE RETAILER 12-2-11;” ADOPTING THE SAME BY REFERENCE; AMENDING THE BUCKEYE CITY CODE TO ADD CHAPTER 12, TRAFFIC CODE, ARTICLE 12-2, TRAFFIC REGULATIONS, SECTION 12-2-10, ELECTRIC BICYCLES, ELECTRIC STANDUP SCOOTERS, MICROMOBILITY DEVICES, AND ELECTRIC MOTORCYCLES/MOTOR DRIVEN CYCLES AND SECTION 12-2- 11, RETAILER EDUCATION; ELECTRIC BICYCLES, ELECTRIC STANDUP SCOOTERS, MICROMOBILITY DEVICES, AND ELECTRIC MOTORCYCLES/MOTOR DRIVEN CYCLES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PROVISIONS; PROVIDING FOR SEVERABILITY; AND SETTING FORTH PENALTIES FOR VIOLATIONS. WHEREAS, those certain documents entitled “E-Bike 12-2-10” and “E-Bike Retailer 12- 2-11,” of which at least three paper copies or one paper copy and one electronic copy are on file in the Office of the City Clerk and open for public inspection during normal business hours, are hereby declared to be public records and said copies are ordered to remain on file with the City Clerk; and WHEREAS, the Mayor and Council believe that it is in the best interests of the City to amend the City Code, Chapter 12, Traffic Code, Article 12-2, Traffic Regulations, by adopting section 12-2-10 Electric Bicycles, Electric Standup Scooters, Micromobility Devices, and Electric Motorcycles/Motor-Driven Cycles and Chapter 12, Traffic Code, Article 12-2, Traffic Regulations, by adopting section 12-2-11, Retailer Education for Electric Bicycles, Electric Standup Scooters, Micromobility Devices, and Electric Motorcycles/Motor-Driven Cycles; and WHEREAS, the Mayor and Council of the City of Buckeye, Arizona (“City”) are authorized by City Code Chapter 2, Article 2-5, Section 2-5-4 to adopt or amend all ordinances necessary or proper for the carrying into effect of the powers vested in the City. BE IT ORDAINED, by the Mayor and Council of the City of Buckeye, Arizona, as follows: Section 1. The foregoing recitals are incorporated as if fully set forth herein. Section 2. Those certain documents entitled “E-Bike 12-2-10” and “E-Bike Retailer 12-2-11,” of which at least three paper copies or one paper copy and one electronic copy are on file in the Office of the City Clerk and open for public inspection during normal business hours, are hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. 2 Section 3. The City Code, Chapter 12, Traffic Code, Article 12-2, Traffic Regulations, is hereby amended by adopting Section 12-2-10 and Section 12-2-11, as set forth in the “E-Bike 12-2-10” and “E-Bike Retailer 12-2-11.” Section 4. All unmodified sections of the City Code, Chapter 12, Traffic Code, remain in full force and effect. Section 5. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section 7. Violations of Chapter 12, Article 12-2, Section 12-2-10 are subject to the following penalties: J. Violations of this chapter; Penalties 1. First violation: $100 fine. 2. Second violation within twelve (12) months: $250 fine. 3. Third violation within twelve (12) months: $500 fine, device impoundment for one (1) year, along with associated impound fees. 4. Any person committing three or more violations within a twelve (12) month period may be charged with a Class 1 misdemeanor, which is up to six (6) months in jail, a maximum $2500 fine (plus surcharges), and up to three (3) years of probation. 5. If a minor who is under twelve (12) years of age violates this article, a citation shall be issued to the parent or legal guardian of the minor and not to the minor. If a minor who is at least twelve (12) years of age and under sixteen (16) years of age violates this section, a citation may be issued to the minor or to the parent or legal guardian of the minor, but not to both. 6. Operators of any Electric Motorcycle/ Motor-Driven Cycle, as defined by this article, who violate City of Buckeye City Ordinance Chapter 12 Traffic Code or ARS Title 28, may be subject to impound for the first violation. Operators or owners of the Electric Motorcycle/Motor-Driven Cycle shall be responsible for paying for towing costs, impound fees, and storage fees prior to release. (a) The owner shall have twenty (20) days after service of the notice of disposition within which to claim the device or Electric Motorcycle/ Motor-Driven Cycle. If the owner fails to claim and take possession within the 20-day period, the device or Electric Motorcycle/Motor-Driven Cycle shall be sold. 3 7. Fines and fees collected through the enforcement of this article shall be deposited into a special fund every fiscal year and shall be used by the Buckeye Police Department to fund educational materials and training associated with this chapter. Section 8. Violations of Chapter 12, Article 12-2, Section 12-2-11 are subject to the following penalties: F. Violations; Penalties 1. Except as otherwise provided in this chapter, any person found in violation of any provision in this chapter shall first be issued a notice of violation and provided thirty (30) days in which to correct the violation. If the violation is not corrected within the 30-day period, the violation shall be a civil offense and subject to civil penalties as a first offense in an amount not less than $150.00 and not exceeding $2,500.00. A second or subsequent violation within an 18-month period shall be a civil offense and subject to civil penalties in an amount not less than $300.00 and not exceeding $2,500.00 for a second offense, and not less than $500.00 and not exceeding $2,500.00 for a third and subsequent offense. Each day that a violation continues shall constitute a separate civil offense. 2. After having been found responsible for committing three or more civil offenses of the same code provision in any 24-month period, whether by admission, by payment of the fine, by default or by judgment after hearing, a person is a habitual offender and may be charged with a Class 1 misdemeanor. For purposes of calculating the 24-month period under this subsection, the dates of the commission of the offenses shall be used. Any person found guilty of a Class 1 misdemeanor under this subsection shall be punished by a fine of not less than $500.00 nor more than $2,500.00, exclusive of penalty assessments prescribed by law or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. Section 9. The Mayor, City Manager, City Attorney, and City Clerk are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this 19th day of May, 2026. Eric W. Orsborn, Mayor ATTEST: Lucinda J. Aja, City Clerk APPROVED AS TO FORM: Tosca Henry, City Attorney