E-BikeOrdinance12-2-10 final.docx
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1 Buckeye, Arizona Code of Ordinances Chapter 12 TRAFFIC CODE Article 12-2 Section 12-2-10 Electric Bicycles, Electric Standup Scooters, Micromobility Devices, and Electric Motorcycles/Motor-Driven Cycles A. Definitions 1. Device classification (a) Shall be determined based on manufacturer specifications for maximum speed and power output. (b) Any modification or alteration that increases speed capability or power output may result in reclassification under this article. (c) Any device capable of exceeding twenty-eight (28) miles shall not be considered an electric bicycle and shall be classified as an electric motorcycle/motor-driven cycle subject to A.R.S. Title 28 requirements, including driver’s license, registration, insurance, eye protection, and helmet requirements. (d) Devices that are limited to speeds under ten (10) miles per hour are not regulated by this article. 2. “Electric Bicycle” or “E-Bike” shall have the same meaning as set forth in A.R.S. § 28- 101. (a) "Class 1 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle or tricycle reaches the speed of twenty (20) miles per hour. (b) "Class 2 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that may be used exclusively to propel the bicycle or tricycle and that is not capable of providing assistance when the bicycle or tricycle reaches the speed of twenty (20) miles per hour. (c) "Class 3 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that 2 ceases to provide assistance when the bicycle or tricycle reaches the speed of twenty-eight (28) miles per hour. 3. “E-mini scooter” shall have the same meaning as set forth in A.R.S. Title 28 and is exempt from this article when limited to speeds under ten (10) miles per hour. (a) Weighs less than thirty pounds. (b) Has two or three wheels. (c) Has handlebars. (d) Has a floorboard on which a person may stand while riding. (e) Is powered by an electric motor or human power, or both. (f) Has a maximum speed that does not exceed ten miles per hour, with or without human propulsion, on a paved level surface. 4. “Electric Motorcycle/Motor-Driven Cycle” is a device that has a motor exceeding 750 watts or exceeds twenty-eight (28) mph with or without pedal assistance and shall be treated similarly to motorcycles, requiring a Class M license, registration, and insurance. 5. “Electric Standup Scooter” or “E-Scooter” shall have the same meaning as set forth in A.R.S. § 28-101 (a) Weighs less than seventy-five pounds. (b) Has two or three wheels. (c) Has handlebars. (d) Has a floorboard on which a person may stand while riding. (e) Is powered by an electric motor or human power, or both. (f) Has a maximum speed that does not exceed twenty miles per hour, with or without human propulsion, on a paved level surface. (g) Does not include an electric miniature scooter. 6. “Micromobility device” means a small, lightweight personal transportation device including, but not limited to, hoverboards, self-balancing devices, and similar devices. 7. “Operator" means a person who drives a device defined in this article, who is in actual physical control of a device or who is exercising control over a device. 3 8. “Passenger” means any person riding on a device in addition to the operator. 9. “Powered wheelchair” means a mobility device designed for individuals with mobility impairments and operated at pedestrian speeds. B. Applicability of Traffic Laws 1. Any person operating a device regulated under this article shall have all rights and duties applicable to the driver of a vehicle under this Code and A.R.S. Title 28. 2. Operators shall obey all traffic control devices and roadway laws. 3. Operators shall obey all lawful orders and directions of a police officer. 4. This section does not require licensing or registration unless required under state law. C. Age Requirements 1. No person under sixteen (16) years of age shall operate any device regulated under this article on any City of Buckeye property, public roadway, sidewalk, or right-of-way. 2. This article does not apply to e-mini scooters as defined in A.R.S. Title 28 or other devices contained in this chapter, which are intended for use by children or are limited to speeds under ten (10) miles per hour. 3. Any operator under twelve (12) years of age in violation of this section may result in the parent, guardian, or legal custodian being cited. 4. A parent, guardian, or legal custodian shall not knowingly permit a violation of this article. D. Areas of Operation 1. Class 1 and Class 2 electric bicycles and electric standup scooters may be operated upon a sidewalk and City of Buckeye parks except where prohibited. 2. Operators shall yield the right-of-way to pedestrians and give an audible warning before passing. 4 3. Class 3 electric bicycles are prohibited at City of Buckeye Parks, on sidewalks, and public rights-of-way except for crossing streets, crosswalks, and intersections. 4. Operators shall come to a complete stop prior to entering a crosswalk from a sidewalk or non-roadway surface. 5. Operators shall yield to pedestrians and vehicles before entering a roadway. 6. Operators shall not operate devices on City of Buckeye property where prohibited and properly marked 7. Operators shall not operate devices on private property where prohibited by the owner and properly marked. 8. A Class 1 electric bicycle, a Class 2 electric bicycle or an electric standup scooter may be used on bicycle and multiuse paths unless prohibited. 9. Electric bicycles and electric standup scooters may be operated in bike lanes. 10. Electric motorcycle/motor-driven Cycles shall not be operated on any City of Buckeye property, parks, or facilities. E. Speed and Operation 1. Operators shall operate all devices in compliance with this article and ARS 28-819. Electric bicycles; electric standup scooters, including: (a) Beginning January 1, 2019, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed and motor wattage of the electric bicycle and shall be printed in at least nine-point type. 2. Operators shall maintain control to avoid collisions. 3. Operators shall not operate devices in a reckless manner. F. Operating Restrictions 1. Applies to all devices regulated under this article, including electric motorcycles/motor-driven cycles, for enforcement purposes. 2. No passengers are allowed unless the device is designed for multiple riders. 5 3. Operators shall not attach to motor vehicles in any manner. 4. Operators shall always maintain at least one hand on controls. 5. Operators shall not operate any devices that emit excessive or disturbing noise. G. Position on Roadway 1. Any operator traveling slower than traffic shall ride as close as practicable to the right except when passing, turning, avoiding hazards, or when the lane is too narrow. H. Equipment Requirements 1. All devices must have functional brakes. 2. All devices must have an audible warning device. 3. Lighting is required during hours of darkness in compliance with A.R.S. Title 28. I. Helmet Requirements 1. Any operator and passenger under eighteen (18) years of age shall wear a properly fitted bicycle helmet when operating any device under this article. 2. Any operator or passenger of motor-driven cycles or motorcycles under eighteen (18) years of age shall wear a DOT-approved helmet. J. Violations of this chapter; Penalties 1. First violation: $100 fine. 2. Second violation within 12 months: $250 fine. 3. Third violation within 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 6 be charged with a Class 1 misdemeanor, which is up to 6 months in jail, a maximum $2500 fine (plus surcharges), and up to 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 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. 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.