E-BikeRetailerOrdinance12-2-11final.docx
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1 Buckeye, Arizona Code of Ordinances Chapter 12 TRAFFIC CODE Article 12-2 Traffic Regulations Section 12-2-11 Retailer Education; Electric Bicycles, Electric Standup Scooters, Micro- Mobility Devices, and Electric Motorcycles/Motor-Driven Cycles A. Definitions 1. “Retailer” means any person or business entity engaged in the sale, lease, or rental of electric bicycles, electric standup scooters, or micromobility devices within the City of Buckeye, whether through a physical storefront or through any other commercial means within the city’s jurisdiction. 2. “Covered device” means any electric bicycle, electric standup scooter, or micromobility device as defined in Section 12-2-10 of this chapter. 3. “Point-of-sale disclosure” means written materials provided to a purchaser, lessee, or renter at or before the time of a transaction involving a covered device. B. Retailer Education; Point-of-Sale Disclosure 1. Every retailer selling, leasing, or renting a covered device within the City of Buckeye is encouraged to provide a point-of-sale disclosure to each purchaser, lessee, or renter at or before the time of the transaction. 2. The point-of-sale disclosure should, at a minimum, advise the purchaser, lessee, or renter of the following: (a) The minimum age requirements applicable to the device being purchased, leased, or rented under Section 12-2-10 of this chapter. (b) The areas and locations where operation of the device is permitted and prohibited under Section 12-2-10 of this chapter. (c)) The helmet requirement applicable to operators under eighteen (18) years of age under Section 12-2-10 of this chapter. (d)The penalties for violations of Section 12-2-10 of this chapter, as set forth in Section 12-2-10. 2 (e) The equipment requirements applicable to the device under Section 12-2-10 of this chapter, including lighting requirements for nighttime operation. 3. The City may develop and make available to retailers a standardized disclosure document summarizing the applicable requirements of Section 12-2-10 of this chapter. Retailers are encouraged to use the city’s standardized disclosure document or to incorporate equivalent information into their own materials. 4. Nothing in this section shall be construed to impose liability upon a retailer for the subsequent conduct of a purchaser, lessee, or renter, or to require a retailer to enforce the provisions of Section 12-2-10 of this chapter. C. Display of Ordinance Information 1. Retailers shall display, in a conspicuous location within any area where covered devices are offered for sale, lease, or rental, a summary of the operating requirements and restrictions applicable to covered devices under Section 12-2-10 of this chapter. 2. The City may provide retailers with posters, signage, or other informational materials suitable for display at no cost to the retailer. Retailers wishing to obtain such materials may contact the Buckeye Police Department or the City’s designated point of contact for this program. D. Outreach and Compliance Assistance 1. The Buckeye Police Department may conduct outreach to retailers of covered devices operating within the city to inform them of the requirements of Section 12-2-10 of this chapter and to offer compliance assistance. 2. Outreach activities may include, but are not limited to: (a) Distribution of printed summaries of applicable ordinance provisions to retailers. (b) In-person visits by department personnel to retail locations to answer questions and provide informational materials. (c) Notification to retailers of any amendments to Section 12-2-10 of this chapter that affects the requirements applicable to covered devices. (d) Participation in outreach activities under this section is voluntary. Nothing in this section creates an obligation on the part of any retailer to participate in outreach activities or to modify retail practices as a result thereof. 3 E. No Duty to Enforce; Limitation of Liability 1. Nothing in this Section shall be construed to impose a duty upon any retailer to enforce the provisions of Section 12-2-10 of this chapter or to refuse to complete any lawful sale, lease, or rental transaction. 2. No retailer shall be subject to civil or criminal liability under this Section solely on the basis that a purchaser, lessee, or renter subsequently operated a covered device in violation of Section 12-2-10 of this chapter. 3. The provisions of this Section are supplemental to and do not supersede any obligation imposed upon a retailer by state or federal law. 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 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 months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described