E-BikeOrdinanceFinalOctober.docx

Buckeye, Arizona
Code of Ordinances
Chapter 12 TRAFFIC CODE
Section 12-2 Traffic Regulations
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 section.
(c) Any motor-assisted device capable of exceeding twenty-eight (28) miles per
hour 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 a driver’s license, registration, insurance, eye protection, and helmet
requirements.
(d) Devices that are limited to speeds under fifteen (15) miles per hour are not
regulated by this section unless being operated in an unsafe, reckless manner.
(e) Electric personal assistive mobility devices and/or micromobility devices are
subject to this section when operated at speeds exceeding fifteen (15) miles per
hour.
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
1

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
ceases to provide assistance when the bicycle or tricycle reaches the speed of
twenty-eight (28) miles per hour.
3. “Electric miniature scooter or E-mini scooter” shall have the same meaning as set
forth in A.R.S. § 28-101 and is exempt from this section when limited to speeds under
ten (10) miles per hour.
(a) Weighs less than thirty (30) pounds.
(b) Has two (2) or three (3) 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
seven hundred and fifty (750) watts or exceeds twenty-eight (28) miles per hour with or
without pedal assistance and shall be treated similarly to motorcycles, requiring a Class
M license, registration, and insurance.
5. “Electric Personal Assistive Mobility Device means a self-balancing device with one
(1) wheel or two (2) non-tandem wheels and an electric propulsion system that limits the
maximum speed of the device to fifteen (15) miles per hour or less and that is designed
to transport only one (1) person and requires a person who is sixteen (16) years of age
or older to operate.
6. “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 (75) pounds.
(b) Has two (2) or three (3) 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.
2

(f) Has a maximum speed that does not exceed twenty (20) miles per hour, with
or without human propulsion, on a paved level surface.
(g) Does not include an electric miniature scooter.
7. “Micromobility device” means a small, lightweight personal transportation device
including, but not limited to, hoverboards, self-balancing devices, and similar devices.
8. “Operator" means a person who drives a device defined in this section, who is in
actual physical control of a device or who is exercising control over a device.
9. “Passenger” means any person riding on a device in addition to the operator.
10. “Powered wheelchair” means a mobility device designed for individuals with mobility
impairments and operated at pedestrian speeds.
11. “Reckless Operation.” It is unlawful for any person to operate any device, electric
bicycle, or electric motorcycle/motor-driven cycle upon any street, sidewalk, bicycle path,
multi-use trail, or public property within the City in a reckless manner. Evidence of
reckless operation includes, but is not limited to:
(a) Aggressive Stunt Riding: Intentionally performing stunts, including but not limited
to raising the front wheel from the ground (wheelies), jumping curbs or structures,
or drifting, within a crowded public space, pedestrian zone, or active roadway.
(b) Close-Proximity Endangerment: Intentionally operating any device, electric
bicycle, or electric motorcycle/motor-driven cycle at high speed near pedestrians,
pets, or static obstacles, forcing others to take evasive action to avoid a collision.
(c) Operation of an Illegally Modified Vehicle: Operating any device, electric bicycle,
or electric motorcycle/motor-driven cycle that has been altered, modified, or
tuned to bypass manufacturer speed governors or wattage limits, such that the
vehicle operates outside the scope of Class 1, Class 2, or Class 3 electric
bicycles as defined by State law, while utilizing non-motorized infrastructure.
(d) Fleeing an Officer: Intentionally failing or refusing to bring any device, electric
bicycle, or electric motorcycle/motor-driven cycle to a stop, or otherwise fleeing,
when given a visual or audible signal to stop by a law enforcement officer.
(e) Impaired Operation: Operating any device, electric bicycle, or electric
motorcycle/motor-driven cycle while under the influence of alcohol, any drug, or
the combined influence of alcohol and any drug, to a degree which renders the
operator incapable of safely controlling the vehicle.
12. “Unsafe Operation.” It is unlawful for any person to operate any device, electric
3

bicycle, or electric motorcycle/motor-driven cycle in a negligent or careless manner, or in
a manner that violates established rules of the road, thereby creating a hazard to any
person or property. Evidence of unsafe operation includes, but is not limited to:
(a) Speed Inappropriate for Conditions: Operating an electric bicycle at a speed
greater than is reasonable and prudent under the conditions then existing, or in
excess of posted speed limits for motorized or non-motorized vehicles.
(b) Failure to Yield: Failing to yield the right-of-way to any pedestrian or failing to
yield to other vehicles or bicycles in accordance with traffic control devices and state
law.
(c) Improper Lane Use and Weaving: Weaving unpredictably between lanes of
traffic, operating against the designated flow of traffic, or changing lanes or directions
without signaling.
(d) Distracted Riding: Operating an electric bicycle while actively viewing, typing, or
sending data on a handheld wireless communication device, or wearing
headphones, earphones, or earplugs in or over both ears.
(c) Overloading: Carrying more people at one time than the number for which the
electric bicycle is designed and equipped by the manufacturer.
(d) Failure to Maintain Control: Operating without always keeping at least one hand
on the handlebars or operating a modified electric bicycle that exceeds the
statutory mechanical capabilities of its designated class.
B. Applicability of Traffic Laws
1. Any person operating a device, not including electric motorcycles, regulated under
this section shall have all rights and duties applicable to the driver of a vehicle under this
Code and A.R.S. § 28-812.
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
4

1. No person under fourteen (14) years of age shall operate a Class 1 or 2 E-Bike on
any City of Buckeye property, public roadway, sidewalk, or right-of-way.
2. No person under sixteen (16) years of age shall operate a Class 3 E-Bike on any City
of Buckeye property, public roadway, sidewalk, or right-of-way.
3. No person under twelve (12) years of age shall operate an E-Scooter designed to
exceed fifteen (15) miles per hour on any City of Buckeye property, public roadway,
sidewalk, or right-of-way.
4. This section 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 fifteen (15) miles per hour.
5. Any operator under sixteen (16) years of age in violation of this section may result in
the parent, guardian, or legal custodian being cited.
6. Operator age requirements do not apply when the operator is under sixteen (16) years
of age and accompanied by a parent or legal guardian.
7. A parent, guardian, or legal custodian shall not knowingly permit a violation of this
section.
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.
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.
5

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 in bike lanes, bicycle
paths, multiuse paths or on any City of Buckeye property, parks, or facilities.
11. This section does not regulate off-road usage.
E. Speed and Operation
1. Operators shall operate all devices in compliance with this section and A.R.S. § 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 or unsafe manner.
F. Operating Restrictions
1. Applies to all devices regulated under this section, including electric
motorcycles/motor-driven cycles, for enforcement purposes.
2. No passengers are allowed unless the device is designed for multiple riders.
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
6

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 section.
2. Any operator or passenger of motor-driven cycles or motorcycles shall abide by
helmet and eye protection laws pursuant to A.R.S. § 28-964 - Motorcycles; all-terrain
vehicles; motor-driven cycles.
J. Violations of this section; Penalties
1. Except as otherwise provided in this section, a violation of any provision of this
section shall be a civil offense and subject to civil penalties. A person found to be
responsible for a violation of any provision of this section, whether by admission,
by payment of a fine, by default, or by judgment after hearing, shall be subject to
civil penalties as follows:
a. First offense: $100.00 fine.
b. Second offense within 12 months: $250.00 fine.
c. Third offense within 12 months: $500.00 fine, device impoundment for
up to one (1) year, along with associated impound fees.
d. For purposes of calculating the 12-month period under this subsection,
the dates of the commission of the offenses shall be used.
7

2. After having been found responsible for committing three or more civil offenses of the
same code provision in any 12-month period, whether by admission, by payment of the
fine, by default, or by judgment after hearing, a person may be charged with a Class 1
misdemeanor and may face up to six (6) months in jail, a maximum fine of $2,500.00
(plus surcharges), and up to three (3) years of probation.
3. If a minor who is under twelve (12) years of age violates this section, 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.
4. Operators of any Electric Motorcycle/ Motor-Driven Cycle, as defined by this section,
who violate City of Buckeye City Ordinance-Chapter 12, Traffic Code; or A.R.S. Title 28,
Transportation Code, 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 twenty-day (20) period, the
device or Electric Motorcycle/Motor-Driven Cycle shall be sold.
5. Fines and fees collected through the enforcement of this section 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.
8