Ordinance No. 15-26 Regulating e-bikes, etc. Code Amendment1.pdf

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” 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; 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,” 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
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” 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.
Section 3. The City Code, Chapter 12, Traffic Code, Article 12-2, Traffic Regulations,
is hereby amended by adopting Section 12-2-10 Electric Bicycles, Electric Standup Scooters,
Micromobility Devices, and Electric Motorcycles/Motor-Driven Cycles, as set forth in the “E-Bike
12-2-10.”
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.
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Section 7. Violations of Chapter 12, Article 12-2, Section 12-2-10 are subject to the
following penalties:
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.
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.
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Section 8. 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
6th day of October, 2026.
Eric W. Orsborn, Mayor
ATTEST:
Summer Stewart, Interim City Clerk
APPROVED AS TO FORM:
Tosca Henry, City Attorney
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