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P- 38 E-BICYCLE USAGE WITHIN MARICOPA COUNTY MARICOPA COUNTY ORDINANCE E-BICYCLE REGULATIONS Adopted [insert date] SECTION 1 – GENERAL A. PURPOSE: This ordinance regulates electric bicycle, electric miniature scooter, and electric standup scooter usage within Maricopa County. B. APPLICABILITY: This ordinance applies to electric bicycle usage within unincorporated portions of Maricopa County that are outside of Maricopa Parks and Recreation property but does not apply to their use to aid a person pursuant to the Americans with Disabilities Act unless otherwise specified. SECTION 2 – DEFINITIONS The following words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section or in A.R.S. Title 28, as may be amended, except where the context clearly indicates a different meaning. Should any definition conflict with A.R.S. Title 28, the definition under state law shall apply: Bicycle lane means a path or lane specifically designated for the preferential or exclusive use of bicycles, electric bicycles, and electric standup scooters. Crosswalk has the same meaning prescribed in A.R.S. § 28-601. Electric bicycle has the same meaning prescribed in A.R.S. § 28-101. (a) Class 1 electric bicycle has the same meaning prescribed in A.R.S. § 28-101. (b) Class 2 electric bicycle has the same meaning prescribed in A.R.S. § 28-101. (c) Class 3 electric bicycle has the same meaning prescribed in A.R.S. § 28-101. Electric miniature scooter has the same meaning prescribed in A.R.S. § 28-101. Electric standup scooter has the same meaning prescribed in A.R.S.§ 28-101. Intersection has the same meaning prescribed in A.R.S.§ 28-601. Multi-use path means a paved or unpaved shared-use path that is specifically designated for non-motorized traffic and recreation, such as the shared-use paths. Owner has the same meaning prescribed in A.R.S. § 28-101 and also applies to an electric bicycle, electric miniature scooter, electric standup scooter. Pedestrian has the same meaning prescribed in A.R.S.§ 28-101. Person means an individual, firm, association, partnership, joint venture, or corporation. Sidewalk has the same meaning prescribed in A.R.S. § 28-601. Street, as used in this Article, means any portion of roadway, highway, alley, thoroughfare, or other property that is open to the public for purposes of vehicular travel. Street includes the associated right-of-way, berm or shoulder, parkway, crosswalk, median, bicycle lane, and any associated roadway or access easement of the county. Stop has the same meaning prescribed in A.R.S.§ 28-601. Stop, stopping or standing has the same meaning prescribed in A.R.S. § 28-601. County means any property, facility or improvement that is owned, leased, operated, maintained or managed by the County. SECTION 3 – REQUIREMENTS A. Applicability of Traffic Laws (a) A person may only operate an electric bicycle, electric miniature scooter, or electric standup scooter as permitted by A.R.S. Title 28 and except as restricted by the provisions of this Ordinance. (b) Nothing in this Ordinance shall be interpreted to mean that, by designating permissible areas of operation, the County is deeming such areas as suitable or safe for any electric bicycle, electric miniature scooter, electric standup scooter. Each person operating an electric bicycle, electric miniature scooter, or electric standup scooter shall be responsible for complying with the manufacturer's safety guidelines and recommendations. (c) The owner of an electric bicycle, electric miniature scooter, or electric standup scooter shall be responsible for all damage to public property caused by the electric bicycle, electric miniature scooter, or electric standup scooter. B. Restrictions (a) Except as otherwise stated in this Ordinance, a person shall operate an electric bicycle, electric miniature scooter, electric standup scooter as follows: (1) Shall not operate within or upon any area or in any manner that A.R.S. Title 28 prohibits. (2) Shall not operate within or upon any area where signage prohibits such operation. The County engineer, or their designee, is authorized to erect signs along any roadway or sidewalk prohibiting the riding of an electric bicycle, electric miniature scooter or electric standup scooter by any person, and, when such signs are in place, no person shall disobey the same. (3) Operators of Class 3 electric bicycles shall not operate on sidewalks. (4) Operators of a Class 1 and Class 2 electric bicycles, electric miniature scooter, or electric standup scooter may operate on sidewalks and shall yield the right-of-way to pedestrians and other users by slowing down, stopping, or moving to the opposite side of the path, sidewalk, or other applicable travelway. (5) The operator shall give an audible warning before overtaking and passing such pedestrian. The audible warning may be given by voice or by a bell or other lawful device capable of giving an audible signal to the person or persons being overtaken and passed. (6) If there is no bike lane or sidewalk, the operator of an electric bicycle, electric miniature scooter, and electric standup scooter may ride adjacent to the roadway at a speed no greater than the posted speed limit for vehicles. (7) When operating on a multiuse path: a. Operators shall yield the right-of-way to pedestrians and other users by slowing down, stopping, or moving to the opposite side of the path, sidewalk, or other applicable travelway. b. The operator shall give an audible warning before overtaking and passing such pedestrian. The audible warning may be given by voice or by a bell or other lawful device capable of giving an audible signal to the person or persons being overtaken and passed. (8) Shall obey the instructions of official traffic-control signals, signs, and other traffic direction devices applicable to vehicles, unless otherwise directed by a police officer. (9) Shall keep at a safe distance from pedestrians and vehicles. (10)Shall not attach to any other motor vehicle or vehicle. (11)Shall not carry any package, bundle, or other item that prevents the operator from effectively steering. (12)Shall not operate when any alterations that materially affect safe operations have been made from the original manufacturer's design. (13)Shall not allow passengers, unless designed by the manufacturer to allow for passengers. (14)During nighttime, shall display a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front; a lamp that emits a red light visible from a distance of 500 feet to the rear, and a red reflector on the rear that is visible from all distances from 50 feet to 300 feet to the rear when the reflector is directly in front of lawful upper beams of head lamps on a motor vehicle. (15) Shall not operate when equipped without a brake adequate to control the movement and for stopping and holding the electric bicycle, electric miniature scooter, or electric standup scooter. (16) Shall not operate an electric bicycle, electric miniature scooter, or electric standup scooter that has been tampered with or modified to increase the speed capability of the device. (17)Shall not intentionally lift one or more wheels into the air while riding. (18)Shall not operate while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while operating the electric bicycle, electric miniature scooter, or electric standup scooter. (19)Shall not intentionally or knowingly create electric bicycle, electric miniature scooter, or electric standup scooter tire markings on public property. (b) Age restrictions: No person under sixteen (16) years of age may operate a Class 3 electric bicycle. C. Speed (a) A person shall control the speed of an electric bicycle, electric miniature scooter, or electric standup scooter as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others. (b) A person shall not operate an electric bicycle, electric miniature scooter, or electric standup scooter within or upon any sidewalk at a speed greater than 15 miles per hour unless signage requires a lower speed limit. (c) A person shall not operate an electric bicycle, electric miniature scooter, or electric standup scooter within or upon any multiuse path at a speed greater than 15 miles per hour. (d) A person shall not operate an electric bicycle, electric miniature scooter, or electric standup scooter at a speed greater than 5 miles per hour when passing a pedestrian or horse. D. Helmets Required An operator or passenger of a Class 3 electric bicycle who is under eighteen (18) years of age shall wear a fitted and fastened protective helmet on the operator's or passenger's head in an appropriate manner. The protective helmet shall be safely secured while the operator or passenger is operating or riding on the electric bicycle, electric miniature scooter, or electric standup scooter. E. Responsibility of Parents, Guardians, and Custodians (a) No parent, guardian, or custodian of a person under eighteen (18) years of age shall authorize or knowingly permit that person to violate this Ordinance. (b) Violations of this section are civil traffic violations and shall be prosecuted as provided in section F of this ordinance. F. Penalties and Notices – Civil Sanctions Any person found responsible for violating any section of this ordinance shall be punished pursuant to A.R.S. § 28-1598. A second offense committed within one year of the original offense under this ordinance shall have a minimum fine of $150. A third offense committed within one year of the first offense shall have a minimum fine of $200. G. Severability of Parts of Ordinance The sections, paragraphs, sentences, clauses and words of this Ordinance are severable and if any word, clause, sentence, paragraph or section of this Ordinance is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining words, clauses, sentences, paragraphs and sections of this Ordinance.