ORDINANCE O2026.33; AMENDING TCC CHAPTER 19 MULTIMODAL TRAFFIC.REVISED X2 6.3.26.DOCX
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Page 1 of 8 ORDINANCE NO. O2026.33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, RELATING TO PUBLIC HEALTH AND SAFETY BY AMENDING THE TEMPE CITY CODE, CHAPTER 19, RELATING TO MOTOR VEHICLES AND MULTIMODAL TRAFFIC. WHEREAS, under the Arizona Constitution, a city with a population of more than 3,500 people is entitled to establish a charter for its government and that a charter city is granted autonomy over matters of local interests; and WHEREAS, the voters of the City of Tempe established the Tempe City Charter in 1964, and the Tempe City Charter Section 2.04 vests the City Council with policymaking powers; and WHEREAS, Tempe City Charter Section 2.11 requires the passing of an ordinance to adopt or amend a City Code; and WHEREAS, safe and well-managed streets, sidewalks, and pathways enhance the quality of life in Tempe by creating opportunities for multiple forms of transportation and recreation; and WHEREAS, after careful consideration, the City Council finds that it is necessary to amend the Tempe City Code for the proper administration of the City; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, as follows: Section 1. That Chapter 19, Motor Vehicles and Multimodal Traffic, including Sections 19-1 through 19-214 are hereby amended as set forth in Exhibit A hereto with additional text in ALLCAPS and deletions in strikethrough text. Section 2. If any section, subsection, sentence clause, phrase, or portion of this ordinance or any part of the code adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section 3. All ordinances and parts of ordinances in conflict with the provisions of the Code adopted herein are hereby repealed. Section 4. The City Clerk is hereby authorized to correct clerical and grammatical errors, if any, related to this ordinance, and to make formatting changes appropriate for purposes of clarity, form, or consistency with the Tempe City Code. Section 5. The various City officers and employees are hereby authorized and directed to perform all acts necessary to give effect to this ordinance. Page 2 of 8 Section 6. Pursuant to City Charter, Section 2.12, ordinances are effective thirty (30) days after adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, this 25th day of June,2026. _____________________________ Corey D. Woods, Mayor ATTEST: Kara A. DeArrastia, City Clerk APPROVED AS TO FORM: Eric C. Anderson, City Attorney Page 3 of 8 EXHIBIT A TO ORDINANCE NO. O2026.33 Sec. 19-1. Definitions. (a) Whenever any words and phrases used in this chapter are not defined herein but are defined in the state laws regulating the operation of vehicles, the definitions therein shall be deemed to apply to such words and phrases used herein. (b) In this chapter, unless the context otherwise requires: Alley and alleyways mean lanes or passageways for use as a means of access to the rear of lots or buildings. Alleys and alleyways are not in any way to be considered thoroughfares. Bicycle means a device propelled by human power which any person may ride, having two (2) tandem wheels or having three (3) or more wheels in contact with the ground. Bicycle lane means any portion of a roadway designated for bicycle use and defined by pavement markings, curbs, signs or other traffic-control devices. Central Business District means all streets and portions of streets within the area described as follows. All that area bounded by the salt river on the north, to 10th Street on the south and from Myrtle Avenue on the east to Maple Avenue on the west. Commercial vehicle means every vehicle designed, maintained or used primarily for transportation of property and displaying the company name, or logo, or other identifying feature affixed on the vehicle. Curb loading zone means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. Dealer means a retail distributor of new or secondhand bicycles. Electric bicycle means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of no more than seven hundred and fifty (750) watts (1 h.p), the maximum speed of which on a paved level surface, when powered solely by such a motor, is 20 mph. ELECTRIC BICYCLE MEANS A BICYCLE OR TRICYCLE THAT IS EQUIPPED WITH FULLY OPERABLE PEDALS AND AN ELECTRIC MOTOR OF LESS THAN SEVEN HUNDRED FIFTY WATTS AND THAT MEETS THE REQUIREMENTS OF ONE OF THE FOLLOWING CLASSES: (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 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 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 MILES PER HOUR. Electric miniature scooter means a device that weighs less than thirty (30) pounds, has two (2) or three (3) wheels, has handlebars, has a floorboard on which a person may stand while riding, is powered by an electric motor or human power, or both and has a maximum speed that does not exceed ten (10) miles per hour with or without human propulsion on a paved level surface. Page 4 of 8 State law reference(s)—ARS 28-101.25 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. State law reference(s)—ARS 28-101.26 Electric standup scooter means a device which weighs less than seventy-five (75) pounds, has two (2) or three (3) wheels, has handlebars, has a floorboard on which a person may stand while riding, is powered by an electric motor or human power, or both, has a maximum speed that does not exceed twenty (20) miles per hour, with or without human propulsion, on a paved level surface, and does not include an electric miniature scooter. State law reference(s)—ARS 28-101.27 Human powered means movement accomplished or propelled by human power, such as walking, running, or by any vehicle or device which is designed and equipped to be propelled by human power, without any assistance by a motor or power unit, including a bicycle, roller skates, scooter or skateboard. Motorcade means an organized procession containing twenty-five (25) or more vehicles, except funeral processions, upon any public street, sidewalk or alley. Motor driven cycle means a motorcycle, including a ANY motor scooter, with a motor that produces not more than five (5) horsepower, BUT DOES NOT INCLUDE AN ELECTRIC BICYCLE, AN ELECTRIC MINIATURE SCOOTER OR AN ELECTRIC STANDUP SCOOTER. "MOTORCYCLE" MEANS A MOTOR VEHICLE THAT HAS A SEAT OR SADDLE FOR THE USE OF THE RIDER AND THAT IS DESIGNED TO TRAVEL ON NOT MORE THAN THREE WHEELS IN CONTACT WITH THE GROUND BUT EXCLUDES A TRACTOR, AN ELECTRIC BICYCLE, AN ELECTRIC MINIATURE SCOOTER, AN ELECTRIC STANDUP SCOOTER AND A MOPED. Motorized skateboard means a self-propelled device that does not have handlebars and that has a motor, a deck on which a person may ride and at least two (2) tandem wheels in contact with the ground. Motorized wheelchair means a self-propelled wheelchair that is used by a person for mobility. Non-Human powered means movement accomplished or propelled by anything other than human power, such as electric, gas, or other combustion. This includes electric skateboards or other devices that do not meet the definition of vehicles requiring registration under state law. This ALSO includes, BUT IS NOT LIMITED TO: (a) A motorized skateboard; (b) An electric standup scooter; (c) An electric miniature scooterand, (d) ELECTRIC BICYCLES. State law reference(s)—ARS 28-101.73 Operator means a person who operates or is in actual physical control of a motorized skateboard upon a public roadway, sidewalk, right-of-way, park, MULTI-USE PATH bicycle path or any other public property used for the operation of motor vehicles. Page 5 of 8 Owner means a person who holds the legal title to a motorized skateboard, or any person who is a lessee, conditional vendee or mortgagor of a motorized skateboard with a right to immediate possession. Parade means any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with normal and usual traffic regulations or controls. Parkway means that portion of a street between the curb lines of a roadway and the adjacent property lines. Rights-of-way means all the property used as a public thoroughfare and lying between the exterior boundary lines of any area granted to or received by the City by grant, gift, easement, deed, dedications or operations of law for street, alley, walk or utility purposes. Sidewalk means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians. Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers. Stop, when required, means complete cessation from movement. Stop or stopping, when prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. Traffic division means the traffic division of the Police Department of this City, or in the event a traffic division is not established, then such term, whenever used herein, shall be deemed to refer to the Police Department of this City. Traffic Engineer means the Transportation and Sustainability Director of the City or his designee. Trail means an area or areas of a preserve that have been designated and posted as trails OR MULTI-USE PATHS, including historical trails if designated and posted. ******* ARTICLE XVI. BICYCLES, ELECTRIC BICYCLES, HUMAN POWERED VEHICLES, NON-HUMAN POWERED VEHICLES AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES Sec. 19-181. Regulating—Purpose and intent. The State of Arizona has granted municipalities express authority to regulate or prohibit the operation of electric bicycles that are equipped with electric motors and non-human powered vehicles. It is the purpose and intent of this article to provide for the regulation to protect the safety of pedestrians, bicyclists, operators of electric bicycles, operators of human powered vehicles, operators of non-human powered vehicles and motor vehicle drivers. It is in the public interest to regulate the use of electric bicycles and non-human powered vehicles on public sidewalks. Sec. 19-182. Responsibility of parents, guardians and custodians. No person, a parent, guardian or custodian of a child, shall authorize or knowingly permit any child to violate this article. Created: 2025-05-02 09:50:13 [EST] (Supp. No. 30 Upd 1) Page 6 of 8 Sec. 19-183. Application of provisions. (a) The regulations of this chapter in their application to bicycles, electric bicycles, human powered vehicles, non-human powered vehicles and electric personal assistive mobility devices, shall apply when a bicycle, electric bicycle, human powered vehicle, non-human powered vehicle and electric personal assistive mobility device are operated upon any highway, roadway, bicycle path or sidewalk subject to those exceptions stated in this article. (b) ANY DEVICE EQUIPPED WITH A MOTOR OR ENGINE WHICH PROVIDES LOCOMOTION TO THE OPERATOR AND WHICH DOES NOT MEET THE STATUTORY DEFINITIONS OF AN ELECTRIC BICYCLE, ELECTRIC STANDUP SCOOTER, ELECTRIC MINIATURE SCOOTER, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE, OR OTHER DEVICE AUTHORIZED BY THIS ARTICLE, SHALL BE PROHIBITED FROM OPERATION WITHIN THE PUBLIC RIGHTS-OF-WAY, SIDEWALKS, BICYCLE PATHS AND TRAILS UNLESS PROPERLY REGISTERED, INSURED, AND LICENSED AS REQUIRED UNDER ARIZONA LAW. Sec. 19-184. Applicability of traffic laws. (a) A person riding an electric bicycle or non-human powered vehicle, WHICH DO NOT REQUIRE A DRIVER’S LICENSE TO OPERATE UNDER STATE LAW, are IS granted all of the rights of and are subject to all of the duties applicable to a bicycle rider under applicable state and local law. The non-human powered vehicle operator must operate in compliance with all speed restrictions. (b) A person operating an electric personal assistive mobility device shall have all of the rights and duties that are applicable to pedestrians except provisions that, by their nature, can have no application. Electric personal assistive mobility devices may be operated on sidewalks, shared paths, multi-use paths, and in bicycle lanes. No person shall ride or operate an electric personal assistive mobility device in bicycle lanes in any direction except that permitted by vehicular traffic on the same side of the roadway. OPERATORS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES SHALL OBEY ALL PEDESTRIAN CONTROL SIGNALS, TRAFFIC CONTROL DEVICES, AND SIGNS APPLICABLE TO PEDESTRIANS. State law reference(s)—A.R.S. § 28-908. (c) Non-human powered vehicles that are operated at speeds in excess of twenty (20) miles per hour are regulated by state law. When riding in bicycle lanes or in traffic lanes, non-human powered vehicles must comply with State traffic requirements and speed restrictions. (d) This article shall not be construed to require the licensing or registration of non-human powered vehicles or the carrying of insurance covering accidents involving non-human powered vehicles. (e) It is unlawful for any person operating a non-human powered vehicle not to obey the instructions of official traffic control signals, signs and other traffic direction devices applicable to vehicles, unless otherwise directed by a peace officer. (f) ANY OPERATOR OF A NON-HUMAN POWERED DEVICE SHALL, UPON REQUEST OF A PEACE OFFICER WHO HAS REASONABLE SUSPICION TO BELIEVE THE OPERATOR HAS COMMITTED A VIOLATION OF CITY OR STATE LAW, SUBMIT TO AN INSPECTION OF THE DEVICE FOR THE LIMITED PURPOSE OF DETERMINING THE DEVICE’S PROPER LEGAL CLASSIFICATION. Created: 2025-05-02 09:50:13 [EST] (Supp. No. 30 Upd 1) Page 7 of 8 Secs. 19-185—19-190. Reserved. ARTICLE XIX. OPERATION Sec. 19-212. Riding on sidewalks or bicycle lanes. (A) Whenever any person is permitted to ride a bicycle, electric bicycle, or non-human powered vehicle upon a sidewalk, such person shall yield the right-of-way to any pedestrian or electric personal assistive mobility device and shall slow to five (5) mph and give an audible signal before overtaking and passing such pedestrian or electric personal assistive mobility device. ANY PERSON OPERATING A BICYCLE, ELECTRIC BICYCLE, ELECTRIC SCOOTER OR OTHER NON-HUMAN POWERED DEVICE ON A SIDEWALK SHALL NOT EXCEED 10 MPH AND SHALL SLOW TO FIVE (5) MPH AND PROVIDE AN AUDIBLE SIGNAL BEFORE OVERTAKING AND PASSING PEDESTRIANS OR ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (B) No person shall ride or operate a bicycle, electric bicycle or non-human powered vehicle in any direction except as permitted by vehicular traffic on the same side of the roadway where the sidewalk or bicycle lane exists; provided, that bicycles, electric bicycles or non-human powered vehicles may proceed either way where signs or pavement markings on the sidewalk or bicycle lane appear designating two-way traffic. (C) Any person riding a bicycle, electric bicycle or non-human powered vehicle on a sidewalk or shared use path that is about to enter or cross a roadway shall yield the right-of-way to all traffic on such roadway. (D) A person may operate a bicycle, electric bicycle, or OTHER non-human powered vehicle upon a sidewalk where no bike lane is available and where the speed limit on the roadway is greater than twenty-five (25) miles per hour. (E) UNLESS EXPRESSLY PERMITTED BY THIS CHAPTER, no person shall operate an electric bicycle OR OTHER NON-HUMAN POWERED DEVICE on public sidewalks when the helper motor is engaged. (F) When accompanied by a parent or guardian, or with the consent of a parent or guardian, minors may operate human powered vehicles and bicycles on a sidewalk at all times unless otherwise posted. (G) When accompanied by a parent or guardian, or with the consent of a parent or guardian, minors who are sixteen (16) years of age or older may operate an electric personal assistive mobility device on a sidewalk. Sec. 19-213. Non-human powered vehicles must yield right-of-way. (a) A person operating an electric bicycle or OTHER non-human powered vehicle that is authorized to be on a multi-use path or shared path SHALL NOT EXCEED FIFTEEN (15) MPH, SHALL yield the right-of-way to any pedestrian or horse, and shall slow to five (5) miles per hour and communicate PROVIDE AN AUDIBLE SIGNAL TO the pedestrian or rider before overtaking or passing any pedestrian or horse. (b) No person shall operate a non-human powered vehicle in an unsafe manner so as to infringe upon the safety of themselves or the safety of other persons or property. (c) On a sidewalk, a person operating a non-human powered vehicle must yield the right-of-way to any pedestrian, human powered vehicle, or electric personal assistive mobility device. Created: 2025-05-02 09:50:13 [EST] (Supp. No. 30 Upd 1) Page 8 of 8 Sec. 19-214. General rules and prohibited operation. (a) An electric bicycle shall comply with the equipment and manufacturing requirements for electric bicycles adopted by the United States Consumer Product Safety Commission. Federal Law Reference - 16 C.F.R. Part 1512. (b) All electric bicycles must be equipped with a speedometer that displays the speed the electric bicycle is traveling in miles per hour. (c) It shall be unlawful for a person under sixteen (16) years of age to operate an electric bicycle or non-human powered vehicle without permission of his or her parent or guardian. NO PERSON UNDER THE AGE OF SIXTEEN MAY OPERATE A CLASS 3 ELECTRIC BICYCLE OR ANY SIMILAR DEVICE THAT CAN MEET OR EXCEED TWENTY-EIGHT (28) MILES PER HOUR (MPH). (d) It shall be unlawful to use an electric bicycle or non-human powered vehicle to carry more persons at one (1) time than the number for which it is designed and equipped. (e) When traveling in a bicycle lane or street, an electric bicycle or non-human powered vehicle may not be operated at speeds in excess of twenty-eight (28) miles per hour, or the speed limit, whichever is lower. (f) When traveling on a multi-use path, an electric bicycle or OTHER non-human powered vehicle may not be operated at a speed in excess of twenty (20) miles per hour FIFTEEN (15) MILES PER HOUR. (g) It shall be unlawful to operate a non-human powered vehicle that uses gas-power on any trails. (h) A person operating a bicycle, electric bicycle, or non-human powered vehicle on a roadway at less than the normal speed of traffic, at the time and place and under the then existing conditions, shall ride as close as practicable to the right-hand curb or edge of the roadway, except under the following conditions and when the movement can be made safely: (1) If overtaking and passing a bicycle, electric bicycle, non-human powered vehicle or vehicle proceeding in the same direction; (2) In preparing for a left turn at an intersection or into a private roadway or driveway; (3) If reasonably necessary to avoid hazardous conditions ahead in the roadway; or (4) If the lane in which the person is operating the bicycle, electric bicycle, or non-human powered vehicle is too narrow to travel safely side by side with another vehicle, bicycle, electric bicycle or non-human powered vehicle. (i) No person shall operate a non-human powered vehicle: (1) In any City parking structure or City park, except for use on public pathways or roadways within such park, or in any City preserve; (2) On any private property of another, or any public property which is not held open to the public for vehicle use, without the written permission of the owner, the person entitled to immediate possession of the property, or the authorized agent of either. (k) No person operating or riding upon a human powered or non-human powered vehicle shall attach themselves in any manner to any other vehicle. (l) No person shall operate a non-human powered vehicle while carrying any package, bundle or article which prevents the operator from keeping both hands upon the steering mechanism at all times.