CHAPTER 9-05
BICYCLES
SECTIONS:
9-05-001-0001 APPLICATION OF PROVISIONS
9-05-001-0002 DEFINITIONS
9-05-001-0003 TRAFFIC LAWS APPLY
9-05-001-0004 FACILITIES UPON WHICH PERSONS ARE AUTHORIZED TO OPERATE DEVICES
9-05-001-0005 RIDING ON BICYCLES AND OTHER DEVICES
9-05-001-0006 EQUIPMENT
9-05-001-0007 OPERATION ON ROADWAYS AND BICYCLE LANES
9-05-001-0008 OPERATION ON SIDEWALKS AND MULTIUSE PATHS
9-05-001-0009 BICYCLE REGISTRATION
9-05-001-0010 BICYCLE HELMETS/PROTECTIVE EQUIPMENT
9-05-001-0011 REFUSING TO PROVIDE TRUTHFUL NAME, DATE OF BIRTH AND CURRENT ADDRESS WHEN LAWFULLY DETAINED
9-05-001-0012 PERMIT AGREEMENT
9-05-001-0001 APPLICATION OF PROVISIONS
A. The parent of a child and the guardian of a ward shall not authorize or knowingly permit the child or ward to violate any of the provisions of this chapter.
B. The regulations of this chapter in their application to bicycles, electric or motorized bicycles, electric personal assistive mobility devices, electric standup scooters, skateboards or lightweight wheeled vehicles shall apply when such device is operated upon any roadway, multiuse path, or sidewalk subject to those exceptions stated in this chapter.
C. The regulations of this chapter shall not apply to exempt vehicles when they are used for the purposes for which they are intended. (Ord. 2011-26, Amended, 12/20/2011; Ord. 2019-19, Amended, 06/18/2019)
9-05-001-0002 DEFINITIONS
For purposes of this chapter:
A. "Bicycle" means a device, including a racing wheelchair, that is propelled by human power and on which a person may ride and that has either:
1. Two (2) tandem wheels, either of which is more than sixteen (16) inches in diameter.
2. Three (3) wheels in contact with the ground, any of which is more than sixteen (16) inches in diameter.
B. "Bicycle lane" means that portion of the roadway striped and designated for the use of bicycles.
C. "Device" means a bicycle, electric or motorized bicycle, electric standup scooter, skateboard or lightweight wheeled vehicle that may or may not be ridden upon a roadway, multiuse path, bicycle lane or sidewalk pursuant to this code and the Arizona Revised Statutes.
D. "Electric bicycle" means a bicycle or tricycle that is equipped with fully operable pedals and an electric motor of less than seven hundred fifty (750) watts and that meets the requirements of one (1) of the following classes:
1. "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.
2. "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 (20) miles per hour.
3. "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.
E. "Electric personal assistive mobility device" means a self-balancing device with one (1) wheel or two (2) nontandem 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.
F. "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 when 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 hard, level surface.
G. "Electric standup scooter" means a device that 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 hard, level surface. This does not include an electric miniature scooter.
H. "Exempt vehicles," when used for the purposes for which they are intended, means wagons, wheelchairs, and strollers or other devices designed and used for the purpose of transporting children, infants, physically challenged or incapacitated persons, or carts or other devices intended and used for transporting merchandise or materials.
I. "Motorized bicycle" means a motorized gas-powered bicycle or tricycle that is equipped with a helper motor that has a maximum piston displacement of forty-eight (48) cubic centimeters or less, that may also be self-propelled and that is operated at speeds of less than twenty (20) miles per hour.
J. "Multiuse path" means a hard-surfaced or aggregate path that is physically separated from the roadway and designed and intended for the shared use of bicycles, pedestrians and other devices. Multiuse paths include, but are not limited to, paths that are signed, designated, and illustrated on official maps as part of the Flagstaff Urban Trails System (FUTS).
K. "Lightweight wheeled vehicle" means roller skates, inline skates, scooters, roller skis, unicycles, or any other human-powered nonmotorized conveyance device with wheels or rollers.
L. "Ride or riding" means operating a device either wholly or partially sitting, standing or lying upon such by a person whether such device is in motion or stationary.
M. "Roadway" means all of the improved portion of a street which is intended for vehicular travel or parking.
N. "Sidewalk" means that portion of a street that is between the curb lines or the lateral lines of a roadway and the adjacent property lines that is intended for the use of pedestrians.
O. "Skateboard" means a platform mounted on wheels that is propelled by human power.
P. "Vendor" means a person or entity that rents more than fifty (50) bicycles or scooters.
Q. "Permit agreement" means permission to locate or place bicycles or scooters in any City right-of-way, including public streets, alleys, sidewalks, multiuse paths or other public right-of-way, for the purposes of making them available for rent. (Ord. 1848, Amended, 12/06/94; Ord. 2011-26, Amended, 12/20/2011; Ord. 2019-19, Amended, 06/18/2019)
9-05-001-0003 TRAFFIC LAWS APPLY
Every person operating a bicycle, electric or motorized bicycle, or electric standup scooter upon a roadway is granted all the rights and shall be subject to all of the duties applicable to the driver of a vehicle pursuant to this code and the Arizona Revised Statutes. (Ord. 2011-26, 12/20/2011; Ord. 2019-19, Amended, 06/18/2019)
9-05-001-0004 FACILITIES UPON WHICH PERSONS ARE AUTHORIZED TO OPERATE DEVICES
A. The following table indicates where devices are allowed or prohibited on facilities:
|
Device |
Sidewalks* |
Bike Lane |
Roadway |
FUTS* Paved/Hard Surface |
FUTS* Unpaved/Gravel |
|---|---|---|---|---|---|
|
Bicycle |
Yes |
Yes |
Yes |
Yes |
Yes |
|
E-bike, Class 1 |
Yes |
Yes |
Yes |
Yes |
Yes |
|
E-bike, Class 2 |
Yes |
Yes |
Yes |
Yes |
Yes |
|
E-bike, Class 3 |
No |
Yes |
Yes |
No |
No |
|
Electric personal assistive mobility device |
Yes |
Yes |
Yes |
Yes |
Yes |
|
E-standup scooter |
No |
Yes |
Yes |
Yes |
No |
|
Motorized bicycle |
No |
Yes |
Yes |
No |
No |
|
Lightweight wheeled vehicle |
Yes |
Yes |
Yes |
Yes |
Yes |
*Under Section 9-05-001-0008 all devices may be prohibited on certain sidewalks by the posting of signs prohibiting their use in a particular area. Electric bikes and electric scooters may also be prohibited on certain multiuse paths by the posting of signs prohibiting their use on those multiuse paths. Compliance with the posted signs is required.
B. Penalty. A violation of this section shall be a civil traffic offense punishable by a fine of not less than twenty-five dollars ($25.00) nor more than seventy-five dollars ($75.00) for each offense. (Ord. 2019-19, Enacted, 06/18/2019)
9-05-001-0005 RIDING ON BICYCLES AND OTHER DEVICES
A. A person operating a device shall not:
1. Ride other than upon or astride a permanent and regular seat attached thereto.
2. Carry more persons at one (1) time than the number for which it is designed and equipped.
3. Attach the same or themselves to any vehicle upon a roadway.
4. Carry any package or article which prevents the driver from keeping at least one (1) hand upon the handlebars.
5. Operate a device at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing, or in excess of the posted speed limit.
6. Penalty. A violation of this section shall be a civil traffic offense punishable by a fine of not less than twenty-five dollars ($25.00) nor more than seventy-five dollars ($75.00) for each offense.
B. A person shall not operate a device with reckless disregard for persons and property.
1. Penalty. A violation of this section is a Class 2 misdemeanor. (Ord. 2011-26, Amended, 12/20/2011; Ord. 2019-19, Ren&Amd, 06/18/2019)
9-05-001-0006 EQUIPMENT
A. Every bicycle, electric or motorized bicycle, or electric standup scooter when in use at nighttime shall be equipped with a lamp on the front, either affixed to the device or worn on the person, which shall emit a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type approved by the Arizona Department of Transportation, which shall be visible from all distances from fifty (50) feet to three hundred (300) feet to the rear, when directly in front of lawful upper beams of headlamps on motor vehicles. A lamp on the rear emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in place of the red reflector.
B. Every bicycle, electric or motorized bicycle, or electric standup scooter shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
C. Penalty. A violation of this section shall be a civil traffic offense punishable by a fine of not less than twenty-five dollars ($25.00) nor more than seventy-five dollars ($75.00) for each offense. (Ord. 903, 11-9-73; Ord. 2011-26, Amended, 12/20/2011; Ord. 2019-19, Ren&Amd, 06/18/2019)
9-05-001-0007 OPERATION ON ROADWAYS AND BICYCLE LANES
A. A person operating a device on the roadway or bicycle lane at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:
1. If overtaking and passing another device proceeding in the same direction.
2. If preparing for a left turn at an intersection or into a private road or driveway.
3. If reasonably necessary to avoid conditions, including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, snow and ice, or surface hazards.
4. If the lane in which the person is operating the bicycle is too narrow for a device and a vehicle to travel safely side by side within the lane.
5. When proceeding straight through an area where a right-turn is permitted, in order to avoid conflicts with right-turning vehicles.
B. When parking is allowed along the roadway, then the "right side of the roadway" shall be deemed to be to the left of any parked vehicles or parking lane, including the area occupied by open car doors, or to the right of any parked vehicles or parking lane on the left side of one-way streets.
C. Persons operating a device upon a roadway or bicycle lane shall not ride more than two (2) abreast except where set aside for the use of bicycles.
D. Penalty. A violation of this section shall be a civil traffic offense punishable by a fine of not less than twenty-five dollars ($25.00) nor more than seventy-five dollars ($75.00) for each offense. (Ord. 2011-26, Amended, 12/20/2011; Ord. 2019-19, Ren&Amd, 06/18/2019)
9-05-001-0008 OPERATION ON SIDEWALKS AND MULTIUSE PATHS
A. Where signs are erected giving notice thereof, no person shall ride a bicycle, electric or motorized bicycle, electric personal assistive mobility device, electric standup scooter, skateboard or lightweight wheeled vehicle upon a sidewalk. Signs prohibiting such activity shall be installed at locations as directed by the Office of the Traffic Engineer.
B. Where signs are erected giving notice thereof, no person shall ride an electric bike, in its motorized capacity, or an electric scooter on a multiuse path.
C. If a device is authorized to be ridden upon a sidewalk or multiuse path, the person operating the device shall be subject to the following provisions:
1. Yield the right-of-way to all pedestrians and exempt vehicles.
2. Give an audible signal before overtaking and passing any pedestrian or exempt vehicle traveling in the same direction on the sidewalk.
3. Follow requirements of any posted signs relating to proper etiquette while utilizing multiuse paths.
D. Penalty. A violation of this section shall be a civil traffic offense punishable by a fine of not less than twenty-five dollars ($25.00) nor more than seventy-five dollars ($75.00) for each offense. (Ord. 1848, Amended, 12/06/94; Ord. 2011-26, Amended, 12/20/2011; Ord. 2019-19, Ren&Amd, 06/18/2019)
9-05-001-0009 BICYCLE REGISTRATION
The Chief of Police, or his or her designee, is hereby authorized and directed to issue, upon written application, bicycle registration tags. The Chief of Police shall designate and provide tags for the use of the registrant, direct the manner of placing such tags on the bicycles by the registrants, and keep a record of the name of the registrant, the number of the tag, the date of issuance of the tag, and pertinent information about the bicycle. A fee may be charged for registration and the tag. (Ord. 2011-26, Amended, 12/20/2011; Ord. 2019-19, Amended, 06/18/2019)
9-05-001-0010 BICYCLE HELMETS/PROTECTIVE EQUIPMENT
A. It shall be unlawful for any person under eighteen (18) years of age to operate or ride upon a bicycle, electric or motorized bicycle, electric personal assistive mobility device, electric miniature scooter, electric standup scooter, skateboard or lightweight wheeled vehicle on any roadway, sidewalk, or multiuse path unless that person wears a protective helmet that is properly fitted and fastened.
B. No parent or guardian of any unemancipated minor under eighteen (18) years of age shall knowingly allow the minor to violate this section.
C. Violation of this section shall constitute a civil traffic offense and shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than seventy-five dollars ($75.00) for each offense.
D. The first time a person is charged with a violation of this section the Court may dismiss the charge upon presentation of evidence that the person has purchased or obtained a protective helmet.
E. For purposes of this section "protective bicycle helmet" means a helmet containing a manufacturer’s certification that it meets the standards of either the American National Standards Institute (ANSI), the American Society for Testing and Materials (ASTM), or the United States Consumer Product Safety Commission (CPSC).
F. Except as authorized by A.R.S. Section 28-1599, a violation of this chapter cannot be used as evidence of negligence or comparative negligence in a subsequent civil or criminal proceeding. (Ord. 2009-13, Amended, 06/02/2009; Ord. 2010-22, Amended, 09/07/10; Ord. 2011-26, Amended, 12/20/2011; Ord. 2019-19, Amended, 06/18/2019)
9-05-001-0011 REFUSING TO PROVIDE TRUTHFUL NAME, DATE OF BIRTH AND CURRENT ADDRESS WHEN LAWFULLY DETAINED
A. It is unlawful for a person, after being advised that the person’s refusal to answer is unlawful, to fail or refuse to state the person’s true full name, date of birth and current address on request of a peace officer who has lawfully detained the person based on reasonable suspicion that the person has committed a violation of this chapter. A person detained under this section shall state the person’s true full name, date of birth and current address, but shall not be compelled to answer any other inquiry of a peace officer.
B. A person who violates this section is guilty of a Class 2 misdemeanor. (Ord. 2019-19, Enacted, 06/18/2019)
9-05-001-0012 PERMIT AGREEMENT
A. Permit Agreement Required. No vendor shall locate or place bicycles or scooters in any City right-of-way, including public streets, alleys, sidewalks, multiuse paths or other public right-of-way, for the purposes of making them available for rent, without first obtaining a permit agreement approved by the City.
B. Failure to enter into a permit agreement required under this section for offering bicycles or scooters for bike sharing or scooter sharing shall result in the impoundment of every bicycle or scooter placed upon the right-of-way or any other public property. The City will make reasonable efforts to notify the vendor prior to impoundment.
C. An impoundment fee shall be assessed for every bicycle or scooter collected in violation of this section and any person or entity shall pay a penalty of five hundred dollars ($500.00) per device for the redemption and release of each impounded bicycle or scooter. (Ord. 2019-19, Enacted, 06/18/2019)