Chapter 10.40
USE OF ELECTRIC ASSIST MOBILITY DEVICES ON CLASS I BIKE TRAILS
Sections:
10.40.030 Authority to operate.
10.40.050 Promulgation of rules and regulations—Prohibition of electric assist mobility devices.
10.40.010 Purpose.
The city council finds and declares that the purpose of the ordinance codified in this chapter is to regulate the safe use of certain electric assist mobility devices on the city’s Class I bike trails in order to promote the public peace, health, welfare and safe enjoyment of the trails by all users. The city finds that reasonable time, place and manner regulations are necessary as permitted by California Vehicle Code Section 21282 in order to protect senior citizens, pedestrians, bicyclists and others using the city’s bike trails. This chapter is not intended to apply to or otherwise restrict “motorized quadricycle,” “motorized tricycle” and “electric wheelchairs,” as defined in California Vehicle Code Section 407 and/or the Americans with Disabilities Act (ADA), utilized by persons who by reason of physical disability are otherwise unable to move about as a pedestrian. (Ord. 1175 § 2 (part), 2013)
10.40.020 Definitions.
A. “Director” shall mean the director of parks and recreation department of the city, or his/her designee.
B. “Electric assist mobility device” means any electrically driven motor device which assists mobility for individuals to which one or more wheels are attached. This definition includes electric personal assistive mobility device (Segway and similar devices), electric bicycle, and electric scooter as defined herein.
C. “Electric personal assistive mobility device” has the same definition as set forth in California Vehicle Code Section 313.
D. “Electric bicycle” (E-bike) has the same definition as set forth in California Vehicle Code Section 406(b) as “motorized bicycle.”
E. “Electric scooter” (E-scooter/motorized scooters) has the same definition as set forth in California Vehicle Code Section 407.5 as “motorized scooter” that is powered by an electric motor or human propulsion. For purpose of this title, “electric scooter” does not include a device powered by gasoline. (Ord. 1175 § 2 (part), 2013)
10.40.030 Authority to operate.
A. Electric personal assistive mobility devices may be operated on a Class I bike trail within the city’s boundaries.
B. Electric bicycles with a license plate required under California Vehicle Code Section 5030 may be operated on a Class I bike trail within the city’s boundaries, subject to the regulations, restrictions and prohibitions set forth in this chapter and Chapter 10.24.
C. Electric scooters may be operated on a Class I bike trail within the city’s boundaries, subject to the regulations set forth in Articles 5 and 6 of Chapter 1, Division 11 of the California Vehicle Code (Section 21220 et seq.) and the regulations, restrictions and prohibitions set forth in this chapter.
D. Appropriate educational signage shall be posted on the Class I bike trail that notifies the public of the permissible use of electric assist mobility device pursuant to this chapter. (Ord. 1175 § 2 (part), 2013)
10.40.040 Use regulations.
A. Electric personal assistive mobility devices shall be operated only on paved portions of the bike trail and shall not deviate, except in an emergency, onto unpaved areas of the trail.
B. The operator of an electric scooter on the city’s Class I bike trail shall not do any of the following:
1. Operate an electric scooter unless it is equipped with a brake that will enable the operator to make a braked wheel skid on dry, level, clean pavement.
2. Operate an electric scooter with a speed limit in excess of fifteen miles per hour.
3. Operate an electric scooter without wearing, at a minimum, a properly fitted and fastened bicycle helmet that meets the standards described in California Vehicle Code Section 21212.
4. Operate an electric scooter without a valid driver’s license or instruction permit as required by California Vehicle Code Section 21235.
5. Operate an electric scooter with any passengers in addition to the operator.
6. Operate an electric scooter carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars.
7. Operate an electric scooter upon a sidewalk, except as may be necessary to enter or leave adjacent property.
8. Operate an electric scooter with the handlebars raised so that the operator must elevate his or her hands above the level of his or her shoulders in order to grasp the normal steering grip area.
9. Leave an electric scooter lying on its side on the bike trail, or park an electric scooter on a bike trail in any other position, so that there is not an adequate path for pedestrian or bicycle traffic.
10. Towing by any means or any person on a skateboard, skates, scooter, bicycle or other wheeled device, vehicle or another electric assist mobility device. (Ord. 1175 § 2 (part), 2013)
10.40.050 Promulgation of rules and regulations—Prohibition of electric assist mobility devices.
A. The director may promulgate reasonable rules and policies pertaining to the use of electric assist mobility devices on the city’s Class I bike trail for purpose of maintaining the safe enjoyment of the bike trail by all users.
B. Notwithstanding any provision to the contrary, the director may restrict or prohibit the use of any electric assist mobility device anywhere on the city’s Class I bike trails whenever it is determined in the director’s discretion that such prohibition is necessary for the protection of public property, for public safety, or when such use is inconsistent with the safe use of the trails by pedestrians and/or bicyclists. Notice of prohibition or restriction, including the location and the duration, shall be posted as quickly as practicable at the affected location on the Class I bike trail within the city’s boundaries. (Ord. 1175 § 2 (part), 2013)
10.40.060 Enforcement.
A. Violations of this chapter shall constitute infractions. Violation not abated at the end of the day shall constitute a new violation on the following day. In addition to all other remedies at law or in equity, violations may be punishable by a fine not exceeding fifty dollars for the first violation; a fine not exceeding one hundred dollars for a second violation of the same provision within one year; and a fine not exceeding five hundred dollars for each additional violation of the same provision within one year.
B. Violations of this chapter may also be enforced pursuant to the provisions of Chapter 1.09. Notwithstanding other provisions of Chapter 1.09, no notice to correct as provided therein shall be required prior to issuance of a notice of violation and imposition of administrative penalties.
C. The remedies set forth in this chapter are cumulative to any other remedy available to the city. Pursuit of one remedy shall not preclude any other remedy, and nothing contained in this chapter shall limit or be deemed to prevent the city from pursuing any other remedy available to the city under the Folsom Municipal Code or other applicable law.
D. In addition to the sanctions set forth herein, the chief of police or his/her designee, the director or his/her designee, or any other city employees authorized to enforce the provisions of this chapter shall have the right to:
1. Impound for a period not to exceed fourteen calendar days any electric assist mobility devices which are being used or operated while the operator is intoxicated or under the influence of alcohol or drugs, or if further operation of the device by the operator would pose a significant danger to the public.
2. Any combination of allowed sanctions and penalties which the enforcement authority deems appropriate under the circumstances. (Ord. 1175 § 2 (part), 2013)