Loading...
HomeMy WebLinkAboutORDINANCE 03-190 0 ORDINANCE NO.03-19 AN ORDINANCE REENACTING CHAPTER 9.18 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK RELATING TO MICROMOBILIW DEVICES WHEREAS,the Board of Trustees encourages alternative transportation modes that are environmentaHy friendly,reduce society’s dependence on fossil fuels,and encourage more people to complete trips by environmentally-friendly modes of transportation;and WHEREAS,the Board of Trustees is committed to embracing new transportation and mobility technology and desires to prepare for the safe integration of Electric Mobility Scooters (EMS5)into the Town’s transportation system and to ensure that the use of EMSs as alternate modes of transportation contemplated by this ordinance is safe,prudent,and in the best interest of all users;and WHEREAS,neither state nor municipal law contemplated EMS devices to be used in the emerging manner as a transportation device;and WHEREAS,the state law currently treats EMSs as ‘toy vehicles”and,as such, prohibits their operation in bicycle lanes or roadways;and WHEREAS,EMSs are more akin to bicycles than toy vehicles given the speed at which they travel,and WHEREAS,Estes Park has a desire to govern the use of EMSs to respect safety and infrastructure and to enact laws and rules that protect and provide guidance to EMS operators,EMS suppliers,law enforcement,city officials,pedestrians,and the general public;and WHEREAS,the Estes Park Municipal Code does not permit electric assisted bicycles to be operated on bicycle and pedestrian paths;and WHEREAS,the Colorado General Assembly recently passed House Bill 17- 1151,which refines the definition of an Electric Assisted Bicycle and affords such mode of transportation a presumption of allowance on bike and pedestrian paths in the state unless a municipality provides otherwise;and WHEREAS,the Board of Trustees wishes to implement House Bill 17-1151;and WHEREAS,the Board of Trustees desires to amend the Town Code to prohibit the rental of MDs without permits issued by the Town;and WHEREAS,the Board of Trustees of the Town determined that it is in the best interest of the Town to Municipal Code of the Town of Estes Park,Colorado. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS: Section 1:Chapter 9.18 of the Municipal Code is hereby repealed in its entirety and replaced as forth on Exhibit A. Section 2:This Ordinance shall take effect and be enforced thirty its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town Colorado this Ia.day of ,2019. ATTEST: (30)days after of Estes Park, Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the Ia day of \-w-&4 ,2019 and published in a newspaper of general circulation in the Town of Estes Park,Colorado,on the jday of \-tcv ,2019,all as required by the Statutes of the State of Colorado. TgClerk 0 C of Estes Park,Colorado has amend certain sections of the PARK By: Mayor 0 0 EXHIBIT A Chapter 9.18 Micromobility Devices 9.18.010 Definitions (a)Bicycle means a device propelled by human power upon which any one (1)or more persons may ride and which is composed of one (1)or more wheels.Bicycle includes unicycles,tricycles,tandem bicycles,and pedicabs. (b)Electric assisted bicycle means a vehicle having two or three wheels,fully operable pedals,and an electric motor not exceeding seven hundred fifty (750)watts (one horsepower)of power,and conforming to one of three classes as follows: 1)“Class 1 electric assisted bicycle”means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20)miles per hour. 2)“Class 2 electric assisted bicycle”means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty (20)miles per hour. 3)“Class 3 electric assisted bicycle”means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28)miles per hour (c)Electric mobility scooter (EMS)means a stand-up scooter with two tandem wheels,designed to transport only one person,and that is powered by an electric propulsion system having a top speed of no more than twenty miles per hour. (d)Electronic personal assistive mobility device (EPAMD or segway)means a self-balancing,two (2)nontandem wheeled device that is designed to transport only one (1)person;solely powered by an electrical propulsion system with an average power of seven hundred fifty watts (one horsepower)with a maximum speed of less than fifteen (15)mph on a paved level surface. (e)Micromobility device (MD)means any small,human or electric-powered transportation solution such as a bicycle,electric assisted bicycle,scooter,EMS, EPAMD,rollerblades,skateboard,or any other small,lightweight vehicle that is being used to move persons for recreational or point-to-point trips within public rights of way or transportation easements (f)Multi-use path means those publicly owned and maintained trails,paths, and rights-of-way not less than 8’wide and designated as trails or paths in the Estes C C Valley Master Trails Plan,as amended and on file in the office of the Community Development Director and the Public Works Director. (g)Roadway means that portion of a public road improved,designed,or ordinarily used for vehicular traffic,and exclusive of that portion of a road designed for exclusive use of MDs or pedestrians. (h)Rollerbiades means a pair of shoes or boots which have attached wheels and allows the person wearing the boots to propel themselves along a surface. Rollerblades includes roller skates and in-line skates. (i)Sidewalk means the public pedestrian walkway commonly less than 8’ wide,generally parallel to and situated within the adjacent public street right of way,and maintained by the adjacent private property owners. (j)Skateboard means a device propelled by human or motorized power upon which any person may ride,which is composed of one (1)or more wheels and upon which is mounted a flat board or surface designed to carry one (1)person. (Ic)Toy vehicle shall mean any vehicle that has wheels and is not designed for use on public highways or for off-road use.Toy vehicle includes,but is not limited to,gas-powered or electric-powered vehicles commonly known as minibikes,“pocket bikes”,kamikaze boards,go-peds,and stand-up scooters except for EMSs as defined in this Chapter.Toy vehicle does not include off-highway vehicles or snowmobiles. 9.18.020 Scope. The provisions of this Chapter apply to micromobility devices (MDs)whenever an MD is operated upon any public roadway,multi-use path,or sidewalk designated for the use of an MD subject to the regulaUons contained herein.These regulations do not apply to a toy vehicle,wheelchair,or any ADA Mobility aids/devices designed to assist mobility impaired people who use pedestrian rights-of-way or multi-use paths. 9.18.030 Application of traffic laws. (a)A person operating an MD on a public roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by the traffic rules and regulations of the Town of Estes Park,except as to those provisions which by their nature have no application. (b)Except as otherwise provided in tMs Chapter,the operation of MDs in the Town shall be exempt from the provisions of ordinances that pertain exclusively to motorized vehicles in the Town. (c)For purposes of operation,parking,and equipment,MDs shall be subject to the applicable provisions of Sections 109,221,and 1412 of the Model Traffic Code; 0 0 except where any specific provisions of this Chapter regulate operation and parking of MDs. 9.18.040 Carrying articles. It is unlawful for a person operating an MD to carry any package,bundle,or article that prevents the operator from keeping full control of the MD at all times. 9.18.050 Riding in bicycle lanes,roadways,and sidewalks. (a)An MD may be operated in any bicycle lane or in the roadway.If no bicycle lane is available,the MD may be operated on the sidewalk except where restricted by this Chapter. (b)Persons operating an MD on a sidewalk in accordance with this Chapter may not exceed a speed of six miles per hour and must yield to pedestrians at all times. (c)Persons operating an MD on a multi-use path in accordance with this Chapter may not exceed a speed of 15 miles per hour and must yield to pedestrians at all times. (d)It is unlawful for any person to operate an MD on a public roadway,bicycle lane,sidewalk or multi-use path at a speed greater than is reasonable and prudent under the conditions then existing or in excess of the posted speed limit. (e)This section does not apply to a uniformed Town,state,or federal employee operating an MD while engaged in the discharge of his or her duties or to a police officer operating an MD that is a marked or unmarked official police vehicle,while engaged in the discharge of his or her official duties. (f)It is unlawful for groups of ten or more persons using MDs to operate as a group within the Town on any public roadway,bike lane,sidewalk,or multi-use path. 9.18.060 Restrictions. It is unlawful for any person to operate MDs in the following public areas: (a)The Riverwalk from the east portion of the pedestrian tunnel under US Highway 36 west to the west boundary of Tregent Park. (b)The Riverwalk from West Riverside Drive south to Piccadilly Square. (c)All of George Hix Riverside Plaza. (d)All municipal parking lots and the parking structure (bicycles and electric assisted bicycles excepted). (e)Performance Park (bicycles and electric assisted bicycles excepted). Q C (f)Public sidewalks appurtenant to Elkhorn Avenue from 300 East Elkhorn Avenue to and including 200 West Elkhorn Avenue. (g)Public sidewalks appurtenant to Moraine Avenue from 100 Moraine Avenue to its intersection with Elkhorn Avenue. (h)The provisions of this Chapter limiting the use of MDs shall not apply to a person with a mobility impairment caused by physical disability that uses the device to enhance that persons mobility. (i)It shall be unlawful for any parent,guardian,or any adult to authorize, assist,permit,or encourage any minor to operate any MD in violation of the provisions of this Chapter. (j)It shall be unlawful to operate any toy vehicle on any public roadway.Toy vehicles are permitted on sidewalks and multi-use paths where MD’s are allowed under these provisions. 9.18.070 Commercial uses of micromobility devices. (a)It is unlawful for the owner of an MD to rent the MD to any person in the Town unless the owner of the MD has obtained a business license from the Town in compliance with the Municipal Code.Such rental services shall be operated from a building physically located in the Town on land properly zoned for such rental hub operations. (b)As a condition of the permit,the permittee shall:maintain the MDs in safe working condition;ensure that all MDs are equipped with operational audible warning devices at all times;require that all MD tour guides are properly trained and/or certified operators;ensure that the MDs are operated in compliance with all applicable law; provide certified helmets for the use of MD renters in compliance with Section 1502(4.5) of the Model Traffic Code,and store the MDs securely indoors on the business property when not in operation by customers/employees. 9.18.080 Administrative Rules. To allow for safe integration of MDs on Town roadways,sidewalks,and multi use paths,the Town Administrator may prescribe,adopt,promulgate and enforce reasonable rules that restrict or otherwise limit the time,place or manner of operation or use of MDs.