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§ 2-1 TITLE 11 — TRAFFIC § 2-2 Chapter 2 BICYCLES, E-BIKES, E-SCOOTERS, AND E-BOARDS Sec. 2-1: Purpose Sec. 2-2: Definitions Sec. 2-3: General Standards Sec. 2-4: Riding on Roadways Sec. 2-5: Riding on Sidewalks Sec. 2-6: Riding on Non-Motorized Pathways Sec. 2-7: Bicycle, E-Bike, E-Scooter, and E-Board Parking Sec. 2-8: Tampering Prohibited Sec. 2-9: Abandonment Sec. 2-10: Shared Mobility Programs Sec. 2-11: Enforcement Agency Sec. 2-12: Penalties Sec. 2-1. Purpose. The purpose of this Chapter is to promote public safety by regulating the use of motorized vehicles, bicycles, E-bikes, E- scooters, and E-boards on roadways, bike lanes, sidewalks and non-motorized pathways within the City. (Ord. 2022-04, 02/07/2022) Sec. 2-2. Definitions. For the purposes of this chapter, the following terms, phrases, words, and derivations shall have the meaning given herein. A. Abandonment: A bicycle, E-bike, E- scooter, E-board, or any part thereof, that is left or remains unattended or unused in a public place for forty-eight (48) consecutive hours or longer after it is tagged with a notice of intention to abate. Any device left unattended on private property without owner consent, or on public property in a manner that presents safety or accessibility concerns, or that is left in an inoperable condition, may be impounded immediately, without issuance of a notice to abate. B. Bicycle: Every vehicle having two tandem wheels, or two parallel wheels and one forward wheel, any two of which are not less than twelve inches (12") in diameter, that is designed to be operated from a seated position, propelled exclusively by human power upon which any person may ride, except scooters and similar devices. C. Bike Lane: A portion of a roadway designated for preferential or exclusive use by bicycles, E-bikes, E-scooters, or E-boards that is distinguished from that portion of the roadway to be used by motor vehicles by a painted strip and other pavement markings. D. Non-Motorized Pathway: A completely separate right-of-way posted and designated primarily for use by bicycles, E-bikes, E-scooters, E- boards, or pedestrians, including but not limited to the Paradise Path, Latah Trail, and Chipman Trail, University of Idaho Pedestrian Walkways and similar non-motorized pathways. E. Electric Power-Assisted Bicycle bike): A vehicle having two tandem wheels or two parallel wheels and one forward wheel, any two of which are not less than twelve inches (12") in diameter, that is designed to be operated from a seated position, by human power with the assistance of an electric motor. The device may be designed to also be powered by human propulsion. An E-bike is not a motor vehicle for purposes of this chapter. F. Electric Power-Assisted Boards board): A wheeled device that has a floorboard, that is designed to be stood upon when riding, and is powered by an electric motor. The device may be designed to also be powered by human propulsion. An E-board is not a motor vehicle for purposes of this chapter. G. Electric Power-Assisted Scooter scooter): A wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor. The device may be designed to also be powered by human propulsion. An E- scooter is not a motor vehicle for ---PAGE BREAK--- § 2-2 TITLE 11 — TRAFFIC § 2-4 purposes of this chapter. H. Obstructive Bicycle, E-bike, E-scooter, or E-board: Any bicycle, E-bike, E- scooter, E-board, or any part thereof, left in a public place that obstructs or impedes vehicular or pedestrian traffic. I. Operator: A person in exclusive control of a bicycle, E-bike, E-scooter or E-board and using the device. J. Station-based Shared Mobility Program: A system of self-service bicycles, E-bikes, E-scooters, E-boards or any combination thereof, for hire, operated by a station-based shared mobility program operator, which requires a bicycle rack and/or a bicycle, E-bike, E-scooter, or E-board sharing station. K. Stationless Shared Mobility Program: A system of self-service bicycles, E- bikes, E-scooters, E-boards, or any combination thereof, for hire, operated by a stationless shared mobility program operator, which does not require a bicycle rack or a bicycle, E- bike, E-scooter, or E-board sharing station. (Ord. 2022-04, 02/07/2022; 2022-11, 08/15/2022) Sec. 2-3. General Standards. A. Every person, regardless of age, who operates a bicycle, E-bike, E-scooter, or E-board upon a roadway, public parking lot, sidewalk, bike path, bike lane or other public vehicular right-of- way in the City of Moscow ("City") shall be granted the same rights and shall be subject to the same responsibilities applicable to a motor vehicle operator by the laws of the State of Idaho, and the provisions of this title not in conflict with and as authorized under title 49 of the Idaho Code. B. All operators of bicycles, E-bikes, E- scooters and E-boards are expected to operate the devices in a safe manner as approved by the manufacturer. C. Exemption: Any peace officer as defined in Idaho Code, operating a bicycle, E-bike, E-scooter, or E-board in the course and scope of his/her official duties is exempt from the requirements of this chapter. (Ord. 2022-04, 02/07/2022) Sec. 2-4. Riding on Roadways. A. No person shall operate a bicycle, E- bike, E-scooter, or E-board on a roadway against the flow of motorized vehicular traffic, except where permitted by official signs or pavement markings. B. Every person operating a bicycle, E- bike, E-scooter, or E-board upon a two- way roadway is entitled to use the lane appropriate for the intended destination, including the right-hand lane. The bicycle, E-bike, E-scooter, or E-board rider shall proceed in the same direction of travel as other vehicles authorized to use that lane. On one-way roadways a bicycle, E-bike, E-scooter, or E-board may be operated in any existing lane. C. Wherever a bike lane is present upon a roadway, the operator of a bicycle, E- bike, E-scooter, or E-board shall use that lane and shall not use the roadway; except that the operator shall not be required to use or remain in a bike lane: 1. When the lane is of insufficient width to permit safe bicycle, E-bike, E- scooter, or E-board operation; or 2. When the condition of the pavement, or the presence of water, dirt, glass or other foreign objects upon the pavement prevents safe bicycle, E- bike, E-scooter, or E-board operation in the lane; or 3. When moving into position to make a right or left turn; or 4. When an opening car door or other obstruction in an adjacent parking lane requires movement out of the lane. D. The operator of a bicycle, E-bike, E- scooter, or E-board traveling at a rate of speed that delays a vehicle or vehicles following in the same lane shall be required, when it is unlawful or unsafe for the following vehicle to pass, to move as far to the right of the traveled ---PAGE BREAK--- § 2-4 TITLE 11 — TRAFFIC § 2-6 roadway, or to the left where the bicycle, E-bike, E-scooter, or E-board is in the left lane of a one-way roadway, as is safe under the conditions then existing; provided, however, that when the operator is within fifty feet (50') of an intersection, the operator shall not be required to move to the right or left until he/she has moved through the intersection. E. No person operating a bicycle, E-bike, E-scooter, or E-board may attach themselves or such bicycle or device to a moving motorized vehicle. F. Reckless or Inattentive Operation. A person who operates a bicycle, E-bike, E-scooter, or E-board on any public property or private property open to public use in an inattentive, reckless or careless manner, in light of the circumstances then existing, or without due caution and circumspection, or at such speed or in any other manner as to endanger or be likely to endanger any person or property shall be guilty of reckless or inattentive operation, which shall be a misdemeanor. (Ord. 2022-04, 02/07/2022) Sec. 2-5. Riding on Sidewalks. A. A bicycle, E-bike, E-scooter, or E- board may be operated upon a sidewalk and upon and within a crosswalk, except where prohibited by official traffic control devices, or when the number of pedestrians using the sidewalk renders riding on the sidewalk unsafe because of the risk of colliding with pedestrians, in which case the operator of a bicycle, E-bike, E-scooter, or E-board must dismount and walk the bicycle or device to an area where safe riding may resume. B. Any operator of a bicycle, E-bike, E- scooter, or E-board riding upon a sidewalk, or across a roadway upon and within a crosswalk, shall not exceed a speed of ten miles per hour (10 MPH) and shall yield the right-of-way to any pedestrian. C. Any operator of a bicycle, E-bike, E- scooter, or E-board riding on the sidewalk shall not suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard. D. E-bikes, E-scooters, and E-boards are prohibited from operating on sidewalks within the downtown area, which is delineated on the “Dismount Zone” map as adopted by City Council by resolution, effective June 1, 2022. Copies of this map are available for viewing at the office of the City Clerk. The Council may, from time to time, adopt revisions of the Dismount Zone map by resolution. (Ord. 2022-04, 02/07/2022) Sec. 2-6. Riding on Non-Motorized Pathways. A. It is hereby declared to be unlawful for any person to operate or permit to be present a motorized vehicle upon any posted non-motorized pathway. A person is exempt from this restriction where the operator of a motorized vehicle has displayed in the vehicle a permit to allow such person to operate a motorized vehicle on the restricted bike path or pedestrian walkway, has written permission from the City, or has written permission from the owner of the property if the restricted bike path or pedestrian walkway is on property not owned by the City. Emergency police, fire, and EMS vehicles are exempted from restrictions in this Chapter. Motorized wheelchairs or similar conveyances operated by a disabled person shall also be exempted from this prohibition. B. Any operator of a bicycle, E-bike, E- scooter, or E-board riding upon a non- motorized pathway shall not exceed a speed of fifteen miles per hour (15 MPH) unless otherwise posted. C. Any operator of a bicycle, E-bike, E- scooter, or E-board riding upon a non- motorized pathway shall yield the right-of-way to any pedestrian. (Ord. 2022-04, 02/07/2022) ---PAGE BREAK--- § 2-7 TITLE 11 — TRAFFIC § 2-11 Sec. 2-7. Bicycle, E-bike, E-scooter, and E-board Parking. Bicycles, E-bikes, E-scooters, or E- boards shall not be parked in such a manner as to obstruct or impede the movement of pedestrians, motor vehicles or other bicycles, E-bikes, E-scooters, or E-boards or to cause damage to trees, shrubs or other living plants. (Ord. 2022-04, 02/07/2022) Sec. 2-8. Tampering Prohibited. It shall be unlawful for any person to tamper with, destroy, mutilate or alter any license receipt or license issued under the provisions of this Chapter. It shall be unlawful for any person to remove, destroy, mutilate or in any way alter or tamper with any license plate, sticker, or marking issued under the provisions of this Chapter. (Ord. 2022-04, 02/07/2022) Sec. 2-9. Abandonment and Right to Impound. It shall be unlawful for any person to abandon a bicycle, E-bike, E-scooter, or E- board. The City shall have the right to impound and retain possession of any bicycle, E-bike, E-scooter, or E-board found to have been abandoned and dispose of the property pursuant to Idaho Code 55-403 and pursuant to the City’s surplus policy. The City shall have the right to impound any bicycle, E-bike, E-scooter, or E-board that is found to be in violation of the provisions of this Chapter and may retain possession of such bicycle, E-bike, E-scooter or E-board until the provisions of this Chapter are complied with. A fee for impoundment and storage may be charged to the bicycle, E- bike, E-scooter, or E-board owner. The fee shall be set from time to time by resolution of the Council. (Ord. 2022-04, 02/07/2022) Sec. 2-10. Shared Mobility Programs. A. Application and License Agreement Required. Businesses, corporations, organizations, or individuals that provide stationless and station-based shared mobility programs are required to have a business license, insurance, and submit an application with the City, which includes the execution of a license agreement prior to deployment of any devices. Any deployment of bicycles, E-bikes, E-scooters, or E- boards prior to following the application, permitting and licensing process and receiving approval by the City to deploy such devices may result in misdemeanor charges and impoundment of devices deployed. B. Manufacturers and distributors of E- bikes, E-scooters and E-boards shall apply a label in legible type, that is permanently affixed in a prominent location, to each E-bike, E-scooter and E-board. The label shall contain the classification number, top assisted speed, motor wattage, and shall be printed in arial font in at least 9-point type. C. Every shared mobility program wishing to do business in the City shall obtain and retain a Shared Mobility business license prior to such program’s operation in the City. Such license shall be issued annually. Failure to hold a current shared mobility program business license, or to renew an expired license within ten (10) days after its expiration, shall result in the immediate impounding of all shared mobility bicycles, E-bikes, E-scooters and E- boards until such license deficiency is remedied. The shared mobility program shall be liable for the daily expense of impounding the bicycles and devices until the license is renewed or the sale of the impounded bicycles and devices by the City. D. City may limit the maximum number of bicycles, E-bikes, E-scooters and E- boards that are deployed within City limits by a shared mobility program through a resolution. (Ord. 2022-04, 02/07/2022) Sec. 2-11. Enforcement Agency. The Chief of Police or the Chief’s designee shall be granted the authority to ---PAGE BREAK--- § 2-11 TITLE 11 — TRAFFIC § 2-12 enforce and carry out the provisions of this Chapter. (Ord. 2022-04, 02/07/2022) Sec. 2-12. Penalties. Any person violating any of the provisions of this Chapter, unless a specific penalty is proscribed, shall be guilty of an infraction and, upon conviction thereof in a court of competent jurisdiction, shall be punished pursuant to this Code and the Idaho Code. (Ord. 2022-04, 02/07/2022)