Loading...
HomeMy WebLinkAbout031 - 03/05/2002 - AMENDING CITY CODE SO AS TO PROVIDE FOR THE REGULATION OF ELECTRIC ASSISTED BICYCLES ORDINANCE NO. 031, 2002 AMENDING CHAPTERS 23 AND 28 OF THE CODE OF THE CITY OF FORT COLLINS SO AS TO PROVIDE FOR THE REGULATION OF ELECTRIC ASSISTED BICYCLES WHEREAS, the 1977 edition of the Model Traffic Code for Colorado Municipalities (the "Model Traffic Code")has been adopted by the City Council to provide a system of traffic regulation that generally conforms to similar regulations throughout the state and the nation,with certain local amendments as contained in Chapter 28 of the City Code; and WHEREAS, neither the Model Traffic Code nor the local amendments thereto define, or regulate the use of,bicycles that are powered by a combination of human power and electric motors; and WHEREAS, the use of such electric assisted bicycles in the City is becoming increasingly common and, subject to proper regulation, provides a desirable alternative mode of transportation in the City; and WHEREAS, the City Council believes it to be in the best interest of the City to amend Chapters 23 and 28 of the City Code so as to define the term "electric assisted bicycle" and so as to impose certain regulations relating to the operation of the same within the City; and WHEREAS, the Council's Health and Safety Committee has considered certain proposed amendments to the City Code with regard to the electric assisted bicycle and has recommended such amendments to the City Council; and WHEREAS,the recommended amendments would include,among other things,a provision that would allow electric assisted bicycles to travel in bicycle lanes on established roadways and would prohibit their use, along with other motorized vehicles, on City sidewalks and trails; and WHEREAS,under Section 42-4-110(l)(b)and 42-4-111(1)(h)C.R.S.,the City is authorized to adopt additional regulations pertaining to the operation of bicycles in the City but must submit the same to the Colorado Department of Transportation ("CDOT") for approval insofar as such regulations are intended to apply to roads within the City that are part of the state highway system. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 23-193(a) of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (1),which would read as follows, with the existing subparagraphs (1) through (17) to be renumbered as subparagraphs (2) through (18) accordingly: (a) It shall be unlawful to: (1) Operate or park a motor vehicle or other motorized means of conveyance anywhere in a natural area other than on established roadways and in designated parking areas;provided,however,that a motorized wheelchair or similar assistive device may be used by any person with temporary or permanent mobility impairment, anywhere in a recreation area that public access is allowed. Section 2. That Section 23-193(d) of the Code of the City of Fort Collins is hereby amended so as to delete subparagraph (2)thereof, with the existing subparagraphs (3)through (18) to be renumbered as subparagraphs (2) through (17) accordingly. Section 3. That Section 23-203(a) of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph(1),which would read as follows,with the existing subparagraph (1) through (14) to be renumbered as subparagraphs (2) through (15) accordingly: (a) It shall be unlawful to: (1) Operate or park a motor vehicle or motorized means of conveyance anywhere in a recreation area other than on established roadways and in designated parking areas;provided,however,that a motorized wheelchair or similar assistive device may be used by any person with temporary or permanent mobility impairment,anywhere in a natural area that public access is allowed. Section 4. That Section 23-203(d) of the Code of the City of Fort Collins is hereby amended so as to delete subparagraph (2)thereof, with the existing subparagraphs (3) through (16) to be renumbered as subparagraphs (2) through (15) accordingly. Section 5. That Section 28-17(12.5) of the Code of the City of Fort Collins is hereby amended to read as follows: (12.5) Section 16-9, Driving on sidewalk, is hereby amended to read as follows: "Sec. 16-9. Driving on sidewalk. -No person shall drive any vehicle other than a bicycle or other vehicle that is solely human-powered upon a sidewalk or sidewalk area within this municipality, except upon a permanent or duly authorized temporary driveway." Section 6. That Section 28-17(13.5) of the Code of the City of Fort Collins is hereby amended to read as follows: (13.5) Section 17-10, Traffic laws apply to bicycle and motorized bicycle riders, is hereby amended to read as follows: 2 "Sec. 17-10.Traffic laws apply to riders of bicycles,electric assisted bicycles and motorized bicycles.-Every person riding abicycle,electric assisted bicycle or amotorized bicycle upon a roadway where bicycle travel is permitted shall be granted all of the rights and shall be subject to all of the duties and penalties applicable to the driver of a vehicle as set forth in this Code, except those provisions of this Code which, by their very nature, can have no application. Said riders shall also comply with special rules set forth in this article." Section 7. That Section 28-17(14) of the Code of the City of Fort Collins is hereby amended to read as follows: (14) Section 17-13, Riding on roadways and bicycle paths, subsections (a) and (b) are hereby repealed and reenacted,and subsections(d) ,(e), (f) and(g) are added to read as follows: "Sec. 17-13. Riding on roadways and bicycle paths. "(a) Any person riding a bicycle, electric assisted bicycle or motorized bicycle on a roadway shall ride in the right-hand lane. When being overtaken by another vehicle, such person shall ride as close to the right-hand side as practicable. Where a paved shoulder suitable for bicycle, electric assisted bicycle or motorized bicycle riding is present, persons operating bicycles, electric assisted bicycles or motorized bicycles shall ride on the paved shoulder. These provisions shall apply, except under any of the following situations: "(1) When overtaking and passing another bicycle, motorized bicycle, electric assisted bicycle or vehicle proceeding in the same direction; "(2) When preparing for a left turn at an intersection or into a private road or driveway; "(3) When reasonably necessary to avoid hazardous conditions including,but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals or surface hazards. "(b) (1) Persons operating bicycles, electric assisted bicycles or motorized bicycles on roadways shall ride single file; except that riding no more than two (2) abreast is permitted in the following circumstances: "(i) When there is no motor vehicle traffic approaching from the rear within a distance of three hundred(300)feet and the sight distance on the roadway at the time and place and under the conditions then existing is a minimum of three hundred (300) feet to the front and to the rear of the bicyclists, electric assisted bicyclists or motorized bicyclists; or 3 "(ii) When riding on paths or parts of roadways set aside for the exclusive use of bicycles, electric assisted bicyclists or motorized bicycles. "(2) Persons riding two (2) abreast shall ride within a single lane. "(d) Whenever a bicycle lane has been established on a roadway,the rider of bicycles and electric assisted bicycles shall use such lanes and shall not use the roadway,except under any of the following situations and in compliance with section 8-2(1) of this code: "(1) When overtaking and passing another bicycle or electric assisted bicycle proceeding in the same direction; "(2) When preparing for a left turn at an intersection or into a private road or driveway or when entering or leaving the roadway; or "(3) When reasonably necessary to avoid hazardous conditions including,but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals or surface hazards. "(e) Any person operating a motorized bicycle upon a roadway with a designated bicycle lane may drive in the bicycle lane, except that no person shall operate a motorized bicycle in a bicycle lane at a speed greater than is reasonable or prudent and in no instance exceeding the posted speed limit, having due regard for visibility and the traffic on and the surface of the bicycle lane, and in no event in a manner which endangers the safety of bicyclists utilizing the bicycle lane. "(f) Any person operating an electric assisted bicycle must be fourteen (14)years of age or older. "(g) Any person operating an electric assisted bicycle shall travel at a speed not to exceed twenty (20) miles per hour." Section 8. That Section 28-17(14.3) of the Code of the City of Fort Collins is hereby amended to read as follows: (14.3) Section 17-16, Carrying articles, is hereby retitled, and repealed and reenacted to read as follows: "Sec. 17-16. Use of hands. - A person operating a bicycle, electric assisted bicycle or motorized bicycle shall keep at least one(1)hand on the handlebars at all times." Section 9. That Section 28-17(14.4) of the Code of the City of Fort Collins is hereby amended to read as follows: 4 (14.4) Section 17-17, Parking, subsections (a) and(b) are hereby repealed and reenacted to read as follows and a new subsection (c) is hereby added which reads as follows: "Sec. 17-17. Parking. "(a) A person may park a bicycle, electric assisted bicycle or motorized bicycle on a sidewalk unless prohibited or restricted by an official traffic control device. "(b) A bicycle,electric assisted bicycle or motorized bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic. "(c) A bicycle,electric assisted bicycle or motorized bicycle may be parked on the road only in areas designated for parking of bicycles,electric assisted bicycles or motorized bicycles." Section 10. That Section 28-17(14.6) of the Code of the City of Fort Collins is hereby amended to read as follows; (14.6) Section 17-19,Equipment on bicycles and motorized bicycles, subsections(a)and(c) are hereby amended to read as follows, subsection (b) is relettered to subsection (e) and new subsections (b), (d) and (f) are hereby added which read as follows: "Sec. 17-19. Equipment on bicycles, electric assisted bicycles and motorized bicycles. "(a) Every bicycle or electric assisted bicycle when in use on a street or highway between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the street or highway are not clearly discernible at a distance of five hundred (500) feet ahead, shall be equipped with a lamp on the front 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 which shall be visible for six hundred (600) feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. Every bicycle or electric assisted bicycle when in use at the times described above shall also be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for a distance of six hundred (600) feet when directly in front of lawful lower beams of headlamps on a motor vehicle. In lieu of such reflective material,the bicycle or electric assisted bicycle may be equipped with a lighted lamp visible from both sides from a distance of at least five hundred(500)feet. A bicycle, electric assisted bicycle or its rider may be equipped with lights or reflectors in addition to those required by this subsection. 5 "(b) Every motorized bicycle when in use on a street or highway between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmosphere conditions,persons and vehicles on the street or highway are not clearly discernible at a distance of five hundred (500) feet ahead, shall be equipped with a lamp on the front, 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 Colorado Department of Revenue, 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 a motor vehicle. A lamp emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector. "(c) Every bicycle or electric assisted bicycle shall be equipped with a brake or brakes which will enable the operator to stop the bicycle within fifty(50) feet from a speed of twenty (20) miles per hour on dry, level, clean pavement. "(d) Every motorized bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement. "(e) No person shall operate a bicycle, electric assisted bicycle or motorized bicycle unless it is equipped with a bell or other device capable of giving signal audible for a distance of at least one hundred(100)feet,except that a bicycle,electric assisted bicycle or motorized bicycle shall not be equipped with nor shall any person use upon a bicycle,electric assisted bicycle or motorized bicycle any siren or whistle. "(f) A person engaged in the business of selling bicycles or electric assisted bicycles at retail shall not sell any bicycle unless the bicycle or electric assisted bicycle has an identifying number permanently stamped or cast on its frame." Section 11. That Section 28-17(29)(e) of the Code of the City of Fort Collins is hereby amended to read as follows: "(e) (1) Bicycle. -Every vehicle propelled solely by human power applied to pedals upon which any person may ride, having two (2) tandem wheels or two (2) parallel wheels and one (1) forward wheel, all of which are more than fourteen (14) inches in diameter. (2) Electric assisted bicycle. - A vehicle that: (a) is designed to be operated on the ground on wheels; (b) has a seat or saddle for use of the rider; (c) is designed to travel with not more than three (3) wheels in contact with the ground; 6 (d) is equipped with operable pedals and a battery powered electric helper motor having a capacity of not more than one thousand(1,000)watts continuous input power rating, which motor is capable of propelling the bicycle and rider at no more than twenty (20) miles per hour on level pavement; (e) has two (2) fully operative pedals for human propulsion that can act independently of the motor; (f) is not a motorized bicycle within the meaning of C.R.S. Section 42-2-103. Section 12. That,pursuant to Section 42-4-110(1)(b) and (e), C.R.S., the City Manager is hereby directed to submit to CDOT the provisions of this Ordinance for application to streets within the Fort Collins city limits that are part of the state highway system, which approval shall be sought from CDOT no later than March 31, 2002. Accordingly, the revised rules and regulations established by this Ordinance shall not be made applicable to, or enforced upon, College Avenue (U.S.Highway 287),Harmony Road(U.S.Highway 68)or Mulberry Street(U.S.Highway 14)until June 1, 2002, on which date the same shall apply to such streets unless CDOT has theretofore disapproved the same. Section 13. That the City Manager is hereby directed to present a report to the City Council, no later than one year from the effective date of this Ordinance,which report shall explain the effect, if any,that the passage of this Ordinance has had on the use of electric assisted bicycles in the city, together with the recommendation as to whether any provisions of the ordinance should be modified. Introduced and considered favorably on first reading and ordered published this 19th day of February, A.D. 2002, and to be presented for final passage on the 5th day of March, A.D. 2002. Mayor ATTEST: - LLIL. City Clerk 7 Passed and adopted on final reading this 5th day of March, A.D. 2002. Mayor � ! ATTEST: City Clerk 8