No person shall drive an Electric Scooter upon the streets, sidewalks, linear path or thoroughfares of the City of Battle Creek, and a licensee who owns or controls a commercial electric scooter, shall permit it to be driven or operated unless the electric scooter is operated in compliance with all of the requirements of this section.
(a) No person, firm or corporation shall make available an electric scooter for hire without an operating license.
(b) No person under the age of nineteen shall operate an electric scooter without wearing a crash helmet.
(c) No person under the age of eighteen shall operate a shared electric scooter owned by a licensee under this chapter.
(d) No person under the age of twelve shall operate an electric scooter.
(e) An electric scooter being operated between 1/2 hour after sunset and 1/2 hour before sunrise shall be equipped with and have in operation a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear that shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
(f) No person shall operate, or cause to be operated, an electric scooter, in an unsafe condition.
(g) An electric scooter is not permitted to park on public property except as follows:
(1) Riders of electric scooters shall park devices upright on hard surfaces in the street furniture curb zone of the sidewalk, beside a bicycle rack, or in another area specifically designated for bicycle parking, or on the street next to an unmarked curb.
(2) Licensees shall take reasonable steps to ensure that all riders understand the requirements of ADA accessibility and the importance of leaving ADA paths of travel clear and accessible.
(3) Drivers shall not park electric scooters in such a manner as to block:
A. The pedestrian through zone area of the sidewalk;
B. ADA paths of travel including accessible ramps;
C. Fire hydrants, call boxes, or other emergency facility, bus bench, or utility pole or box.
(4) Riders shall not park electric scooters in such a manner as to impede or interfere with the reasonable use of any commercial window display or access to or from any building entrance/exit doorway.
(5) Riders shall not park electric scooters in such a manner as to impede or interfere with the reasonable use of any bicycle rack or news rack.
(6) Riders may park electric scooters in on-street parking spaces in the following circumstances:
A. When marked parking spaces are officially designated stations for such devices;
B. Where the street furniture curb zone is less than three feet wide;
C. Where there is no street furniture curb zone;
D. In neighborhoods with rolled curbs, or with inadequate sidewalk space;
E. In marked parking spaces designated for motorcycles.
(7) Riders may park electric scooters on blocks without sidewalks only if the travel lane(s) and six-foot pedestrian clear zone are not impeded.
(8) Riders shall not park electric scooters in the landscape/street furniture curb zone directly adjacent to or within the following areas, such that access is impeded:
A. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks;
B. Loading zones;
C. Handicapped parking zone;
D. Street furniture that requires pedestrian access (e.g., benches, parking pay stations, bus shelters, transit information signs, etc.);
E. Curb ramps;
F. Entryways; and
G. Driveways.
(9) In all cases, electric scooters shall be parked in a location that does not impede pedestrian or vehicular traffic.
(h) Electric scooters are to be ridden on streets, and where available, in bike lanes and bike paths, including the linear path. Electric scooters are to stay to the right of street lanes and to offer the right-of-way to bicycles in bike lanes and on bike paths.
(i) An electric scooter shall not be operated on a sidewalk except in the Central Business District and shall not exceed a speed of tenmiles per hour on the sidewalk.
(j) Drivers of electric scooters may not exceed a speed of twenty miles per hour on the street nor fifteen miles per hour on the linear path.
(k) Rental fees must be posted or agreed upon at or before the beginning of each trip.
(l) No person shall use or allow any electric scooter to be used for any illegal purpose. No person shall use or permit or allow another to use any electric scooter to aid or abet, any illegal act.
(m) No person may consume, or possess in a container which is open, uncapped or upon which the seal was broken, any beer, wine, spirits, or a mixed spirits drink (collectively “alcoholic beverage”) while riding an electric scooter.
(n) An electric scooter shall not be used to carry more than one person at a time, which includes the operator.
(o) The driver of an electric scooter shall yield the right-of-way to pedestrians and shall give an audible signal before overtaking and passing the pedestrian.
(Ord. 05-2021. Passed 5-4-21.)