(A) For the purpose of this section, the following definition applies unless the context clearly indicates or requires a different meaning.
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. A self-balancing device with two non-tandem wheels, designed to transport not more than one person, and operated by an electric propulsion system that limits the maximum speed of the device to 15 mph.
(B) Except as otherwise provided by law, a person operating an electric personal assistive mobility device has the rights and responsibilities of a pedestrian.
(C) (1) An electric personal assistive mobility device may be operated on a bicycle path.
(2) No person may operate an electric personal assistive mobility device on a roadway, sidewalk, or bicycle path at a rate of speed that is not reasonable and prudent under the conditions. Every person operating an electric personal assistive mobility device on a roadway, sidewalk, or bicycle path is responsible for becoming and remaining aware of the actual and potential hazards then existing on the roadway or sidewalk and must use due care in operating the device.
(3) An electric personal assistive mobility device may be operated on a roadway only under the following circumstances:
(a) While making a direct crossing of a roadway in a marked or unmarked crosswalk;
(b) Where no sidewalk is available;
(c) Where a sidewalk is so obstructed as to prevent safe use;
(d) When so directed by a traffic control device or by a peace officer;
(e) Temporarily in order to gain access to a motor vehicle; and/or
(f) As provided in division (C)(7) below by City Council resolution.
(4) An electric personal assistive mobility device may not be operated at any time on a roadway with a speed limit of more than 35 mph except to make a direct crossing of the roadway in a marked crosswalk.
(5) An electric personal assistive mobility device may not be operated at any time while carrying more than one person.
(6) The City Council may, by resolution, designate exclusive city streets within its jurisdiction where the operation of electric personal assistive mobility devices is not permitted, provided that any street so designated has a speed limit of more than 35 mph.
(7) A person operating an electric personal assistive mobility device on a sidewalk must yield the right-of-way to pedestrians at all times. A person operating an electric personal assistive mobility device on a bicycle path must yield the right-of-way to bicycles at all times.
(8) An electric personal assistive mobility device may not be operated unless the device bears reflectorized material on the front, back, and wheels, visible at night from 600 feet when illuminated by the lower beams of headlamps of a motor vehicle.
(Ord. 74, passed 4-13-2021; Ord. passed 4-8-2023; Ord. 74, passed 8-8-2023) Penalty, see § 70.99