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An "electric bicycle" is defined as a bicycle or tricycle equipped with fully operable pedals and an electric motor and that meets the requirements of one of the following classes:
(a) A "Class 1 electric bicycle" is a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle or tricycle reaches the speed of twenty (20) miles per hour.
(b) A "Class 2 electric bicycle" is a bicycle or tricycle that is equipped with an electric motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle or tricycle reaches the speed of twenty (20) miles per hour.
(c) A "Class 3 electric bicycle" is a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle or tricycle reaches the speed of twenty-eight (28) miles per hour.
(Ord. No. 11582, § 3, 9-5-18)
(a) In the City of Tucson, a person riding an electric bicycle is granted all of the rights and is subject to all the duties applicable to a bicycle rider under state and local law, including Article I of this Chapter 5, except as otherwise provided herein.
(b) Electric bicycles are permitted on bicycle, shared and multiuse paths under the jurisdiction of the City of Tucson, in the same manner as any other bicycle and when operated at posted or regulated speeds, or under twenty (20) miles per hour, whichever is lower.
(c) No person under the age of sixteen (16) may operate an electric bicycle. A person under the age of sixteen (16) may ride as a passenger on an electric bicycle designed to accommodate passengers.
(d) All electric bicycles shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. Part 1512).
(e) All electric bicycles must be equipped with a speedometer that displays the speed the electric bicycle is traveling in miles per hour.
(Ord. No. 11582, § 3, 9-5-18)
(a) Violation of this article shall constitute a civil traffic violation punishable by a mandatory minimum fine of twenty-five dollars ($25.00).
(b) All complaints for violations of this article shall be issued and adjudicated in accordance with the Arizona Rules of Court Procedure for Civil Traffic and Civil Boating Violations, as they may from time to time be amended or replaced.
(Ord. No. 11582, § 3, 9-5-18)
ARTICLE IV. SHARED MOBILITY DEVICES
It is the purpose and intent of this article to provide for the regulation of bicycles, electric scooters and other "shared mobility devices" to protect the safety of pedestrians, bicyclists, motor vehicle drivers and operators of shared mobility devices. The mayor and council find it is in the public interest to regulate the operation of shared mobility devices by prohibiting their use unless authorized and permitted by the director of the department of transportation and by imposing age restrictions and safety requirements for the users of shared mobility services.
(Ord. No. 11583, § 2, 9-5-18; Ord. No. 11779, § 1, 9-9-20)
In this article, unless the context otherwise requires:
(a) Applicant means an entity or person authorized to apply for a Mobility Share Permit.
(b) Director means the director of the department of transportation or the director's designee.
(c) Electric scooter means a self-propelled device that has an electric motor, a deck on which a person may ride, at least two (2) tandem wheels in contact with the ground and is designed to be operated in a standup mode.
(d) Mobility share entity means any person, corporate or otherwise, offering a shared mobility device for hire for use in the City of Tucson right of way (ROW), whether the use in the ROW is intended or not, pursuant to a Mobility Share Permit.
(e) Mobility Share Permit means a non-exclusive license to offer shared mobility devices for hire within the City of Tucson or a portion thereof.
(f) Permittee means any entity or person granted a Mobility Share Permit.
(g) Shared mobility device means any motorized or non-motorized wheeled device, including, but not limited to, an electric scooter:
(1) offered for hire on a short-term use basis (typically for a half hour or less, or one (1) or two (2) trips);
(2) designed for moving one (1) or more persons by means of human or electric power, or any combination thereof; and
(3) not required to be returned to a specific origin point. This may include, but is not limited to, bicycles, electric bicycles, and electric scooters.
(Ord. No. 11583, § 2, 9-5-18; Ord. No. 11779, § 1, 9-9-20)
(a) It is unlawful for a mobility share entity to operate within the corporate limits of the City of Tucson unless they hold a valid Mobility Share Permit through a mobility share program authorized by the director.
(b) A mobility share entity operating pursuant to a valid Mobility Share Permit as described in paragraph (a) shall comply with all permit requirements and regulations promulgated by the director.
(c) The director is authorized to develop and adopt a mobility share pilot program with reasonable and necessary rules to carry out the purposes of this article. Such rules shall, at a minimum, address the following areas:
(1) Minimum safety requirements;
(2) Parking of shared mobility devices;
(3) Operations and rebalancing;
(4) Data sharing and privacy;
(5) Fees;
(6) Application requirements;
(7) Indemnification, bond and insurance requirements.
(d) The director shall provide three (3) copies of the above rules to the city clerk for a public review. In addition, the rules shall be posted on a City website in a timely manner.
(e) The rules for the mobility share pilot program shall be effective only upon the approval of the mayor and council.
(Ord. No. 11583, § 2, 9-5-18; Ord. No. 11779, § 1, 9-9-20)
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