GENERAL ORDINANCE
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP ROBINSON, MINORITY LEADER BREEN, COUNCILMEMBERS, PINEDA -ISAAC, DIAZ AND MERANTE:
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A GENERAL ORDINANCE AMENDING CHAPTER 109 VEHICLES AND TRAFFIC, ARTICLE VIII ANIMALS, MOTORCYCLE, BICYCLES, COASTERS AND OTHER DEVICES OF THE CODE OF THE CITY OF YONKERS BY ADDING AND AMENDING SECTION 109-71 ENTITLED “GENERAL APPLICABILITY OF TRAFFIC LAWS,” WHERE OPERATION IS PERMITTED”, “SAFE OPERATION”, AND “EQUIPMENT REQUIREMENTS” AND “PENALTIES FOR OFFENSES” FOR “ELECTRIC MOBILITY DEVICES”
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The City of Yonkers, in the City Council convened, does hereby ordain and enact:
Section 1. Recitals
Whereas there has been a proliferation of the number of electric mobility devices including but not limited to e-bikes and electric scooters.
Whereas there has been a proliferation of the number of people who own and operate electric mobility devices as a low cost, fuel efficient mode of transportation.
Whereas enhancing the mobility of the residents of and visitors to the City of Yonkers serves the public interest.
Whereas, However, in doing so there has been a directly proportional increase in accidents, property damage and personal injuries attributed to these devices and their operators in the City of Yonkers.
Whereas, even the general sidewalk congestion and “near miss” accidents involving electric mobility devices combined with all of the foregoing negatively impact public health safety and welfare while diminishing the overall quality of life in the City.
Whereas, section 1272 of the New York State Vehicle and Traffic Law regulates electric mobility devices and moreover allows local municipalities to enact legislation to protect public health safety and welfare by regulating the time, manner, place, and equipment necessary to operate such devices.
Now Therefore, the Yonkers City Council hereby adopts the following amendments to the City Code.
Section 2. Part X, Chapter 109 Vehicles and Traffic, Article VIII Animals, Motorcycle, Bicycles, Coasters and Other Devices of the Code of the City of Yonkers is hereby amended by adding and amending section 109-71 entitled for “Electric Mobility Devices” to now read as follows:
§ 109-71 Electric Mobility Devices
A. Definitions
The term “Electric Mobility Devices” when used in this Chapter shall collectively refer to: A device meeting the definition of “class one” or “class two” bicycle with electric assist in N.Y. Vehicle & Traffic Law § 102-c. and/or A device meeting the definition of an electric scooter in N.Y. Vehicle & Traffic Law § 114-e.
B. General Applicability of Traffic Laws
(a) Every person operating an electric mobility device is subject to all of the duties applicable to the driver of a vehicle and the rider of a bicycle under New York State law and the traffic regulations of the City of Yonkers. The operator shall yield the right-of-way to a pedestrian at all times.
(b) Before making a turn, slowing, or stopping, a person operating an electric mobility device shall employ the hand signals required of bicyclists by N.Y. Vehicle
& Traffic Law § 1237.
C. Where Operation Is Permitted
(a) An electric mobility device may be operated in any bicycle lane or on a public highway if its maximum speed limit does not exceed [30] miles per hour.
(b) When operated on a public highway, an electric mobility device shall be operated as near to the right-hand side of the highway as judged safe by the operator to facilitate the movement of any overtaking motor vehicle, bicycle, other electric mobility device, or electric personal assistive mobility device.
(c) No person shall operate an electric mobility device on a highway with a maximum speed limit exceeding [30] miles per hour, unless the highway has a separately marked bicycle lane and the device is operated within that bicycle lane.
(d) No person shall operate an electric mobility device on a sidewalk or in any other public area or pathway specifically limited to pedestrians.
(e) No person shall operate an electric mobility device on public landscaping, amenities, or art.
(f) No person shall operate an electric mobility device on a multiuse path unless it has been officially posted for such use.
D. Safe Operation
(i) No person shall operate an electric mobility device:
(ii) in violation of posted restrictions set by local authorities,
(iii) in a bicycle lane traveling in the opposite direction to adjacent motor vehicles in the public highway, unless the lane is specifically designated otherwise,
(iv) between vehicles traveling or standing in the same direction within marked lanes of a public highway,
(v) two or more abreast with another electric mobility device, an electric personal assistive mobility devices, or a bicycle,
(vi) with any passenger in addition to the operator unless the bicycle with electric assist is designed and equipped for a second rider,
(vii) with either the device or the operator attached, by any means, to any vehicle on the public highway,
(viii) while carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars or engaging in any other activity that interferes with steering, balance, or the operator’s attention,
(ix) while wearing any headset covering both ears or wearing earplugs in both ears,
(x) while using any portable electronic device (as defined in N.Y. Vehicle & Traffic Law § 1225-d),
(xi) while using a mobile telephone to engage in a call while in motion (as defined in N.Y. Vehicle & Traffic Law § 1225-c),
(xii) while under the influence of alcohol or drugs (as defined in N.Y. Vehicle & Traffic Law §§ 1242-a, 1289),
E. Equipment Requirements
(i) No person shall operate an electric mobility device unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, except that it shall not be equipped with nor shall the operator use any siren or whistle.
(ii) No person shall operate an electric mobility device unless it is equipped with a brake that will bring the device from its maximum speed to a full stop within a distance of 15 feet on dry, level, clean pavement.
(iii) No person shall operate an electric mobility device during the period from one-half hour after sunset to one-half hour before sunrise unless it is equipped with and the operator has illuminated a lamp on the front which shall emit a white light visible during hours of darkness from a distance of at least 500 feet to the front, with a red light visible to the rear for 300 feet, and at least one light visible for 200 feet on each side. The operator or device shall also be carrying reflective material of sufficient size and reflectivity to be visible from both sides for 500 feet when directly in front of lawful lower beams or head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least 500 feet.
F. Speed
(i)No person shall operate an electric mobility device in excess of the following speeds:
• an electric scooter in excess of 15 miles per hour, a bicycle with electric assist in excess of 20 miles per hour, or
• a speed that is reasonable and prudent under the circumstances, taking conditions and actual and potential hazards into account, or
• the speed limit posted for electric mobility devices on multiuse paths.
• A person shall control the speed of an electric mobility device as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering, or adjacent to the highway, in compliance with legal requirements and the duty of all persons to exercise reasonable care toward others.
G. Emerging from Alley or Driveway and Entering a Public Highway
The operator of a bicycle or electric mobility device emerging from an alley, driveway, or building shall, upon approaching a sidewalk, yield the right-of-way to all pedestrians approaching on the sidewalk and, upon entering the public highway, come to a full stop, yielding the right-of-way to all vehicles, bicycles, and electric mobility devices approaching on the public highway.
H. Obedience to Traffic Control Devices
(i) Any person operating a bicycle or electric mobility device shall obey the instructions of all traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer or other person duly authorized to regulate traffic.
(ii) Whenever publicly authorized signs indicate that no right or left or U-turn is permitted, no person operating a bicycle or electric mobility device shall disobey the sign. Upon dismounting from the bicycle or electric mobility device to make such turn, such person may proceed in accordance with the regulations applicable to pedestrians.
I. Parking
(a) A person shall not park a bicycle or electric mobility device on private property of another without permission.
(b) A person may park a bicycle or electric mobility device in officially designated bicycle or electric mobility device parking areas, in a sidewalk furnishings zone, or any other place where it is not otherwise prohibited by this or another ordinance, state law, federal law, or publicly authorized signs.
(c) No person shall attach or secure a bicycle or electric mobility device to public or private property in a manner that may damage, impair, or render the property unusable.
(d) No person shall leave a bicycle or electric mobility device lying on its side on or adjacent to any sidewalk or multiuse path or park a bicycle or electric mobility device in any of the following places:
a. within a designated no-parking zone,
b. within a designated public transit stop, except in designated bicycle racks or designated bicycle or electric mobility device parking areas,
c. on a public sidewalk obstructing the pedestrian through zone or on a multiuse path,
d. on any part of an ADA ramp or in any other manner that would restrict the movement of persons with disabilities,
e. In designated and marked special use zones, including, but not limited to, commercial service zones, passenger loading zones, customer service zones, and valet zones.
J. Penalties for Offenses
Any violation of this chapter shall be punished by a fine not exceeding $250 or confinement in jail not exceeding 10 days, or both.
Section 2. This ordinance shall take effect immediately, subject to the requirements of Section C4-6.C of Article IV of the Charter of the City of Yonkers, entitled Adoption of Legislation, and the City Clerk is directed to cause the publication of this ordinance in accordance with requirements stated in said section.