[Added 12-10-2019 by Ord.
No. 19-24]
For the purposes of this article, the following words and phrases
shall have the meanings ascribed to them in this section:
The Chief of the City of Colonial Heights Police Department
or his designee.
A self-balancing two-nontandem-wheeled device that is designed
to transport only one person and powered by an electronic propulsion
system that limits the device's maximum speed to 15 miles per hour
or less.
A vehicle that travels on not more than three wheels in contact
with the ground and is equipped with (i) pedals that allow propulsion
by human power and (ii) an electric motor with an input of no more
than 1,000 watts that reduces the pedal effort required of the rider
and ceases to provide assistance when the bicycle reaches a speed
of no more than 20 miles per hour.
Every vehicle, regardless of the number of its wheels in
contact with the ground, that (i) is designed to allow an operator
to sit or stand; (ii) has no manufacturer-issued vehicle identification
number; (iii) is powered in whole or in part by an electric motor;
(iv) weighs less than 100 pounds; and (v) has a speed of no more than
20 miles per hour on a paved level surface when powered solely by
an electric motor. A "motorized skateboard or scooter" includes vehicles
with or without handlebars but does not include "electric personal
assistive mobility devices."
Any person or legal entity offering electric power-assisted
bicycles, motorized skateboards, or motorized scooters to the public
for rent or lease.
Every device in, on, or by which any person or property is or may be transported or drawn on a highway, except electric personal delivery devices as defined in Code of Virginia § 46.2-100 and devices moved by human power or used exclusively on stationary rails or tracks. For the purposes of Chapter 8 ("Regulation of Traffic") of Title 46.2 (§ 46.2-800 et seq.) of the Code of Virginia, electric personal assistive mobility devices, electric power-assisted bicycles, and motorized skateboards or scooters shall be "vehicles" while operated on a highway.
Except as otherwise specifically provided, a violation of any
other provision of this article shall be a traffic infraction punishable
by a fine of not more than $200.
A police officer at any time, upon reasonable cause to believe
that an electric personal assistive mobility device, electric power-assisted
bicycle, motorized skateboard, or motorized scooter is unsafe and
not equipped as this article requires or that its equipment is not
in proper adjustment or repair, may require the person riding such
wheeled device or vehicle to stop and submit the wheeled device or
vehicle to an inspection and such tests as may be appropriate.
A.
It shall be unlawful for any person to remove, change, or mutilate
the frame number of any electric personal assistive mobility device,
electric power-assisted bicycle, motorized skateboard, or motorized
scooter.
B.
No person engaged in the business of selling electric personal assistive
mobility devices, electric power-assisted bicycles, motorized skateboards,
or motorized scooters at retail shall sell any such wheeled device
or vehicle unless the wheeled device or vehicle has an identifying
number permanently stamped or cast on its frame.
Any operator who offers for rent or lease any motorized skateboard
or motorized scooter shall affix to the motorized skateboard or motorized
scooter, or verify that there is affixed, a permanent decal or sticker
which states that Virginia law prohibits the operation of motorized
skateboards or motorized scooters on highways and public vehicular
areas by persons under the age of 14, unless under the immediate supervision
of a person who is at least 18 years old.
A.
Every person engaged in the business of buying, selling or trading
in used or secondhand electric personal assistive mobility devices,
electric power-assisted bicycles, motorized skateboards, or motorized
scooters shall keep a record of all such transactions, including the
make and frame number, and the name and address of the person from
whom purchased or acquired or to whom sold and delivered, as the case
may be. Such records shall be open for police inspection.
B.
It shall be unlawful for any person engaged in the business of buying,
selling or trading in used or secondhand electric personal assistive
mobility devices, electric power-assisted bicycles, motorized skateboards,
or motorized scooters to purchase any such secondhand wheeled device
or vehicle from a person under 18 years of age.
A.
No operator shall rent, offer for rent or lease any electric personal
assistive mobility device, electric power-assisted bicycle, motorized
skateboard, or motorized scooter, unless such wheeled device or vehicle
is equipped with all safety equipment this article requires.
B.
Each operator intending to rent or lease electric personal assistive
mobility devices, electric power-assisted bicycles, motorized skateboards,
and motorized scooters to the public shall post a clearly legible
sign in a prominent place on his premises where the sign will be seen
and read by a reasonably observant customer. Such sign shall contain
the following information:
(1)
A customer must be 14 years of age or older, unless under the immediate
supervision of a person who is at least 18 years old.
(2)
All customers must display valid identification.
(3)
Customers must be familiar with and obey traffic laws, and the Police
will prosecute violators.
(4)
No more than one person at a time shall ride or be on such a vehicle
or wheeled device, unless the vehicle or wheeled device is specifically
designed to accommodate two or more persons.
C.
In addition, a business owner intending to rent or lease motorized
skateboards and motorized scooters shall state on the above-referenced
sign that no motorized skateboard or motorized scooter shall be ridden
or operated on a sidewalk.
D.
It is unlawful for an owner, manager, operator or employee of a business
engaged in the rental or leasing of electric personal assistive mobility
devices, electric power-assisted bicycles, motorized skateboards,
or motorized scooters to require or accept as security or surety any
operator's license, military identification card, or other permit
or pass that a state or federal agency has issued.
The Police Department is authorized to dispose of unclaimed
electric personal assistive mobility devices, electric power-assisted
bicycles, motorized skateboards, and motorized scooters in its custody
in any lawful manner.
A.
Every person 14 years or younger shall be required to wear a protective
helmet which meets the standards promulgated by the Consumer Product
Safety Commission Standards whenever riding or being carried on an
electric personal assistive mobility device or an electric power-assisted
bicycle on any highway, street, or bicycle path.
B.
A violation of any provision of this section shall be punishable
by a fine of $25. However, such fine shall be suspended (i) for first-time
violators or (ii) for any violator who, subsequent to the violation
but prior to imposition of the fine, purchases a helmet of the type
this section requires.
A.
An electric personal assistive mobility device or electric power-assisted
bicycle may be ridden or operated on a sidewalk in the City, but no
motorized skateboard or motorized scooter shall be ridden or operated
on a sidewalk.
B.
Electric personal assistive mobility devices, electric power-assisted
bicycles, motorized skateboards, and motorized scooters may be ridden
or operated on any designated bicycle path.
C.
A person riding or operating an electric personal assistive mobility
device, electric power-assisted bicycle, motorized skateboard, or
motorized scooter across a roadway upon and along a crosswalk, shall
yield the right-of-way to any pedestrian, shall give an audible signal
before overtaking and passing such pedestrian, and shall dismount
and walk the electric personal assistive mobility device, electric
power-assisted bicycle, motorized skateboard, or motorized scooter
when necessary to avoid physical contact with any person.
D.
A person riding or operating an electric personal assistive mobility
device or electric power-assisted bicycle on a sidewalk, a shared-use
path, or across a roadway on a crosswalk shall have all the rights
and duties of a pedestrian under the same circumstances. A person
riding or operating a motorized skateboard or motorized scooter on
a shared-use path or across a roadway on a crosswalk shall have all
the rights and duties of a pedestrian under the same circumstances.
E.
A violation of this section shall be punishable by a civil penalty
of not more than $50.
A.
No person shall ride an electric personal assistive mobility device,
electric power-assisted bicycle, motorized skateboard, or motorized
scooter recklessly or at a speed faster than is reasonably proper,
or in a manner so as to endanger the life, limb, or property of the
rider or of any other person.
B.
No person shall at any time or at any location operate an electric
personal assistive mobility device at a speed faster than 15 miles
per hour, an electric power-assisted bicycle at a speed faster than
25 miles per hour, or a motorized skateboard or motorized scooter
at a speed faster than 20 miles per hour.
A.
No person riding upon any electric personal assistive mobility device,
electric power-assisted bicycle, motorized skateboard, or motorized
scooter shall attach the same or himself to any moving vehicle upon
the roadway.
B.
Operation of electric personal assistive mobility devices, electric
power-assisted bicycles, motorized skateboards, and motorized scooters
is prohibited on any Interstate Highway System component except as
the Commonwealth Transportation Board specifically authorizes.
A.
Except as otherwise prohibited or restricted by an official traffic-control
device, a person may park an electric personal assistive mobility
device, electric power-assisted bicycle, motorized skateboard, or
motorized scooter on a sidewalk in such a manner as to not impede
the normal reasonable movement of pedestrian or other traffic.
B.
Except as this Code otherwise prohibits, an electric personal assistive
mobility device, electric power-assisted bicycle, motorized skateboard,
or motorized scooter may be parked on the roadway at any angle to
the curb or edge of the roadway or abreast of another such wheeled
device or vehicle, but in such a manner so as not to (i) impede the
normal and reasonable movement of vehicular or pedestrian traffic,
or (ii) obstruct the movement of a legally parked motor vehicle.
C.
An electric personal assistive mobility device, electric power-assisted
bicycle, motorized skateboard, or motorized scooter shall be upright
when parked; and such devices or vehicles may be parked at bicycle
racks, street signs, light posts, and other areas that the Chief designates
for parking.
D.
Within two hours after the Chief reports a violation, an operator
shall remove an electric personal assistive mobility device, electric
power-assisted bicycle, motorized skateboard, or motorized scooter
that is parked in violation of any City Code or State Code provision,
or in violation of any regulation the Chief has promulgated.
E.
If an operator fails to remedy a violation within two hours after
the Chief reports the violation, the Chief may remove the device or
vehicle and store it in a City facility. To retrieve the device or
vehicle, an operator shall pay all costs associated with its removal
and storage. In addition, if the Chief removes a device or vehicle
to a City facility in accordance with this section, the operator shall
be guilty of a traffic infraction and fined $200. If an operator fails
to retrieve the device or vehicle within a reasonable time after being
notified, the Chief may consider the device or vehicle abandoned and
dispose of it in any lawful manner.
F.
An operator shall be financially responsible for any penalties, fines,
and other costs to the City as a result of illegally parked electric
power-assisted bicycles, motorized skateboards, and motorized scooters,
including parking tickets and other enforcement action against the
operator.
It shall be unlawful for any person to operate an electric personal
assistive mobility device, electric power-assisted bicycle, motorized
skateboard, or motorized scooter on the highways in the City while
using earphones in both ears. For the purposes of this section, "earphones"
shall mean any device worn on or in both ears that converts electrical
energy to sound waves or which impairs or hinders the person's ability
to hear, but shall not include any prosthetic device that aids a person
with a hearing impairment.
Any person operating an electric personal assistive mobility
device, electric power-assisted bicycle, motorized skateboard, or
motorized scooter shall obey all applicable provisions of Title 46.2
of the Code of Virginia.
No more than one person at a time shall ride or be on an electric
personal assistive mobility device, electric power-assisted bicycle,
motorized skateboard, or motorized scooter, unless the vehicle or
wheeled device is specifically designed to accommodate two or more
persons.
A.
Every electric personal assistive mobility device, electric power-assisted
bicycle, motorized skateboard, or motorized scooter with handlebars,
when in use between sunset and sunrise, shall be equipped with a headlight
on the front emitting a white light visible in clear weather from
a distance of at least 500 feet to the front and a red reflector visible
from a distance of at least 600 feet to the rear when directly in
front of lawful lower beams of headlights on a motor vehicle. The
light and reflector shall be of a type the Superintendent of State
Police has approved.
B.
All electric power-assisted bicycles and motorized scooters shall
have brakes and a bell in proper working condition.
A.
Any operator desiring to rent or lease to the public electric power-assisted
bicycles, motorized skateboards, or motorized scooters in the City
shall, prior to commencing business, complete and file with the Chief
of Police an application for a license to conduct business in the
City. The application shall be on a form the Chief prepares and shall
require all information the Chief deems necessary to effectively regulate
electric power-assisted bicycles, motorized skateboards, and motorized
scooters. The application shall be accompanied by a payment of $500
to process the application. Within 14 days of receiving a completed
application and the $500 payment, the Chief shall approve or disapprove
the application. If the application is approved, the Chief shall issue
the operator a license to operate in the City for two years. If the
Chief disapproves the application, he shall advise the applicant,
in writing, why the application was disapproved.
B.
A disapproved applicant may file with the City Manager a written
appeal of the Chief's decision. Such appeal must be filed within 10
days of the Chief's decision, and the City Manager shall have 14 days
to act on the appeal. The Chief's decision, or if appealed, the City
Manager's decision to approve or disapprove an application, shall
be final and unappealable. Any operator renting or leasing electric
power-assisted bicycles, motorized skateboards, or motorized scooters
in the City without such license shall be subject to a fine of up
to $1,000 for each violation. Each day of violation shall constitute
a separate offense.
C.
If an operator violates this article's provisions and the violation
is not corrected within seven days of the Chief's written notice,
the Chief may immediately suspend or revoke the operator's license.
Upon revocation, the operator shall be barred from applying for another
license for six months.
D.
Upon the Chief's revocation of the operator's license, the operator
shall promptly remove from the City right-of-way all of its electric
power-assisted bicycles, motorized skateboards, and motorized scooters.
Any operator previously licensed who desires to continue doing business in the City may file an application with the Chief for another two-year license. The provisions of § 273-67 shall apply to the application process, approval, disapproval, suspension, and revocation of the renewal license. There is no limit on the number of consecutive two-year licenses an operator may be issued.
A.
An operator shall have a customer service telephone number that citizens
may call to report safety concerns and complaints, and ask questions,
that is available 24 hours a day. This telephone number and the operator's
website shall be clearly posted on every electric power-assisted bicycle,
motorized skateboard, and motorized scooter for rent or lease in the
City. The operator shall promptly respond directly to City of Colonial
Heights residents and all users making complaints or asking questions
regarding services.
B.
An operator shall affix its logo and unique identifying number to
each electric power-assisted bicycle, motorized skateboard, and motorized
scooter so that they are clearly visible; and the operator shall not
allow other logos or advertisements to appear on any of its electric
power-assisted bicycles, motorized skateboards, and motorized scooters.
An operator shall notify each user of an electric power-assisted
bicycle, motorized skateboard, or motorized scooter of City and state
law, including parking requirements, applicable to such bicycle, skateboard,
or scooter. This notification shall at a minimum be received through
the mobile application and website for the service.
Prior to commencing business, an operator shall post a $5,000
surety bond which the City may use to pay costs relating to removing
and storing electric power-assisted bicycles, motorized skateboards,
and motorized scooters that do not comply with this article's provisions,
if the operator does not pay such costs.
A.
Prior to offering for rent or lease any electric power-assisted bicycles,
motorized skateboards, or motorized scooters, an operator shall provide
the Chief with evidence of sufficient insurance coverages. The City
Attorney, with input from the City Purchasing Agent, shall determine
the type and amount of coverages and shall also specify any other
requirements that he believes are necessary to protect the City's
interest.
B.
The operator shall maintain at all times the insurance coverages
the City Attorney prescribes while conducting business in the City
and shall immediately notify the Chief if there is a change to or
cancellation of any coverage.
Prior to commencing business in the City, an operator shall
execute an indemnification agreement that the City Attorney has prepared.
Within five business days of the termination of business, an
operator shall remove all of its electric power-assisted bicycles,
motorized skateboards, or motorized scooters from the City right-of-way.
Any such bicycles, skateboards, or scooters not removed within the
five business-day period shall be considered abandoned property; and
the Chief shall dispose of them in any lawful manner.
In addition to the license referenced in this article, an operator
shall obtain any other license or permit that local, state, or federal
law requires.
A.
For the purposes of this article, an electric wheelchair is a type
of electric personal assistive mobility device.
B.
No one shall ride or operate a wheelchair on a sidewalk, bicycle
path, road, or other public right-of-way unless the wheelchair has
attached to it a red or bright orange flag at least 32 inches in length
which protrudes vertically, or horizontally behind the wheelchair,
and is visible to a reasonably observant driver or pedestrian.
