[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:
CHIEF
The Chief of the City of Colonial Heights Police Department or his designee.
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE
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.
ELECTRIC POWER-ASSISTED BICYCLE
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.
MOTORIZED SKATEBOARD OR SCOOTER
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."
OPERATOR
Any person or legal entity offering electric power-assisted bicycles, motorized skateboards, or motorized scooters to the public for rent or lease.
VEHICLE
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.