[HISTORY: Adopted by the Council of the City of New Rochelle 10-20-2020 by Ord. No. 2020-123. Amendments noted where applicable.]
As used in this article, the following terms shall have the meanings indicated:
ELECTRIC BICYCLE
A bicycle equipped with fully operable pedals and an electric motor of less than 750 watts.
A. 
CLASS 1 ELECTRIC BICYCLE or LOW-SPEED PEDAL-ASSISTED ELECTRIC BICYCLEA bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
B. 
CLASS 2 ELECTRIC BICYCLE or LOW-SPEED THROTTLE-ASSISTED ELECTRIC BICYCLEA bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
C. 
CLASS 3 ELECTRIC BICYCLE or SPEED PEDAL-ASSISTED ELECTRIC BICYCLEA bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.
Except as otherwise provided in the Vehicle and Traffic Law of the State of New York or this chapter, an electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges and be subject to all of the duties of a bicycle or the operator of a bicycle.
A. 
A person shall not tamper with or modify an electric bicycle so as to change the motor-powered speed capability or motor engagement (between pedal and throttle-assist types of engagement) of an electric bicycle. A person shall not tamper with or modify an electric bicycle in a manner that allows the motor to provide assistance above the speed of:
(1) 
Twenty miles per hour if the bike is being propelled exclusively by the motor; or
(2) 
Twenty-eight miles per hour if the motor is providing assistance only when the rider is pedaling.
B. 
A device shall no longer be considered an electric bicycle if the motor is modified such that the motor is capable of propelling the device at a speed that exceeds:
(1) 
Twenty miles per hour if the bike is being propelled exclusively by the motor; or
(2) 
Twenty-eight miles per hour if the motor is providing assistance only when the rider is pedaling.
A Class 2 electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied. A Class 1 and 3 electric bicycle shall operate in a manner such that the motor is disengaged through a mechanism that, when the rider stops pedaling, the electric motor will disengage or cease to function.
A Class 1 electric bicycle or a Class 2 electric bicycle may be used in all places where bicycles are permitted to travel, including, but not limited to, bicycle and multi-use paths and trails. However, the City may prohibit, by ordinance, the operation of a Class 1 electric bicycle or Class 2 electric bicycle on that bicycle path or trail.
No person under the age of 18 may operate a Class 3 electric bicycle. A person under the age of 16 may ride as a passenger on a Class 3 electric bicycle that is designed to accommodate passengers.
As used in this article, the following terms shall have the meanings indicated:
ELECTRIC SCOOTER
Every device weighing less than 100 pounds that a) has handlebars, a floorboard that can be stood upon by the operator, and an electric motor, b) can be powered by the electric motor and/or human power, and c) has a maximum speed of no more than 20 miles per hour on a paved level surface when powered solely by the electric motor and is designed to transport only one person.
A. 
Every person riding an electric scooter upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this state and the rider of a electric scooter by this Code, except as to special regulations in this Code and except as to those provisions of this Code which by their nature can have no application.
B. 
No person shall operate an electric scooter unless such operation follows the provisions of this chapter, and any regulation or order or local law or ordinance.
A. 
No electric scooter shall be used to carry more persons at one time than the number for which such device is designed and equipped.
B. 
No person operating an electric scooter shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handlebars or which obstructs his or her vision in any direction.
C. 
Every person operating an electric scooter shall yield the right-of-way to pedestrians.
D. 
No person less than 16 years of age shall operate or ride as a passenger upon an electric scooter, and no person 16 years of age or older shall allow any person less than 16 years of age to operate or ride as a passenger upon such scooter. A police officer shall only issue a summons for a violation of this subsection by a person less than 16 years of age to the parent or guardian of such person if the violation by such person occurs in the presence of such person's parent or guardian and where such parent or guardian is 18 years of age or more. Such summons shall only be issued to such parent or guardian, and shall not be issued to the person less than 16 years of age.
E. 
No person shall operate an electric scooter without the owner's consent.
F. 
No person shall operate an electric scooter at a speed greater than is reasonable and prudent under the conditions then existing.
G. 
No person shall ride an electric scooter on a sidewalk.
H. 
No person shall park an electric scooter in a location that obstructs the flow of vehicular, bicycle or pedestrian traffic, and shall be in compliance with the Americans with Disabilities Act of 1990, as amended (Public Law 101-336).
I. 
Clinging to vehicles. No person operating an electric scooter shall attach such scooter, or himself or herself, to any vehicle being operated upon a roadway.
J. 
No vehicle operator shall knowingly permit any person to attach any electric scooter or himself or herself to such operator's vehicle in violation of Subsection I above.
A. 
Upon all roadways, any electric scooter shall be operated either near the right-hand curb or edge of the roadway or upon a usable right-hand shoulder, or on a usable bicycle or in-line skate lane if a usable bicycle or in-line skate lane is provided, in such a manner as to prevent undue interference with the flow of traffic except when preparing for a left turn or when reasonably necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge. Conditions to be taken into consideration include, but are not limited to, fixed or moving objects, vehicles, bicycles, in-line skates, pedestrians, animals, surface hazards or traffic lanes too narrow for a person operating an electric scooter and a vehicle to travel safely side-by-side within the lane.
B. 
Persons operating electric scooters upon a roadway shall ride single file. Persons operating electric scooters upon a shoulder, bicycle or in-line skate lane, or bicycle or in-line skate path intended for the use of bicycles, in-line skates or electric scooters may ride two or more abreast if sufficient space is available, except that when passing a vehicle, bicycle, electric personal assistive mobility device, person on in-line skates or pedestrian standing or proceeding along such shoulder, lane or path, persons operating electric scooters shall operate such scooters single file.
C. 
Any person operating an electric scooter who is entering a roadway from a private road, driveway, alley or over a curb shall come to a full stop before entering the roadway.
A. 
Every electric scooter when in use during the period from 1/2 hour after sunset to 1/2 hour before sunrise shall be equipped with 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 and with a red light visible to the rear for 300 feet.
B. 
No person shall operate an electric scooter unless such scooter is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, except that an electric scooter shall not be equipped with nor shall any person use upon an electric scooter any siren or whistle.
C. 
Every electric scooter shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
Any person operating an electric scooter who knowing or having cause to know that physical injury, as defined in Subdivision nine of § 10.00 of the Penal Law, has been caused to another person due to the operation of such electric scooter by such person shall, before leaving the place where such physical injury occurred, stop and provide his or her name and residence, including street and street number, to the injured party, if practical, and also to a police officer, or in the event that no police officer is in the vicinity of the place of said injury, then such person shall report such incident as soon as physically able to the nearest police station or judicial officer.
A. 
The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this article.
B. 
These regulations applicable to electric scooters shall apply whenever an electric scooter is operated upon any highway, upon private roads open to public motor vehicle traffic and upon any path set aside for the exclusive use of bicycles, in-line skates, electric scooters, or all.
C. 
Shared electric scooter systems shall only operate with the authorization of the City of New Rochelle and pursuant to all pertinent regulations noted herein.
D. 
Notwithstanding any other provision of law to the contrary, all trip data, personal information, images, videos, and other recorded images collected by any shared electric scooter system which is authorized to operate within the City of New Rochelle: i) shall be for the exclusive use of such shared electric scooter system and shall not be sold distributed or otherwise made available for any commercial purpose and ii) shall not be disclosed or otherwise made accessible except: 1) to the person who is the subject of such data, information or record; or 2) if necessary to comply with a lawful court order, judicial warrant signed by a judge appointed pursuant to Article III of the United States Constitution, or subpoena for individual data, information or records properly issued pursuant to the Criminal Procedure Law or the Civil Practice Law and Rules; provided, however, that nothing contained in this subsection shall be deemed to preclude the exchange of such data, information or recorded images solely for the purpose of administering such authorized shared system.
E. 
Any violation of this article shall be punishable by a mandatory minimum fine of $50 and a maximum fine of $100 plus a mandatory surcharge of $50. In addition, a court may order a term of community service be performed by the violator.