[HISTORY: Adopted by the Town Board of the Town of New Paltz 3-17-2022 by L.L. No. 1-2022. Amendments noted where applicable.]
This chapter shall be entitled "Electric Assist Bicycles."
The Town Board of the Town of New Paltz finds and determines
that it is the public interest for the Town of New Paltz to adopt
a local law to regulate the use of electric bicycles on the public
highways, streets, avenues, walks, parks and public places within
the Town, such local law to be supplemental and in addition to the
provisions of the New York State Vehicle and Traffic Law of the State
of New York relating to electric assist bicycles and not in conflict
therewith.
As used in this chapter, these terms shall have the following
meanings:
An electric bicycle shall mean a bicycle equipped with fully
operable pedals and an electric motor of 750 watts or less.
A 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.
A 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.
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 20
miles per hour if the bike is being propelled exclusively by the motor.
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 20 miles per hour if the bike is being propelled
exclusively by the motor.
An electric bicycle 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), Section 206.
A class 1 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 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 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 multiuse paths and trails.
All operators and passengers of class 1 and 2 electric bicycles
shall wear a properly fitted and fastened bicycle helmet that meets
the standards provided by either the United States Consumer Product
Safety Commission or the American Society for Testing and Materials,
or standards subsequently established by those entities.
