[HISTORY: Adopted by the Board of Trustees of the Village
of Depew 11-28-2023 by L.L. No. 4-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 193, but
was renumbered to maintain the alphabetical organization of the Code.
The Village finds and determines that the use of motorized scooters,
electric scooters, and electric bicycles in public by drivers is posing
a serious public safety threat not only to the drivers and to other
pedestrians, but also, users of our highways and drivers. For others,
they do not recognize the dangers to pedestrians and to those entering
and exiting establishments onto the public sidewalks or the effect
that they can have on the motoring public. It is the intent of the
Village that the use of these devices should be prohibited from use
on the sidewalks and the negligent, careless, or reckless use of these
devices should be prohibited in the lanes of traffic on public highways
and thoroughfares. Therefore, the purpose of this chapter is to restrict
and regulate the use of motorized scooters, electric scooters, and
electric bicycles in the Village of Depew.
As used in this chapter, the following terms shall have the
meanings indicated:
Any bicycle as defined under New York State Vehicle and Traffic
Law § 102-c, and more specifically, a bicycle which is not
more than thirty-six-inches wide; has an electric motor that is less
than 750 watts; is equipped with operable pedals; and complies with
the Consumer Product Safety Commission under 16 CFR 1512.1, et seq.
Any scooter as defined under New York State Vehicle and Traffic
Law § 114-e as a device weighing less than 100 pounds; has
handlebars; has a floorboard of a seat that the operator can stand
or sit upon; has an electric motor; can be powered by the electric
motor and/or human power; and has a maximum speed of 20 mph on a paved
level surface when powered solely by the electric motor.
Any public way as defined by New York State Vehicle and Traffic
Law § 118.
That portion of the paved surfaces of a highway or street
normally and customarily used for vehicular traffic, but excluding
any marked bike path.
A skateboard or like device with two or more wheels and an
upright steering mechanism attached to the front wheel or wheels,
upon which a person or persons may ride propelled by other than muscular
power, except that it shall not include an electrically driven mobility
assistance device or wheelchair as those devices are defined in New
York State Vehicle and Traffic Law § 130-a, nor shall it
include any low-speed vehicle as such is defined in New York State
Vehicle and Traffic Law § 121-f.
Any one wheel device meeting having any of the characteristics
defined in "electric bicycle" or "electric scooter" or "motorized
scooter."
Those areas defined by New York State Vehicle and Traffic
Law § 129-A.
Those areas defined by New York State Vehicle and Traffic
Law § 129-B.
Those areas defined by New York State Vehicle and Traffic
Law § 144.
Those areas defined by New York State Vehicle and Traffic
Law § 148.
Electric bicycles that meet the above requirements are further
classified as follows:
A.
"Class one bicycle with electric assist:" A bicycle with electric
assist having an electric motor that provides assistance only when
the person operating the bicycle is pedaling, and that ceases to provide
assistance when such bicycle reaches a speed of 20 mph;
B.
"Class two bicycle with electric assist:" A bicycle with electric
assist having an electric motor that may be used exclusively to propel
the bicycle, and that is not capable of providing assistance when
such bicycle reaches a speed of 20 mph;
A.
Operators of electric scooters, motorized scooters, and electric
bicycles must wear protective headgear and/or helmets at all times
while operating such devices.
B.
Operators of electric scooters, motorized scooters, and electric
bicycles must be at least 16 years of age at the time of the operation
of such devices any where on public land or be supervised by a parent
or legal guardian.
C.
Electric scooters, motorized scooters, and electric bicycles are
not permitted at any time on any public sidewalk within the Village
of Depew.
D.
Electric scooters, motorized scooters, and electric bicycles are
not permitted at any time in the lane of traffic in the Village of
Depew when operated in a negligent, careless or negligent manner.
E.
Electric scooters, motorized scooters, and electric bicycles are
prohibited from exceeding 15 mph while operating in the Village.
F.
If operating after sunset, operators of electric scooters, motorized
scooters, and electric bicycles must have lamps, lights and/or other
reflective materials permanently affixed to the device which must
be in full working order while the device is in operation.
G.
Operators of electric scooters, motorized scooters, and electric
bicycles must at all times have lamps, lights and/or other reflective
materials permanently affixed to the device which must be in full
working order while the device is in operation to operate as turn
signals and brake lights.
H.
Electric scooters, motorized scooters, and electric bicycles may
not be parked on the public sidewalks unless appropriately placed
within a bicycle rack that may be present. At no time may electric
scooters, motorized scooters, and electric bicycles be parked in a
manner that interfere with pedestrian use of a sidewalk.
I.
Electric scooters, motorized scooters, and electric bicycles must
yield the right-of-way to pedestrians at all times.
J.
Electric scooters, motorized scooters, and electric bicycles may
only ride single file when on public streets and highways.
K.
Electric scooters, motorized scooters, and electric bicycles which
have been modified to travel at speeds in excess of 25 miles per hour
are strictly prohibited in the Village of Depew and cannot operate
on any public highway.
Motorized and electric scooter operators, in addition to the
provisions above:
A.
May not carry more than one person at one time;
B.
May not carry any package, bundle or article which prevents the operator
from keeping at least one hand upon the handle bars or which obstructs
his or her vision in any direction;
C.
May only operate on highways with a posted speed limit of 30 mph
or less, including non-interstate public highways, private roads open
to motor vehicle traffic, and designated bicycle or in-line skate
lanes, except otherwise provided;
D.
May not operate an electric scooter in excess of 20 mph;
E.
Motorized and electric scooter operators may not attach their scooter,
or himself or herself, to any vehicle being operated upon a roadway.
Moreover, vehicle operators may not permit any person to attach any
motorized or electric scooter, or himself or herself, to such operator's
vehicle in violation of this section.
Violations of this chapter shall be subject to a $50 fine for
the first violation, up to $100 for a second violation, and up to
$250 for each subsequent violation. In the event that the violator
is less than 18 years old, a summons shall be issued to the parent
and/or guardian.
This law shall take effect immediately upon filing with the
Secretary of State.
