For purposes of this article:
(a) Electric Scooter means a device having at least two wheels in contact with the ground, equipped with handlebars, a braking system, and an electric motor, designed to be stood or seated upon while in operation.
(b) Electric Bicycle or Tricycle means a bicycle or tricycle equipped with fully operative pedals for human propulsion, a saddle, and an electric motor of less than seven hundred fifty (750) watts, meeting one of the classifications established by Kansas law and not constituting a motor vehicle.
(c) Operator means any person who rides or is in actual physical control of an electric bicycle, electric tricycle, or electric scooter.
(Ord. 1587)
(a) Electric bicycles, electric tricycles, and electric scooters shall be subject to all rights and duties applicable to bicycles under the Kansas Standard Traffic Ordinance unless otherwise provided herein.
(b) Nothing in this article shall be construed to supersede state law or any more restrictive local regulation authorized by law.
(Ord. 1587)
(a) An operator may operate an electric bicycle, electric tricycle, or electric scooter upon any roadway having a posted speed limit of thirty (30) miles per hour or less.
(b) Electric bicycles, electric tricycles, and electric scooters may be operated upon designated bicycle paths unless otherwise prohibited.
(c) Nothing in this section shall prohibit crossing a federal highway, state highway, or roadway with a posted speed limit greater than thirty (30) miles per hour when crossing may otherwise be made lawfully.
(Ord. 1587)
No person shall operate an electric bicycle, electric tricycle, or electric scooter upon:
(1) Any federal, state or interstate highway;
(2) Any roadway where such operation is prohibited by state law;
(3) The Walking Trail at Bicentennial Park;
(4) All of the area enclosed with fencing at the municipal swimming pool campus (including the swimming pool, splash pad and concrete aprons surrounding these amenities);
(5) The Clara Barton Hospital Walking Trail; or
(6) Any street, sidewalk, park, trail, or public area where operation has been prohibited by ordinance, signage or official traffic control device.
(Ord. 1587)
(a) Operation upon sidewalks shall be permitted except where specifically prohibited by ordinance or official signage.
(b) Operators shall always yield the right-of-way to pedestrians.
(c) When operating on a sidewalk or shared-use path, an operator shall travel at a speed that is reasonable and prudent for existing conditions and shall not exceed a speed that is safe for pedestrians, bicyclists, or other lawful users of the sidewalk or path.
(d) Operators shall slow to walking speed when necessary to safely pass pedestrians and shall provide an audible signal before overtaking a pedestrian whenever practical.
(e) The Governing Body may designate areas where operators must dismount and walk their electric bicycle, electric tricycle, or electric scooter.
(f) Operators shall not operate in a way that obstructs traffic, pedestrians or access to businesses.
(Ord. 1587)
(a) Helmet. Any operator under eighteen (18) years of age is encouraged to wear a properly fitted and fastened helmet meeting applicable safety standards.
(b) Lighting. Any electric bicycle, electric tricycle, or electric scooter operated between sunset and sunrise shall be equipped with:
(1) A white light visible from the front; and
(2) A red light or reflector visible from the rear.
(c) Brakes. Every electric bicycle, electric tricycle, and electric scooter shall be equipped with a functional braking system capable of stopping the device under normal operating conditions.
(Ord. 1587)
(a) Operators shall comply with all posted speed limits applicable to the roadway upon which they are operating.
(b) No operator shall operate an electric bicycle, electric tricycle, or electric scooter at a speed greater than is reasonable and prudent under existing conditions, having regard for actual and potential hazards.
(c) Operators shall reduce speed as necessary to safely avoid collisions with pedestrians, bicyclists, vehicles, animals, or fixed objects.
(Ord. 1587)
(a) No person shall operate an electric bicycle, electric tricycle, or electric scooter in a careless, reckless, or negligent manner so as to endanger or be likely to endanger any person or property.
(b) Reckless or unsafe operation includes, but is not limited to:
(1) Operating at a speed greater than is reasonable and prudent for existing conditions;
(2) Failing to reduce speed when approaching or passing pedestrians or bicyclists;
(3) Weaving through pedestrian or vehicular traffic in a manner that creates an unreasonable risk of collision;
(4) Failing to yield the right-of-way to pedestrians where required by law;
(5) Operating while distracted or without maintaining proper control of the device;
(6) Carrying passengers unless the device is specifically designed and equipped for more than one rider;
(7) Failing to obey all applicable traffic laws and regulations;
(8) Towing another person or vehicle, or allowing oneself to be towed by another vehicle; or
(9) Operating in any manner that creates an unreasonable risk of injury to persons or damage to public or private property.
(c) Nothing in this section shall prohibit an officer from citing an operator for any other violation of this article or applicable Kansas law arising from the same conduct.
(Ord. 1587)
The City of Hoisington may adopt additional regulations, including but not limited to:
(1) Prohibiting operation in specified locations;
(2) Designating shared-use paths or restricted areas;
(3) Regulating sidewalk operation;
(4) Establishing parking areas for electric bicycles, tricycles, or scooters;
(5) Regulating commercial or shared-use electric scooter programs; and
(6) Temporarily restricting operation during festivals, parades, emergencies, or special events.
(Ord. 1587)
A violation of this article shall constitute an ordinance traffic infraction. Upon conviction or entry of a plea of guilty or no contest, the offender shall be subject to a fine as provided by the Uniform Public Offense Code and the City of Hoisington Code of Ordinances, not to exceed Two Hundred Fifty Dollars ($250.00), unless otherwise provided by law.
(Ord. 1587)