Chapter 10.18
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES

Sections:

10.18.010    Definition of electric personal assistive mobility device or EPAMD.

10.18.020    EPAMD restriction district.

10.18.030    Limited use of EPAMDs for disabled persons for mobility purposes.

10.18.040    Chapter 10.80 KMC applicable.

10.18.050    Fine schedule.

10.18.010 Definition of electric personal assistive mobility device or EPAMD.

An electrical personal assistive mobility device (“EPAMD”) shall mean a self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system having a maximum speed on a paved level surface of less than 20 miles per hour. For purposes of this section, EPAMDs shall include but shall not be limited to the Segway® PT. For purposes of this section, electric or motorized wheelchairs and power chairs shall not be considered EPAMDs. (Ord. 1839 § 1, 2017)

10.18.020 EPAMD restriction district.

The use of EPAMDs is hereby prohibited, based upon the interest of safety, on all public property within the EPAMD restriction district which encompasses properties in these areas: the 1000 Block of Kennedy Street; Schoenbar Court; the 400-1000 Blocks of Water Street; Hopkins Alley; 0-300 Blocks of Main Street, Front Street and Bawden Street; Dock Street; Mission Street; Mill Street; Creek Street; the 0-500 Blocks of Stedman Street; Thomas Street and the Spruce Mill Way and the Port of Ketchikan Water Front Promenade as more particularly shown on Exhibit A to the ordinance codified in this chapter. Public property includes but is not limited to all public ways, berths, port facilities, harbor facilities, parking lots, sidewalks, parks, plazas, bicycle paths and paths owned by and/or under the care, custody and control of the city. (Ord. 1839 § 1, 2017)

10.18.030 Limited use of EPAMDs for disabled persons for mobility purposes.

(a)    An EPAMD may be used and operated on property described in KMC 10.18.020 provided such EPAMD is used and/or operated by a person disabled for mobility purposes in accordance with all the requirements established in this section.

(b)    Inquiry into Use of EPAMDs by Persons Who Are Disabled For Mobility Purposes.

(1)    The city may ask any person using or operating an EPAMD on such property in the city to provide evidence that the person’s use or operation of the EPAMD is required because of his or her mobility disability. The city shall accept one or more of the following as evidence that a person’s use or operation of an EPAMD is required because of his or her mobility disability:

(i)    A valid disability parking placard or card issued by the state of Alaska presented by a person at the time of his or her use or operation of the EPAMD;

(ii)    Any other valid proof of disability issued by the state of Alaska, presented by a person at the time of his or her use or operation of the EPAMD;

(iii)    A verbal representation by the person on, using or operating the EPAMD that his or her use or operation of the EPAMD is required because of his or her mobility disability. However, the city may assess any penalty or take any other action authorized under this section if such person’s verbal representation that his or her use or operation of the EPAMD is required because of his or her mobility disability is contradicted by observable fact, as determined by the city.

(2)    Any person on, using or operating an EPAMD on such property who is unable to present the required evidence of his or her mobility disability at the time of his or her use or operation of an EPAMD as described above and as determined the by city shall be deemed in violation of the provisions of this section.

(c)    Under no circumstances may any individual permitted to use EPAMDs under the provisions of this section travel in a group of more than two. When traveling in a group of two EPAMDs, such individuals shall travel only in single file and shall not travel side by side.

(d)    Individuals using an EPAMD under this section shall operate it at a speed safe for the circumstances involved and consistent with the flow of pedestrian traffic. (Ord. 1839 § 1, 2017)

10.18.040 Chapter 10.80 KMC applicable.

The provisions in of Chapter 10.80 KMC regulating the operation and use of self-propelled conveyances apply to the use and operation of EPAMDs. (Ord. 1839 § 1, 2017)

10.18.050 Fine schedule.

Pursuant to KMC 1.02.110, the fine for a violation of any of the provisions of this chapter shall be $200.00. (Ord. 1839 § 1, 2017)