Chapter 11.
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (EPAMD)
Sections:
4-11.02 Speed and Responsible Operation
4-11.03 Penalty for Violations
4-11.01 Definitions.
(a) “Electric personal assistive mobility device” or “EPAMD” means that device defined in Section 313 of the California Vehicle Code, as the same is now in effect or may hereafter be amended.
(b) “Sidewalk” shall mean that area defined in the California Vehicle Code, as the same is now in effect or may hereafter be amended.
(Sec. 2 (part), Ord. 06-001, eff. Mar. 9, 2006)
4-11.02 Speed and Responsible Operation.
(a) No person shall operate an EPAMD upon a sidewalk at a speed greater than is reasonable or prudent having due regard for weather, visibility, pedestrians and other conveyance traffic on, and the surface, width, and condition of, the sidewalk and in no event at a speed which endangers the safety of persons or property. No person shall operate an EPAMD upon a sidewalk in a willful or wanton disregard for the safety of persons or property.
(b) A person operating an EPAMD on a sidewalk shall yield the right-of-way to all foot pedestrians, including persons using assistive devices and/or service animals that are close enough to constitute a hazard.
(c) No person shall leave an EPAMD lying on its side on any sidewalk, or park an EPAMD on a sidewalk in an upright position, where it is not secure or does not leave an adequate path for pedestrian travel.
(d) A person under the age of eighteen (18) operating an EPAMD shall wear a bicycle helmet or other helmet that meets or exceeds the standards set forth in California Vehicle Code Section 21212, as the same is now in effect or may hereafter be amended.
(e) No person operating an EPAMD shall carry a package, bundle, or any article that prevents safe operation of said device.
(f) No person shall operate an EPAMD while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of that person’s blood according to California Vehicle Code Section 23612(d), and, if so requested, the arresting officer shall have the test performed.
(Sec. 2 (part), Ord. 06-001, eff. Mar. 9, 2006)
4-11.03 Penalty for Violations.
(a) Any violation of the provisions of Section 4-11.03(a) through (f), inclusive, shall be punishable as an infraction as set forth in Chapter 2 of Title 1.
(b) Any first-time violation of the provisions of Section 4-11.03(g) shall be punishable as an infraction. Any additional violation by the same person within one (1) year shall be punishable as a misdemeanor as set forth in Chapter 2 of Title 1.
(Sec. 2 (part), Ord. 06-001, eff. Mar. 9, 2006)
4-11.04 Exceptions.
(a) Any person in the service of the United States Postal Service or any government agency, operating an EPAMD in the course and scope of his or her employment, shall not be subject to the restrictions on the use of an EPAMD, as provided in Section 4-11.02.
(b) Any person with a disability, as that term is defined in the California Unruh Civil Rights Act, shall not be subject to the restrictions on the use of an EPAMD, as provided in Section 4-11.02.
(Sec. 2 (part), Ord. 06-001, eff. Mar. 9, 2006)