Chapter 13
BICYCLES, MOPEDS, GOLF CARTS AND PEDICABS
Articles:
13-1 Definitions, Penalties, Application
13-3 Operation of Bicycles, Mopeds and Golf Carts
Article 13-1
Definitions, Penalties, Application
Sections:
13-1-2 Responsibility of Parent
13-1-3 Application of Provisions
Section 13-1-1 Definitions
In this chapter unless the context otherwise requires:
A. “Bicycle” means a device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than sixteen inches in diameter or having three wheels in contact with the ground any of which is more than sixteen inches in diameter.
B. “Bicycle lane” means any portion of a roadway designated for bicycle use and defined by pavement markings, curbs, signs or other traffic-control devices.
C. “Daytime” means the period between sunrise and sunset.
D. “For hire” means to provide, or offer to provide, a service in exchange for any form of payment, whether monetary or otherwise, or gratuity.
E. “Golf cart” means an electric motor vehicle that has not less than three wheels in contact with the ground, that has an unladen weight of less than one thousand eight hundred pounds, that is designed to be and is operated at not more than twenty-five miles per hour and that is designed to carry not more than four persons including the driver.
F. “Knowingly” means, with respect to conduct or a circumstance described in this article, that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.
G. “Nighttime” means the period between sunset and sunrise.
H. “Operator” means the person who is in actual physical control of the pedicab.
I. “Pathway” means a facility designated for use of bicycles, golf carts and pedestrians.
J. “Pedal bicycle with helper motor,” “moped,” or “motorized electric or gas powered bicycle or tricycle” means every bicycle equipped with a helper motor, if such vehicle has an electric motor or maximum piston displacement of fifty cubic centimeters, a brake horsepower of one and one-half or less and a maximum speed of twenty-five miles per hour on a flat surface with less than a one percent grade.
K. “Pedicab” means either a bicycle or a motorized electric or gas powered bicycle or tricycle that transports or is held out to the public as available to transport passengers for hire, including a bicycle or a motorized electric or gas powered bicycle or tricycle that pulls, or to which is attached, a trailer, sidecar, or similar device.
L. “Person” means a corporation, firm, partnership, limited liability company, association, organization and any other group acting as a unit, as well as an individual.
M. “Sidewalk” means a facility designated for use of pedestrians and bicycles. (Ord. 13-186 § 1; Ord. 11-164 § 1)
Section 13-1-2 Responsibility of Parent
The parent of a child and the guardian of a ward shall not authorize or knowingly permit the child or ward to violate any provisions of this chapter.
Section 13-1-3 Application of Provisions
The regulations of this chapter in their application to bicycles, mopeds, golf carts and pedicabs shall apply when a bicycle, moped, golf cart or pedicab is operated upon any street, bicycle lane, pathway or sidewalk subject to those exceptions stated in this chapter. (Ord. 13-186 § 1; Ord. 11-164 § 1)
Section 13-1-4 Penalty
Any person violating any of the provisions of this chapter shall be liable for the imposition of a civil sanction not to exceed two hundred fifty dollars, unless another penalty is specified.
Article 13-2
Abandoned Bicycles
Sections:
13-2-1 Duty of City to Take Possession
13-2-5 Auction, Disposition of Funds
Section 13-2-1 Duty of City to Take Possession
It shall be the duty of the city to take possession of all bicycles that have been abandoned on any street, alley or in any other public place in the city.
Section 13-2-2 Notice of Owner
Upon taking possession of any abandoned bicycle, it shall be the duty of the city to ascertain, if possible, the owner thereof and to notify such owner that such bicycle is in the possession of the police department. This notice may be given to the owner in person, by phone or by ordinary mail.
Section 13-2-3 Sales
A. In the event that the owner of an abandoned bicycle cannot be found or does not claim such bicycle, the city shall proceed to sell such bicycle at public auction. Such sale shall be held in the manner set forth in this chapter. However, the finder of such bicycle shall be notified prior to the auction and allowed to make claim to said bicycle.
B. From time to time the city council may decide to exempt certain bicycles from the above sale procedure and give such exempted bicycles to nonprofit organizations, as approved by the city council, for disbursement. The nonprofit organizations shall request the bicycles in writing directed to the city council. The organization shall provide a specific statement as to the proposed use of the bicycles in its request.
Section 13-2-4 Notice of Sale
After twenty days from the date of taking from the date of the taking of possession of an abandoned bicycle, the city shall publish in the official newspaper of the city, at least twice, a notice of sale of such bicycle and shall post a copy of such notice in three public places in the city. A copy of such notice shall be mailed to the owner, if known, at his last known address. This copy may be mailed at least thirty days before the date of the sale. Such notice shall contain a brief description of the bicycle, if known; its number, if known; its last registration number, if known and shall also state the hour, date and place of sale and the place where the bicycle may be seen.
Section 13-2-5 Auction, Disposition of Funds
The sale shall be a public auction to the highest bidder for cash, but in no event shall any bicycle be sold to any person for less than the cost of advertising and sale. All money received from such sale over and above the cost of advertising and sale shall be retained in a separate fund for at least six months. Upon the expiration of such time, unless sooner claimed as provided in this article, such money shall be paid over into the general fund.
Section 13-2-6 Claimants
Should any person, within six months after the date of the sale of a bicycle, make claim to such bicycle, such sum of money as may be in the hands of the city, less the sales and advertising costs which has been derived from the sale, shall be paid over to such claimant upon proof of his right to receive the same. In no event shall any claim be considered unless it is presented to the city in writing, under oath, and before the expiration of six months from the date of the sale.
Section 13-2-7 Certificates of Sale
On delivery to any purchaser of any bicycle sold under the provisions of this chapter, the city shall execute to such purchaser a certificate of sale of such bicycle, which certificate shall describe the bicycle in the same manner as in the advertisement of sale and shall recite the date of possession of the city and the date of sale. Such certificate shall pass the title to the bicycle to the purchaser.
Article 13-3
Operation of Bicycles, Mopeds and Golf Carts
Sections:
13-3-3 Riding or Operating Golf Carts
13-3-4 Riding Pedal Bicycle with Helper Motors (Mopeds)
Section 13-3-1 General
A. No person shall ride or operate a bicycle, moped or golf cart at excessive speed or otherwise in an unsafe manner reasonably expected to infringe upon the safety of such person or others.
B. No person shall operate a bicycle, moped or golf cart so as to cause damage to the personal or real property of another.
C. Every person riding a bicycle, moped or golf cart upon a street shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle by state law and this chapter, except as to those provisions which by their nature can have no application.
D. A person operating a bicycle, moped or golf cart upon a street at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right hand curb or edge of the street, except under any of the following situations:
1. If overtaking and passing another bicycle, moped, golf cart or vehicle proceeding in the same direction.
2. If preparing for a left turn at an intersection or into a private road or driveway.
3. If reasonably necessary to avoid conditions including fixed or moving objects parked or moving vehicles, bicycles, mopeds, golf carts, pedestrians, animals or surface hazards.
E. No person shall drive a vehicle other than a golf cart upon or across a sidewalk, bicycle lane or pathway except to enter or leave the street and only after giving the right-of-way to all bicycles, mopeds, golf carts and pedestrians lawfully upon the sidewalk, bicycle lane or pathway. The operation of golf carts shall comply with Section 13-3-3.
F. The city is authorized to erect or place signs designating the existence of a pathway and otherwise regulating the operation and use of bicycles, mopeds and golf carts with respect thereto, so long as the same are consistent with this chapter. When such signs are in place, no person shall disobey the same. (Ord. 11-164 § 1)
Section 13-3-2 Riding Bicycles
A. No person shall ride a bicycle on any sidewalk, pathway or public or private property when prohibited by a sign which is clearly visible to those entering upon such sidewalk, pathway or property.
B. Whenever any person is riding a bicycle upon a sidewalk, pathway or public or private property, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
C. Any person riding a bicycle on a sidewalk or pathway that is about to enter or cross a street shall yield the right-of-way to all the traffic on such street. (Ord. 11-164 § 1. Formerly 13-3-3)
Section 13-3-3 Riding or Operating Golf Carts
A. No person shall operate a golf cart on any sidewalk except to cross such sidewalk when entering or leaving a driveway. No person shall operate a golf cart on any pathway or public or private property when prohibited by a sign which is clearly visible to those entering upon such pathway or property.
B. A person operating a golf cart upon a pathway or public or private property shall yield the right-of-way to pedestrians and bicycles and shall give an audible signal before overtaking and passing such pedestrian or bicycle.
C. No person shall operate a golf cart on pathways at a speed of more than twenty-five miles per hour.
D. Any person operating a golf cart on a pathway that is about to enter or cross a street shall yield the right-of-way to all the traffic on such street.
E. All persons riding in or operating a golf cart shall remain seated while the golf cart is in motion.
F. Any person operating a golf cart on a public street or pathway shall have a valid driver’s license.
G. Any person operating a golf cart for hire shall comply with the requirements of Article 13-4, in addition to all provisions of this section. (Ord. 13-186 § 1; Ord. 11-164 § 1)
Section 13-3-4 Riding Pedal Bicycle with Helper Motors (Mopeds)
A. A person may drive a moped on streets, including bicycle lanes.
B. Mopeds shall be prohibited on pathways and sidewalks, except when propelled by human power with helper motor disengaged. (Ord. 11-164 § 1. Formerly 13-3-6)
Article 13-4
Operation of Pedicabs
Sections:
13-4-1 Application of Traffic Regulations
13-4-2 Pedicab Safety Requirements
13-4-3 Driver License and Insurance Requirements
Section 13-4-1 Application of Traffic Regulations
When operating a pedicab, pedicab drivers shall comply with the regulations set forth in A.R.S. Chapter 3, Articles 1 through 15, governing the operation of a motor vehicle on public roads. (Ord. 13-186 § 1)
Section 13-4-2 Pedicab Safety Requirements
Lighting and Reflectors. It is unlawful for any person to operate, or cause to be operated, a pedicab that is not:
A. Using a lamp on the front that emits a white light visible from a distance of at least one hundred feet to the front during daytime.
B. Using a lamp on the front that emits a white light visible from a distance of at least five hundred feet to the front during nighttime.
C. Using a red reflector on the rear of a type approved by the Arizona Department of Transportation that is visible from all distances from fifty feet to three hundred feet to the rear when the reflector is directly in front of lawful upper beams of head lamps on a motor vehicle during nighttime.
D. Using one lamp that emits a red light visible from a distance of five hundred feet to the rear during nighttime.
E. Have a reflective strip affixed to the rear of the pedicab. (Ord. 13-186 § 1)
Section 13-4-3 Driver License and Insurance Requirements
A. Driver License Requirement—Possession—Display—Exception.
1. It is unlawful for any person to knowingly operate a pedicab without having in that person’s possession, and displaying to any law enforcement officer upon demand, a valid driver license issued by the state of Arizona or any other state, except as provided in this section. A driver license that has been cancelled, revoked or suspended is not a valid driver license for purposes of this subsection.
2. If a person is unable to obtain a driver license from the state of Arizona due to a qualifying disability under Title II of the Americans with Disabilities Act, it is unlawful for that person to knowingly operate a pedicab without having in that person’s possession and being able to display to any law enforcement officer of this state upon demand:
a. Proof of having successfully completed the written examination required by the Arizona Department of Transportation Motor Vehicle Division to obtain any class of driver license.
b. A legible and current government-issued photo identification document in that person’s immediate possession at all times when operating a pedicab.
B. Pedicab Insurance.
1. The operator of a pedicab shall maintain at all times an owner’s or operator’s policy of liability insurance in the amount of at least one million dollars per occurrence and two million dollars aggregate.
2. The city shall be named as an additional insured.
3. The insurance company issuing the policy shall be authorized to issue commercial liability policies in this state by the Arizona State Department of Insurance.
4. The policy shall designate by explicit description or by appropriate reference all pedicabs for which coverage is granted.
5. The policy shall insure the person named in the policy as the insured and any other person, as insured, using the pedicab with the express or implied permission of the named insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of the pedicab within the city or the state of Arizona.
6. On demand of any law enforcement officer of this state, an operator shall display proof of insurance coverage as provided in this section. (Ord. 13-186 § 1)
Section 13-4-4 Business License
Pedicab drivers shall obtain a business license in accordance with Article 8-2 of this code. Proof of insurance required by Section 13-4-3 shall be submitted at the time of application. (Ord. 13-186 § 1)
Section 13-4-5 Violations
Any person found in violation of any provision of this article shall be responsible for a civil violation, punishable by a fine as set forth in Article 1-8 of the city code. Each day that a violation continues shall be a separate offense punishable as herein described. (Ord. 13-186 § 1)