Copyright cleveland.com
BAY VILLAGE, Ohio – City Council Monday night approved new legislation for electric bikes, electric scooters, and electric “personal assistive mobility devices.” Personal assistive mobility devices are defined in the legislation as “a self-balancing two non-tandem or single-wheeled device that is designed to transport only one person, has an electric propulsion system of an average of 750 watts, and has a maximum speed of no more than 20 miles per hour.” Examples include electric skateboards, hoverboards, and Segway personal transporters. The unanimously approved legislation aligns city ordinances with the Ohio Revised Code, Council President Dwight Clark said. City Council Environment, Safety and Community Services Committee Chair Sarah Byrnes Maier introduced the legislation and held a committee meeting on Sept. 2 at which city officials said the aim was to address public safety, particularly relating to conflicts between pedestrians and fast-moving e-bikes on sidewalks. Two residents spoke in favor of the e-bike legislation during the public comment portions of Monday night’s meeting. A Bayview Road resident said he and his wife have repeatedly experienced close calls with e-bike riders while walking along sidewalks throughout the city. “Walking along Wolf, walking along Bassett, walking along Lake, these bikes with kids that are very young fly by with no communication,” the resident told council. “Let’s remember when you’re voting on this tonight, they are sidewalks – there for the people who walk around and enjoy the village. You talked about safety. Safety is for the people walking on those sidewalks.” A Bradley Road resident thanked City Council for its work on the e-bike legislation and also urged passage. The police department is already working with Bay Village school officials to educate students about e-bike safety rules. While e-bikes are growing in popularity among all age groups, the majority of complaints involve juveniles. “This e-bike legislation is important for several reasons,” Police Chief Robert Gillespie said. “By passing this codified ordinance, it allows officers to charge violators under a local code, meaning it can be tried locally in Rocky River Municipal Court. The passage also allowed our city legislature to shape the ordinance to best fit our local needs. This includes matching it to our current laws that govern bikes generally, and including a section that requires helmets for e-bike riders under 18. “Most importantly, the creation of these ordinances brought local dialogue and buy-in among the residents, schools, law enforcement, City Council, and City Hall. These ordinances were shaped by many hands and reflect the needs of the public to create a safe balance between walkers, motorists, and those who use this new e-bike technology.” He said the department hopes to educate students and their parents about e-bike safety rather than writing citations for violations. “I think it will be good for everybody,” Gillespie said of the legislation. Highlights of the new e-bike legislation include: Riders under the age of 18 must wear a helmet. When operated on a sidewalk, an e-bike’s motor cannot be engaged. When approaching a pedestrian on a sidewalk, the e-bike should not travel at a speed greater than an ordinary walk. If a sidewalk is crowded with pedestrians, an e-bike rider shall walk their bicycle. Operators must yield to pedestrians and provide an audible signal when approaching pedestrians. When operated on a road, e-bike riders must obey all traffic laws. When operated after sunset, e-bikes must be equipped with a white light in the front and a red reflector and red light at the back. The e-bike legislation differentiates between Class 1, Class 2, and Class 3 e-bikes. Class 1 and Class 2 e-bikes, which are limited to speeds of no more than 20 mph, can ride on the sidewalks only when the motor is not engaged and the rider is pedaling. Class 3 e-bikes, which are capable of speeds of up to 28 mph, can only be operated by riders at least 16 years of age. Class 3 e-bikes are prohibited from sidewalks. Electric scooter legislation requires helmets for riders under 18, that devices not be operated on the sidewalk at speeds greater than a normal walking speed when pedestrians are present and the devices be walked if the sidewalks are crowded, that operators yield to pedestrians and use an audible signal to warn pedestrians upon approach, that all traffic laws are obeyed, and that front and rear lights are used after dark. Electric personal assistive mobility devices can only be operated by people at least 14 years old, and operators must follow similar requirements as scooter operators regarding speeds not greater than pedestrians and walking devices on crowded sidewalks, use of audible signals, following traffic laws, and front and rear lighting requirements after dark. Citations would be a minor misdemeanor on a first offense. A second offense within one year of the first offense could be a fourth-degree misdemeanor. On each subsequent offense within one year of the first offense, the person could be charged with a misdemeanor of the third degree. The law also allows police officers to impound e-bikes or other electric vehicles. An impounded electric scooter, or personal assistive mobility device shall not be released to a minor. Instead, a parent or guardian would be notified and asked to retrieve the device after proving ownership.
