HomeMy WebLinkAbout10257ORDINANCE NO. 10257
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE X AND
CHAPTER 1 OF TITLE XV OF THE PUEBLO MUNICIPAL
CODE WITH REGARDS TO ELECTRIC BICYCLES,
ELECTRIC SCOOTERS, AND OTHER ELECTRIC DEVICES
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 10-1-13 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 10-1-13. - Unlawful acts.
(a) In any park or park property within or outside the City, it shall be unlawful for any
person to commit any one (1) or more of the following acts or otherwise violate the
following provisions:
(1) To permit any dog or other animal to run at large. “At large” shall mean not under
control of the owner or person in charge of the animal, whether by leash, bridle,
halter, yoke or other physical means of restraint.
(2) To hitch any horse or other animal to any tree, shrub, fence or other structure,
except such as are provided for such purpose.
(3) To drive or permit any \[velocipede,\] bicycle, tricycle, electrical assisted
bicycle, scooter, electrical assisted scooter, segway, \[wheelbarrow,\]
handcart, or other human powered vehicle \[or any horse or other animal to be
driven\] on \[foot-walks, paths, trails, sidewalks,\] grass plats or planting places \[,
except that horses shall not be excluded from bridle paths and trails specifically
designated for horse riding by appropriate sign\]. A person may drive or permit
any bicycle, tricycle, electrical assisted bicycle, scooter, electrical
assisted scooter, handcart, or other human powered vehicle on sidewalks,
foot-walks, paths, and trails. Horses or other animals may only be ridden
on foot-walks, paths, trails, sidewalks, and bridle paths specifically
designated for horse riding by appropriate sign, but may not be ridden on
grass plats or planting places. Vehicles shall not be driven or permitted
anywhere the City has posted a sign prohibiting the use thereof.
…
SECTION 2.
Section 10-1-16 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 10-1-16. - Motorized vehicles prohibited in certain areas.
(a) As used in this Section, the term motorized vehicle shall mean any self-
propelled device capable of transporting persons or property, including but
not limited to electric and gas vehicles, except that such term shall not
include motorized wheelchairs or mobility assisting devices used by persons
with mobility handicaps.
(b) Except as otherwise provided in Subsection (c) of this Section, it shall be
unlawful for any motorized vehicle to be driven or operated in any City-owned
park or recreation area or upon any area designated or posted as part of the
river trail or bike path system within the City unless the operator has first
obtained a permit for operation from the Director.
(c) This Section shall not apply to the operation of a motor vehicle upon any
designated street or highway which passes through a City-owned park or
recreation area and upon which the operation of motorized vehicles is not
expressly prohibited by posted signs or by the provisions of this Chapter or any
other ordinance of the City.
(d) It is lawful for electrical assisted bicycles, electrical assisted scooters,
segways, or other human powered vehicles to be driven or operated in
any City-owned park or recreation area or upon any area designated or
posted as part of the river trail or bike path system in accordance with
Pueblo Municipal Code Section 10-1-13(a)(3).
(e) It is unlawful for persons operating electrical assisted bicycles, electrical
assisted scooters, segways, or other human powered vehicles to exceed
twenty (20) miles per hour or any posted speed limits in any City-owned
park or recreation area or upon any area designated or posted as part of
the river trail or bike path system.
(f) It shall be unlawful for any Class 3 electrical assisted bicycle, as defined
by the 2020 Model Traffic Code incorporated by Pueblo Municipal Code
Section 15-1-1, to be driven or operated in any City-owned park or
recreation area or upon any area designated or posted as part of river trail
or bike path system within the City unless the operator has first obtained
a permit for operation from the Director. For the avoidance of doubt, a
“Class 3 electrical assisted bicycle” means an electrical assisted bicycle
equipped with a motor that provides assistance only when the rider is
pedaling and that ceases to provide assistance when the bicycle reaches
a speed of twenty-eight (28) miles per hour.
SECTION 3.
Section 15-1-10 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 15-1-10. - Motorized vehicles in certain areas.
(a) As used in this Section, the term motorized vehicle shall mean any self-
propelled device capable of transporting persons or property, including but
not limited to electric and gas vehicles, except that such term shall not
include motorized wheelchairs or mobility assisting devices used by persons
with mobility handicaps.
(b) Except as otherwise provided in Subsection (c) of this Section, it shall be
unlawful for any motorized vehicle to be driven or operated in any City-owned
park or recreation area or upon any area designated or posted as part of river
trail or bike path system within the City unless the operator has first obtained a
permit for operation from the Director.
(c) This Section shall not apply to the operation of a motor vehicle upon any
designated street or highway which passes through a City-owned park or
recreation area and upon which the operation of motorized vehicles is not
expressly prohibited by posted signs or by the provisions of this or any other
ordinance of the City.
(d) It is lawful for electrical assisted bicycles, electrical assisted scooters,
segways, or other human powered vehicles to be driven or operated in
any City-owned park or recreation area or upon any area designated or
posted as part of the river trail or bike path system in accordance with
Pueblo Municipal Code Section 10-1-13(a)(3).
(e) It is unlawful for persons operating electrical assisted bicycles, electrical
assisted scooters, segways, or other human powered vehicles to exceed
twenty (20) miles per hour or any posted speed limits in any City-owned
park or recreation area or upon any area designated or posted as part of
the river trail or bike path system.
(f) It shall be unlawful for any Class 3 electrical assisted bicycle, as defined
by the 2020 Model Traffic Code incorporated by Pueblo Municipal Code
Section 15-1-1, to be driven or operated in any City-owned park or
recreation area or upon any area designated or posted as part of river trail
or bike path system within the City unless the operator has first obtained
a permit for operation from the Director. For the avoidance of doubt, a
“Class 3 electrical assisted bicycle” means an electrical assisted bicycle
equipped with a motor that provides assistance only when the rider is
pedaling and that ceases to provide assistance when the bicycle reaches
a speed of twenty-eight (28) miles per hour.
SECTION 4.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance and to implement the policies and procedures described
therein.
SECTION 5.
This Ordinance shall become effective thirty (30) days after final action by the
Mayor and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on August 8, 2022 .
Final adoption of Ordinance by City Council on August 22, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on August 24, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
President of City Council
Action by the Mayor:
□ Approved on .
□ Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on ____________________ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-6
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: August 8, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN ORDINANCE AMENDING CHAPTER 1 OF TITLE X AND CHAPTER 1
OF TITLE XV OF THE PUEBLO MUNICIPAL CODE WITH REGARDS TO
ELECTRIC BICYCLES, ELECTRIC SCOOTERS, AND OTHER ELECTRIC
DEVICES
SUMMARY:
Attached for consideration is a Text Amendment that will amend Chapter 1 of Title X and
Chapter 1 of Title XV of the Pueblo Municipal Code. These amendments relate to the
operation and speed of electric bicycles (“e-bikes”) and electric scooters (“e-scooters”).
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
Currently, Title X of the Pueblo Municipal Code does not allow for e-bikes, e-scooters,
and other electric devices to be operated on paths and trails that are established for
bicycle and pedestrian uses. With the increase in the popularity of these types of
electrically assisted transportation devices, an Ordinance is being proposed that
addresses the types of electric devices that would be allowed on paths and trails, set a
maximum speed limit of 20 miles per hour for their use and designate the locations on the
paths and trails where the electric devices are allowed. This proposed Ordinance would
change Chapter 1 of Title X and Chapter 1 of Title XV of the Pueblo Municipal Code to
permit Class 1 and Class 2 e-bikes, e-scooters, and other electric devices to be operated
on bike and pedestrian trails and paths. The operation of Class 3 e-bikes would be
prohibited and unlawful because of the high speed of 28 mph or more at which they can
operate. City Staff has researched municipal codes for the City of Fort Collins, City of
Durango and City of Grand Junction and determined that these cities have amended their
code to allow these modes of transportation.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If the code is not amended in accordance with this Ordinance, City paths and trails will
remain closed to electric bikes and scooters.
RECOMMENDATION:
Staff recommends approval of this Ordinance.
Attachments:
Proposed Ordinance