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Home My WebLink AboutO-1863 - An Ordinance to Amend the COF Code of Ordinances, Chapter 20, Traffic, Article I - In General, Operation of Mobility DevicesORDINANCE NO. 1863 AN ORDINANCE AMENDING THE CITY OF FAIRHOPE CODE OF ORDINANCES, CHAPTER 20, TRAFFIC, ARTICLE I. IN GENERAL: OPERATION OF MOBILITY DEVICES WHEREAS , in recent years the number of mobility devices , many with electric driven power assistance , has increased dramatically, both because of personal ownership and the number of rentals; and WHEREAS, the City Council of Fairhope finds that the unsafe operation of regulated mobility devices on all public property and private property open to the public for pedestrian and bicycle travel poses a significant risk to the safety and welfare of persons , pedestrians , motorists , and children throughout the City ; and WHEREAS , the purpose of this Ordinance is to implement reasonable regulations on the operation and use of these types of mobility devices pursuant to the Ci ty 's police power to protect the public health , safety, and welfare , to better promote the safe use and operation of regulated mobility devices , to prevent vehicular and pedestrian conflicts and other traffic hazards , to prevent hazards to public safety, and to enhance pedestrian and motorist safety. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION I. The Code of Ordinances , City of Fairhope , Alabama, Chapter 20 : Traffic is hereby amended to reflect the following changes and additions : CHAPTER 20 TRAFFIC . ARTICLE I. IN GENERAL Sec. 20-21. Definitions. In addition to the definitions set forth elsewhere in this Code , for purposes of this Ordinance , the words and phrases defined herein shall be construed in accordance with the following definitions: Bicycle is a vehicle composed of two wheels held in a frame propelled by pedals and steered with handlebars. Electric bicy cle is a bicycle whose propulsion is enhanced by an electric-driven motor and also has the same meaning as in Alabama Code Section 32-SA-267 , as it may be amended from time to time. Electric personal assistive mobility device is an electric-driven self-balanced vehicle , more commonly known as a Segway or Hoverboard. **This ordinance does not apply to wheelchairs or other power-dri ven mobility devices used by individuals with mobility disabilities , as defined by the Americans with Disabilities Act (ADA). Electri cally motorized board is a one or two-wheeled board , more commonly known as an electric skateboard . Motori zed scooter is a two-wheeled electric scooter with an upright handlebar and rectangular platform on which the rider stands . Operate means to ride, operate , and/or otherwise control a regulated mobili ty dev ice other than walking such device . Ordinance No. 1863 Page -2- Regulated mobility device means an electric bicycle, electric personal assistive mobility device , electrically motorized board , motorized scooter, shared mobility device, and any other similar mobility device. Sidewalk means the portion of the public right-of-way between the curb line of any street, road, highway, bicycle lane, or other thoroughfare designed for vehicular travel and the adjacent property line , or any other paved path or walkway, which is intended for pedestrian travel, whether publicly or privately owned and/or maintained. Sec. 20-22. ADA Exemptions. The following provisions shall not apply to wheelchairs or other mobility devices used by individuals with disabilities: • Speed limits • Operating location restrictions • Parking or placement restrictions • Enforcement provisions The City shall accommodate the use of wheelchairs and OPDMDs by individuals with mobility disabilities as required under the ADA and 28 CFR § 35.137. Sec. 20-23. Unlawful operation of regulated mobility devices. It shall be unlawful and a violation of this Ordinance for any person to operate a bicycle or regulated mobility device in an unsafe manner on any street , road , highway, sidewalk, bike path, bike lane , trail, park, or upon any private property which is held open to the public for pedestrian travel. Operating a bicycle or regulated mobility device in an unsafe manner includes any one or more of the following: (a) Violating any provision of the City of Fairhope Municipal Code , Alabama Rules of the Road , or other laws or regulations applicable to the use or operation of any bicycle or regulated mobility device. (b) Operating on any street, road, highway, or bicycle lane against the direction of traffic. (c) Operating upon any public drainage facility, culvert, ditch, or channel. ( d) Operating in a manner other than the manner in which the bicycle or regulated mobility device was designed , including carrying more than one passenger or carrying passengers on the bicycle or regulated mobility device in a manner other than as designed. (e) Operating on any street, road, highway, bicycle path, bicycle lane, trail , or sidewalk with more than two bicycles or regulated mobility devices side-by-side. (f) Operating at a speed greater than the posted speed limit on any street, road, or highway, or any posted speed limit on any bicycle path, bicycle lane , or designated multi-use path. (g) Operating a bicycle or regulated mobility device on a sidewalk that has not been designated by the City of Fairhope for use by both pedestrians and bicycles or regulated mobility devices. Ordinance No. 1863 Page -3- (h) Operating while hitched to or physically attached to any moving vehicle or motorized device. (i) Operating while allowing another person who is not a passenger to either cling to or to be physically attached to the bicycle or regulated mobility device. (j) Operating while lifting one or more wheels into the air. (k) Operating while failing to yie ld the right-of-way to any and all pedestrians or failing to yield the right-of-way to a vehicle upon entering a roadway or driveway from a sidewalk. (1) Passing a pedestrian or other cyclist without first either ringing a bell or audibly warning such pedestrian or cyclist of the intention to pass by calling out "passing on yo ur left" sufficiently in advance of passing. (m) Operating while failing to obey any posted signs regulating operation, including speed limit signs or signs prohibiting or limiting operation in specific areas. (n) A person under the age of 18 operating without a properly fitted and fastened helmet, including a passenger under the age of 18. ( o) Tampering with or modifying a regulated mobility device so as to change the speed capability of the device, or otherwise altering, modifying, or adjusting the motor settings to increase the speed of the device , unless the required label indicating the classification is appropriately replaced. Sec. 20-24 Designated speed limits and posted prohibited operation areas. (a) The City Council of Fairhope may by resolution designate and declare any street, road, highway, sidewalk, trail, or other area generally open to public access , or portions thereof, to be locations where the operation of bicycles or regulated mobility devices are prohibited, or may require such areas to be designated as dismount zones only. (b) The Fairhope Police Department is authorized to post maxi mum speed limits in high traffic areas, or in areas presenting a danger to the public safety of persons , pedestrians, motorists, or children, as it deems reasonable and necessary to safeguard and protect the public. ( c) The Mayor is authorized to cause signs and/or markings to be placed giving notice of such prohibitions as necessary to implement the regulations established by Subsection (a) and (b) above. Sec. 21-25 Penalties. Any person who violates the provisions of this Ordinance shall be guilty of an offense against the City and upon conviction shall be punished as follows: (a) A fine of $250.00 for a first vio lation. (b) A fine of $400.00 for a second violation of this Ordinance within one year from the date of the first violation. (c) A fine of $500.00 for each additional violation of this Ordinance within one year from the date of the first violation. Ordinance No . 1863 Page -4- ( d) If a person under the age of 18 is found in vio lation of any provisions of this Ordinance, and no parent or legal guardian is present, and the unsafe manner in which the bicycles or regulated mobility devices that were operated constitutes an immediate danger to the health and safety of the juvenile operator and/or to members of the public , the police officer may take immediate possession of the bicycles or regulated mobility device and transport the device for safekeeping to the nearest City facility; thereafter, the regulated mobility device shall be released by the City to the legal owner of the device and/or to the parent or legal guardian of the person under the age of 18 , upon payment of a $50.00 impoundment fee. ( e) If a person under the age of 18 is found in violation of any provision of this Chapter, and no parent or legal guardian is present ; the police officer may also contact the parent or legal guardian of the person under the age of 18 to notify them of the violation. SECTION II. SEVERABILITY The sections, paragraphs , sentences , clauses and phrases of this ordinance are severable, and if any phrase , clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections , since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause , sentence , paragraph or section. SECTION III. EFFECTIVE DATE This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 23RD DAY OF APRIL, 2026 ATTEST: ~:1J!~ City Clerk ADOPTED THIS 23RD DAY OF APRIL, 2026