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HomeMy WebLinkAbout2009-15 an Ordinance Defining Electronic Personal Assistive Mobility Device (EPAMD), Establishing Regulations Regarding the Operation of such Devises in the Town of Vail ORDINANCE NO. 15 SERIES OF 2009 AN ORDINANCE DEFINING ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICE ( "EPAMD "); ESTABLISHING REGULATIONS REGARDING THE OPERATION OF SUCH DEVICES IN THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter "); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the Town promotes alternative transportation modes that are environmentally friendly and that reduce society's dependence on fossil fuels; and WHEREAS, by the provisions of this Ordinance, the Town desires to: (a) define Electric Personal Assisted Mobility Device; Declare such vehicles as exempt from motor vehicle traffic laws except as provided in the Ordinance; implement regulations for the operation of EPAMDs in the Town of Vail; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. DEFINITIONS Electronic Personal Assistive Mobility Device ( "EPAMD ") means a self - balancing, nontandem two - wheeled device, designed to transport only one person, which is powered solely by an electronic propulsion system producing an average power output of no more than seven hundred fifty watts. Section 2. OPERATION OF EPAMDs AUTHORIZED Except as provided by this Ordinance, the operation of EPAMDs in the Town shall be exempt from the Model Traffic Code, as adopted by the Town of Vail, and such other Town ordinances that regulate motorized vehicles in Town. Section 3. EPAMD OPERATION, PARKING AND EQUIPMENT REGULATIONS For the purposes of operation, parking, and equipment and subject to the additional regulations set forth in this Ordinance, EPAMDs shall be considered bicycles and shall be subject to the provisions and regulations concerning bicycles contained in the Model Traffic Code, as adopted by the Town of Vail. Section 4. RESTRICTIONS ON THE OPERATION OF EPAMDs Ordinance No. 15, Series of 2009 A. It shall be unlawful for any person to operate EPAMDs in the following public areas: (1) Vail Nature Center (2) Betty Ford Alpine Garden (3) Village Streamwalk (currently pedestrian only) (4) All children's playgrounds (5) All turf areas (6) All natural /unimproved areas B. The rider of an EPAMD shall have all the same rights and duties as an operator of any other vehicle pursuant to C.R.S. Article 4, Title 42, except as to those provisions that by their nature have no application and have not otherwise been lawfully amended by this Ordinance. Section 5. FURTHER RESTRICITONS ON EMPADs It shall be unlawful to operate EPAMD's on streets and highways that are parts of the state highway system. Section 6. MINIMUM AGE FOR OPERATION OF EPAMDs Operation of EPAMDs shall be limited to persons sixteen (16) years of age or older. Section 7. VIOLATIONS Violations of this Ordinance shall be punishable in accordance with the Section 1 -4 -1 of this Code. Section 8. EXCEPTIONS The provisions of this section limiting the use of EPAMDs do not apply to an EPAMD when that devise is operated by a person with a mobility impairment caused by physical disability who uses the device to enhance that person's mobility. Section 9. SUNSET PROVISION AND ORDINANCE EXPIRATION This Ordinance, and the rights granted by this Ordinance, shall expire on September 30, 2009. Section 10. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 11. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 15, Series of 2009 Section 12. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2 nd day of June, 2009, and a public hearing for second reading of this Ordinance set for the 16 day of June, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colora o Dick Cleveland, Mayor gor onaldson, own Jerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 16 day of June tN •. L 'i • '•�, Dick Clevelan Mayor ATTEST: ADo L rel i Don Ids n, Town Clerk SEAL . I ©RAC Ordinance No. 15, Series of 2009