HomeMy WebLinkAbout2018-05 Amending Chapter 4, Title 7 regarding Electronic Personal Assistive Mobility Devices and Electric Assisted BicyclesORDINANCE NO. 5
SERIES 2018
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 7 OF THE VAIL
TOWN CODE REGARDING ELECTRONIC PERSONAL ASSISTIVE
MOBILITY DEVICES AND ELECTRIC ASSISTED BICYCLES
WHEREAS, by Ordinance No. 2011-13, the Town Council adopted regulations
regarding the operation of Electronic Personal Assistive Mobility Devices ("EPAMDs") in
the Town;
WHEREAS, the Town Council desires to amend the Town Code to prohibit the
rental of EPAMDs without a permit issued by the Town;
WHEREAS, the Colorado General Assembly recently passed House Bill 17-
1151, which refines the definition of an Electric Assisted Bicycle and affords such mode
of transportation a presumption of allowance on bike and pedestrian paths in the state
unless a municipality provides otherwise; and
WHEREAS, the Town Council wishes to implement House Bill 17-1551.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The definition of "Electric Assisted Bicycle" contained in Section 7-
4-1 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as
follows:
ELECTRIC ASSISTED BICYCLE: A vehicle having three wheels or less,
fully operable pedals, and an electric motor not exceeding seven hundred
fifty (750) watts of power rating, and conforming to one of three classes as
follows:
A. "Class 1 electric 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 (20) miles per hour.
B. "Class 2 electric assisted bicycle" means an electrical
assisted bicycle equipped with a motor that provides assistance
regardless of whether the rider is pedaling but ceases to provide
assistance when the bicycle reaches a speed of twenty (20) miles per
hour.
C. "Class 3 electric 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.
Ordinance No. 5, Series of 2018
Section 2. Section 7-4-4 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
Sec. 7-4-4. EPAMDS:
A. General Prohibition: It is unlawful for the owner of an EPAMD to
rent the EPAMD to any person in the Town unless the owner of the
EPAMD has obtained a permit from the Town in compliance with this
Section.
B. Permit: The Town will issue one permit to a commercial enterprise
owning EPAMDs and offering to the general public guided EPAMD tours
to groups of ten (10) persons or Tess. As a condition of the permit, the
permittee shall: maintain the EPAMDs in safe working condition; require
that all EPAMD tour guides are certified EPAMD operators; ensure that
the EPAMDs operated by tour guides are equipped with operational
audible warning devices at all times; and ensure that the EPAMDs are
operated in compliance with all applicable law.
C. Prohibited Areas: EPAMDs are prohibited in or on the following:
1. Vail Nature Center;
2. Betty Ford Alpine Garden;
3. Village Streamwalk;
4. Children's playgrounds;
5. Turf areas or soft -surface trails;
6. Natural/unimproved areas; and
7. Streets and highways that are parts
system.
D. Minimum Age: An EPAMD shall only be
twelve (12) years of age or older.
Section 3. Subsections B. and C. of Section 7-4-5 of the Vail Town Code are
hereby amended as follows:
7-4-5: ELECTRIC ASSISTED BICYCLES:
of the state highway
operated by persons
B. Bicycle and Pedestrian Paths: Notwithstanding any other provision
of this Chapter to the contrary, a person may operate a Class 1 or Class 2
electric assisted bicycle, with the motor activated, on any bicycle and
Ordinance No. 5, Series of 2018
pedestrian path in the Town, other than a bicycle and pedestrian path in
any of the prohibited areas set forth below. Class 3 electric assisted
bicycles are prohibited on all bicycle and pedestrian paths.
C. Prohibited Areas: It is unlawful for a person to operate an electric
assisted bicycle with the motor activated in or on the following:
1. Vail Nature Center;
2. Betty Ford Alpine Garden;
3. Village Streamwalk;
4. Children's playgrounds;
5. Turf areas or soft -surface trails;
6. Natural/unimproved areas; or
7. Sidewalks that are not part of a designated bicycle and
pedestrian path.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect 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 5. The amendment of any provision of the Vail Town Code 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 ordinance
previously repealed or superseded unless expressly stated herein.
Section 6. 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.
Ordinance No. 5, Series of 2018
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of February, 2018 and
a public hearing for second reading of this Ordinance is set for the 6th • ay of March,
2018, in the Council Chambers of the Vail Mu ' ' al B ' din'I V. i,, C• r. o.
ave Chapin, May
READ AND VED ON SECOND READING D ORDERE PUBLISHED
this 6th day of March, 2018.
Ordinance No. 5, Series of 2018
ve Cha •'n, May