Office of the City Attorney Council Work Session – September 12, 2017 Draft ordinance E-Bikes Boise Office of the City Attorney Council Work Session – September 12, 2017

SIDEWALKS & CROSSWALKS Bicycles and E-Bikes STREETS & BIKE LANES GREENBELT FOOTHILLS SIDEWALKS & CROSSWALKS

Bicycles and E-Bikes Bicycles – OK E-bikes – OK STREETS AND BIKE LANES

Bicycles and E-Bikes Bicycles – OK E-bikes – OK GREENBELT

SIDEWALKS & CROSS WALKS Bicycles and E-Bikes SIDEWALKS & CROSS WALKS Bicycles – OK E-bikes – Not OK

Bicycles and E-Bikes FOOTHILLS Bicycles – OK E-bikes – Not OK, unless authorized FOOTHILLS

Bicycles and E-Bikes Section 10-01-01 and Section 10-14-01 ELECTRIC POWER-ASSISTED BICYCLE (“E-bike”): A vehicle having two tandem wheels or two parallel wheels and one forward wheel, any two of which, are not less than twelve (12) inches in diameter that is designed to be operated by human power with the assistance of an electric motor that has a power output of not more than seven hundred fifty (750) watts that: (i) is incapable of propelling the vehicle at a speed of more than twenty (20) miles per hour; and (ii) disengages or ceases to function when the vehicle's brakes are applied. This is a new term that sets forth definition of the word “E-bike” for purposes of City code. The electric motor is limited to maximum output of 750 watts. The motor alone must be incapable of propelling the vehicle at a speed in excess of 20 mph. This definition is consistent with many laws and codes across the country.

Bicycles and E-Bikes Section 10-14-19 BASIC RULE AND MAXIMUM POSTED SPEED LIMITS A person who uses, operates, or rides a bicycle or an E-bike on any public or private property open to public use, shall obey all posted maximum speed limits. Maximum speed limits may vary depending on location and pedestrian traffic levels. It is the responsibility of the operator of a bicycle or an E-bike to know and obey all applicable maximum speed limits in the area of operation. Notwithstanding any posted maximum speed limit, no person shall use, operate, or ride a bicycle or an E-bike at a speed greater than is reasonable and prudent under the conditions or circumstances then existing and having regard to the actual and potential hazards then existing. The operator of a bicycle or an E-Bike must obey maximum posted speed limits. The operator shall not use or operate an E-bike or a bicycle at a speed that is unreasonable given existing conditions or circumstances.

Bicycles and E-Bikes Section 10-14-08 FOOTHILLS TRAILS No person shall operate, drive, lead, or ride an E-bike on any foothills trail without first obtaining prior authorization from the Director of the Department of Parks and Recreation or his designee.   This is a new section that prohibits E-bikes on paths and trails in the foothills unless authorized by the Director of the Department of Parks and Recreation or his designee.

Bicycles and E-Bikes Section 10-14-098 RIDING ON UPON SIDEWALKS AND WITHIN CROSSWALKS  * * * E. An E-bike shall not be operated upon a sidewalk or upon and within a crosswalk.   This is a new section that prohibits the operation of E-bikes upon the sidewalks and within a crosswalk.

THE FOOTHILLS AND SIDEWALKS & CROSSWALKS Bicycles and E-Bikes WITH THE EXCEPTION OF THE FOOTHILLS AND SIDEWALKS & CROSSWALKS =