ANCHORAGE, ALASKA AO No , As Amended

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1 Municipal Clerk's Office Amended and Approved Date: 06/1/016 Submitted by: Vice-Chair Traini Prepared by: Dept. of Law For reading: June, 016 ANCHORAGE, ALASKA AO No , As Amended 1 AN ORDINANCE AMENDING TITLES 9 AND OF THE ANCHORAGE MUNICIPAL CODE TO DEFINE HIGH-SPEED ELECTRIC BICYCLES AND TO 3 ADDRESS THE REGULATION OF HIGH- AND LOW-SPEED ELECTRIC 4 BICYCLES. 6 WHEREAS, the Anchorage Assembly in 011 adopted a comprehensive revision to 8 Title 9 of the Anchorage Municipal Code, Traffic and Vehicles; 9 WHEREAS, Title 9 of the Code contains provisions applicable to "motor vehicles" and 11 separate provisions applicable to "bicycles"; 1 13 WHEREAS, AMC section OB. defines "motor vehicle" for the purpose of Title 9 as "every vehicle which is self-propelled and every vehicle which is propelled 1 by electric power obtained from overhead trolley wires, but not operated upon rails", 16 and "vehicle" as "every device in, upon or by which any person or property is or may 1 be transported or drawn upon a street, except devices moved by human power or 18 used exclusively upon stationary rails or tracks"; 0 WHEREAS, electric bicycles are typically moved by a combination of"human power" 1 and an electric motor that can cause the electric bicycle to "self-propel"; 3 WHEREAS, AMC section OB. further defines the term "bicycle" to include 4 "low-speed electric bicycles"; 6 WHEREAS, Title of the Anchorage Municipal Code, Public Lands, includes a separate definition of "motor vehicles"; 9 WHEREAS, the use of low- or high-speed electric bicycles is not addressed in 30 Title of the Alaska Statutes, Motor Vehicles, or regulations adopted thereunder, 31 and this ordinance is necessary to meet specific local requirements and allow the use 3 of low-speed electric bicycles on sidewalks, trails or pathways; WHEREAS, this ordinance will not have significant economic effects; now, therefore, THE ANCHORAGE ASS EMBLY ORDAINS: 3 38 Section 1. Anchorage Municipal Code subsection OB. is hereby amended 3 9 to read as follows (the remainder of the section is not affected and therefore not set 4 o out): * * * Definitions. *** * * *

AO 016-6 regarding electric bicycles Page of 1 3 4 6 8 9 11 1 13 1 16 1 18 0 1 3 4 6 9 30 31 3 33 34 3 36 3 38 39 40 41 4 44 4 46 4 48 49 0 1 B.

2 AO regarding electric bicycles Page of B. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. (CAC O; AO No. 8-; AO No. 0-4, 1, 6-1-) Bicycle means a low-speed electric bicycle and any device propelled solely by human power upon which any person may ride, having at least two tandem wheels either of which is more than inches in diameter. (CAC ; AO No. 8-; AO No (S), 1, , eff.1--11) High-speed electric bicycle means any bicycle or tricycle with fully operable pedals, an electric motor of more than 0 watts (1 h.p.), and a maximum speed on a paved level surface. when powered solely by such a motor and when carrying one person weighing pounds, of more than 0 miles per hour. For purposes of this title, high-speed electric bicycles are motor-driven cycles. Low-speed electric bicycle means any bicycle or tricycle with fully operable pedals, an electric motor of no more [LESS] than 0 watts (1 h.p.), and a maximum speed on a paved level surface, when powered solely by such a motor and when carrying one person weighing pounds, of no more [LESS] than 0 miles per hour. For purposes of this title, low-speed electric bicycles are not motor vehicles or motordriven cycles. (AO No (S), 1, 1--11) Motor-driven cycle means any motorcycle, motor scooter, moped or bicycle with a 0cc or smaller engine displacement motor attached or producing less than five brake horsepower, or any high-speed electric bicycle. (CAC ; AO No. 8-; AO No. 89-; AO No (S), 1, 1--11) Motor vehicle means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. For purposes of this title, lowspeed electric bicycles are not motor vehicles. (CAC ; AO No. 8-) Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon or immediately over a street or vehicular way or area, except devices moved solely by any one or combination of human muscular power, wind or gravity, or used exclusively upon stationary rails or tracks. (CAC ; AO No. 8- )

3 AO regarding electric bicycles Page 3 of 1 3 Section. Anchorage Municipal Code section is hereby amended to read 4 as follows: Driving on sidewalk, recreational trail or pathway[bikepath]. 8 A. No person shall operate a motor vehicle upon any sidewalk, 9 recreational trail or pathway[bikepath], except to cross upon a 1 o permanent or properly authorized or temporary driveway B. Electric personal motor vehicles, as defined in AS , are 13 permitted to operate on sidewalks, recreational trails and pathway[bikepath]s [C. No person shall operate a low speed electric bicycle on any unpaved 1 side 1.1alk, unpaved recreational trail or unpaved bikepath, except to 18 cross upon a permanent or properly authorized or temporary driveway.] 0 (CAC ; AO No. 8-; AO No. 86-; AO No. 89-; AO No (S), 93, , eff ) 3 Section 3. Anchorage Municipal Code section is hereby amended to read 4 as follows (the remainder of the section is not affected and therefore not set out): Applicability of traffic laws to riders. A. B. C. Every person operating a bicycle shall be granted all of the rights and shall be subject to all of the duties applicable to a person operating a vehicle by this title, except as to special regulations in this chapter, and except as to those provisions of this title which by their nature have no application. A person shall not operate a bicycle so as to suddenly leave a curb or other place of safety and move into the path of any other vehicle so close as to constitute an immediate hazard. A person operating a bicycle or a device moved solely by any combination of human muscular power, wind or gravity, [VEHICLE BY HUMAN POWER] upon and along a sidewalk, trail or pathway shall have all the rights and duties applicable to a pedestrian under the same circumstances as follows:[.] 1. The [A] person [OPERATING A VEHICLE BY HUMAN POWER UPON AND ALONG A SIDEWALK, TRAIL OR PATHWAY] shall not operate the bicycle or device [VEHICLE] at a speed greater than ten miles per hour when approaching or entering an uncontrolled crosswalk, approaching or crossing a driveway, or crossing a curb cut or pedestrian ramp where a motor vehicle is approaching the uncontrolled crosswalk, driveway, curb cut or pedestrian ramp.

4 AO regarding electric bicycles Page 4 of. 3. The [A] person [OPERATING A VEHICLE BY HUMAN POWER UPON AND ALONG A SIDEWALK, TRAIL OR PATHWAY], when entering a controlled intersection, shall obey the traffic control device applicable to pedestrians and enter the intersection at a reasonable and prudent speed. The [A] person [OPERATING A VEHICLE BY HUMAN POWER UPON AND ALONG A SIDEWALK, TRAIL OR PATHWAY] shall operate the bicycle or device [VEHICLE] at a reasonable and prudent speed when in the presence of pedestrians on the same sidewalk, trail or pathway, consistent with section (CAC ; AO No. 8-; AO No. 00-,, 11--0; AO No (S),, , eff ) 1 Section 4. Anchorage Municipal Code section is amended to read as 16 follows: Riding on sidewalk; giving audible warning A. B. c. No person shall ride a bicycle upon a sidewalk within the central business traffic district. The municipal traffic engineer is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person, and when such signs are in place no person may disobey such signs. Signs shall be based upon the public health, safety and welfare. Whenever any person is riding a bicycle upon a sidewalk, trail or pathway, such person shall yield the right-of-way to any pedestrian and shall give an audible signal by voice or by audible warning device before overtaking and passing such pedestrian. 33 [D. No person shall operate a lm.v speed electric bicycle on any unpaved 34 side 1.valk, unpaved recreational trail or unpaved bikepath, except to 3 cross upon a permanent or properly authorized or temporary drive 1 Nay.] 36 3 (CAC ; AO No. 8-; AO No. 00-, 6, 11--0; AO No (S), 11, , eff ) Section. Anchorage Municipal Code section..0 is hereby amended to 41 read as follows (the remainder of the section is not affected and therefore not set 4 out): Definitions The following words, terms and phrases, when used in this title, shall have the 4 meanings ascribed to them in this section, except where the context clearly 4 8 indicates a different meaning: Motor vehicle means any vehicle propelled by a force other than electric

5 AO regarding electric bicycles Page of 1 current, human muscular power, gravity or wind, including, without limitation, automobiles, jet skis, hydroplanes, boats, all-terrain vehicles, three-wheelers, 3 motorcycles, high-speed electric bicycles, snowmachines and model cars and 4 boats, and airplanes. For purposes of this title, low-speed electric bicycles are not motor vehicles, and the definitions of high- and low-speed electric bicycles 6 are as provided in section (AO No. 9-; AO No. 86-) 11 Section 6. This ordinance shall be effective immediately upon passage and approval 1 by the Assembly PASSED AND APPROVED by the Anchorage Assembly this 1st day of June, ATTEST: 3 4 6

6 MUNICIPALITY OF ANCHORAGE Assembly Memorandum No. AM Meeting Date: June From: ASS EM BL y VICE-CHAIR TRAINI 3 Subject: AN ORDINANCE AMENDING TITLES 9 AND OF THE 4 ANCHORAGE MUNICIPAL CODE TO DEFINE HIGH-SPEED ELECTRIC BICYCLES AND TO ADDRESS THE REGULATION OF 6 HIGH- AND LOW-SPEED ELECTRIC BICYCLES. 8 Recent questions have exposed confusion about the legal status of electric 9 bicycles under Title 9 of the Anchorage Municipal Code. 11 This ordinance would clarify that /ow-speed electric bicycles are not motor 1 vehicles, and are regulated as bicycles under the title and allowed to use bikepaths, 13 except that they may not be operated on unpaved trails, sidewalks or bikepaths. 1 The ordinance defines high-speed electric bicycles as both motor vehicles 16 and as a form of motor-driven cycle, to be regulated in the same manner as a 1 bicycle equipped with a small gas-powered motor I RECOMMEND APPROVAL. 1 Prepared by: 3 Respectfully submitted: 4 Department of Law Dick Traini, Assembly Vice-Chair District 4 - Midtown

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