ORD-3535 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE TO AMEND SECTIONS 6-12, 7-1, 7-59, 7-59.1, 7-59.2, 7-59.3, 7-59.4, AND 7-59.6 OF THE CITY CODE PERTAINING TO THE DEFINITION AND REGULATIONS OF ELECTRIC POWERED UTILITY CARTS Section Amended: City Code 6-12, 7-1, 7-59, 7-59.1, 7-59.2, 7-59.3, 7-59.4, and 7-59.6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 6-12, 7-1, 7-59, 7-59.1, 7-59.2, 7-59.3, 7-59.4, and 7-59.6 of the City Code are hereby amended and reordained to read as follows: CHAPTER 6 BEACHES, BOATS AND WATERWAYS Sec. 6-12. - Riding horses or driving vehicles on beach or dunes. (c) The provisions of this section shall not apply in the resort area to conduct that is explicitly authorized by a special events permit issued pursuant to City Code Section 4-1 or by franchise awarded by the city council. (d) The provisions of this section shall not apply to electric powered utility carts, as defined in Chapter 7. CHAPTER 7 BICYCLES AND OTHER WHEELED DEVICES Sec. 7-1. - Definitions. For the purposes of this Chapter, the terms "all-terrain vehicle," "bicycle," "electric personal assistive mobility device," "electric power-assisted bicycle," "golf cart," "highway," "low speed vehicle," "moped," "motor-driven cycle," "motorized scooter," "motorized skateboard," "vehicle," "wheelchair," and "wheel chair conveyance" are defined as set forth in Code of Virginia 46.2-100 and 46.2-1993, as amended. Additionally, the following words shall have the meanings ascribed to them in this section, unless clearly indicated to the contrary:
45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Resort area: The area, from and including, the sidewalk on the west side of Pacific Avenue to the Atlantic Ocean between Rudee Inlet and 42nd Street. Resort season: The time period from May 1st through September 30th. Riding: This term is used interchangeably throughout this Chapter with the term "operation". Surrey: A four-wheeled pedal-powered vehicle capable of seating two (2) or more persons. Electric powered utility cart: A wheeled, externally controlled, battery powered cart, used exclusively for the transportation of personal items or property and not for the conveyance of persons, and that is not classified as an all-terrain vehicle, as defined in Code of Virginia 46.2-100. Sec. 7-59. - Regulations pertaining to riding on city sidewalks and bicycle paths other than the resort area. (a) It shall be unlawful for any person to ride a moped or motor-driven cycle on any sidewalk or designated bicycle route within the City. (b) Except as otherwise provided in this Chapter, riding or operating a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard, or motorized scooter or electric powered utility cart is permitted on the sidewalks and designated bicycle paths of the City. (c) A person riding or operating a bicycle, electric personal assistive mobility device, motorized skateboard, motorized scooter, or electric power-assisted bicycle or electric powered utility cart upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian, shall give an audible signal before overtaking and passing such pedestrian, and shall dismount and walk the bicycle, electric personal assistive mobility device, motorized skateboard, motorized scooter, or electric power-assisted bicycle or electric powered utility cart when necessary to avoid physical contact with any person; and (d) A violation of this Section shall be punishable by a civil penalty of not more than Sec. 7-59.1. - Regulations pertaining to riding wheeled devices or vehicles in the resort area.
90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 (a) During the resort season, it shall be unlawful for any person to ride an electric personal assistive mobility device, electric power-assisted bicycle, moped, motorized skateboard or motorized scooter on Atlantic Avenue. (b) It shall be unlawful at any time for any person to ride on any sidewalk in the resort area an all-terrain vehicle, a bicycle, electric power-assisted bicycle, electric personal assistive mobility device, motorized skateboard, motorized scooter, skateboard, scooter, or any pedal-powered vehicle that is musclepowered or any muscle-powered device. However, the use of roller blades and roller skates is permitted. A violation of this sub-section shall be punished by a civil penalty of not more than (c) It shall be unlawful at any time to operate an electric powered utility cart on Atlantic Avenue or upon the sidewalks along Atlantic Avenue. An electric powered utility cart may be operated on any sidewalk in the resort area other than Atlantic Avenue and may cross Atlantic Avenue for the purpose of accessing the boardwalk or beach. Sec. 7-59.2. - Regulations pertaining to riding on the beach or the boardwalk. (a) It shall be unlawful for any person to ride on the beach, upon sand dunes or on the boardwalk a motor vehicle, an all-terrain vehicle, a bicycle, electric powerassisted bicycle, electric personal assistive mobility device, motor-driven cycle, motorized skateboard, motorized scooter, moped, scooter, skateboard or a pedal-powered vehicle that is muscle-powered or any other muscle-powered device, unless specifically authorized in a special event permit. (b) The use of roller blades and roller skates on the boardwalk is permitted. (c) Reserved. (d) The use of an electric powered utility cart on the beach and boardwalk is permitted. Sec. 7-59.3. - Regulations pertaining to riding wheeled devices or vehicles on the grassy area or bicycle path adjacent to the boardwalk and oceanfront parks and plazas. (a) It shall be unlawful for any person to ride or operate on the bicycle path adjacent to the boardwalk an all-terrain vehicle, electric personal assistive mobility device, electric power-assisted bicycle, motor-driven cycle, motorized skateboard, motorized scooter, moped, electric powered utility car, roller blades, roller skates, scooters or skateboards or a pedal-powered vehicle that is muscle-powered or any other muscle-powered device other than a bicycle as defined in this chapter.
135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 (b) It shall be unlawful to ride an all-terrain vehicle, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motor-driven cycle, motorized skateboard, motorized scooter, moped, electric powered utility cart, roller blades, roller skates, scooters or skateboards or a pedal-powered vehicle that is muscle-powered or any other muscle-powered device on the grassy area adjacent to the boardwalk and the oceanfront parks and plazas. Provided, however, that bicycles are allowed in the oceanfront plazas for the purpose of accessing the bicycle path adjacent to the boardwalk and electric powered utility carts are permitted in the oceanfront parks and plazas for purposes of accessing the boardwalk and beach. (c) Surreys shall be permitted on the bicycle path and the oceanfront plazas subject to the provisions of this chapter. (d) Except as allowed by section 7-9, bicycles operated on the bicycle path shall not contain or convey any signage or other advertising matter unless expressly permitted pursuant to a franchise granted by the city council. (e) For purposes of this section the term "oceanfront parks" refers to the grassy and non-grassy areas of the parks located at 7th, 13th, 17th, 24th, 25th, and 31st Streets. The term "oceanfront plazas" or "plazas" refers to the paved areas connecting Atlantic Avenue to the bicycle path. Sec. 7-59.4. - Regulations pertaining to riding wheeled devices in Town Center. (a) It shall be unlawful for any person to ride or operate on any sidewalk or plaza in the Town Center an all-terrain vehicle, bicycle, electrical personal assistive mobility device, electric power-assisted bicycle, motor-driven cycle, motorized skateboard, motorized scooter, moped, electric powered utility cart, roller blades, roller skates, scooters or skateboards, or a pedal-powered vehicle that is musclepowered or any other muscle-powered device. (b) For purposes of this Section, the term "Town Center" means the area bounded by and including the sidewalk on the south side of Virginia Beach Boulevard, the Norfolk Southern Corporation property line, the sidewalk on the east side of Independence Boulevard, and the sidewalk on the west side of Constitution Drive. (c) A violation of this Section shall be punished by a civil penalty of not more than Sec. 7-59.6. - Regulations pertaining to riding wheeled devices in city owned parking garages.
181 182 183 184 185 186 187 188 189 190 191 192 193 (a) Except as provided in section 7-59.5, it shall be unlawful for any person to ride or operate in any parking garage owned by the city or a political subdivision, an allterrain vehicle, bicycle, electrical personal assistive mobility device, electric power-assisted bicycle, motor-driven cycle, motorized skateboard, motorized scooter, moped, roller blades, roller skates, scooters or skateboards, or a pedalpowered vehicle that is muscle-powered or any other muscle-powered device. (b) A violation of this section shall be punished by a civil penalty of not more than (c) The use of an electric powered utility cart in any parking garage owned by the city or a political subdivision is permitted. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 th day of March, 2018.