Chapter XIV · Traffic
ARTICLE 12. MICROMOBILITY DEVICES AND ELECTRIC ASSISTED BICYCLES
14-1201 Definitions.
For the purpose of this article:
(a)Electric-assisted bicycle — means an electric-assisted bicycle as defined by K.S.A. 8-1489, and amendments thereto.
(b)Micromobility device is defined as a small, lightweight, low-speed device designed for personal transportation of a single person over a short distance that is propelled by combustion motors, electric motors, or any combination of these. Common examples of micromobility devices include, but are not limited to, minibikes, hoverboards, and motorized scooters. Micromobility device is not defined to include bicycles, electric-assisted bicycles, skateboards, assistive devices specifically designed to aid people with disabilities, or any device that is capable of a maximum speed of no more than six (6) miles per hour on a flat surface or that has a manufacturer’s rated maximum rider weight of one hundred twenty (120) pounds or less.
(c)Minibike — means a two-wheeled, motorized vehicle that is smaller in size than a standard motorcycle and is not manufactured or intended for operation on public roadways. A minibike typically has an electric or combustion motor of less than 125 cubic centimeters, a seat height of less than 26 inches, and wheels less than 14 inches in diameter. Minibikes are also commonly known as pocket bikes and mini motorcycles.
(d)Motorized scooter — means a scooter that is powered by a motor having a maximum piston displacement of less than 25 cubic centimeters or an electric driven motor and is capable of a maximum speed of no more than 25 miles per hour on a flat surface.
(Ord. 687, Sec. 2; Code 2012; Ord. 1053)
14-1202 Prohibition.
(a)It is unlawful for any person to use, operate, attempt to operate, or ride any micromobility device upon city-owned parking lot, park, or open space, within the corporate limits of the City of Goddard, Kansas, or on the sidewalks in the Central Business District between 100 South Main Street and 500 North Main Street.
(b)It is unlawful for any person to use, operate, attempt to operate, or ride any micromobility device upon any public highway, street, road, or alley with a posted speed limit in excess of 30 miles per hour.
(c)It is unlawful for any person twelve (12) years of age or younger to operate, attempt to operate, or ride any micromobility device upon public property, including public rights-of-way, streets, sidewalks, open spaces, and parking lots within the corporate limits of the City of Goddard, Kansas as otherwise permitted by this section, unless directly accompanied or supervised by a parent or legal guardian.
(d)It is unlawful for any person seventeen (17) years of age or younger to operate, attempt to operate, or ride any micromobility device without a helmet.
(e)It is unlawful to park a micromobility device in a manner that blocks access to business entrances, blocks access to driveways, or violates the Americans with Disabilities Act.
(f)No parent or legal guardian of a person under eighteen (18) years of age shall authorize or knowingly permit such person to violate any provision of this article.
(Ord. 687, Sec. 1; Code 2012; Ord. 1053)
14-1203 Enforcement.
All Police Officers of the City of Goddard, Kansas shall be responsible for enforcement of this article.
(Ord. 687, Sec. 3; Code 2012; Ord. 1053)
14-1204 Impoundment.
Any micromobility device or electric-assisted bicycle used, operated, attempted to be operated, ridden upon, or parked as prohibited in Sections 14-1202 or 14-1207 is subject to immediate impoundment by a Police Officer of the City of Goddard, Kansas. Written notice of the impoundment shall be provided to the person from whom the device is taken, where that person is under 18 years of age or is not the owner, to the owner and to the parent or legal guardian, in the form and manner prescribed by the Chief of Police. The Chief of Police shall adopt written procedures governing the notice, storage, safekeeping, release, review and disposal of impounded micromobility devices. Such procedures shall provide an opportunity for the owner, or the parent or legal guardian of an owner under 18 years of age, to dispute the impoundment and the impoundment fee before a person other than the impounding officer.
(Ord. 687, Sec. 4; Code 2012; Ord. 1053)
14-1205 Release.
(a)In the case of a violation of this article by a person who is 18 years of age or older, the impounded micromobility device or electric-assisted bicycle shall be released by the City of Goddard, Kansas only during a scheduled appointment with a member of the Goddard Police Department, at which the violator shall appear in person, provide proper identification, and pay a $100 impoundment fee.
(b)In the case of a violation of this article by a person who is under 18 years of age, the impounded micromobility device electric-assisted bicycle shall be released by the City of Goddard, Kansas only during a scheduled appointment with a member of the Goddard Police Department. The violator shall appear in person accompanied by a parent or legal guardian, and the $100 impoundment fee shall be paid at the appointment.
(c)The Chief of Police shall adopt written procedures governing the notice, storage, release, review, and disposal of impounded micromobility devices and electric-assisted bicycles, which shall provide written notice of the impoundment to the owner and an opportunity to dispute the impoundment and the fee.
(d)Notwithstanding subsections (a) and (b), a micromobility device or electric-assisted bicycle shall be released without payment of the fee to an owner who is not the violator, or where the impoundment is determined upon review to have been improper or the citation is dismissed or results in a finding of not guilty.
(e)A micromobility device or electric-assisted bicycle not claimed within thirty (30) days after notice of impoundment is deemed abandoned and may be sold, donated, retained for City use or destroyed as the Chief of Police shall direct, free of any claim of the former owner.
(Ord. 687, Sec. 5; Code 2012; Ord. 1053)
14-1206 Operation.
(a)Every person operating a micromobility device upon any street, alley, sidewalk or other public property within the City shall be subject to all of the duties applicable to the rider of a bicycle under the Standard Traffic Ordinance incorporated by Section 14-101, except those provisions which by their nature can have no application.
(b)A person operating a micromobility device upon a sidewalk shall yield the right-of-way to any pedestrian, shall give an audible signal before overtaking and passing a pedestrian, and shall operate at a speed no greater than is reasonable and prudent under the conditions then existing.
(c)Nothing in this section confers upon a micromobility device or its operator the rights or privileges of a bicycle or the rider of a bicycle, except as provided by state law.
(d)Nothing in this article authorizes the operation upon any street or highway of a micromobility device that is a motor vehicle or motorized bicycle under Kansas law, or relieves the owner or operator of such a device of any applicable registration, titling, licensing, insurance or equipment requirement.
(e)No person shall operate a micromobility device upon public property if the motor, battery, speed controller or other component of the device has been altered or modified from the manufacturer’s specifications in a manner that increases its maximum speed or power output, or if the manufacturer’s label or marking stating the device’s maximum speed, motor wattage, or rated maximum rider weight has been removed, defaced, or concealed.
(Ord. 1053)
14-1207 Electric-Assisted Bicycles.
(a)Pursuant to K.S.A. 8-1592b, and in addition to the rights and duties provided by that section, no person shall operate an electric-assisted bicycle upon any public highway, street, road or alley within the City with a posted speed limit in excess of forty-five (45) miles per hour.
(b)No person seventeen (17) years of age or younger shall operate an electric-assisted bicycle upon public property without a helmet.
(c)Subsections (b) and (e) of Section 14-1206 shall apply to the operation of an electric-assisted bicycle.
(Ord. 1053)
14-1208 Penalty.
A violation of this article is a traffic offense and shall be punished as provided by the Standard Traffic Ordinance incorporated by Section 14-101 for traffic offenses for which no other penalty is provided.
(Ord. 1053)