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HomeMy WebLinkAboutA026 - Second reading of ordinance modifying Municipal Code Chapters 4 & 19 to address Personal Transportation DevicesTo:Mayor & City Council From:Pa Goldbeck, Assistant City Manager Date:January 13, 2026 Subject:Modifications to Municipal Code 4 & 19 - Personal Transportation Devices Item No. 28 MEMO The ordinance regarding Modifications to Municipal Code Chapters 4 & 19 to address Personal Transportation Devices is attached for the City Council's review and consideration for second reading. ATTACHMENT(S): DRAFT_Ordinance_Amending_Chapters_4_and_19.pdf Chapter 4 Bikes Concerns.pdf Planning and Housing 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 1 ORDINANCE NO. _________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING CHAPTERS 4 AND 19 THEREOF, FOR THE PURPOSE OF ESTABLISHING USE OF BICYCLES AND PERSONAL TRANSPORTATION DEVICES; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Chapters 4 and 19 as follows: “CHAPTER 4 BICYCLES AND PERSONAL TRANSPORTATION DEVICES * * * Sec. 4.5 DEFINITIONS (1) Bicycle. Bicycle means either: (a) a device having up to four (4) wheels and having at least one saddle or seat for the use of a rider which is propelled by human power, or (b) a device having up to four (4) wheels with fully operable pedals and the assistance of an electric motor of less than 750 watts. (2) Personal Transportation Device. Personal Transportation Device means a mobility device which may be equipped with an electric motor for assistance or sole propulsion, designed for conveying the operator, with speeds of less than 20 miles per hour, but excluding a bicycle or low-speed electric bicycle. Sec. 4.6. APPLICABILITY OF TRAFFIC LAWS. Every person riding a bicycle, tricycle or unicycle upon a roadway is granted all rights and is subject to all the duties applicable to the driver of a vehicle by the laws of this state declaring rules of the road applicable to vehicles or by the traffic ordinances of this city applicable to the driver of a vehicle, except as to special regulations in this chapter and except as to those provisions of laws and ordinances which by their nature can have no application. Every person riding or operating a bicycle, tricycle, unicycle, skateboard, longboard, inline or quad skates, or other personal transportation device upon a roadway is granted all rights and subject to all duties applicable to the driver of a vehicle, except as otherwise provided by this chapter or where the nature of the device renders specific provisions inapplicable. 2 Sec. 4.7. NUMBER OF PASSENGERS. No bicycle, tricycle, or unicycle or personal transportation device shall be used to carry more than one person unless equipped with a seat for each person carried. Sec. 4.8. RIDING ON ROADWAYS, SIDEWALKS, BICYCLE PATHS. (1) Every person operating a bicycle, tricycle, or unicycle or personal transportation devices upon a roadway shall ride as near to the right-hand side of the roadway as practicable and safe, exercising due care when passing a standing vehicle or one proceeding in the same direction. (2) Persons riding bicycles, tricycles, or unicycles or personal transportation devices upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Single file when traffic is heavy. (3) Persons riding bicycles, tricycles, or unicycles or personal transportation device upon a bicycle path not affixed to a roadway shall yield the right-of-way to all vehicular traffic traveling on the public roadways which intersect with the bicycle path. Persons riding bicycles or personal transportation devices upon a bicycle path which is a designated lane or part of a roadway shall obey the instructions of official traffic-control signals, signs, and other control devices applicable to vehicles. (4) No person shall operate any motor vehicle, including a motorcycle, motor scooter, 'mo-ped' or motorized bicycle, when under power, upon any sidewalk or bike path separated from the roadway, except that golf carts may be operated on the following described portions of bike paths: (a) The bike path along South Sixteenth Street commencing at the South Riverside Drive intersection and going north to University Boulevard, across University Boulevard Elwood Drive and continuing north along the east side of Jack Trice Stadium to South Fourth Street, across South Fourth Street, and then north to Center Drive; (b) The bike path along Beach Avenue from South Fourth Street north to Lincoln Way, across Lincoln Way then north along Wallace Road to its intersection with Union Drive, then south on Union Drive to Welch Avenue, then along Welch Avenue to Lincoln Way; (c) The bike path along Center Drive from University Boulevard Elwood Drive to Beach Avenue; and (d) The bike path along University Boulevard Elwood Drive from Center Drive to South Fourth Street. This exception to Sec. 4.8(4) shall be in effect from July 23, 1999 through July 29, 1999. (e) Exception in cases of parades or special events authorized by the City. See also Section 19.14. Sec. 4.9. SPEED, OPERATION TO BE REASONABLE AND PRUDENT. No person shall operate a bicycle, tricycle or unicycle at a speed greater than, or in a manner other than is reasonable and prudent under the conditions then existing. If a bicycle, tricycle, unicycle, or personal transportation device is being used on 3 the roadway, it must adhere to the speed of the roadway and be operated in a manner that is reasonable and prudent under the conditions then existing. If a bicycle, tricycle, unicycle or personal transportation device is being used anywhere other than a roadway, it must not be operated at a speed greater than 20 miles per hour if no other speed limit is posted or applicable, and it must be operated in a manner that is reasonable and prudent under the conditions then existing. Sec. 4.10. EMERGING FROM ALLEY, DRIVEWAY, BUILDING. The operator of a bicycle, tricycle or unicycle or personal transportation device emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway. Sec. 4.11. CLINGING TO VEHICLES. No person riding upon any bicycle, tricycle, or unicycle or personal transportation device shall attach the same or themself to any vehicle or be in any manner towed upon a roadway, sidewalk, or trail. Sec. 4.12. CARRYING ARTICLES. No person operating a bicycle, tricycle, or unicycle or personal transportation device shall carry any package, bundle, or article which prevents the rider from keeping at least one hand upon the handlebars, when handlebars are provided. Sec. 4.13. RIDING ON SIDEWALKS. It is unlawful for any person to operate a bicycle, tricycle, or unicycles or personal transportation device upon any sidewalk on the following streets: Main Street from Duff Avenue to Clark Avenue. Lincoln Way on the south side thereof from Stanton Avenue to Hayward Avenue. Hayward Avenue on the east side thereof from Lincoln Way to Hunt Street. Welch Avenue from Lincoln Way to Knapp Street. Exception: A person with a disability who uses a wheelchair or other mobility device is permitted to use such a device on the sidewalks and areas listed above. See also Section 19.14. Sec. 4.14. RIGHT-OF-WAY OF PEDESTRIANS ON SIDEWALKS AND SHARED- USE PATH; SIGNAL REQUIRED. Whenever any person is riding a bicycle, tricycle, or unicycle or personal transportation device upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing any such pedestrian operate in a careful and prudent manner that is safe, respectful, and responsive to conditions and others using the sidewalk and shared-use path. Every person operating a bicycle, tricycle, unicycle or personal transportation device upon a sidewalk and share-use path, shall yield the right-of-way when 4 approaching a pedestrian and shall give an audible signal, such as a voice call and bell, before overtaking and passing. Sec. 4.15. BICYCLES, TRICYCLES, UNICYCLES AND PERSONAL TRANSPORTATION DEVICES PROHIBITED ON GRAND AVENUE. The riding of bicycles, tricycles, or unicycles or personal transportation devices on the roadway of Grand Avenue in the City of Ames, Iowa, is prohibited. Any person who shall rides a bicycle, tricycle, unicycle, or personal transportation device on the traveled portion of the roadway of Grand Avenue between Lincoln Way and 30th Street in the City of Ames will be in violation of this section. See also Section 19.14. Sec. 4.16. LAMPS, REFLECTORS REQUIRED. Every bicycle, tricycle or unicycle when in use during the hours from sunset to sunrise shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector or lamp on the rear which shall be visible three hundred (300) feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. Every bicycle, tricycle, unicycle or personal transportation device ridden at any time from sunset to sunrise and at such other times when conditions such as fog, snow, sleet, or rain provide insufficient lighting to render clearly discernible persons and vehicles on the highway at a distance of three hundred feet ahead must be equipped with a lamp on the front exhibiting a white light visible from a distance of at least three hundred feet to the front. Every bicycle, tricycle, unicycle or personal transportation device ridden at any time from sunset to sunrise and at such other times when conditions such as fog, snow, sleet, or rain provide insufficient lighting to render clearly discernible persons and vehicles on the highway at a distance of three hundred feet ahead must be equipped with a lamp on the rear exhibiting a red light visible from a distance of three hundred feet to the rear; except that a red reflector may be used in lieu of a rear light. Equivalent equipment such as headlamps and red-light attachments to the head, back, are, or leg may be used in lieu of a lamp on the front and a red light on the rear of the bicycle. A peace officer riding a police bicycle is not required to use either front or rear lamps if duty so requires. Sec. 4.17. BRAKE REQUIRED. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement. Every bicycle, tricycle, unicycle, or personal transportation device operated within the City boundaries must be able to come to a complete stop within a safe distance. Sec. 4.18. SIRENS, WHISTLES AND HORNS PROHIBITED. A bicycle, tricycle, unicycle, or personal transportation device shall not be equipped 5 with, and a person shall not use upon a bicycle, tricycle, unicycle, or personal transportation device any siren, whistle, and horn. This section does not apply to bicycles, tricycles, unicycles, or personal transportation devices ridden by peace officers in the line of duty. Sec. 4.19. PARKING. No person shall park a bicycle, tricycle, unicycle or personal transportation device upon a sidewalk, street, or alley in such a manner that provides no adequate path for pedestrian or motor vehicle travel, or a curb ramp, building entrance, or fire hydrant. Sec. 4.20. IMPOUNDMENT. The Police Department may impound the bicycle, tricycle, unicycle or personal transportation device that is used by any person who creates a hazardous condition while violating this chapter. If impounded, the bicycle, tricycle, unicycle, or personal transportation device will be released by the Police Department to the owner if proof of ownership is shown and any associated fees and charges are paid. Sec. 4.21. RESPONSIBLE RIDING. (1) A person must operate a bicycle, tricycle, unicycle, or personal transportation device in a manner that is safe, respectful, and responsive to conditions of roadways, shared-use paths, sidewalks, and city parks. (2) A person operating a bicycle, tricycle, unicycle, or personal transportation device must keep it under control at all times. (3) A person must not operate a bicycle, tricycle, unicycle, or personal transportation device while using a phone or another device which prevents the rider from keeping at least one hand upon the handlebars, when handlebars are provided. (4) A person must not operate a bicycle, tricycle, unicycle, or personal transportation device in a manner so as to disregard the safety of the operator, others, or property. Sec. 4.22 4.18. PENALTIES FOR OFFENSES PERTAINING TO BICYCLES. (1) A violation of any provision of Chapter 4, Bicycles and Personal Transportation Devices, shall be a municipal infraction punishable by a penalty of $50.00 for a person’s first violation thereof, and a penalty of $100.00 for each repeat violation. (2) Alternatively, a violation of Chapter 4 can be charged by a peace officer of the City as a simple misdemeanor. * * * 6 CHAPTER 19 PARKS AND RECREATION * * * Sec. 19.9. UNLAWFUL TO OPERATE A MOTOR VEHICLE IN CITY PARK; EXCEPTIONS. It is unlawful for any person, other than authorized personnel, to operate a motor vehicle as defined in the laws of the state in any public park or pleasure ground greenway of the city, except upon the streets and parking lots therein which are specifically designated for motor vehicle travel. Exception: This section does not apply to manual or powered mobility devices used by individuals with a disability. Use of Other Power-Drive Mobility Devices (OPDMDs) by individuals with mobility disabilities are subject to a case-by-case assessment based on official factors (i.e., device characteristics, park characteristics, safety requirements, environmental factors, and/or land management). * * * Sec. 19.12. BIKE RIDING PROHIBITED IN CERTAIN PARKS. Bike riding is Riding of bicycles, tricycles, unicycles, and personal transportation devices, (i.e., manual, electric, etc.) are prohibited in Munn Woods; East River Valley Park; and in Brookside Park on the Audubon Trail. See also 19.14. * * * Sec. 19.14. PROHIBITED USE OF GEORGIE TSUSHIMA MEMORIAL SKATE PARK. (1) No person shall use or have in or on the City Skate Park Georgie Tsushima Memorial Skate Park any type of bicycle, scooter, coaster, unicycle, sled, vehicle or other device scooter, coaster, sled, bicycle, tricycle, unicycle, personal transportation device or vehicle, except for skateboards and in-line roller skates. (2) Violation of this section shall be a municipal infraction punishable by a penalty of $50.00 for a first offense, $100 for a second offense, and $200 for each subsequent offense. * * * ” Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. 7 Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , . ______________________________ _____________________________ John A. Haila, Mayor First Reading: Second Reading: Third Reading: Passed on: I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. ______________, passed by the City Council of said City at the meeting held on ______________________and signed by the Mayor on ___________________________, and published in the Ames Tribune on ___________________________. ________________________________ Renee Hall, City Clerk 8 Smart Choice Staff Memo Police Department 515.239.5133 Non emergency 515 Clark Ave. P.O. Box 811 515.239.5130 Administration Ames, IA 50010 515.239.5429 fax www.CityofAmes.org To: Mayor and City Council Date: January 7, 2026 From: Geoff Huff, Chief of Police, and Jane Chang, Assistant City Attorney Subject: Proposed Revisions to Chapter 4 for a First Offense Lighting Violation At the December 9, 2025, Council meeting during a discussion on modifications to Chapter 4, a motion was made to direct staff to develop language regarding the first offense on a lighting violation to establish a period of time to allow the user to fix the issue. Iowa Code section 321.397 already covers lamps on bicycles: 321.397 Lamps on bicycles. Every bicycle shall be equipped with a lamp on the front exhibiting a white light, at the times specified in section 321.384, visible from a distance of at least three hundred feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of three hundred feet to the rear; except that a red reflector may be used in lieu of a rear light. A peace officer riding a police bicycle is not required to use either front or rear lamps if duty so requires. In 2021, the Iowa Legislature enacted a new chapter regarding the enforcement of state, local, and municipal laws, Iowa Code Chapter 27B. Iowa Code section 27B.2 places restrictions on the enforcement of state, local, and municipal laws: 27B.2 Restriction on enforcement of state, local, and municipal law prohibited. A local entity or law enforcement department shall not adopt or enforce a policy or take any other action under which the local entity or law enforcement department prohibits or discourages the enforcement of state, local, or municipal laws. Adding fix-it type language to Ames Municipal Code Chapter 4 could be seen as discouragement to enforcing the law, which would be prohibited by Iowa Code section 27B.2. It is important to note that officers currently stop people at night on bicycles and tend to educate the user rather than write a citation for the violation. In the last five years, only one citation has been written for not having the required lamp or light on a bicycle. 9 In cases where the proximate cause of an accident is determined to be the lack of a light on a bicycle or other conveyance, officers should have the discretion to write a citation. It would not be fair to the other person affected by that accident to have a first offense free policy, or a period of time to remedy. If a motor vehicle had no working lights and caused an accident, we would not want to allow that driver a period of time to remedy to avoid a citation. Police officers derive their authority to enforce Iowa Code Chapter 321 from the state. Municipal ordinances may supplement but may not restrict or prohibit enforcement of state law. An officer could always write an Iowa Code section 321.397 for a lighting violation, but again, only one of these citations has been written in the last five years. Based on these facts, it is apparent that Ames Police Officers are using appropriate discretion in these interactions and are not looking to write lighting violations whenever possible. Not adding mandatory language to grant a fix it period would allow officers to continue to use their discretion while leaving the door open to issue a citation when it would be warranted. For all of the reasons stated above, at this time staff is not presenting draft language that allows for a fix-it period for lighting violations to Council. 10