Following a call to our office, after a local walker survived a close call on the boardwalk, MarComm did some research on the local code regarding the motorized scooters (the caller was specific and said they were Bird scooters which nearly crashed into him on his morning walk).
The bottom line and the simple answer is this: Bird scooters (as well as a number of other modes of personal transportation) are prohibited in the Resort area, from and including the sidewalk on the west side of Pacific Avenue to the Atlantic Ocean between Rudee Inlet and 42nd Street during the resort season of May 1st through September 30th.
Per Brian Solis, he and others will be working on an initiative called Shared Mobility Services, which will include modifications to the regulations and potential licensing of e-scooters. Brian will keep us posted so check back here for updates when same are available.
Want more info now? Here is the code as it is now written as shared by Lt. Scott Merce, Second Precinct:
- Chapter 7 – BICYCLES AND OTHER WHEELED DEVICES[1]
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- ARTICLE I. – IN GENERAL
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- Sec. 7-1. – Definitions.
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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:
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.
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.
(Ord. No. 2848, 10-26-04; Ord. No. 2952, 6-27-06; Ord. No. 3535, 3-6-18)
- Sec. 7-59. – Regulations pertaining to riding on city sidewalks and bicycle paths other than the resort area.
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(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, 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, 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, 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 fifty dollars ($50.00).
(Ord. No. 2848, 10-26-04; Ord. No. 2952, 6-27-06; Ord. No. 3535, 3-6-18)
- Sec. 7-59.1. – Regulations pertaining to riding wheeled devices or vehicles in the resort area.
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(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 muscle-powered 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 fifty dollars ($50.00).
(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.
(Ord. No. 2848, 10-26-04; Ord. No. 2952, 6-27-06; Ord. No. 3535, 3-6-18)
- Sec. 7-59.2. – Regulations pertaining to riding on the beach or the boardwalk.
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(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 power-assisted 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.
(Ord. No. 2848, 10-26-04; Ord. No. 2943, 5-23-06; Ord. No. 2952, 6-27-06; Ord. No. 3535, 3-6-18)
Editor’s note— Ord. No. 2943, adopted May 23, 2006, stated that the provisions of subsection (c) shall expire on September 30, 2006. Said provisions pertained to the use of electric personal assistive mobility on the boardwalk permitted pursuant to a temporary permit authorized by the City Manager.
- 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.
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(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 cart, 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.
(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.
(Ord. No. 2848, 10-26-04; Ord. No. 2952, 6-27-06; Ord. No. 3399, 4-7-15; Ord. No. 3535, 3-6-18)