Public notices

Notice of Adoption: Town of Riverhead — Amendment to Chapter 213 entitled “Bicycles”

TOWN OF RIVERHEAD

NOTICE OF ADOPTION

PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law amending Chapter 213 of the Riverhead Town Code entitled, “Bicycles” so as to rename said Chapter, “Bicycles & Electric Scooters” and adding an Article entitled “Electric Scooters” and providing for the enforcement thereof, including penalties for offenses at its regular meeting held on October 19, 2021 as follows:

Chapter 213. Bicycles & Electric Scooters

Article II. Electric Scooters

§213-11 Definitions.

A. For the purposes of this Chapter, the terms used herein are defined as follows:

DOWNTOWN AREA

Shall encompass the area bounded by the following streets, and shall NOT include any operation upon the sidewalks appurtenant thereto: Beginning at the corner of Court Street and West Main Street; running thence east on West Main Street to the corner of Peconic Avenue and West Main Street; thence south on Peconic Avenue to the Town line; thence east along the Town line to the intersection of McDermott Avenue and to the Town line; thence north on McDermott Avenue to the intersection of McDermott Avenue and East Main Street; thence east on East Main Street to the corner of East Main Street and Howell Avenue, thence west from the corner of Howell Avenue and East Main Street to the corner of East Main Street and Ostrander Avenue; thence north on Ostrander Avenue to the intersection of Ostrander Avenue and Second Street; thence west on Second Street to the intersection of Second Street and Roanoke Avenue; thence north on Roanoke Avenue to the intersection of Roanoke Avenue and Railroad Avenue; thence west on Railroad Avenue to the intersection of Railroad Avenue and Osborne Avenue; thence south on Osborne Avenue to the intersection of Osborne Avenue and Court Street; thence west on Court Street to the intersection of Court Street and West Main Street.

ELECTRIC SCOOTER 

Any two tandem wheeled device that has handlebars, is designed to be stood upon by the operator and is powered by an electric motor that is capable of propelling the device with or without human propulsion. 

SHARED ELECTRIC SCOOTER SYSTEM

A network of self-service and publicly available electric scooters, and related infrastructure, in which an electric scooter trip begins and/or ends on any public highway.

§213-12 Compliance with Federal and State law provisions.

A. Electric scooters shall comply with all applicable federal safety standards. 

B. This article is adopted pursuant to the New York State Vehicle and Traffic Law, Section 1281, subsection 2(b) thereof.

C. Except as actually set forth in this chapter, the Town of Riverhead hereby incorporates by reference the provisions of Article 34-D, Section 1282 thereof, of the Vehicle and Traffic Law of the State of New York as it now exists and as from time to time may be amended. Should the requirements of this chapter conflict with or otherwise be inconsistent with any provision or requirement of the Vehicle and Traffic Law, the more stringent provisions, or those imposing the higher standards, shall govern.

§213-13 Rules and regulations

A. Electric scooters may be operated upon public highways and roads, subject to the rules and regulations set forth herein.

B. No person shall operate an electric scooter in excess of fifteen (15) miles per hour.

C. Operation of electric scooters shall be prohibited on any roadway or highway with a posted speed limit in excess of thirty (30) miles per hour and electric scooters shall not be operated within designated bicycle lanes.

D. Operators of electric scooters shall be required to wear a helmet designed to protect against serious head injury at all times that the scooter is in motion.

E. Riding abreast. When two or more persons in a group are operating electric scooters on a roadway, they shall ride single file.

F. No electric scooter shall be used to carry more than one person at one time. No person operating an electric scooter shall carry any person as a passenger in a pack fastened to the operator or fastened to the electric scooter.

G. No person operating an electric scooter shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handle bars or which obstructs his or her vision in any direction and both wheels of the scooter shall be upon the ground at all times during operation.

H. Every person operating an electric scooter shall yield the right of way to pedestrians in all circumstances.

I. Intoxication. No person shall operate an electric scooter while in an intoxicated condition.

J. Drugs. No person shall operate an electric scooter while his or her ability to operate such a device is impaired by the use of a drug as defined in the Vehicle and Traffic Law § 1192, Subdivision 4.

K. Compliance with regulations. Every person operating an electric scooter shall obey all stop signs and traffic control signals and comply with all traffic regulations of the Town.

L. Sidewalks restricted. No person shall operate, park, abandon or keep motionless an electric scooter on any sidewalk within the downtown area as hereinabove described unless parked in a designated area, stall or other corral designated for the parking of electric scooters.

M. Traffic regulations. Every person operating an electric scooter shall strictly observe all traffic signs and signals and all other traffic rules and regulations applicable thereto and shall obey the orders and directions of every officer of the Town authorized to direct or regulate traffic.

N. No electric scooter shall be operated upon any way, or in any place to which the public has a right of access, or in any place which the public has right of access as invitees or licensees, within the Town of Riverhead, New York between the hours of one-half hour after sunset and one-half hour before sunrise.

O. No electric scooter shall be operated upon Main Street between Court Street extending east to Old County Road/Route 58.

P. No electric scooter shall be operated upon and/or within the bicycle path system located at Vietnam Veterans Memorial Recreation Trail at the Calverton Enterprise Park.

§213-14 Authorization for Shared Electric Scooter Systems.

Pursuant to the provisions of Article 34-D, Section 1282 thereof, of the Vehicle and Traffic Law of the State of New York, subdivision 10(a) the Town of Riverhead specifically authorizes the operation of shared electric scooter systems within the Downtown Area of the Town of Riverhead as defined hereinabove at §213-11 except that no electric scooter shall be operated upon Main Street between Court Street extending east to Howell Avenue.  Electric scooters may cross Main Street to and from permitted roadways.  Any such operation of shared electric scooter systems shall be pursuant to agreement with and Resolution of the Riverhead Town Board.

§213-15 Enforcement.

The Riverhead Police Department shall enforce the provisions of this chapter by the issuance of a summons returnable in the Riverhead Justice Court.

§213-16 Penalties for offenses.

A violation of this chapter shall be punishable by imprisonment of up to 15 days and/or a fine of up to $250.00.

* Underline represents addition(s)

* Overstrike represents deletion(s)

Dated: Riverhead, New York

  October 19, 2021

BY ORDER OF THE TOWN BOARD

OF THE TOWN OF RIVERHEAD

DIANE M. WILHELM, Town Clerk