07-22-13 Council Agenda & Packet

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Moped Regulations Ordinance Page 2 Article 13. Moped Regulations. Sec. 20 -130 Definitions. As used in this Article: (a) City shall mean the City of South Bend, Indiana. (b) Bicycle lane or bike lane shall mean a portion of a roadway which has been designated by striping, signing or pavement markings for the preferential or exclusive use of bicyclist peddling any foot - propelled vehicle irrespective of the number of wheels in contact with the ground.' (c) Moped shall man any two (2) or three (3) wheeled vehicle which is propelled by an internal combustion engine or a battery powered motor, and if powered by an internal combustion engine, has the following: 1. An engine rating of not more than two (2) horsepower and a cylinder capacity not exceeding fifty (50) cubic centimeters; 2. An automatic transmission; and 3. A maximum design speed of not more than twenty -five (25) miles per hour on a flat surface. (d) Operator shall mean any person who rides or is in actual physical control of a moped. (e) Rental agency means any person engaged in the business of offering for rental or renting mopeds for use by the public. Sec. 20 -131 Compliance Required.2 (a) Every operator of a moped in the city must comply with the public safety regulations set forth in this Article, and applicable state and federal laws. (b) The parent(s) or guardian(s) of any child under the age of eighteen (18) years of age shall not authorize or knowingly permit any child or ward to violated the provisions of this Article. ' The Manual on Uniform Traffic Control Devices (MUTCD) section 9 addresses standard bike lane markings and signing; and Indiana Code § 9- 13 -2 -14 defines_the term bicycle. 2 Indiana Code § 9- 21 -11 -12 through Indiana Code § 9 -21 -14 prohibit any person under the age of fifteen (15) to operate a motorized bicycle; requires permit or licensing over said age; prohibits operation on an interstate highway or sidewalk; prohibits going greater than 25 mph; requires persons. under 18 years of age to wear protective headgear, protective glasses, goggles or a transparent face shield with violators committing a Class C infraction. The definition of moped does not include an electric personal assistive mobility device.