Ordinance - 2018 - 798 - Prohibit Use Of Wheeled Apparatus - 08/14/2018ORDINANCE NO. 798
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING EAGLE
CITY CODE, TITLE 5, "POLICE REGULATIONS", CHAPTER 2, "MISCELLANEOUS
OFFENSES", SECTION 4, TO PROHIBIT USE OF WHEELED APPARATUS ON
MUNICIPAL PROPERTY AND IN CERTAIN AREAS OF THE CITY, PROVIDING
DEFINITIONS, PURPOSE, PROHIBITIONS, EXCLUSIONS, PENALTY, AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Eagle is a municipal corporation formed pursuant to the laws of
the State of Idaho;
WHEREAS, the Eagle City Council has the authority to enact ordinances to promote the
general welfare and prescribe penalties, Idaho Code 50-302;
WHEREAS, it is the intent of the City of Eagle Council to place reasonable limits on the
recreational use of wheeled apparatus in certain areas of the city limits to protect the public health,
safety and welfare and to protect private property from damage, injury, and/or liability occasioned
as a result of the exercise of recreational use of such wheeled apparatus; and
WHEREAS, in order to allow for recreation on wheeled apparatus in the appropriate place
and manner, and to define e -bikes, e -bike classifications, and the locations where each
classification may not be used.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF EAGLE, Ada County, Idaho:
Section 1: That Title 5, Chapter 2, Section 4, Eagle City Code, be amended, in part, to read as
follows with the underline text to be added and the strike -through text to be deleted:
5-2-4: PROHIBITION OF THE USE OF WHEELED APPARATUS ON MUNICIPAL PROPERTY
AND IN CERTAIN AREAS OF THE CITY:
A. Definitions: For the purpose of this section:
DISMOUNT/WHEELS DOWN ZONE: The area designated as the dismount/wheels down zone shall be
known as the central business district. The area affected by this section consists of the following
description and the map attached to ordinance 351 on file in the office of the city clerk and incorporated
by reference herein: Eagle Road south of Mission Drive through to State Highway 44 and including the
North Channel Center subdivision; West State Street from Cobblestone Lane through to East State Street
extending eastward to Edgewood Lane; Palmetto Avenue south of Amanita Street including the United
States Post Office; Stierman Way south of Amanita Street including the Eagle Public Library; the entire
area south of State Street including the Rocky Mountain Business Park bounded by Eagle Road on the
west and Edgewood Lane on the east; all the following retail business areas: Bosanka Village, King's
Plaza, Eagle Plaza, Albertson's, Eagle Pavilion Shopping Center, Rocky Mountain Business Park, Eagle
Center, including any and all businesses running along State Street, Eagle Road and within North Channel
Center.
ELECTRIC POWER -ASSISTED BICYCLE ("E -bike"): An E -bike that conforms to the following
description and classifications is not a motor vehicle for purposes of this chapter. A vehicle having two
(2) tandem wheels or two (2) parallel wheels and one (1) forward wheel, anv two of which are not less
than twelve (12) inches in diameter, that is designed to be operated bv human power with the assistance
of an electric motor that has a power output of not more than seven hundred fiftv (750) watts that
disengages or ceases to function when the vehicle's brakes are applied.
A "Class I electric bicycle." or "low -speed pedal -assisted electric bicycle," is a bicycle equipped
with a motor that provides assistance only when the rider is pedaling. and that ceases to
provide assistance when the bicycle reaches the speed of 20 miles per hour.
A "Class II electric bicycle," or "low -speed throttle -assisted electric bicycle," is a bicycle
equipped with a motor that mav be used exclusively to propel the bicycle, and that is not capable
of providing assistance when the bicycle reaches the speed of 20 miles per hour.
A "Class III electric bicycle," or "speed pedal -assisted electric bicycle," is a bicycle equipped
with a motor that provides assistance only when the rider is pedaling, and that ceases to provide
assistance when the bicycle reaches speed of 28 miles per hour. and equipped with a
speedometer.
FOOTHILLS TRAILS: Natural surface trails that are located entirely and solely on property owned bv
the city, or on private property where public access easements have been granted to the City of Eagle and
are in effect, including, but not limited to, multi-user single-track trails, bike -optimized trails and hiking
trails.
GREENBELT PATHWAYS: Wide improved -surface pathways that are located entirely and solely on
property owned bv the city, or on private property where public access easements have been granted to
the City of Eagle and are in effect. These mav include, but are not limited to, paved pathways along the
Boise River, in and near city parks, and pathways set back from roadways.
PRIVATE PROPERTY: Property owned by nongovernmental entities.
PUBLIC PROPERTY: Any public property in the city limits of the city of Eagle including, but not
limited to, parking lots, public sidewalks, heritage park, Eagle city hall/senior center, Eagle city library,
friendship park, Orville Krassen park, arboretum park, and the property on the east side of Eagle Road
from Plaza Street north to the drainage ditch.
WHEELED APPARATUS: A nonmotorized vehicle or toy consisting of one or more wheels constructed
or covered with polyurethane, rubber, or other material, which can transport persons or property,
including, but not limited to, bicycles, electronic bicycles (e -bikes), carts, in line skates, skateboards, and
skates; provided, however, any apparatus used to assist the physically handicapped and/or to transport a
baby or small child shall be excluded from this definition.
B. Purpose:
It is the desire of the Eagle mayor and city council to place reasonable limits on the recreational use of
wheeled apparatus in certain areas of the city limits to protect the public health, safety and welfare and to
protect private and public property from damage, injury, and/or liability occasioned as a result of the
exercise of recreational use of wheeled apparatus.
C. Prohibitions:
1. It shall be unlawful for any person to use any nonmotorized apparatus constructed or covered with
polyurethane, rubber, or other material limited to: skateboards, skates and in line skates in the
dismount/wheels down zone.
2. Bicycles and e -bikes may only be used in the dismount/wheels down zone so long as all wheels remain
on the ground while the bicycle or e -bike is in motion. Any other use of bicycles or e -bikes in the
dismount/wheels down zone is unlawful. Use of bicycles or e -bikes is also prohibited on City owned
facilities and structures not designated for wheeled -apparatus.
D. Penalty:
Any person or persons who is in violation of the provisions of this section shall pay to the city clerk a fine
of twenty five dollars ($25.00) or, in lieu of the fine upon the first offense only, participate in an optional
method of compliance specified by the city clerk. All subsequent offenses are subject to the twenty five
dollar ($25.00) fine. The fine must be paid to the city clerk within seven (7) days of the date of the notice
of violation.
Failure to pay such fine, or in the case of a first offense, request in writing the optional method of
compliance within the seven (7) day period, shall make any violator subject to an additional twenty five
dollar ($25.00) fine within fourteen (14) days of the date of the notice of violation.
E. Notice of Violation:
The failure of any person or persons receiving a notice of violation to make the above described payments
to the city clerk within the designated times shall render the person or persons subject to the general
penalties provided in section 1-4-1 of this code.
F. Severability:
If any portion of this section is found to be unenforceable by a court of proper jurisdiction, the remaining
portions of this section remain in full force and effect.
G. Exceptions:
The prohibitions contained in this section shall not apply to law enforcement personnel acting within the
scope of their employment. The provisions of this section shall not apply to city parks specifically posted
and designated as a skateboard park, bike park. or area designated as a pathway or trail for the use of a
wheeled apparatus.
1. Class II and III e -bikes may not be operated on foothills trails.
2. Class III e -bikes may not be operated on greenbelt pathways.
Section 2: The provisions of this ordinance are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is
declared invalid for any reason, such declaration shall not affect the validity of remaining
portions of this ordinance.
Section 3: This ordinance shall take effect and be in force from and after its passage. approval,
and publication as required by law. In lieu of publication of the entire ordinance, a summary
thereof in compliance with Section 50-901A, Idaho Code, may be published.
Approved and adopted this 1'4'h day of , 2018.
CITY OF EAGLE
Ada County, Idaho
STAN RIDGEWAY
MAYOR
ATTEST:
SHARON K. BERGMAN
CITY CLERK
Idaho Statesman
rho N•iraP•P•I of th• t v•U•r
I DAI1DSTAT CS M A N. COM
PO Box 40, Boise, ID 83707-0040
Account#
263905
Ad Number
LEGAL PROOF OF
0003812320 I LEGAL NOTICE ORDINANCE NO. 798 AN
Idenbfrcahon
Attention: TRACY OSBORN
CITY OF EAGLE / LEGALS
660 CIVIC LANE
EAGLE, ID 83616
LEGAL NOTICE
PUBLICATION
OR[
PO
Ord 798
ORDINANCE NO. 798
AN ORDINANCE OF 1HE CIIY OF EAGLE, ADA CO'JN i, IDAHO, AMENDING' EAGLE CITY CODE, 1111.E 5,
POLICE REGU_AT!OF•:S CHAPTER 2, 'MISCELLANEOUS OFFENSES', SECTION 4, TO PROHIBIT USE OF
''.'HEELED APPARATUS ON MUNICIPAL PROPERTY AND IN CERTAIN AREAS OF THE CiTY. PROVID•N;
DEMI-EONS, PURPOSE, PROHIBIrIGNS, EaCLOS DNS. PENALTY. AND PRO'tmING AN EFFECTIVE DATE.
WHEREAS. the City of Eagle is a iruniciii I corporation fOrm9C pursuant to the laws of the State of Ida-
ho:
WHEREAS, the Eagle City Council has the authority to enact ordinances to promote the general welfare
and prescribe penallfes. trfaho Code 50-302;
WHEREAS. it is the intent of the City of Eagle Courcll to place reasonable limits on the recreational use
of wheeed apparatus in pertain areas of the city limits to protect the public health, safety arid welfare
and to protect private property from damage, injury, and/or liability occasioned as a resu'l of the exer-
cise of recreational use at such wheeled apparatus: and
WHEREAS. in order to atorr for recreation on'r.f eeled apparatus in the appropriate place and manner.
and to define e -bikes, ebrke classifications, and the locations where each classificaton may not be
used.
NOW. f HEREFORE., BE II ORDAINED 8Y THE MAYOR AND CITY COUNC;L OF THE CITY OF EAGLE, Ada
County. Idaho:
Scchon 1: That TrSe 5, Chapter 2, Section 4, Eagle City Cede, be amended, in par;, to read as follow;
with the cnderline text to be added and the 5tnke-through teat to be deleted:
5-24: PROHIBITION OF THE USE OF WHEELED APPARATUS ON MUNCIPAL PROPERTY AND IN CER-
TAIN AREAS OF THE CITY.
A. Definitions: For the purpose of this section:
DISMOUNT/WHEELS DOWN ZONE: The, area designated es the eisrnour,4'wheels down tone shall be
known as the central business district" The area affected by this section consists of the inllo'.wmg de-
scription and the map attached tood
ordinance 3..5_t
on fife in the office of the cit.... clerk and incorporated
by reference herein: Eagle Road south of Mission Drive through to State Highway 41. and nicledi :e- the
by
Channel Center subdivision: West Srate Street from Cobblestone Lane through to East State
Street extending eastward to Edgewcod Lane: Palmetto Avenue south of Amanita Street including the
United States Post Office; Sherman Way south of Amanita Street including the Ea.'e Pubic Library; the
entre area south of State Street including t a pocky Ltou:.tann Business Park bounced byEagle Rned on
the west and Edgewood Lane on the east; all the following retail business areas Bosanka Villaee. King's
Raze, Eagle Plaza, Albertson's, Eagle Pavilion Shopping Center. Rocky Mountain Business Park. Eagle
Center. Including any and a1: businesses running along State Street, Eagle Road and w:thin North Chan-
nel Center
ELECTR•C POWER -ASSISTED R'UYCLE ;"E-bike'T- An E -Dike that conform!) R•• the follo•nrr:T, description
and classifications is not a motor vehicle for purpeses of this chapter. A vehicle having two ;2) tandem
wheels cr two ;2; parallel wheels and one (1) forward wheel, any te'o of .which are not less than twelve
:12; inches lir diameter, that rs design -ad to be operated by hurnari power with the assistance cf err elec-
tr„ motor that has a power output of not mare than seven hundred fifty ;750) watts that disengages or
;.eases to function when ttie vehicle's brakes are applied
A "Class I electric bicycle,' or -low-Speed pedal -assisted electric bicycle," IS a bicycle equipped with a
motor that pro.,•"des assistance nnl'5vhen the rider is pedaing, and that cea SPS to
proo,de as :7 stance when the bicycle reaches the speed of 20 miles per hour"
A'Class II electric bcycle," cr "low -speer throttle -assisted electric bicycle,` is a bicycle edu' sped with a
motor that Trial be used exclusive:y to propel the bicycle, and that r9 not Capable of prcr I lig
tance when the bicycle reaches the speed of 20 miles per hour
A "Class III pledge b,eyrre•" or `speed eedal-as;rsted electric bicycle.' Li a bicycle equipped vrth a mo-
tor Leat prcvides.asssta-ce o.^.I when the rider is pedaling, Goo that tenses to provide. assistance when
the bicycle reaches speed of 28 miles per hour, and equipped with a speedometer_
-00 rH LLS 1 RAILS: Natural surface trails that are located entirely and solely on property owned by the
city, or or prvate property where pubic access easements have been granted to the City of Eagle and
are in effect, including- but net limited to, multi.u_er single track tra is, bike optimized traps and hiking
trails
GREENBEI T PATFIVUAYS: Wide improved -surface pathways that are located entirely and solely ori prop-
erty owned by the city, or on private property where public access easement; have been granted to the
City cf Eagle and are in effect !hese may include, but are not limited to, paved pathways along the
Boise R+rer, in and near city parks. a'td pathways set back from roadway s-
PRFVATE PROP; RTY: Property owned by nongovernmental entrlreS.
PUBLIC PROPERTY: Any public propery in the city limits of the city o; Eaele including, but not limited to,
earkinN '.pts, Dunk sidewalks. heritage park. Eagle city haVVsenror center. Eagle city library, friendship
cif.{; -; • _r�� �.
Cl FY OF "-':1t;;i-f?
Auli 2 ? 24,1
File:
F.cLi3 tn•
Amount
Cols Lines 1
$348 04 3 139
JANICE HILDRETH, being duly sworn,
deposes and says That she is the
Principal Clerk of The Idaho
Statesman, a daily newspaper printed
and published at Boise, Ada County,
State of Idaho, and having a
general circulation therein, and which
said newspaper has been
continuously and uninterruptedly
published in said County during a
period of twelve consecutive months
pnor to the first publication of the
notice, a copy of which is attached
hereto. that said notice was published
in The Idaho Statesman, in conformity
with Section 60-108, Idaho Code, as
amended, for
Insertions
Beginning issue of. 08/21/2018
Ending issue of: 08/21/2018
/1iILf'L
gals Clerk)
STATE OF IDAHO )
SS
COUNTY OF ADA )
On this 22nd day of August in the year
of 2018 before me, a Notary Public.
personally appeared before me
Janice Hildreth known or identified to
me to be the person whose name
subscribed to the within instrument,
and being by first duly sworn.
declared that the statements therein
are true, and acknowledged to me
that she executed the same.; ;
nark, Ona -le Krassen park. arboretum ;rick. and the nrOPerty on the east side of Eah.e Road from e4/rtlrrr ` r Notary Street north to the drainage duch 0�'t r'8 Nota Public FOR Idaho
WHEELED APPARATUS: A ncnmotonzed vehicle or toy consistingof one or more wheels c etsi t dj der s
covered' with polyurethane, rubber Or other materiel; which catransport persons or p tic ;.O'�✓(�/ ,�Flpsiding at Boise, Idaho
ing, but not limited to, bicycles, electronic bicycles le bikes), carts. in fine skates. s t 'ard ''e�' 1 '-
skates: provided. however. any apparatus used to assist the physically handicapoed a /or 'yt sop o,
a baby or small child shall be excluded Irorn this dethiiton. • • rt 1 —P y- -n My t tmmission expires 0
B. Purpose: o
It is tt.e desire of the Eagle mayor enc city council to place reasonable lirrits on thexecreaioral use of ;
-wheeled apparatus in certain areas of the city limits to protect the public health, saft.y an welfa•e`m81'y'' e -
In protect private and public property from damage, in;ury, and/or liability occasioned as aYesult of the s
exercise of recreational use of wheezed apparatus. o n ,
C. Prohibitions, •• PUMA s°
1. 11 shat be unlawful In: any person to use any nonniotonzed apparatus canstructerspr v1%0 with ,' �iC` ,
polyurethane- rubber, or ether material limited to: skateboards, skates and in Irnelz 9R•thp,•a' �. s•
dismount'whee:s down zone ''- 7' ' ( W ,e`
�r'srrrrrnr'I°oe,,`
'104 et, -- 3Yl,t4l
cT
2. Ricyttes and e•bikes may only be used in the dismount/wheels down zone so long as all wheels re-
main on the ground while the bicycle or a -bike is in motion. Any other use of bicycles or ebikes in the
-dismount/wheels down zone is unlawful. Use of bicycles or e•bikes is also prohibited on City owned fa-
cilities and structures not designated for wheeled -apparatus.
D. Penalty:
Any person or persons who is in violation of the provisions of this section shall pay to the city clerk a
line of twenty five dollars (S25.00) or, in lieu of the fine upon the first offense only, participate in an op-
tional method of compliance specified by the city clerk. Al subsequent offenses are subject to the tven-
ttyy five dollar (525.00) fine. The fine must be paid to the city clerk within seven (7) days of the date of
the notice of violation.
Failure to pay such tine, or in the case of a first offense, request in writing the optional method of com-
pliance within the seven (7) day period. shall make ary violator subject to an additional twenty five dollar
<S25.00) fine within fourteen (t di days of the date of the notice of violation.
E. Notice of Violation:
The failure of any person or persons reser-ng a notice of violation to make the above descnbed pay-
ments to the city clerk within the designated times shall render the person or persons subject to the
general penalties provided in section 1-4-1 at this ccde.
F. Severability:
If any portion of this section is found to be unenforceable by a court of proper lurisdicbOn, the remain -
in pardons of this section remain in full force and effect.
G. Exceptions:
The prohibitions contained m this section she not apply to law enforcement personnel acting within the
scope of their employment. The provisions of this section shall not apply to city parks specifically post-
ed and designated as a skateboard park, bike park. or area designated as a pathway or trail for the use
of a wheeled apparatus.
1. Class 11 and til e -bikes_ may not be operated on foothills trails.
2. Class 1Il a-b:kes may_not be operated on greenbelt pathways.
Section 2: The provisions of this ordinance are hereby declared to be severable and if any provision of
this act or the application of such provis'on to any person or circumstance is declared invalid for any
reason, such declaration shall not affect the validity of remaining portions of this ordinance.
Section 3: This ordinance shall take effect and be in force from and after its passage, approval. and
pubiicat'on as required by law. in Lieu 01 pubt cation of the entire ordinance, a summary thereof in com-
pliance with Section 5D1901A, Idaho Code, may be published.
Approved and adopted this 14th day of August, 2018.
CITY OF EAGLE
Ada Count', Idaho
STAN RIDGWAY, MAYOR
ATTEST: SHARON K. BERGMANN, CITY CLERK
Pub. Aug. 21, 2018
0003812320 01