§ 62-101. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Should any definition conflict with A.R.S. Title 28, the definition under state law shall apply:

Bicycle means a device, including a racing wheelchair, that is propelled by human power and on which a person may ride and that has either:

(a)

Two tandem wheels, either of which is more than 16 inches in diameter, or

(b)

Three wheels in contact with the ground, any of which is more than 16 inches in diameter.

For the purpose of this chapter, a bicycle is not a micromobility device.

Bicycle lane means a path or lane specifically designated for the preferential or exclusive use of bicycles.

Bus zone means an area specifically reserved for the loading and unloading of bus passengers.

Crosswalk means:

(a)

That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs from the edges of the traversable roadway, or

(b)

Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Electric bicycle means a bicycle or tricycle that is equipped with fully operable pedals and an electric motor of less than 750 watts, which meets the requirements of a class 1, class 2 or class 3 electric bicycle. Except as otherwise provided in this chapter and state law, an electric bicycle is subject to the same provisions of this article as a bicycle.

(a)

Class 1 electric bicycle means a bicycle or tricycle that is equipped with an electric motor, which provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle or tricycle reaches the speed of 20 miles per hour.

(b)

Class 2 electric bicycle means a bicycle or tricycle that is equipped with an electric motor, which may be used exclusively to propel the bicycle or tricycle and is not capable of providing assistance when the bicycle or tricycle reaches the speed of 20 miles per hour.

(c)

Class 3 electric bicycle means a bicycle or tricycle that is equipped with an electric motor, which provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle or tricycle reaches the speed of 28 miles per hour.

Electric personal assistive mobility device means a self-balancing device with one wheel or two non-tandem wheels and an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less and is designed to transport only one person.

Electric standup scooter means a device with no more than two wheels 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 at a maximum speed of less than 20 miles per hour.

Intersection means the area embraced within the prolongation or connection of the lateral curb lines, or if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. If a highway includes two roadways 30 or more feet apart, each crossing of each roadway of the divided highway by an intersecting highway is a separate intersection. If the intersecting highway also includes two roadways 30 or more feet apart, each crossing of two roadways of the highways is a separate intersection.

Median means an area in the approximate center of a street that is used to separate the directional flow of traffic.

Micromobility device, for the purpose of this chapter, means an electric bicycle, an electric personal assistive mobility device, and an electric standup scooter. The town manager or a town director shall have the authority to designate additional types of devices as micromobility devices consistent with the law, so long as such designation is posted on the town's website. Micromobility device excludes bicycles and personal delivery devices.

Owner means the person or company who owns the bicycle or micromobility device or any person who is a lessee, conditional vendee or mortgagor of a bicycle or micromobility device with a right to immediate possession.

Park, if prohibited, means to leave unattended.

Pedestrian means any person afoot. A person who uses an electric personal assistive mobility device or a manual or motorized wheelchair is considered a pedestrian unless the manual wheelchair qualifies as a bicycle.

Person means an individual, firm, association, partnership, joint venture or corporation.

Multi-use path means a paved or unpaved shared-use path or trail that is specifically designated for non-motorized traffic and recreation, such as the shared-use paths and trails shown in the Gilbert Parks, Recreation, and Trails Master Plan.

Sidewalk means any area or way owned or controlled by the town and used for purposes of pedestrian traffic, whether or not it is paved.

Street, as used in this article, means any portion of roadway, highway, alley, thoroughfare, or other property that is open to the public for purposes of vehicular travel. Street includes the associated right-of-way, berm or shoulder, parkway, crosswalk, median, bicycle lane, and any associated roadway or access easement of the town.

Town property means any property, facility or improvement that is owned, leased, operated, maintained or managed by the town.

(Code 1984, § 12-2-1; Ord. No. 2703, § I, 3-7-19 )

Cross reference

Definitions generally, § 1-2.