§ 74-91. Findings; definition.

(a)

Certain city streets with speed limits of 35 miles per hour or less under its exclusive jurisdiction (non-DOT streets) are constructed so as to safely permit their use by operators of motorized carts and low speed motor vehicle ("LSMV"), except as stated elsewhere in this article. The permitted streets are as follows: all city streets, but no state or federal or county roads.

(b)

Definitions:

All-terrain vehicle means any motorized vehicle designed for off-road use which is equipped with three or four tires and with a seat to be straddled by the operator and with handlebars.

Bicycle means having only two wheels and either of which is more than 13 inches in diameter.

Dealer means a person engaged in the business of buying, selling, or exchanging vehicles which has an established place of business in this state.

Electric bicycle means a device with two or three wheels which has a saddle and fully operative pedals for human propulsion and also has an electric motor. It shall meet the requirements of the Federal Motor Vehicle Safety Standards and operate so that the electric motor ceases to function when the brakes are applied. The electric motor in an electric assisted bicycle shall:

(1)

Have a power output of not more than 1,000 watts;

(2)

Be incapable of propelling the device at a speed of more than 20 miles per hour on level ground; and

(3)

Be incapable of further increasing the speed of the device when human power alone is used to propel the device at or more than 20 miles per hour.

Electric personal assistive mobility device or EPAMD means a self-balancing, two non-tandem wheeled device designed to transport only one person and having an electric propulsion system with average power of 750 watts (one horsepower) and a maximum speed of less than 20 miles per hour on a paved level surface when powered solely by such propulsion system and ridden by an operator who weighs no more than 170 pounds.

Gross weight means the weight of a vehicle without load plus the weight of any load thereon.

Low-speed motor vehicle or LSMV means any four-wheeled vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface and which is manufactured in compliance with those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500.

Moped means a motor driven cycle equipped with two or three wheels, with or without foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum displacement shall be 3.05 cubic inches (50 cubic centimeters). The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator.

Motorcycle means every motor vehicle having a seat or saddle designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, all-terrain vehicle, dirt bike, and moped.

Motor driven cycle means every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower, every bicycle with a motor attached, and every moped.

Motorized cart means every motor vehicle having no less than three wheels and an unladen weight of 1,300 pounds or less and which cannot operate at more than 20 miles per hour.

Motorized play vehicle means a coaster, scooter, pocket bike, or other motorized vehicle that is self-propelled and is not otherwise defined in this Code as an "ATV", "motorized cart", "low speed motor vehicle (LSMV)" "motor vehicle", "motorcycle", "electric bicycle", motorized skateboard", "electric personal assistive mobility device", "UTV", or "motorized wheelchair".

Motorized skateboard or motorized scooter means a self propelled device, a deck upon which a person may ride, not equipped with a seat, and at least two tandem wheels in contact with the ground and which is not otherwise defined in this Code as a "motor vehicle," "motorcycle," "motorized play vehicle," "electric personal assistive mobility device" or "motorized wheelchair."

Motorized wheelchair means self-propelled wheelchair used by a physically disabled person for mobility. Pocket motorcycle or pocket bike means a two-wheeled vehicle, (other than a motor vehicle, bicycle with helper motor or a motorized scooter) which is self-propelled, capable of carrying a rider and/or passenger in excess of 20 miles per hour, and is designed to replicate the general appearance of a motorcycle.

UTV means any motorized vehicle with a combustion engine designed for off-road use equipped with four or six tires and seats inside a roll cage, with seat belts, and a steering wheel and a pickup truck style bed.

(Amend. of 7-14-2009, § 1(Exh. A))