At its most recent meeting, the Avondale City Council was split over how far proposed regulations on electric-driven devices should go. While council members generally agreed that new rules were needed to address safety concerns, they differed over how the restrictions could affect younger residents who rely on the devices for transportation.
“After further discussion with community members and people who work with kids a lot, they thought (age 10) was a little young, but 12 would be too high,” Councilmember Tina Conde said. “I think the educational piece would allow 11-year-olds a better idea of how to travel safely on their e-scooters.
“We have kids that need that transportation to get them to school.”
“I can appreciate the age as it is, 12, just because of everything we’ve heard from parents — you read on the news all of the accidents that are occurring and making sure that the youth are educated and parents are educated enough to share the rules of the road and other things,” Mayor Mike Pineda said. “I’m also aware of both sides of the issue in terms of responsibility and how many parents are actually taking the initiative to talk to their children — and I’m not quite sure that happens in every household, for one reason or another.”
Also on recommendation from Conde, the council considered an amendment to remove the closed-toe shoe requirement. She argued that the city mandating what footwear children use is an overstep on parental authority — also noting that she’d never seen any children wearing open-toe shoes while operating an electric-driven device anyway. Councilmember Max White agreed with the amendment, adding that the council should not impose additional barriers to play.
“If we let kids be kids and allow for parent choice in this aspect, I am voting to support that we don’t regulate that,” White said. “Our parents know what’s best and in a situation where kids are just playing, I think sometimes, we have to let them learn.
“If there aren’t any rules around drivers or other motorcyclists, I think we’re imposing.”
The age requirement was amended to 11 down from 12 years old in a 4-3 vote, while the amendment to remove the closed-toe shoe requirement passed unanimously. The ordinance passed with both amendments in a 7-0 vote.
As it stands, the proposed ordinance seeks to regulate the use of e-bikes, e-scooters and other electric-driven devices in the city of Avondale. The measure establishes minimum ages for operating certain devices. Riders under 16 years old would not be permitted to operate a class 3 e-bike, riders under 14 cannot operate a class 1 or 2 e-bike and riders under 11 cannot operate an e-scooter. Additionally, it dictates that riders must use the proper safety equipment — including helmets for riders under 16 years old, as well as functioning brakes and lights.
E-bike and e-scooter riders would be required to yield to vehicles, not exceed a maximum speed of 10 miles per hour on sidewalks, give audible warnings to nearby pedestrians and move with the flow of traffic. E-scooters, specifically, are not allowed to ride in the bike lane on roads with a speed limit exceeding 25 mph and must instead use the sidewalk. Certain areas such as parks, plazas, sports courts and vendor corridors will have their own specific restrictions — including complete prohibition — which may be indicated by posted signage.
Violations carry escalating civil penalties, including a $50 fee on the first violation, a $250 fine on the second and $500 on the third.
Under Arizona State Law, an e-bike is defined as “a two- or three-wheeled vehicle equipped with fully operable pedals and an electric motor of less than 750 watts.” Similarly, an e-scooter is defined as “a device that weighs under 75 pounds, features handlebars and a floorboard for standing, has two or three wheels and travels at a maximum speed of no more than 20 mph.” In the implementation of the new ordinance, the police department recommended adding a definition of electric-driven devices to the city code.
“Personal transportation device designed to carry one or more persons and propelled in whole, or in part, by an electric motor,” the definition reads. “An Electric Driven Device may have one or more wheels and may include, but is not limited to, electric bicycles, electric standup scooters, electric skateboards, self-balancing single-wheel devices and self-balancing multiwheel devices.
“This does not include medical mobility devices.”
Additionally, state law classifies e-bikes under three different types — Class 1, Class 2 and Class 3. A Class 1 e-bike’s motor provides assistance only while the rider is pedaling and stops providing assistance once the bicycle reaches 20 mph. A Class 2 e-bike can be propelled by its motor without the rider pedaling, but the motor stops providing assistance once the bicycle reaches 20 mph. Like a Class 1 e-bike, a Class 3 e-bike provides assistance only while the rider is pedaling but can continue providing assistance until the bicycle reaches 28 mph.
With the ordinance adopted, the city will undergo a six-month warning and educational period and the police department will undergo training as well.