ORDINANCE NO. 2986 AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, AMENDING THE CODE OF GILBERT, ARIZONA, CHAPTER 62 TRAFFIC AND VEHICLES, ARTICLE IV BICYCLES AND MICROMOBILITY DEVICES, AND ARTICLE V MOTORIZED PLAY VEHICLES AND MOTORIZED SKATEBOARDS, PROVIDING FOR PENALTIES, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, AND DECLARING AN EMERGENCY. BE IT ORDAINED by the Common Council of the Town of Gilbert, Arizona, as follows: Section I. Article IV, in General. The Code of Gilbert, Arizona, CHAPTER 62 TRAFFIC AND VEHICLES, ARTICLE IV BICYCLES AND MICROMOBILITY DEVICES, DIVISION 1 GENERALLY, is hereby repealed in its entirety and replaced to read as follows: CHAPTER 62 TRAFFIC AND VEHICLES, ARTICLE IV BICYCLES, ELECTRIC BICYCLES, AND OTHER TRANSPORTATION DEVICES DIVISION 1. GENERALLY Sec. 62-101. Definitions. The following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them in this section or in A.R.S. Title 28, as may be amended, 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: All-terrain vehicle has the same meaning prescribed in A.R.S. § 28-101. Autocycle has the same meaning prescribed in A.R.S. § 28-101. Bicycle has the same meaning prescribed in A.R.S. § 28-101. Bicycle lane means a path or lane specifically designated for the preferential or exclusive use of bicycles, electric bicycles, and electric standup scooters. Crosswalk has the same meaning prescribed in A.R.S. § 28-601. Electric bicycle has the same meaning prescribed in A.R.S. § 28-101. (a) Class 1 electric bicycle has the same meaning prescribed in A.R.S. § 28-101. (b) Class 2 electric bicycle has the same meaning prescribed in A.R.S. § 28-101. (c) Class 3 electric bicycle has the same meaning prescribed in A.R.S. § 28-101. Electric miniature scooter has the same meaning prescribed in A.R.S. § 28-101. Electric personal assistive mobility device has the same meaning prescribed in A.R.S. § 28-101. Electric standup scooter has the same meaning prescribed in A.R.S. § 28-101. Golf cart has the same meaning prescribed in A.R.S. § 28-101. Intersection has the same meaning prescribed in A.R.S. § 28-601. Moped has the same meaning prescribed in A.R.S. § 28-101. Motorcycle has the same meaning prescribed in A.R.S. § 28-101. Motor driven cycle has the same meaning prescribed in A.R.S.§ 28-101. Motorized quadricycle has the same meaning prescribed in A.R.S. § 28-101. Motor vehicle has the same meaning prescribed in A.R.S. § 28-101. Motorized skateboard has the same meaning prescribed in A.R.S. § 28-101. Motorized wheelchair has the same meaning prescribed in A.R.S. § 28-101. 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. Neighborhood electric shuttle has the same meaning prescribed in A.R.S. § 28-101. Neighborhood electric vehicle has the same meaning prescribed in A.R.S. § 28-101. Off-road recreational motor vehicle has the same meaning prescribed in A.R.S. § 28-101. Owner has the same meaning prescribed in A.R.S. § 28-101 and also applies to an all-terrain vehicle, an autocycle, a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a golf cart, a moped, a motorcycle, a motor driven cycle, a motorized quadricycle, a motor vehicle, a motorized skateboard, a motorized wheelchair, a neighborhood electric shuttle, a neighborhood electric vehicle, an off-road recreational motor vehicle, and a vehicle. Park has the same meaning prescribed in A.R.S. § 28-601. Pedestrian has the same meaning prescribed in A.R.S. § 28-101. Person means an individual, firm, association, partnership, joint venture, or corporation. Personal mobile cargo carrying device has the same meaning prescribed in A.R.S. § 28-101. Sidewalk has the same meaning prescribed in A.R.S. § 28-601. 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. Stop has the same meaning prescribed in A.R.S. § 28-601. Stop, stopping or standing has the same meaning prescribed in A.R.S. § 28-601. Town property means any property, facility or improvement that is owned, leased, operated, maintained or managed by the town. Vehicle has the same meaning prescribed in A.R.S. § 28-101. Cross reference(s)—Definitions generally, § 1-2. Sec. 62-102. Applicability of Article. Unless a different place is specifically provided within a section, the provisions of this Article apply equally to private and public property within the boundary lines of the Town. Sec. 62-103. Display of Article provisions; Purchasing restrictions. (a) Every person and entity engaged in the business of selling or being a rental agency of a new or used all-terrain vehicle, autocycle, bicycle, electric bicycle, electric miniature scooter, electric personal assistive mobility device, electric standup scooter, golf cart, moped, motorcycle, motor driven cycle, motorized quadricycle, motorized skateboard, neighborhood electric shuttle, neighborhood electric vehicle, and off-road recreational motor vehicle, shall take proactive measures to inform its customers about applicable rules and regulations and shall provide a copy of article IV to its customers, either in paper format or by means of a website or mobile application. No company shall engage in the business of selling or renting an all-terrain vehicle, an autocycle, a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a golf cart, a moped, a motorcycle, a motor driven cycle, a motorized quadricycle, a motor vehicle, a motorized skateboard, a motorized wheelchair, a neighborhood electric shuttle, a neighborhood electric vehicle, an off-road recreational motor vehicle, or a vehicle on property or rights-of-way of the town without express permission of the town. (b) Every person or entity engaged in the business of selling or being a rental agency of a new or used Class 3 electric bicycle is prohibited from selling, delivering, transferring, or giving a Class 3 electric bicycle to anyone under eighteen (18) years of age. Evidence that a person examined acceptable evidence of age and acted upon such evidence in a transaction or sale shall be a defense to any prosecution under this subsection. This subsection does not apply to the transfer of a Class 3 electric bicycle from a parent to child, guardian to ward, employer to employee, teacher to student, or in any other similar relationship when such transfer is for a lawful purpose. (c) Violations of this section are civil traffic violations and shall be prosecuted as provided in section 1-5 of this Code. Sec. 62-104. Applicability of traffic laws. (a) A person may only operate an all-terrain vehicle, an autocycle, a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a golf cart, a moped, a motorcycle, a motor driven cycle, a motorized quadricycle, a motor vehicle, a motorized skateboard, a motorized wheelchair, a neighborhood electric shuttle, a neighborhood electric vehicle, an off-road recreational motor vehicle, or a vehicle as permitted by A.R.S. Title 28 and except as restricted by the provisions of this Chapter. (b) Nothing in this Chapter shall be interpreted to mean that, by designating permissible areas of operation, the Town is deeming such areas as suitable or safe for any particular all-terrain vehicle, autocycle, bicycle, electric bicycle, electric miniature scooter, electric personal assistive mobility device, electric standup scooter, golf cart, moped, motorcycle, motor driven cycle, motorized quadricycle, motor vehicle, motorized skateboard, motorized wheelchair, neighborhood electric shuttle, neighborhood electric vehicle, off-road recreational motor vehicle, or vehicle. Each person operating an all-terrain vehicle, an autocycle, a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a golf cart, a moped, a motorcycle, a motor driven cycle, a motorized quadricycle, a motor vehicle, a motorized skateboard, a motorized wheelchair, a neighborhood electric shuttle, a neighborhood electric vehicle, an off-road recreational motor vehicle, or a vehicle shall be responsible for complying with the manufacturer's safety guidelines and recommendations. (c) The owner of an all-terrain vehicle, an autocycle, a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a golf cart, a moped, a motorcycle, a motor driven cycle, a motorized quadricycle, a motor vehicle, a motorized skateboard, a motorized wheelchair, a neighborhood electric shuttle, a neighborhood electric vehicle, an off-road recreational motor vehicle, or a vehicle shall be responsible for all damage to public property caused by the all-terrain vehicle, autocycle, bicycle, electric bicycle, electric miniature scooter, electric personal assistive mobility device, electric standup scooter, golf cart, moped, motorcycle, motor driven cycle, motorized quadricycle, motor vehicle, motorized skateboard, motorized wheelchair, neighborhood electric shuttle, neighborhood electric vehicle, off-road recreational motor vehicle, or vehicle. (d) The town shall have the authority to issue a civil citation to any person deemed in violation of this section pursuant to section 1-5 of the Gilbert Municipal Code. Sec. 62-105. Restrictions. (a) Except as otherwise stated in this Chapter, a person shall not operate an all-terrain vehicle, an autocycle, a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a golf cart, a moped, a motorcycle, a motor driven cycle, a motorized quadricycle, a motor vehicle, a motorized skateboard, a motorized wheelchair, a neighborhood electric shuttle, a neighborhood electric vehicle, an off-road recreational motor vehicle, or a vehicle in the following locations or manners: (1) Within or upon any area or in any manner that A.R.S. Title 28 prohibits. (2) Within or upon any area where signage prohibits such operation. The Town engineer, or his or her designee, is authorized to erect signs along any roadway or sidewalk prohibiting the riding of a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, or a motorized skateboard thereon by any person, and, when such signs are in place, no person shall disobey the same. (3) Within or upon any bicycle lane, except that a bicycle, an electric bicycle, an electric miniature scooter, and an electric standup scooter shall be permitted in bicycle lanes. (4) Within or upon any sidewalk, except for use in crossing such sidewalk by the most direct route to gain access to any public or private road or driveway, and except that a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a motorized skateboard, a motorized wheelchair, and a personal mobile cargo carrying device shall be permitted within or upon any sidewalk, subject to the following restrictions: a. Operators shall yield the right-of-way to pedestrians and other users by slowing down, stopping, or moving to the opposite side of the path, sidewalk, or other applicable travelway. b. The operator shall give an audible warning before overtaking and passing such pedestrian. The audible warning may be given by voice or by a bell or other lawful device capable of giving an audible signal to the person or persons being overtaken and passed. (5) Within or upon any town park or multi-use path, except for use on public roadways within such park, and except for a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a motorized skateboard, a motorized wheelchair, and a personal mobile cargo carrying device, subject to the following restrictions: a. Operators shall yield the right-of-way to pedestrians and other users by slowing down, stopping, or moving to the opposite side of the path, sidewalk, or other applicable travelway. b. The operator shall give an audible warning before overtaking and passing such pedestrian. The audible warning may be given by voice or by a bell or other lawful device capable of giving an audible signal to the person or persons being overtaken and passed. (6) When upon an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a moped, a motorized skateboard, or a motorized wheelchair within or upon any roadways. This subsection does not apply to roadways with a speed limit of 25 miles per hour or less, and that lack both a bicycle lane or sidewalk. (7) When failing to obey the instructions of official traffic-control signals, signs, and other traffic direction devices applicable to vehicles, unless otherwise directed by a police officer. (8) When failing to remain at a safe distance or following too closely behind pedestrians and vehicles. (9) When attached to any other motor vehicle or vehicle. (10) When carrying any package, bundle, or other item that prevents the operator from effectively steering. (11) When any alterations that materially affect safe operations have been made from the original manufacturer's design. (12) When allowing passengers, unless designed by the manufacturer to allow for passengers. (13) When used at nighttime and not equipped with and displaying: a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front; a lamp that emits a red light visible from a distance of 500 feet to the rear, and a red reflector on the rear that is visible from all distances from 50 feet to 300 feet to the rear when the reflector is directly in front of lawful upper beams of head lamps on a motor vehicle. (14) When equipped with a siren or whistle, except as equipped with an anti-theft alarm. (15) When equipped without a brake adequate to control the movement and for stopping and holding the all-terrain vehicle, autocycle, bicycle, electric bicycle, electric miniature scooter, electric personal assistive mobility device, electric standup scooter, golf cart, moped, motorcycle, motor driven cycle, motorized quadricycle, motor vehicle, motorized skateboard, motorized wheelchair, neighborhood electric shuttle, neighborhood electric vehicle, off-road recreational motor vehicle, or vehicle. (b) Age restrictions: (1) No person under twelve (12) years of age may operate a Class 1 or 2 electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, or an electric standup scooter. (2) No person under sixteen (16) years of age may operate a Class 3 electric bicycle. (c) Violations of these sections are civil traffic violations and shall be prosecuted as provided in section 1-5 of this Code. Sec. 62-106. Parking. (a) No person shall park an all-terrain vehicle, an autocycle, a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a golf cart, a moped, a motorcycle, a motor driven cycle, a motorized quadricycle, a motor vehicle, a motorized skateboard, a motorized wheelchair, a neighborhood electric shuttle, a neighborhood electric vehicle, an off-road recreational motor vehicle, or a vehicle in a manner that violates Chapter 54 or Chapter 62 of this Code. (b) Violations of this section are civil traffic violations and shall be prosecuted as provided in section 1-5 of this Code. Sec. 62-107. Speed. (a) A person shall not operate an all-terrain vehicle, an autocycle, a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a golf cart, a moped, a motorcycle, a motor driven cycle, a motorized quadricycle, a motor vehicle, a motorized skateboard, a motorized wheelchair, a neighborhood electric shuttle, a neighborhood electric vehicle, an off-road recreational motor vehicle, or a vehicle at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. (b) A person shall control the speed of an all-terrain vehicle, an autocycle, a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a golf cart, a moped, a motorcycle, a motor driven cycle, a motorized quadricycle, a motor vehicle, a motorized skateboard, a motorized wheelchair, a neighborhood electric shuttle, a neighborhood electric vehicle, an off-road recreational motor vehicle, or a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others. (c) A person shall not operate a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a motorized skateboard, a motorized wheelchair, or a personal mobile cargo carrying device within or upon any sidewalk at a speed greater than 15 miles per hour. (d) A person shall not operate a bicycle, an electric bicycle, an electric miniature scooter, an electric personal assistive mobility device, an electric standup scooter, a motorized skateboard, a motorized wheelchair, or a personal mobile cargo carrying device, within or upon any town park or multi-use path at a speed greater than 15 miles per hour. (e) Violations of this section are civil traffic violations and shall be prosecuted as provided in section 1-5 of this Code. Sec. 62-108. Helmets required. (a) An operator or passenger of an all-terrain vehicle, an autocycle, a bicycle, an electric bicycle, an electric miniature scooter, an electric standup scooter, a moped, a motorcycle, a motor driven cycle, a motorized quadricycle, a motorized skateboard, or an off-road recreational motor vehicle who is under eighteen (18) years of age shall wear a fitted and fastened protective helmet on the operator's or passenger's head in an appropriate manner. The protective helmet shall be safely secured while the operator or passenger is operating or riding on the all-terrain vehicle, autocycle, bicycle, electric bicycle, electric miniature scooter, electric standup scooter, moped, motorcycle, motor driven cycle, motorized quadricycle, motorized skateboard, or off-road recreational motor vehicle. (b) Violations of this section are civil traffic violations and shall be prosecuted as provided in section 1-5 of this Code. Sec. 62-109. Responsibility of parents, guardians, and custodians. (a) No person shall, if a parent, guardian, or custodian of a person under the age of eighteen (18), authorize or knowingly permit any person under the age of eighteen (18) to violate this Article. (b) Violations of this section are civil traffic violations and shall be prosecuted as provided in section 1-5 of this Code. Sec. 62-110. Riding, operating or actual physical control while under the influence; presumptions; admissible evidence; sentencing. (a) It is unlawful for a person to ride, operate or be in actual physical control of an electric bicycle, an electric miniature scooter, an electric standup scooter, or devices moved by human power under any of the following circumstances: 1. While under the influence of intoxicating liquor, any drug, a vapor-releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree. 2. If the person has an alcohol concentration of 0.08 or more within two hours of riding, operating or being in actual physical control of the electric bicycle, motorized bicycle, motorized skateboard, motorized play vehicle or stand-up electric mini-scooter and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the electric bicycle, motorized bicycle, motorized skateboard, motorized play vehicle or stand-up electric mini-scooter 3. While there is any drug defined in Arizona Revised Statutes Section 13-3401 or its metabolite in the person's body. (b) It is not a defense to a charge of a violation of subsection (a), paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this State. (c) A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor. (d) A person using a drug as prescribed by a medical practitioner who is licensed pursuant to Arizona Revised Statutes Title 32 and who is authorized to prescribe the drug is not guilty of violating subsection (a), paragraph (3) of this section. (e) In a trial, action or proceeding for a violation of this section, the defendant's alcohol concentration within two hours of the time of riding, operating or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions: 1. If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor. 2. If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant's blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. 3. If there was at that time 0.08 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor. (f) Subsection (e) of this section does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor. (g) A person who is convicted of a violation of this section: 1. Shall be sentenced to serve not less than five (5) consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served. 2. Shall pay a fine of not less than two hundred fifty (250) dollars. 3. May be ordered by a court to perform community restitution. (h) Notwithstanding subsection (g), paragraph 1 of this section, at the time of sentencing the judge may suspend all but twenty-four hours (24) of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served. Sec. 62-111. Reckless riding; sentencing. (a) It is unlawful for a person to ride or operate an electric bicycle, an electric miniature scooter, an electric standup scooter, or devices moved by human power with reckless disregard for the safety of persons or property. 1. Reckless riding may include one or more of the following actions while operating an electric bicycle, an electric miniature scooter, an electric standup scooter, or devices moved by human power: a. Violating any Town of Gilbert Municipal Code, Arizona Revised Statute, or other existing law. b. Disobeying posted signs or signals. c. Riding on a sidewalk without due caution for pedestrians. d. Riding on a sidewalk or bicycle lane against the flow of traffic. e. Failing to yield to vehicles or pedestrians. f. Intentionally swerving or riding around stopped or slowed traffic. g. Carrying passengers on an electric bicycle, an electric miniature scooter, an electric standup scooter, or a device moved by human power not designed for multiple riders. h. Riding without a properly fitted and fastened helmet if the rider is under the age of eighteen (18). i. Intentionally lifting one or more wheels into the air while riding. j. Riding on a bicycle lane, multi-use path, or sidewalk at a speed greater than the posted speed limit, or at a speed greater than reasonable and prudent under the existing conditions. k. Operating while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while operating the electric bicycle, electric miniature scooter, electric standup scooter, or device moved by human power. l. Operating while attached to any motor vehicle or vehicle. m. Operating when carrying any package, bundle, or other item that prevents the operator from effectively steering. n. Operating an electric bicycle, electric miniature scooter, or electric standup scooter that has been tampered with or modified to increase the speed capability of the device. o. Operating an electric bicycle, an electric miniature scooter, an electric standup scooter, or devices moved by human power, while under the influence of alcohol, drugs, or other intoxicating substance. p. Intentionally or knowingly creating electric bicycle, electric miniature scooter, or electric standup scooter tire markings on public or private property. q. This list is not all-inclusive, and other actions may be considered. (b) A violation of this section is a class one misdemeanor. Sec. 62-112. Failing or refusing to stop for law enforcement; sentencing. (a) It is unlawful for a person to knowingly fail or refuse to stop after being given a visual or audible signal or instruction by a peace officer or duly authorized agent of a traffic enforcement agency, or to wilfully flee or attempt to elude a pursuing official law enforcement vehicle. (b) A violation of this section is a class one misdemeanor. Sec. 62-113. Police Department Safety Program. (a) An individual who is issued a citation for a civil traffic violation of this Article may attend and successfully complete the Gilbert Police Department’s Gilbert Transportation Device Safety Program, in lieu of a responsible finding and fine, as follows: 1. If the defendant is under the age of eighteen (18), the defendant and their parent or guardian shall appear on the date and time indicated on the Arizona Traffic Ticket and Complaint and request to complete the Gilbert Police Department’s Gilbert Transportation Device Safety Program. Both the defendant and their parent or guardian will be required to successfully complete the Gilbert Police Department’s Gilbert Transportation Device Safety Program prior to their next court date. 2. If the defendant is eighteen (18) years of age or older, the defendant may either complete the Gilbert Police Department’s Gilbert Transportation Device Safety Program prior to the date and time indicated on the citation or may appear on the date and time indicated on the Arizona Traffic Ticket and Complaint and request time to complete the Gilbert Police Department’s Gilbert Transportation Device Safety Program prior to their next court date. 3. If the Gilbert Police Department’s Gilbert Transportation Device Safety Program option is successfully completed by the time initially provided by this section or by the Court, the fine designated by the Court will not be imposed, and any civil violations of this Article cited on the Arizona Traffic Ticket and Complaint shall be dismissed. Any other violations cited on the Arizona Traffic Ticket and Complaint not contained within this Article shall proceed through the normal processes of the Gilbert Municipal Court. 4. If the Gilbert Police Department’s Gilbert Transportation Device Safety Program is not completed in the time initially provided by the Court, the Court shall impose a finding of responsibility and a fine. 5. A defendant who completed the Gilbert Police Department’s Gilbert Transportation Device Safety Program pursuant to this section is not eligible to attend the Gilbert Police Department’s Gilbert Transportation Device Safety Program again within twelve (12) months from the day of the last violation for which the person was authorized by this section to attend the Gilbert Police Department’s Gilbert Transportation Device Safety Program. 6. A person sentenced for a violation of sections 62-109, 62-110, and 62-111 may be required to complete the Gilbert Police Department’s Gilbert Transportation Device Safety Program in addition to any fines, jail, community restitution, as a term of any probationary period imposed, or any other sentence by the court. 7. The Court shall impose a fee for the administration of the Gilbert Police Department’s Gilbert Transportation Device Safety Program. Sec. 62-114. Exemptions. (a) This Article does not apply to local, county, state, or federal employees while in the course of their official duties. Secs. 62-115—62-125. Reserved. Section II. Providing for Sanctions. Any person found responsible for violating any section of these ordinances that is classified as a civil traffic violation shall be subject to the civil sanctions and habitual offender provisions set forth in Section 1-5 of the Gilbert Municipal Code. Each day a violation continues, or the failure to perform any act or duty required by the Municipal Code or by the Town of Gilbert Municipal Court continues, shall constitute a separate civil offense. Any person found guilty of violating any section of these ordinances that is classified as a class one misdemeanor, upon conviction thereof, shall be punishable by a fine not to exceed Two Thousand Five Hundred Dollars ($2,500) or by imprisonment for a period not to exceed six (6) months, or both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein described. Section III. Article V, in General. The Code of Gilbert, Arizona, CHAPTER 62 TRAFFIC AND VEHICLES, ARTICLE V MOTORIZED PLAY VEHICLES AND MOTORIZED SKATEBOARDS is hereby repealed in its entirety. Section IV. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference are hereby repealed. Section V. Declaring an Emergency The immediate operation of the provisions of this Ordinance is necessary for the preservation of the public peace, health and safety of the Town of Gilbert, and an emergency is hereby declared to exist. This Ordinance shall be in full force and effect from and after its passage, adoption, and approval by the Common Council of the Town of Gilbert. PASSED AND ADOPTED by the Common Council of the Town of Gilbert, Arizona, this 9th day of June, 2026, by the following vote: AYES: Anderson, Bongiovanni, Buchli, Buckland, Koprowski, Lyons, Torgeson NAYS: _____ ABSENT: _____ EXCUSED: ____ ABSTAINED: _____ APPROVED this 9th day of June, 2026. Scott Anderson, Mayor ATTEST: Chaveli Herrera, Town Clerk APPROVED AS TO FORM: Christopher W. Payne, Town Attorney I, CHAVELI HERRERA, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. 2986 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 9TH DAY OF JUNE, 2026, WAS POSTED IN ONE PLACE ON THE 10th DAY OF June, 2026. Chaveli Herrera, Town Clerk Pub: June 18, 25, 2026