ORDINANCE NO. 1178 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CLIVE, IOWA, 2024, BY AMENDING TITLE 6, CHAPTER 7 AND RETITLING SAID CHAPTER “PERSONAL TRANSPORTATION AND MOBILITY DEVICES.”

ORDINANCE NO. 1178 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CLIVE, IOWA, 2024, BY AMENDING TITLE 6, CHAPTER 7 AND RETITLING SAID CHAPTER "PERSONAL TRANSPORTATION AND MOBILITY DEVICES." Be It Enacted by the City Council of the City of Clive, Iowa: SECTION 1. CHAPTER TITLE AMENDED. Title 6, Chapter 7 of the Code of Ordinances of the City of Clive, Iowa, 2024, currently entitled "Bicycle Regulations and Registration," is hereby amended and retitled "Personal Transportation and Mobility Devices." SECTION 2. CHAPTER REPLACED. Title 6, Chapter 7 of the Code of Ordinances of the City of Clive, Iowa, 2024 is hereby amended by deleting the existing provisions of Chapter 7 and inserting in lieu thereof the following: CHAPTER 7 PERSONAL TRANSPORTATION AND MOBILITY DEVICES 6-7-1 PURPOSE. The purpose of this chapter is to establish regulations governing the operation of bicycles, low-speed electric bicycles, electric scooters, and other personal transportation devices on the City's streets, sidewalks, and multi-use trails, as authorized by Iowa Code Sections 321.235, 321.235A, 321.235B, and 321.236. 6-7-2 DEFINITIONS. The City of Clive hereby adopts the following definitions. Where definitions are derived from the Code of Iowa, the statutory language is incorporated herein. 1. "Bicycle" means either of the following: a. A device having up to four wheels and having at least one saddle or seat for the use of a rider which is propelled by human power. b. A low-speed electric bicycle. (Code of Iowa, Sec. 321.1.(40)(c) 2. "Bicycle lane" means a portion of a street designed for exclusive or preferential use by people using bicycles, electric scooters, or personal transportation devices. Bicycle lanes are distinguished from the portion of the street used for motor vehicle traffic by physical barriers, striping, marking, or other similar device. 3. "E-Moto or Electric Motorcycle" means a vehicle with a motor that produces more than 750 watts, designed to travel on not more than three wheels in contact with the ground, and capable of operating at speeds greater than thirty-nine miles per hour. 4. "Electric personal assistive mobility device" means a self-balancing, non-tandem two-wheeled device powered by an electric propulsion system that averages seven hundred fifty watts and is designed to transport one person, with a maximum speed on a paved level surface of less than twenty miles per hour. The maximum speed shall be calculated based on operation of the device by a person who weighs one hundred seventy pounds when the device is powered solely by the electric propulsion system. (Code of Iowa, Sec. 321.1(20B) 5. "Electric scooter" means a device weighing less than one hundred pounds that is equipped with two, or three wheels, with handlebars, with or without a seat or saddle, and an electric motor, and which is powered by the rider and/or by an electric motor capable of propelling the device without additional propulsion supplied by the rider, at a maximum speed on a paved level surface of no more than twenty miles per hour. 6. "Low-speed electric bicycle" means a device equipped with a saddle or seat for the use of a rider, having up to four wheels, fully operable pedals, and an electric motor that produces not more than seven hundred fifty watts and is classified in accordance with the following requirements of as defined in Iowa Code Section 321.1(36A): a. "Class 1 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that may be used to provide assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour or more. b. "Class 2 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches a speed of twenty miles per hour or more. c. "Class 3 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that may be used to provide assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour or more. (Code of Iowa, Sec. 321.1(36A) and 321.235B) 7. "Motorcycle" means every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including an E-Moto or Electric Motorcycle, but excluding a tractor, an autocycle, a low-speed electric bicycle, and a motorized bicycle. (Adapted from Code of Iowa, Sec. 321.1(40)(a) 8. "Motorized bicycle" means a motor vehicle having a saddle or seat for the use of a rider, designed to travel on not more than three wheels in contact with the ground, and not capable of operating at a speed in excess of thirty-nine miles per hour on level ground unassisted by human power, but excluding a low-speed electric bicycle. Motorized bicycles also include those devices with an electric motor having more than seven hundred fifty (750) watts of power. (Code of Iowa, Sec. 321.1(40)(b) 9. "Motor vehicle" means a vehicle which is self-propelled, but not including vehicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires and are not operated upon rails. (Code of Iowa, Sec. 321.1(42)(a) 10. "Multi-use trail" means a way or place, the use of which is controlled by the City as an owner of real property, or under the control of the City by easement, designated by the multi-use recreational trail maps as approved by resolution of the Council. A multi-use trail shall not be considered a street or highway. 11. "Other power-driven mobility device (OPDMD)" means any mobility device powered by batteries, fuel, or other engines that are used by individuals with mobility restrictions for the purpose of locomotion, including electric personal assistive mobility devices or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair or golf cart. 12. "Pedestrian" means a person afoot or a person using a pedestrian conveyance. (Code of Iowa, Sec. 321.1(51) 13. "Pedestrian conveyance" means any human-powered device by which a pedestrian may move other than by walking or by which a pedestrian may move another person, including but not limited to a wheelchair, stroller, skateboard, footpowered scooter, electric scooter, skates or other similar device. "Pedestrian conveyance" also includes an electric personal assistive mobility device and any other device used to move a person sitting or standing on the device regardless of whether the device is powered by an electric motor, so long as the electric motor produces not more than seven hundred fifty watts. "Pedestrian conveyance" does not include a bicycle. (Code of Iowa, Sec. 321.1(51A) 14. "Personal transportation device" means any bicycle, low-speed electric bicycle, pedestrian conveyance, or, other power-driven mobility devices (OPDMD) defined in this section. Personal Transportation Device does not include an E-Moto, electric motorcycle, motorized bicycle, motor vehicle, or motorcycle. 15. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel. (Code of Iowa, Sec. 321.1(65) 16. "Sidewalk" means a paved surface, separate from the street, in the right-of-way less than eight feet (8') in width under the jurisdiction and control of the local political subdivision thereof for use primarily by pedestrians. 17. "Skateboard" means a foot, motor, or wind-propelled vehicle consisting of a board which is guided by the rider standing upon it and pushing the same with foot power or operating it with motor or wind propulsion. 18. "Street" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic. (Code of Iowa 321.1(78) 19. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway. "Vehicle" does not include: a. Any device moved by human power. b. Any device used exclusively upon stationary rails or tracks. c. Any personal delivery device operated pursuant to Iowa Code Chapter 321O. d. Any integral part of another vehicle which is incapable of independently transporting persons or property. (Code of Iowa, Sec. 321.1(90) For purposes of this chapter, "device" means any product by which a person can ride in or upon, including but not limited to an electric personal assistive mobility device, low-speed electric bicycle, motorized bicycle, bicycle, or pedestrian conveyance. 6-7-3 STOPPING. 1. Every personal transportation device operated upon City streets, sidewalks, park roads, or multi-use trails shall be operated at a safe and reasonable speed for the conditions and shall be capable of coming to a complete stop within a safe distance. 2. Brakes Required. Every bicycle, electric scooter, low-speed electric bicycle, motorized bicycle, other or power-driven mobility device (OPDMD) shall be equipped with a brake which allows the device to come to a complete stop within a safe distance. (Code of Iowa, Sec. 321.236[10]) 6-7-4 OBEDIENCE TO TRAFFIC CONTROL DEVICES. Every person operating a personal transportation device shall obey official traffic signals, signs, and control devices applicable to vehicles unless otherwise directed by a police officer. If the operator dismounts and walks the device, the operator shall be subject to the regulations applicable to pedestrians. 6-7-5 CARRYING PACKAGES. No person operating a personal transportation device upon a street, sidewalk, park road, or multi-use trail shall carry any package, bundle, or article that prevents the operator from maintaining at least one hand upon the handlebars, if equipped, or otherwise maintaining reasonable control of the device. 6-7-6 MAINTAINING CONTROL. The operator of a personal transportation device shall maintain control of the device at all times and shall keep one or both hands on the handlebars or other control mechanism while operating the device. 6-7-7 PLACE OF RIDING. 1. Roadways and Streets a. Operators of personal transportation devices traveling on a roadway shall follow the same traffic laws applicable to drivers of motor vehicles unless otherwise provided by law. b. When permitted under 6-7-8 (1)(a), the use of any Pedestrian Conveyance is prohibited on any City of Clive roadways or streets which have a speed limit of greater than 25 mph. c. This section does not apply to devices used in parades or special events authorized by the City. 2. Public Sidewalks and Multi-Use Trails a. Personal transportation devices, including bicycles, electric bicycles, electric personal assistive mobility devices, and pedestrian conveyances may be operated on public sidewalks and multi-use trails unless otherwise prohibited by posted signage. b. Motorized Bicycles and E-Motos shall not be operated on public sidewalks or multi-use trails. c. A person shall not operate a Personal Transportation Device on a multi-use trail or public sidewalk in excess of the posted or applicable speed limit, or if there is no posted or applicable speed limit, twenty miles per hour. d. OPDMDs may be operated by persons with mobility impairments on sidewalks, provided such use does not damage City infrastructure or create a safety hazard. e. Public Land: Personal Transportation Devices, E-Motos and Motorized Bicycles are prohibited from being operated upon any public land owned by the City where signs explicitly prohibit such operation. 6-7-8 TRAFFIC CODE APPLIES. 1. Every person operating a personal transportation device upon a roadway or within a bicycle lane shall be subject to the provisions of Iowa Code Chapter 321 and shall have the same rights and duties applicable to the driver of a vehicle, except those provisions that by their nature have no application. 2. Bicycles and pedestrian conveyances are not subject to registration, titling, inspection, or proof of financial liability requirements under Iowa Code Chapter 321. 3. E-Motos, Electric Motorcycles and Motorized Bicycles are subject to registration, licensure, titling, inspection, and proof of financial liability coverage provisions of Code of Iowa, Chapter 321. 4. No personal transportation device shall be equipped with or use a siren or whistle, except bicycles or other personal transportation devices operated by peace officers in the performance of official duties. 5. Lights and Reflectors. a. Every bicycle, electric personal assistive mobility device, and electric scooter when in use between sunset and sunrise or when weather conditions provide insufficient lighting to render clearly discernable persons and vehicles on the road at a distance of 300 feet ahead, shall be equipped with a lamp on the front emitting a white light visible from a distance of at least three hundred (300) feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of 300 feet to the rear except that a red reflector on the rear, may be used in lieu of a rear light. The lamps or reflectors may be attached to the rider of the device rather than the device itself provided the visibility requirements are met. A peace officer riding a police bicycle is not required to use either front or rear lamps if duty so requires. (Code of Iowa, Sec. 321.384 and Sec. 321.397) b. Equivalent equipment such as headlamps and red-light attachments to the head, back, arm, or leg may be used in lieu of a lamp on the front and a red light on the rear of the device. 6-7-9 RESPONSIBLE RIDING. 1. Emerging from Alley or Driveway. The operator of a Personal Transportation Device emerging from an private roadway, alley, multi-use trail, sidewalk, driveway or building shall stop such PTD immediately prior to driving onto the sidewalk area, and upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles or other users of Personal Transportation Devices present or approaching on said roadway, unless such intersection is controlled by a traffic control device, in which case the user shall obey the traffic control device. (adapted from Code of Iowa, Sec. 321.353) 2. Right of way. Riders of Personal Transportation Devices being operated on multiuse trails or public sidewalks shall yield right of way to pedestrians, humanpowered bicycles, and other human-powered conveyances. Riders of bicycles and other human powered devices shall yield right of way to pedestrians. 3. Improper Riding. a. A person shall not ride a personal transportation device other than upon or astride a permanent and regular seat if the device is designed with a seat, nor shall a device be used to carry more persons than the number for which it is designed and equipped. b. This section does not apply to the use of a personal transportation device in a parade or special event authorized by the City. 4. Clinging to Vehicles. No person shall attach themselves or a personal transportation device to any moving vehicle. 5. Following Emergency Vehicles. No person shall follow within five hundred feet of an emergency vehicle responding to an emergency. 6. Parking. No personal transportation device shall be parked or left on a sidewalk or multi-use trail in a manner that obstructs an ADA compliant pedestrian traffic path. 7. Reckless Operation. No person shall operate a personal transportation device with willful or wanton disregard for the safety of persons or property. 8. Giving audible notice. When possible and appropriate, the operator of a personal transportation device shall attempt to provide audible indication that they are approaching another pedestrian or operator of a personal transportation device from behind. 9. Hand Signals. Riders of Personal Transportation Devices may, but shall not be required to, signal their turning movements and stopping with their hands and arms as follows: a. Left Turn - left hand and arm extended horizontally to the left. b. Right turn - left hand and arm extended upward to the left or right hand and arm extended horizontally to the right. c. Stopping or slowing - left hand and arm extended downward. 10. Electric Personal Assistive Mobility Devices. A person under the age of sixteen shall not operate an electric personal assistive mobility device. (Code of Iowa, Sec. 321.235A) 11. Class 3 Low-Speed Electric Bicycles. A person under the age of sixteen shall not operate a class 3 low-speed electric bicycle. A person under the age of sixteen may ride as a passenger on a class 3 lowspeed electric bicycle. (Code of Iowa, Sec. 321.235B[6]) 6-7-10 ACTIONS AGAINST PERSONAL TRANSPORTATION DEVICES. 1. A person operating a motor vehicle shall not steer the motor vehicle unreasonably close to or toward a pedestrian or a person riding Personal Transportation Device on a roadway or street, including the adjacent shoulder. 2. A person shall not knowingly project any object or substance at or against a pedestrian or a person using a Personal Transportation Device on a roadway or street, adjacent shoulder, sidewalk, multi-use trail, or any other location. (Code of Iowa, Sec. 321.281) 6-7-11 MOTOR VEHICLE OPERATIONS 1. Bicycle lane right-of-way. Operators of all motor vehicles shall yield the right-of-way to Personal Transportation Devices in a designated bicycle lane and shall not operate a motor vehicle within a bicycle lane, unless provisions of law establish other requirements and regulations at intersections and other places affecting such bicycle lanes, then such other provision of law shall control. No person shall drive a motor vehicle in a bicycle lane established on a roadway or street except as follows: a. To prepare for a turn within a distance of 200 feet from the intersection. 2. Lateral Passing Distance. The driver of a motor vehicle overtaking a Personal Transportation Device that is traveling on a paved shoulder or in a bicycle lane, should give at least three feet of lateral passing distance between the outside of the vehicle and the rider and device. 3. Opening Doors. No person shall open any door of a motor vehicle located on a roadway or street without first taking precaution to ensure that this action does not interfere with the movement of traffic or endanger any other person or vehicle. In addition, no person shall leave open any door of a motor vehicle located on a roadway for a period of time longer than necessary to load or unload passengers or cargo. 4. Yield to persons in crosswalks. The driver of a motor vehicle shall yield right-of-way, slowing down or stopping if need be to so yield, to a pedestrian or person dismounted from a Personal Transportation Device, or a person mounted on a Personal Transportation Device within any marked crosswalk or unmarked crosswalk at an intersection. 5. Parking. Drivers of motor vehicles shall not park in bicycle lanes, Trails, or multi-use trails. 6-7-12 SCOPE OF REGULATIONS. These regulations shall apply whenever any Personal Transportation Device is operated upon any public land, street, roadway, park road, any multi-use trail, sidewalk, or in any bicycle lane or path, subject to those exceptions and regulations stated herein. 6-7-13 VIOLATIONS; PENALTY. Violations of this chapter constitute a simple misdemeanor punishable by a fine of twenty-five (25) dollars and any applicable surcharges and costs. SECTION 3. REPEALER. All parts of the "CODE OF ORDINANCES OF THE CITY OF CLIVE, IOWA, 2024" in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY CLAUSE. If any section, provision, sentence, clause, phrase, or part of this ordinance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole. SECTION 5. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. PASSED AND APPROVED by the City Council on the 9th day of July 2026. Matthew D. Graham, City Clerk John Edwards, Mayor July 15 2026 LIOW0555082