STATE OF NEW YORK ________________________________________________________________________ 6029 2017-2018 Regular Sessions IN SENATE May 10, 2017 ___________ Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, the administrative code of the city of New York, the highway law and the general municipal law, in relation to the regulation of electric assisted bicycles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 102-c to read as follows: 3 § 102-c. Electric assisted bicycle. A bicycle equipped with fully 4 operable pedals and an electric motor with an output of less than seven 5 hundred fifty watts (one horsepower) whereby such electric motor engages 6 only when the operator is pedaling and disengages or ceases to function 7 when such bicycle's brakes are applied, the operator stops pedaling, or 8 such bicycle achieves a speed of twenty miles per hour or more. 9 § 2. Section 121-b of the vehicle and traffic law, as amended by chap- 10 ter 160 of the laws of 1981, is amended to read as follows: 11 § 121-b. Limited use motorcycle. A limited use vehicle having only two 12 or three wheels, with a seat or saddle for the operator, except electric 13 assisted bicycles as defined in section one hundred two-c of this arti- 14 cle. A limited use motorcycle having a maximum performance speed[,] of 15 more than thirty miles per hour but not more than forty miles per hour 16 shall be a class A limited use motorcycle. A limited use motorcycle 17 having a maximum performance speed of more than twenty miles per hour 18 but not more than thirty miles per hour, shall be a class B limited use 19 motorcycle. A limited use motorcycle having a maximum performance speed 20 of not more than twenty miles per hour shall be a class C limited use 21 motorcycle. 22 § 3. Section 125 of the vehicle and traffic law, as amended by chapter 23 365 of the laws of 2008, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11510-02-7

S. 6029 2 1 § 125. Motor vehicles. Every vehicle operated or driven upon a public 2 highway which is propelled by any power other than muscular power, 3 except (a) electrically-driven mobility assistance devices operated or 4 driven by a person with a disability, (a-1) electric personal assistive 5 mobility devices operated outside a city with a population of one 6 million or more, (b) vehicles which run only upon rails or tracks, (c) 7 snowmobiles as defined in article forty-seven of this chapter, [and] (d) 8 all terrain vehicles as defined in article forty-eight-B of this 9 chapter, and (e) electric assisted bicycles as defined in section one 10 hundred two-c of this article. For the purposes of title four of this 11 chapter, the term motor vehicle shall exclude fire and police vehicles 12 other than ambulances. For the purposes of titles four and five of this 13 chapter the term motor vehicles shall exclude farm type tractors and all 14 terrain type vehicles used exclusively for agricultural purposes, or for 15 snow plowing, other than for hire, farm equipment, including self-pro- 16 pelled machines used exclusively in growing, harvesting or handling farm 17 produce, and self-propelled caterpillar or crawler-type equipment while 18 being operated on the contract site. 19 § 4. Section 159 of the vehicle and traffic law is amended to read as 20 follows: 21 § 159. Vehicle. Every device in, upon, or by which any person or prop- 22 erty is or may be transported or drawn upon a highway, except devices 23 moved by human power or used exclusively upon stationary rails or tracks 24 and electric assisted bicycles as defined in section one hundred two-c 25 of this article. 26 § 5. Section 1230 of the vehicle and traffic law, subdivision (b) as 27 amended by chapter 694 of the laws of 1995, is amended to read as 28 follows: 29 § 1230. Effect of regulations. (a) The parent of any child and the 30 guardian of any ward shall not authorize or knowingly permit any such 31 child or ward to violate any of the provisions of this article. 32 (b) These regulations applicable to bicycles, electric assisted bicy- 33 cles, or to in-line skates shall apply whenever a bicycle or electric 34 assisted bicycle is, or in-line skates are, operated upon any highway, 35 upon private roads open to public motor vehicle traffic and upon any 36 path set aside for the exclusive use of bicycles, electric assisted 37 bicycles, or in-line skates, or [both] all. 38 § 6. Section 1231 of the vehicle and traffic law, as amended by chap- 39 ter 694 of the laws of 1995, is amended to read as follows: 40 § 1231. Traffic laws apply to persons riding bicycles or electric 41 assisted bicycles or skating or gliding on in-line skates. Every person 42 riding a bicycle or electric assisted bicycle or skating or gliding on 43 in-line skates upon a roadway shall be granted all of the rights and 44 shall be subject to all of the duties applicable to the driver of a 45 vehicle by this title, except as to special regulations in this article 46 and except as to those provisions of this title which by their nature 47 can have no application. 48 § 7. Section 1232 of the vehicle and traffic law is amended to read as 49 follows: 50 § 1232. Riding on bicycles and electric assisted bicycles. (a) A 51 person propelling a bicycle or electric assisted bicycle shall not ride 52 other than upon or astride a permanent and regular seat attached there- 53 to, nor shall he ride with his feet removed from the pedals. 54 (b) No bicycle or electric assisted bicycle shall be used to carry 55 more persons at one time than the number for which it is designed and 56 equipped.

S. 6029 3 1 § 8. The vehicle and traffic law is amended by adding a new section 2 1232-a to read as follows: 3 § 1232-a. Additional requirements for operating an electric assisted 4 bicycle. (a) No person shall operate or park an electric assisted bicy- 5 cle on any public highway or street in this state unless a label is 6 permanently affixed, in a prominent location, on such person's electric 7 assisted bicycle. Such label shall contain the maximum speed, and motor 8 wattage of the electric assisted bicycle, and shall be printed in arial 9 font in at least nine-point type. On and after January first, two thou- 10 sand eighteen, manufacturers and distributors of electric assisted bicy- 11 cles shall apply a label that is permanently affixed, in a prominent 12 location, to each electric assisted bicycle. The label shall contain the 13 top assisted speed, and motor wattage of electric assisted bicycle, and 14 shall be printed in arial font in at least nine-point type. 15 (b) No person shall knowingly and intentionally render any label, 16 required by subdivision (a) of this section to be affixed to an electric 17 assisted bicycle, permanently illegible. 18 (c) Every manufacturer of an electric assisted bicycle shall certify, 19 at a minimum, that it complies with the equipment and manufacturing 20 requirements for bicycles adopted by the United States consumer product 21 safety commission (16 C.F.R. 1512.1, et seq.). 22 § 9. Subdivision 1 of section 1233 of the vehicle and traffic law, as 23 amended by chapter 703 of the laws of 2004, is amended to read as 24 follows: 25 1. No person riding upon any bicycle, electric assisted bicycle, 26 coaster, in-line skates, roller skates, skate board, sled, or toy vehi- 27 cle shall attach the same or himself or herself to any vehicle being 28 operated upon a roadway. 29 § 10. Section 1234 of the vehicle and traffic law, as amended by chap- 30 ter 16 of the laws of 1996, is amended to read as follows: 31 § 1234. Riding on roadways, shoulders, bicycle, electric assisted 32 bicycle or in-line skate lanes and bicycle or in-line skate paths. (a) 33 Upon all roadways, any bicycle, electric assisted bicycle or in-line 34 skate shall be driven either on a usable bicycle or in-line skate lane 35 or, if a usable bicycle or in-line skate lane has not been provided, 36 near the right-hand curb or edge of the roadway or upon a usable right- 37 hand shoulder in such a manner as to prevent undue interference with the 38 flow of traffic except when preparing for a left turn or when reasonably 39 necessary to avoid conditions that would make it unsafe to continue 40 along near the right-hand curb or edge. Conditions to be taken into 41 consideration include, but are not limited to, fixed or moving objects, 42 vehicles, bicycles, electric assisted bicycles, in-line skates, pedes- 43 trians, animals, surface hazards or traffic lanes too narrow for a bicy- 44 cle, or electric assisted bicycle or person on in-line skates and a 45 vehicle to travel safely side-by-side within the lane. 46 (b) Persons riding bicycles or electric assisted bicycles or skating 47 or gliding on in-line skates upon a roadway shall not ride more than two 48 abreast. Persons riding bicycles or electric assisted bicycles or skat- 49 ing or gliding on in-line skates upon a shoulder, bicycle or in-line 50 skate lane, or bicycle or in-line skates path, intended for the use of 51 bicycles or in-line skates may ride two or more abreast if sufficient 52 space is available, except that when passing a vehicle, bicycle, elec- 53 tric assisted bicycle or person on in-line skates, or pedestrian, stand- 54 ing or proceeding along such shoulder, lane or path, persons riding 55 bicycles or electric assisted bicycles or skating or gliding on in-line 56 skates shall ride, skate, or glide single file. Persons riding bicycles

S. 6029 4 1 or electric assisted bicycles or skating or gliding on in-line skates 2 upon a roadway shall ride, skate, or glide single file when being over- 3 taken by a vehicle. 4 (c) Any person operating a bicycle or electric assisted bicycle or 5 skating or gliding on in-line skates who is entering the roadway from a 6 private road, driveway, alley or over a curb shall come to a full stop 7 before entering the roadway. 8 § 11. Section 1235 of the vehicle and traffic law, as amended by chap- 9 ter 703 of the laws of 2004, is amended to read as follows: 10 § 1235. Carrying articles. No person operating a bicycle or electric 11 assisted bicycle shall carry any package, bundle, or article which 12 prevents the driver from keeping at least one hand upon the handle bars. 13 No person skating or gliding on in-line skates shall carry any package, 14 bundle, or article which obstructs his or her vision in any direction. 15 No person operating a skate board shall carry any package, bundle, or 16 article which obstructs his or her vision in any direction. 17 § 12. Section 1236 of the vehicle and traffic law, subdivision (a) as 18 amended by chapter 16 of the laws of 2009 and subdivisions (d) and (e) 19 as added by chapter 887 of the laws of 1976, is amended to read as 20 follows: 21 § 1236. Lamps and other equipment on bicycles and electric assisted 22 bicycles. (a) Every bicycle or electric assisted bicycle when in use 23 during the period from one-half hour after sunset to one-half hour 24 before sunrise shall be equipped with a lamp on the front which shall 25 emit a white light visible during hours of darkness from a distance of 26 at least five hundred feet to the front and with a red or amber light 27 visible to the rear for three hundred feet. Effective July first, nine- 28 teen hundred seventy-six, at least one of these lights shall be visible 29 for two hundred feet from each side. 30 (b) No person shall operate a bicycle or electric assisted bicycle 31 unless it is equipped with a bell or other device capable of giving a 32 signal audible for a distance of at least one hundred feet, except that 33 a bicycle or electric assisted bicycle shall not be equipped with nor 34 shall any person use upon a bicycle or electric assisted bicycle any 35 siren or whistle. 36 (c) Every bicycle or electric assisted bicycle shall be equipped with 37 a brake which will enable the operator to make the braked wheels skid on 38 dry, level, clean pavement, provided, however, such brake of an electric 39 assisted bicycle shall also operate in a manner so that the electric 40 motor is disengaged or ceases to function when the brake is applied. 41 (d) Every new bicycle or electric assisted bicycle shall be equipped 42 with reflective tires or, alternately, a reflex reflector mounted on the 43 spokes of each wheel, said tires and reflectors to be of types approved 44 by the commissioner. The reflex reflector mounted on the front wheel 45 shall be colorless or amber, and the reflex reflector mounted on the 46 rear wheel shall be colorless or red. 47 (e) Every bicycle or electric assisted bicycle when in use during the 48 period from one-half hour after sunset to one-half hour before sunrise 49 shall be equipped with reflective devices or material meeting the stand- 50 ards established by rules and regulations promulgated by the commission- 51 er; provided, however, that such standards shall not be inconsistent 52 with or otherwise conflict with the requirements of subdivisions (a) and 53 (d) of this section. 54 § 13. Section 1238 of the vehicle and traffic law, as amended by chap- 55 ter 267 of the laws of 1993, paragraph (a) of subdivision 2 and para- 56 graphs (a) and (b) of subdivision 5 as amended by chapter 457 of the

S. 6029 5 1 laws of 1999, subdivisions 2-a, 5-a, 9 and 10 and paragraph (c) of 2 subdivision 6 as amended by chapter 703 of the laws of 2004, subdivision 3 5 as amended by chapter 132 of the laws of 1994, subdivision 5-b as 4 added and paragraph (a) of subdivision 6 as amended by chapter 402 of 5 the laws of 2001 and subdivision 8 as amended by chapter 694 of the laws 6 of 1995, is amended to read as follows: 7 § 1238. Passengers on bicycles or electric assisted bicycles under one 8 year of age prohibited; passengers and operators under fourteen years of 9 age to wear protective headgear. 1. No person operating a bicycle or 10 electric assisted bicycle shall allow a person who is under one year of 11 age to ride as a passenger on a bicycle or electric assisted bicycle nor 12 shall such person be carried in a pack fastened to the operator. A first 13 violation of the provisions of this subdivision shall result in no fine. 14 A second violation shall result in a civil fine not to exceed fifty 15 dollars. 16 2. No person operating a bicycle or electric assisted bicycle shall 17 allow a person one or more years of age and less than five years of age 18 to ride as a passenger on a bicycle or electric assisted bicycle unless: 19 (a) such passenger is wearing a helmet meeting standards established 20 by the commissioner. For the purposes of this subdivision wearing a 21 helmet means having a helmet of good fit fastened securely upon the head 22 with the helmet straps; and 23 (b) such passenger is placed in a separate seat attached to the bicy- 24 cle or electric assisted bicycle and such seat shall have adequate 25 provision for retaining the passenger in place and for protecting the 26 passenger from the moving parts of the bicycle or electric assisted 27 bicycle. 28 2-a. The commissioner shall promulgate rules and regulations estab- 29 lishing standards for helmets required to be worn while bicycling, 30 in-line skating, or operating a skate board. Such standards, to the 31 extent practicable, shall reflect the standards recommended by the Snell 32 Memorial Foundation, Safety Equipment Institute, or United States 33 Consumer Product Safety Commission. 34 3. Any person who violates the provisions of subdivision two of this 35 section shall pay a civil fine not to exceed fifty dollars. 36 4. The court shall waive any fine for which a person who violates the 37 provisions of paragraph (a) of subdivision two of this section would be 38 liable if such person supplies the court with proof that between the 39 date of violation and the appearance date for such violation such person 40 purchased or rented a helmet, which meets the requirements of paragraph 41 (a) of subdivision two of this section. Further, the court shall waive 42 any fine for which a person who violates the provisions of paragraph (b) 43 of subdivision two of this section would be liable if such person 44 supplies the court with proof that between the date of violation and the 45 appearance date for such violation such person purchased or rented a 46 seat which meets the requirements of paragraph (b) of subdivision two of 47 this section. The court may waive any fine for which a person who 48 violates the provisions of subdivision two of this section would be 49 liable if the court finds that due to reasons of economic hardship such 50 person was unable to purchase a helmet or seat. Such waiver of fine 51 shall not apply to a second or subsequent conviction under paragraph (a) 52 or (b) of subdivision two of this section. 53 5. (a) No person operating a bicycle or electric assisted bicycle 54 shall allow a person five or more years of age and less than fourteen 55 years of age to ride as a passenger on a bicycle or electric assisted

S. 6029 6 1 bicycle unless such passenger is wearing a helmet meeting standards 2 established by the commissioner. 3 (b) No person, one or more years of age and less than fourteen years 4 of age, shall operate a bicycle or electric assisted bicycle unless such 5 person is wearing a helmet meeting standards established by the commis- 6 sioner. 7 (c) For the purposes of this subdivision wearing a helmet means having 8 a helmet of good fit fastened securely upon the head with the helmet 9 straps. 10 5-a. No person, one or more years of age and less than fourteen years 11 of age, shall skate or glide on in-line skates or a skate board unless 12 such person is wearing a helmet meeting standards established by the 13 commissioner. For the purposes of this subdivision, wearing a helmet 14 means having a helmet of good fit fastened securely on the head of such 15 wearer with the helmet straps securely fastened. 16 5-b. No person less than fourteen years of age shall ride upon, propel 17 or otherwise operate a two-wheeled vehicle commonly called a scooter 18 unless such person is wearing a helmet meeting standards established by 19 the commissioner. As used in this subdivision, wearing a helmet means 20 having a properly fitting helmet fixed securely on the head of such 21 wearer with the helmet straps securely fastened. 22 6. (a) Any person who violates the provisions of subdivision five, 23 five-a or five-b of this section shall pay a civil fine not to exceed 24 fifty dollars. 25 (b) The court shall waive any fine for which a person who violates the 26 provisions of subdivision five of this section would be liable if such 27 person supplies the court with proof that between the date of violation 28 and the appearance date for such violation such person purchased or 29 rented a helmet. 30 (c) The court may waive any fine for which a person who violates the 31 provisions of subdivision five, five-a, or five-b of this section would 32 be liable if the court finds that due to reasons of economic hardship 33 such person was unable to purchase a helmet or due to such economic 34 hardship such person was unable to obtain a helmet from the statewide 35 in-line skate and bicycle helmet distribution program, as established in 36 section two hundred six of the public health law, or a local distrib- 37 ution program. 38 7. The failure of any person to comply with the provisions of this 39 section shall not constitute contributory negligence or assumption of 40 risk, and shall not in any way bar, preclude or foreclose an action for 41 personal injury or wrongful death by or on behalf of such person, nor in 42 any way diminish or reduce the damages recoverable in any such action. 43 8. A police officer shall only issue a summons for a violation of 44 subdivision two, five, or five-a of this section by a person less than 45 fourteen years of age to the parent or guardian of such person if the 46 violation by such person occurs in the presence of such person's parent 47 or guardian and where such parent or guardian is eighteen years of age 48 or more. Such summons shall only be issued to such parent or guardian, 49 and shall not be issued to the person less than fourteen years of age. 50 9. Subdivisions five, five-a, five-b, and six of this section shall 51 not be applicable to any county, city, town or village that has enacted 52 a local law or ordinance prior to the effective date of this subdivision 53 that prohibits a person who is one or more years of age and less than 54 fourteen years of age from operating a bicycle, electric assisted bicy- 55 cle or skating or gliding on in-line skates or a skate board without 56 wearing a bicycle helmet meeting the standards of the American National

S. 6029 7 1 Standards Institute (Ansi Z 90.4 bicycle helmet standards), the Snell 2 Memorial Foundation's Standards for Protective Headgear for use in Bicy- 3 cling, or the American Society of Testing and Materials (ASTM) bike 4 helmet standards, or that prohibits a person operating a bicycle or 5 electric assisted bicycle from allowing a person five or more years of 6 age and less than fourteen years of age to ride as a passenger on a 7 bicycle or electric assisted bicycle unless such passenger is wearing a 8 bicycle helmet that meets such standards. The failure of any person to 9 comply with any such local law or ordinance shall not constitute contri- 10 butory negligence or assumption of risk, and shall not in any way bar, 11 preclude or foreclose an action for personal injury or wrongful death by 12 or on behalf of such person, nor in any way diminish or reduce the 13 damages recoverable in any such action. The legislative body of a coun- 14 ty, city, town or village may enact a local law or ordinance that 15 prohibits a person who is fourteen or more years of age from skating or 16 gliding on in-line skates, operating a skate board, or operating or 17 riding as a passenger on a bicycle or electric assisted bicycle without 18 wearing a bicycle helmet. 19 10. No person shall skate or glide on in-line skates or a skate board 20 outside during the period of time between one-half hour after sunset and 21 one-half hour before sunrise unless such person is wearing readily visi- 22 ble reflective clothing or material which is of a light or bright color. 23 § 14. Section 1240 of the vehicle and traffic law, as added by chapter 24 468 of the laws of 2001, is amended to read as follows: 25 § 1240. Leaving the scene of an incident involving a [wheeled non-mo- 26 torized means of conveyance] bicycle, electric assisted bicycle, in-line 27 skate, roller skate or skate board without reporting in the second 28 degree. 1. Any person age eighteen years or older operating a [wheeled 29 non-motorized means of conveyance, including, but not limited to bicy- 30 cles,] bicycle, electric assisted bicycle, in-line [skates] skate, roll- 31 er [skates and] skate or skate [boards] board, who, knowing or having 32 cause to know, that physical injury, as defined in subdivision nine of 33 section 10.00 of the penal law, has been caused to another person, due 34 to the operation of such [non-motorized means of conveyance] bicycle, 35 electric assisted bicycle, in-line skate, roller skate or skate board by 36 such person, shall, before leaving the place where the said physical 37 injury occurred, stop, and provide his name and residence, including 38 street and street number, to the injured party, if practical, and also 39 to a police officer, or in the event that no police officer is in the 40 vicinity of the place of said injury, then such person shall report said 41 incident as soon as physically able to the nearest police station or 42 judicial officer. 43 2. Leaving the scene of an incident involving a [wheeled non-motorized 44 means of conveyance] bicycle, electric assisted bicycle, in-line skate, 45 roller skate or skate board without reporting in the second degree is a 46 violation. 47 § 15. Section 1241 of the vehicle and traffic law, as added by chapter 48 468 of the laws of 2001, is amended to read as follows: 49 § 1241. Leaving the scene of an incident involving a [wheeled non-mo- 50 torized means of conveyance] bicycle, electric assisted bicycle, in-line 51 skate, roller skate or skate board without reporting in the first 52 degree. 1. Any person age eighteen years or older operating a [wheeled 53 non-motorized means of conveyance, including, but not limited to bicy- 54 cles,] bicycle, electric assisted bicycle, in-line [skates] skate, roll- 55 er [skates and] skate or skate [boards] board, who, knowing or having 56 cause to know, that serious physical injury, as defined in subdivision

S. 6029 8 1 ten of section 10.00 of the penal law, has been caused to another 2 person, due to the operation of such [non-motorized means of conveyance] 3 bicycle, electric assisted bicycle, in-line skate, roller skate or skate 4 board by such person, shall, before leaving the place where the said 5 serious physical injury occurred, stop, and provide his name and resi- 6 dence, including street and street number, to the injured party, if 7 practical, and also to a police officer, or in the event that no police 8 officer is in the vicinity of the place of said injury, then such person 9 shall report said incident as soon as physically able to the nearest 10 police station or judicial officer. 11 2. Leaving the scene of an incident involving a [wheeled non-motorized 12 means of conveyance] bicycle, electric assisted bicycle, in-line skate, 13 roller skate or skate board without reporting in the first degree is a 14 class B misdemeanor. 15 § 16. The vehicle and traffic law is amended by adding a new section 16 1242 to read as follows: 17 § 1242. Tampering with an electric assisted bicycle. 1. No person 18 shall tamper with or modify an electric assisted bicycle to: 19 (a) increase the output of such bicycle to seven hundred fifty watts 20 or greater; 21 (b) engage the electric motor when: 22 (i) the operator of such bicycle is not pedaling; 23 (ii) the operator of such bicycle has applied the brakes; or 24 (iii) such bicycle has achieved a speed of twenty miles per hour or 25 greater; or 26 (c) accelerate the speed of the electric assisted bicycle motor by 27 means other than pedaling. 28 2. A violation of the provisions of subdivision one of this section 29 shall constitute a traffic infraction punishable by a fine of up to one 30 hundred fifty dollars or a sentence of imprisonment for up to fifteen 31 days or both such fine and imprisonment. 32 § 17. Paragraph 1 of subdivision a of section 10-157 of the adminis- 33 trative code of the city of New York, as amended by local law number 56 34 of the city of New York for the year 2012, is amended to read as 35 follows: 36 (1) "bicycle" shall have the same meaning as in section 19-176 of this 37 code, and shall also mean any wheeled device propelled exclusively by 38 human power as well as an electric assisted bicycle, as defined in 39 section one hundred two-c of the vehicle and traffic law, and any 40 motor-assisted device that is not capable of being registered by the New 41 York state department of motor vehicles; 42 § 18. Section 19-176 of the administrative code of the city of New 43 York, as added by local law number 6 of the city of New York for the 44 year 1996 and subdivisions b, c and i as amended, subdivisions d and h 45 as added and subdivisions e, f and g as relettered by local law number 46 14 of the city of New York for the year 2002, is amended to read as 47 follows: 48 § 19-176 Bicycle operation on sidewalks prohibited. a. For purposes of 49 this section: 50 (1) The term "bicycle" shall mean a two or three wheeled device upon 51 which a person or persons may ride, propelled by human power through a 52 belt, a chain or gears, with such wheels in a tandem or tricycle, except 53 that it shall not include such a device having solid tires and intended 54 for use only on a sidewalk by a child. 55 (2) The term "sidewalk" shall mean that portion of the street, whether 56 paved or unpaved, between the curb lines or the lateral lines of a road-

S. 6029 9 1 way and the adjacent property lines, intended for the use of pedestri- 2 ans. Where it is not clear which section is intended for the use of 3 pedestrians the sidewalk will be deemed to be that portion of the street 4 between the building line and the curb. 5 (3) The term "child" shall mean a person less than fourteen years of 6 age. 7 (4) The term "electric assisted bicycle" shall have the same meaning 8 as in section one hundred two-c of the vehicle and traffic law. 9 b. No person shall ride a bicycle or an electric assisted bicycle upon 10 any sidewalk unless permitted by an official sign. A person who violates 11 this subdivision may be issued a notice of violation and shall be liable 12 for a civil penalty of not more than one hundred dollars which may be 13 recovered in a proceeding before the environmental control board. 14 c. A person who violates subdivision b of this section in a manner 15 that endangers any other person or property shall be guilty of a misde- 16 meanor, punishable by a fine of not more than one hundred dollars or 17 imprisonment for not more than twenty days or both such fine and impri- 18 sonment. Such person shall also be liable for a civil penalty of not 19 less than one hundred dollars nor more than three hundred dollars, 20 except where a hearing officer has determined that where there was phys- 21 ical contact between the rider and another person, an additional civil 22 penalty of not less than one hundred dollars nor more than two hundred 23 dollars may be imposed. Such civil penalties may be recovered in a 24 proceeding before the environmental control board. Enforcement agents 25 shall indicate on the summons or notice of violation issued pursuant to 26 this subdivision whether physical contact was made between the rider and 27 another person. Any person who violates any provision of this subdivi- 28 sion more than once within any six month period shall be subject to the 29 imposition of civil penalties in an amount that is double what would 30 otherwise have been imposed for the commission of a first violation. It 31 shall be an affirmative defense that physical contact between a rider 32 and another person was in no way the fault of the rider. 33 d. Where a summons or notice of violation is issued for a violation of 34 subdivision c of this section, the bicycle or electric assisted bicycle 35 may be seized and impounded. 36 e. A bicycle or electric assisted bicycle impounded pursuant to this 37 section shall be released to the owner or other person lawfully entitled 38 to possession upon payment of the costs of removal and storage as set 39 forth in the rules of the police department and proof of payment of any 40 fine or civil penalty for the violation or, if a proceeding for the 41 violation is pending in a court or before the environmental control 42 board, upon the posting of a bond or other form of security acceptable 43 to the police department in an amount which will assure the payment of 44 such costs and any fine or civil penalty which may be imposed for the 45 violation. If the court or the environmental control board finds in 46 favor of the defendant or respondent, the owner shall be entitled forth- 47 with to possession of the bicycle or electric assisted bicycle without 48 charge or to the extent that any amount has been previously paid for 49 release of the bicycle or electric assisted bicycle, such amount shall 50 be refunded. The police department shall establish by rule the time 51 within which bicycles and electric assisted bicycles which are not 52 redeemed may be deemed abandoned and the procedures for disposal. 53 f. The owner of a bicycle or electric assisted bicycle shall be given 54 the opportunity for a post seizure hearing within five business days 55 before the environmental control board regarding the impoundment. The 56 environmental control board shall render a determination within three

S. 6029 10 1 business days after the conclusion of the hearing. Where the board finds 2 that there was no basis for the impoundment, the owner shall be entitled 3 forthwith to possession of the bicycle or electric assisted bicycle 4 without charge or to the extent that any amount has been previously paid 5 for release of the bicycle or electric assisted bicycle, such amount 6 shall be refunded. 7 g. Upon the impoundment of a bicycle or electric assisted bicycle, the 8 rider shall be given written notice of the procedure for redemption of 9 the bicycle or electric assisted bicycle and the procedure for request- 10 ing a post seizure hearing. Where the rider of a bicycle or electric 11 assisted bicycle is not the owner thereof notice provided to the rider 12 shall be deemed to be notice to the owner. Where the defendant or 13 respondent is less than eighteen years old such notice shall also be 14 mailed to the parent, guardian or where relevant, employer of the 15 respondent, if the name and address of such person is reasonably ascer- 16 tainable. 17 h. In any proceeding under this section it shall be an affirmative 18 defense that the defendant or respondent was less than fourteen years 19 old at the time the violation was committed. 20 i. The provisions of this section may be enforced by the police 21 department or designated employees of the department, the department of 22 sanitation, the department of parks and recreation. 23 § 19. Section 316 of the highway law, as amended by chapter 655 of the 24 laws of 1978, is amended to read as follows: 25 § 316. Entitled to free use of highways. The authorities having charge 26 or control of any highway, public street, park, parkway, driveway, or 27 place, shall have no power or authority to pass, enforce or maintain any 28 ordinance, rule or regulation by which any person using a bicycle, elec- 29 tric assisted bicycle or tricycle shall be excluded or prohibited from 30 the free use of any highway, public street, avenue, roadway, driveway, 31 parkway, park, or place, at any time when the same is open to the free 32 use of persons having and using other pleasure carriages, except upon 33 such driveway, speedway or road as has been or may be expressly set 34 apart by law for the exclusive use of horses and light carriages. But 35 nothing herein shall prevent the passage, enforcement or maintenance of 36 any regulation, ordinance or rule, regulating the use of bicycles, elec- 37 tric assisted bicycles or tricycles in highways, public streets, drive- 38 ways, parks, parkways, and places, or the regulation of the speed of 39 carriages, vehicles or engines, in public parks and upon parkways and 40 driveways in the city of New York, under the exclusive jurisdiction and 41 control of the department of parks and recreation of said city, nor 42 prevent any such authorities in any other city from regulating the speed 43 of any vehicles herein described in such manner as to limit and deter- 44 mine the proper rate of speed with which such vehicle may be propelled 45 nor in such manner as to require, direct or prohibit the use of bells, 46 lamps and other appurtenances nor to prohibit the use of any vehicle 47 upon that part of the highway, street, park, or parkway, commonly known 48 as the footpath or sidewalk. 49 § 20. Section 180 of the general municipal law, as amended by chapter 50 668 of the laws of 2004, is amended to read as follows: 51 § 180. Ordinances to regulate use of bicycles and electric assisted 52 bicycles. The governing boards of municipal corporations as defined in 53 section two of this chapter, may adopt local laws to regulate the use of 54 bicycles and electric assisted bicycles on the public highways, streets, 55 avenues, walks, parks and public places within their limits. Such local 56 laws shall be supplemental and in addition to the provisions of the

S. 6029 11 1 vehicle and traffic law relating to vehicles and not in conflict there- 2 with. Provided further that such local laws shall not impose any charge, 3 tax or otherwise not provide for the free use of bicycles, electric 4 assisted bicycles and tricycles. 5 § 21. This act shall take effect on the one hundred eightieth day 6 after it shall have become a law.