HomeMy WebLinkAbout2026-05-04 I03 Chapter 76, Personal Transportation Device Regulations_2ND READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 4, 2026
AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 76, Waukee
Municipal Code, Bicycle Regulations, to rename Chapter 76 as Personal
Transportation Device Regulations, to update the ordinance and include
the regulation of personal transportation devices, and upon the effective
date repealing Chapter 77, Waukee Municipal Code, Skateboards
[second reading]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON: Staff have been working on revisions to City Code
Chapter 76, related to personal transportation devices. These devices
have exploded in popularity and staff have worked diligently to balance
safety against the need for common sense restrictions for persons on all
types of personal transportation devices. The proposed Chapter 76
revision outlines basic safety rules and allows for education and
enforcement surrounding these devices going forward.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
We do not expect any fiscal impacts of this amendment.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the second reading of the ordinance in title only.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY:Chad McCluskey, Police Chief
REVIEWED BY:Brad Deets, City Administrator
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ORDINANCE NO. ____
AN ORDINANCE TO AMEND CHAPTER 76, WAUKEE MUNICIPAL CODE,
BICYCLE REGULATIONS, TO RENAME CHAPTER 76 AS PERSONAL
TRANSPORTATION DEVICE REGULATIONS, TO UPDATE THE ORDINANCE AND
INCLUDE THE REGULATION OF PERSONAL TRANSPORTATION DEVICES, AND
UPON THE EFFECTIVE DATE REPEALING CHAPTER 77, WAUKEE MUNICIPAL
CODE, SKATEBOARDS.
WHEREAS, the City has determined it is in the best interests for the health, welfare and
safety of its citizens to update Chapter 76 of the Waukee Municipal Code and to include regulations
concerning the use of personal transportation devices such as scooters, skateboards, skates, and
other devices as provided herein on streets, bike trails and sidewalks.
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1: Chapter 76, Waukee Municipal Code, should be and the same is hereby
repealed and enacted in lieu thereof is as follows:
CHAPTER 76 PERSONAL TRANSPORTATION DEVICE REGULATIONS
76.01 PURPOSE.
The purpose of this Chapter is to set forth regulations for operating bicycles, electric
scooters and personal transportation devices on the city's roadways, streets, sidewalks,
and multi-use trails as enabled by Code of Iowa, Section 321.235 and 321.236[10].
76.02 DEFINITIONS.
1."Bicycle" means either of the following: (1) 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. (2) 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 persons 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 barrier, striping, marking, or other similar device.
3."Business district" means a territory not comprising a residential neighborhood and
which is occupied mainly by buildings in use for business purposes.
4."Electric scooter" means a device weighing less than one hundred pounds that is
equipped with one, two or three wheels, with or without handlebars, with or without a
seat or saddle, and an electric motor that produces not more than seven hundred fifty
(750) watts of power, and which is solely powered by the rider or by an electric motor
capable of propelling the device without additional propulsion supplied by the rider,
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at a maximum speed on a paved level surface of no more than twenty miles per hour,
or both.
5."Low-speed electric bicycle" means a device having a saddle or seat for the use of a
rider, two or three wheels equipped with fully operable pedals, and an electric motor
that produces not more than seven hundred fifty watts that meets the requirements of
one of the following classes:
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])
6.“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.
7."Other Power-Driven Mobility Device (OPDMD)" means any mobility device
powered by batteries, fuel, or other engines that is used by individuals with mobility
disabilities for the purpose of locomotion, including, electronic personal assistance
mobility devices, or any mobility device designed to operate in areas without defined
pedestrian routes, but that is not a wheelchair or a golf cart.
8.“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, scooter, 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 less than seven hundred fifty watts. “Pedestrian conveyance”
does not include a bicycle.
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9.“Personal Transportation Device” means any device defined in this section or not
otherwise defined in Iowa Code or City of Waukee code by which a person may be
transported on, in, or upon, including but not limited to bicycles, foot powered
scooters, electric scooters, low-speed electric bicycles, other power-driven mobility
devices, pedestrian conveyance, skateboards, OPDMD and skates as defined in this
section. Personal Transportation Device does not include a motorized bicycle.
10."Residential district" means a territory not comprising a business district and which is
occupied mainly by structures for residential dwellings.
11."Roadway" means that portion of a highway improved, designed, or ordinarily used
for vehicular travel.
12.“Skateboard” means a foot, motor, or wind propelled vehicle consisting of a board
which is guided by the user or rider standing on same and pushing the same with foot
power or operating with motor or wind power.
13.“Skate” means a device, or shoe, worn on the foot containing wheels guided by the
user, or rider, powered by any means including, but not limited to, motor, wind or
foot power.
14."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.
15."Sidewalk" means a paved or unpaved 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.
16."Trail" means a paved or unpaved surface, separate from the street, in the right-of-
way at or greater than eight feet (8') in width under the jurisdiction and control of the
state or a local political subdivision thereof for use primarily by bicycles, low-speed
electric bicycles, electric scooters, personal transportation devices, and pedestrians.
76.03 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 and path, subject to those exceptions and regulations stated herein.
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76.04 TRAFFIC CODE APPLIES.
1.Every person, including a peace officer, riding or operating a Personal Transportation
Device, upon a roadway or in a bicycle lane shall be granted all of the rights and shall
be subject to all of the duties applicable to the driver of a vehicle by the laws of the
State declaring rules of the road applicable to vehicles or by the Traffic Code of the
City applicable to the driver of a vehicle, except as to those provisions that by their
nature can have no application or those for which specific exceptions have been set
forth regarding police bicycles. This does not apply to the use of a Personal
Transportation Device in a parade authorized by proper permit from local authorities.
(Code of Iowa, Sec. 321.234[2, 5])
2.Personal Transportation Devices are not subject to registration, licensure, titling,
inspection, and proof of financial liability coverage provisions of Code of Iowa,
Chapter 321 unless otherwise required by Iowa Code.
3.Riders of Personal Transportation Devices are not required to have possession of a
driver's license or permit, unless otherwise required by Iowa Code.
4.Whenever such person dismounts from a Personal Transportation Device, the person
shall be subject to all regulations applicable to pedestrians.
5.A peace officer riding a police bicycle in the line of duty may do any of the
following:
A.Proceed past a red or stop signal or stop sign, but only after slowing down as may
be necessary for safe operation.
B.Exceed the maximum speed limits as long as the rider does not endanger life or
property.
(Code of Iowa, Sec. 321.231)
76.05 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.
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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.
76.06 ACTIONS AGAINST BICYCLES AND PERSONAL TRANSPORTATION
DEVICES.
1.A person operating a motor vehicle shall not steer the motor vehicle unreasonably
close to or toward a dismounted 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
dismounted pedestrian or a person riding 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)
76.07 RESPONSIBLE RIDING.
1.Double Riding Restricted. A person propelling a bicycle shall not ride other than
astride a permanent and regular seat attached thereto. No Personal Transportation
Device shall be used to carry more persons at one time than the number for which it is
designed and equipped. This does not apply to the use of a Personal Transportation
Device in a parade authorized by proper permit from local authorities.
(Code of Iowa, Sec. 321.234[3, 4, 5])
2.Speed. A person shall not operate a Personal Transportation Device at a speed greater
than is careful and prudent at a rate of speed no greater than is reasonable and proper
under the conditions existing at the point of operation, taking into account the
surroundings and environment, such as inclement weather, infrastructure conditions,
and grade. A person shall not operate a Personal Transportation Device on a bicycle
lane, Trail or sidewalk in excess of the posted or applicable speed limit, or if there is
no posted or applicable speed limit, twenty miles per hour.
3.Control of Personal Transportation Device. The operator shall keep the device under
directional, speed, and stopping control at all times.
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4.Improper riding. No person shall operate a Personal Transportation Device in an
irregular or reckless manner so as to disregard the safety of the operator, others, or
property.
5.Right of way. Riders of Personal Transportation Devices shall yield right of way to
pedestrians, human-powered bicycles, and other human-powered conveyances. Riders
of bicycles and other human powered devices shall yield right of way to pedestrians.
6.Emerging from a Trail, Sidewalk, Alley or Driveway. The operator of a Personal
Transportation Device emerging from an alley, trail, sidewalk, driveway or building
shall, 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 present or approaching on said roadway.
(Code of Iowa, Sec. 321.353)
7.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.
8.Following Emergency Vehicles. No person riding a Personal Transportation Device
shall follow closer than 500 feet of an emergency vehicle as defined by Iowa Code
section 321.1 which has emergency lights and/or siren activated, and shall not stop,
park, or leave a bicycle within 500 feet of an emergency vehicle stopped in response
to an emergency.
9.Towing. It is unlawful for any person riding upon any Personal Transportation Device
to attach the device or themselves to any moving motor vehicle by tow rope, hand
grip or otherwise. This section shall not prohibit attaching a trailer to a bicycle that is
designed to accommodate such a device.
76.08 PLACE OF RIDING.
1.Roadways and Streets.
A.The operation or riding of Personal Transportation Devices on a roadway or street
is prohibited unless a Sidewalk, Trail, or bicycle lane does not exist in or adjacent
to a roadway or street.
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B.When permitted under 76.08(1)(A) riders of Personal Transportation Devices in
the street or roadway shall ride in reasonably close proximity to the curb or
shoulder of the roadway in the same direction of traffic and follow the same state
and local laws applicable to motorized vehicles.
C.The use of any Personal Transportation Device is prohibited on any City of
Waukee roadway or streets which have a speed limit of greater than 25 mph.
D.This section does not apply to the use of a Personal Transportation Devices in a
parade or special event authorized by the city.
2.City Owned Land, Sidewalks and Trails.
A.Public Land: Personal Transportation Devices and Motorized Bicycles are
prohibited from being operated upon any public land owned by the City where
signs explicitly prohibit such operation.
B.Public Sidewalks: Personal Transportation Devices may be operated upon the
public sidewalks in residential districts only in a careful and prudent manner
except where signs or pavement markings explicitly prohibit riding on the
sidewalk, or upon sidewalks along the business districts, or in specified dismount
zones where users shall walk their Personal Transportation Devices.
Motorized Bicycles are prohibited on public sidewalks.
C.Trails: Personal Transportation Devices may be operated upon Trails that are
equal to or greater than eight feet (8') in width except where signs or pavement
markings explicitly prohibit riding on the Trail.
Motorized Bicycles are prohibited on trails.
D.Any operation of a Personal Transportation Device shall at all times be subject to
the limitations and obligations created by state law and municipal law, including
the responsible Rider requirements of Section 76.07.
E.OPDMD's may be operated by persons with mobility disabilities on all sidewalks
provided that they do not risk damage to the sidewalks, surrounding environment,
or pose a risk to the safety of other sidewalks users.
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76.09 PARKING.
Parking locations for Personal Transportation Devices shall not impede, restrict, block or
interfere with access to:
1.an ADA-compliant pedestrian pathway
2.a fire hydrant
3.a US Postal Service mailbox
4.a crosswalk or curb ramp
5.loading zones
6.transit zones, including bus stops, shelters, or other passenger waiting areas
7.accessible parking spaces
8.street furniture or amenities that require pedestrian access
9.entryways
10.driveways.
76.10 EQUIPMENT REQUIREMENTS.
Every person riding a Personal Transportation Device shall be responsible for providing
and using equipment as provided herein:
1.Every Personal Transportation Device when in use between sunset and sunrise and
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 reflector 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)
2.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.
3.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])
4.A Personal Transportation Device shall not be equipped with and a person shall not
use upon such device any siren or whistle. This shall not apply to bicycles ridden by
peace officer in the line of duty.
(Code of Iowa, Sec. 321.434)
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76.11 VIOLATIONS.
Violations of this chapter constitute a simple misdemeanor punishable by the imposition
of a fine of twenty-five (25) dollars and any applicable surcharges and costs
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed. Upon the effective date of this ordinance as provided
herein, Chapter 77 (“Skateboards”) of the Waukee Municipal Code should be and the same is
hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the _____ day of _____________________ 2026 and approved this _____
day of _____________________ 2026.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk