PURPOSE DEFINITIONS PROCEDURE ‘UNIFORMED MEMBER OF THI UNIFORMED MEMBER OF THE SERVICE NEW * YORK * CITY * POLICE + DEPARTMEN’ Section: _Summonses Procedure No: _209-37 ENFORCEMENT AND/OR INVOICING OF MOTORIZED SCOOTERS/ELECTRIC BICYCLES BEING OPERATED UNLAWFULLY ON NEW YORK CITY SIDEWALKS AND STREETS ‘DATEISSUED: DATERECINE | REVSIONNUMBER race ean en rota To provide guidance to members of the service who take enforcement action regarding motorized scooters/electric bicycles pursuant to New York City Administrative Code Section 19-176.2(b) or 10-157(k).. MOTORIZED SCOOTER — For the purpose of this procedure, is any wheeled device that has handlebars and is designed to be stood or sat upon by the operator, is powered by an electric motor or gasoline motor and is capable of propelling the device without human power (i.¢., it has a throttle), and cannot be registered with the New York State Department of Motor Vehicles (DMV). The term does not include scooters that can be registered by the DMV, wheelchairs, of other mobility aids designed for use by disabled persons. ELECTRIC BICYCLE — Sometimes referred to as an “e-bike.” For the purpose of this procedure, is a bicycle that has an electric motor. Most importantly, it has a throttle that controls the speed at which the device travels without the need for the operator to pedal. This bicycle can be operated three ways: (1) electric motor only; (2) human power only; (3) a combination of human power and electric motor. Electric bicycles are categorized as motorized scooters and are therefore subject to the enforcement guidelines outlined in this procedure. PEDAL-ASSIST BICYCLE — For the purpose of this procedure, is a bieycle that has {lly operable pedals and a motor that engages only when the operator is pedaling. The electric motor must have less than 750 watts and must disengage when the operator applies the brakes, the operator stops pedaling, or the bicycle reaches a speed of 20 miles per hour (mph). Pedal-assist bicycles are required to have a permanently affixed label displaying the maximum motor-assisted speed and motor wattage. When a member of the service takes enforcement action and/or invoices a motorized scooter/electric bicycle pursuant to being operated unlawfully on a ‘New York City sidewalk and street: 1, Interview operator of the motorized scooter/electric bicycle. 2. Determine if motorized scooter/electric bicycle is used for business or personal purposes. IF MOTORIZED SCOOTER/ELECTRIC BICYCLE IS USED FOR BUSINES! PURPOSES 3. Determine the location, address, and name of the business. a. Respond to business location if within a reasonable distance.PATROL GUIDE TOCEDURE UNO 208: TT eT UNIFORMED — 4, _Issue Civil Summons Returnable to the Office of Administrative Trials MEMBER OF and Hearings (OATH) to the business for violating New York City THE SERVICE Administrative Code Section 10-157(k), “Bicycles Used for Commercial (continued) Purposes.” which prohibits any business from possessing any motorized scooter or permitting any person to operate a motorized scooter on the business's behalf. a. Serve the Civil Summons Returnable to OATH to the owner/manager of the business, or other person of suitable age and discretion at the respondent's place of business. b, If business is not within a reasonable distance or personal service at the business is impractical for any reason, the business will be the respondent on the Civil Summons Returnable to OATH. (1) Place the completed “Respondent Copy” in a white mailing envelope. (2) Write the respondent's address and place a postage stamp obtained from desk officer on envelope. (3) Place the sealed, stamped envelope directly into a U.S. Postal Service mailbox, or personally take it to a US. Postal Service facility. Do not use Department mail or the Mail and Distribution Unit. NOTE Any method of delivery other than U.S. Postal Service will not be considered “good service” and the summons will be dismissed by OATH, When warranted, a Civil Summons Returnable to OATH may be issued to the operator of a motorized scooter/electric bicyele used on behalf of a business for violating section 19-176.2(b) of the Administrative Code. IF MOTORIZED _SCOOTER/ELECTRIC BICYCLE _IS__USED NAL PURPOS! UNIFORMED 5 Issue Civil Summons Returnable to OATH to the operator of motorized MEMBER OF scooter/electric bicycle for violating section 19-176.2(b) of the New York THE SERVICE City Administrative Code, which prohibits riding a motorized scooter within New York IN ALL CASES UNIFORMED — 6. Make the summons returnable on the date provided at roll call. MEMBEROF 7. Complete the “Affidavit (Certificate) of Service” located on the reverse THE SERVICE side of the Civil Summons Returnable to OATH (White [OATH] copy). 8. Deliver the remaining copies of Civil Summons Returnable to OATH to the desk officer, command of issuance. 9. Seize the motorized scooter/electric bicycle. a, A Civil Summons Returnable to OATH must be issued to a person or business if a motorized scooter/electronic bicycle is seized. NEW * YORK * CITY * POLICE + DEPARTMENTPATROL GUIDE 37 1120/18 3of4 UNIFORMED — 10, _Nottfyy and request response of the Emergency Service Unit to disconnect, MEMBER OF the battery and render the motorized scooter/electric bicycle safe. THE SERVICE (continued) NOTE The batteries in certain electric powered motorized scooters have the potential to overheat, creating a fire hazard. Additionally, improper wiring andor inadequate insulation can cause a short eireuit, shock hazard, or the motor (o engage, resulting in unintended movemet. I]. Invoice the motorized scooter/electric bicycle as arrest evidence, as per P.G. 218-19, “Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner.” a. If the motorized scooter/electric bicycle does not have a serial number, attach a Property Clerk Division seal to the motorized oter/electric bieycle. b. Record Property Clerk Division seal number on the PROPERTY CLERK INVOICE (PD521-141). 12, Advise respondent that the motorized scooter/electric bicycle may be recovered upon presentation of receipt from the Office of Administrative Trials and Hearings indicating the summons has been adjudicated, proof of ownership, and proper identification. DESK OFFICER 13. _ Ensure the motorized scooterfelectric bicycle is stored in a secure location that will minimize the risk of damage to Department and/or other stored property. a. Do not store a motorized scooterielectric bicycle in a Department facility unless the battery has been disconnected, PEDAL-ASSIST BICYCLES UNIFORMED — 14. _ Determine if a violation of New York City Traffic Rule 4-12(p)(5)(a) or MEMBER OF (0) has occurred. THE SERVICE 15. Issue violator a Moving summons returnable to the Traffic Violations Bureau. NOTE A Moving summons should be issued for violations of New York City Traffic Rule 4- 12(p)(5)(@) and (c), not a Civil Summons Returnable to OATH. Operators of pedal-assist bicycles must comply with the Traffic Rules governing the operation of bicyeles, not vehicles. ADDITIONAL OPERATIONAL CONSIDERATIONS DATA When a member of the service encounters a situation whereby one or more motorized seooters/electric bicycles are located on the sidewalk outside a business that employs them, the devices may ALL be seized and the proprietor issued a Civil Summons Returnable to OATH, as the mere possession of these deviees by a business is walawful under the Administrative Code Section 10-157(8). NEW + YORK * CITY * POLICE * DEPARTMENT