Councilor Peter Anderson introduced the regulations on Monday, calling them a “measured and practical approach” to address conflicts between the e-bikes and pedestrians in high-traffic areas like downtown Valparaiso.
Anderson said this draft is meant to incorporate “broad public input” with feedback from his colleagues on the council to shape it into the best possible version. He has shared a Google Form being used to reel in public input on social media alongside a draft of the regulations ahead of Monday’s meeting and said it had already been pulling in responses.
“I don’t want to take away all the fun, but we’ve got to have a little bit of guidelines because it’s the wild west out there right now with the (electronic) devices,” Anderson said.
The council ultimately voted to table the ordinance until its next meeting, which is scheduled for May 26. To take effect, ordinance changes usually require approval at two separate council meetings.
Regulations stray only slightly from state law
The regulations match Indiana law governing e-bikes in many ways, including that they should yield to pedestrians, they should operate at a safe speed reasonable for existing conditions and more. Anderson said the ordinance also builds on existing city code, which governs traditional bicyclists downtown.
The regulations do differ from state law in a few key ways, though.
First, they are permitted on sidewalks, pathways and multi-use trails around town, but prohibited in downtown Valparaiso. That includes a three-block slice of downtown from Indiana Avenue and Jefferson Street and six blocks from east to west, from Morgan Boulevard to North Campbell Street.
Second, the ordinance as currently written forbids e-bikes on sidewalks, pathways and trails in city parks and on public rights-of-way.
Third, it requires all riders under 16 years old to wear helmets when riding an e-bike in Valparaiso.
Fourth, it forbids riders from operating the vehicles “in a careless, reckless or imprudent manner, having regard for traffic pedestrians, surface conditions, visibility or other existing conditions, so as to endanger the safety of any person or property.”
Indiana law also governs three different classes of electronic bikes. Class 1 and 2 bikes do not exceed 20 miles per hour and do not require riders to wear a helmet. Class 3 bikes can go up to 29 miles per hour and cyclists are required to wear helmets when riding them.
State law also requires that e-bikes have pedals. If the purported bicycle does not have pedals, it is considered a motor vehicle and is required to have all its paperwork in order, including a driver’s license, registration and insurance.
To enforce these rules, the draft ordinance proposes issuing a warning or citation based on penalties outlined in city code, and can even allow the Valparaiso Police Department to “impound any Motorized Electric Device” operated in violation of the ordinance.
What did the council say about these regulations?
Enforcement was a key topic in discussions on Monday night. Anderson said he chatted with Valparaiso’s Police Chief Andrew McIntyre, who said these regulations would begin with regulating behavior, not outright ticketing teens.
Councilor Robert Cotton worried that this ordinance could just turn into another issue like golf carts, which he said have regulations on the books that are difficult to enforce.
Councilor Emilie Hunt had several questions about how the city would enforce broad regulations like being “unsafe for conditions” and how enforcement would take shape. But overall, she seemed satisfied with the general principle of the ordinance.
“I think the intention is spot on. And I’m always a fan of preventative measures as opposed to reactive measures,” Hunt said. “So instead of waiting for somebody in our city to, God forbid, get hurt, like so many of the stories we’ve heard in surrounding communities, we’re trying to take steps to prevent that from happening.”
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