Active Transportation and Micromobility By-law No. 90-25 — full text

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The Corporation of the City of Richmond Hill By-Law 90-25 A By-Law to provide for the Use, Regulation, Protection, and Governance of Active Transportation and Micromobility Devices within the City of Richmond Hill. Whereas section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 (Municipal Act) authorized municipalities to pass by-laws respecting matters related to highways, transportation systems, parking, and the health, safety and well-being of persons; And Whereas section 27 of the Municipal Act authorizes a municipality to regulate the use of highways under its jurisdiction, including sidewalks, bike lanes, and multi-use paths; And Whereas the City is committed to promoting active and sustainable transportation, including the use of bicycles, e-bikes, and electric kick scooters, while ensuring the safe and equitable use of shared public spaces; And Whereas it is necessary to regulate the use of micromobility devices to protect pedestrians, reduce conflicts among road users, and support compliance with provincial pilot projects as provided in O.Reg 389/19: Pilot Project - Electric Kick-Scooters, and applicable traffic regulations; And Whereas it is desirable to coordinate the regulation of micromobility devices in public spaces including roadways, sidewalks, multi-use trails and parks, to ensure consistency across City by-laws. Now Therefore The Council Of The Corporation Of The City Of Richmond Hill Enacts As Follows: 1. That this By-law No. 90-25 be effective upon enactment. Passed this 24th day of September, 2025. -Da-vi~~~_.es=--t --~~-~'/'---/--~ Mayor The Corporation of the City of Richmond Hill By-law 90-25 Page2 ARTICLE 1 - Interpretation 1.1 Short Title This By-law may be referred to as the "Active Transportation and Micromobility By-law". 1.2 Definitions "Administrative Penalty" means an administrative penalty established by the Administrative Penalty By-law No. 69-16, as amended for a contravention of this by-law. "Administrative Penalty By-law" means the Corporation's Administrative Penalty By-law No. 69-16, as amended or superseded, establishing a system of Administrative Penalties. "Bicycle" means any Vehicle that has one, two or three wheels (unicycle, bicycle or tricycle}, has steering handlebars and pedals, but has no motor, and does not include a Pedal-Assisted Bicycle, Motor-Assisted Bicycle or Power-Assisted Bicycle. "Bicycle Lane" means a portion of the Highway for use by Bicycles and other vehicles as permitted by this By-law. "Corporation" means the Corporation of the City of Richmond Hill. "Cycle Track" means a portion of the Highway for use by Bicycles and other vehicles as permitted by this By-law, which is separated from the road. "E-Scooter" means an electric kick-style scooter that has: i. two wheels along the same longitudinal axis, one placed at the front of the kick- scooter and one at the rear joined by a platform for standing; 11. a steering handlebar that acts directly on the steerable wheel; iii. an electric motor not exceeding 500 watts that provides a maximum speed of 24 kilometers per hour; and, iv. no seats or pedals. "Highway" includes a common or public highway, street, avenue, boulevard, parkway, driveway, island, square, place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of Motor Vehicles. "Motor-Assisted Bicycle" means a Motor-Assisted Bicycle as defined by the Highway Traffic Act R.S.O. 1990, c.H.8, as amended. "Motor Vehicle" includes: i. a car, truck, boat, Motor-Assisted Bicycle, Power-Assisted Bicycle, E- Scooter, all-terrain vehicle, motorcycle, snowmobile or other vehicle which is or may be propelled by a motor; and ii. a trailer, camper, non-power boat or other device which may be towed behind another vehicle; iii. but does not include a Bicycle, Pedal-Assisted Bicycle or wheeled conveyance including a baby carriage or cart, child's wagon or sleigh, roller blades, skateboards and assistive device such as wheelchair. "Multi-Use Path" means a portion of the Highway for use by Pedestrians, Bicycles and other vehicles as permitted by this By-law, which is separated from the road. "Municipal By-law Enforcement Officer" means an individual appointed for the purpose of enforcing the provisions of this By-law including a Person designated by the City for the enforcement of this By-law and includes but is not limited to a Municipal Law Enforcement Officer employed by the City, Provincial Offences Officer, an Ontario Provincial Police Officer, a York Regional Police Officer, or any other Person authorized by the City to enforce or perform inspections pursuant to this By-law. -------·----- ... ·--···· ~···-·---------·---·--------------- The Corporation of the City of Richmond Hill By-law 90-25 Page 3 "Order" means an order issued by the Corporation requiring a Person to discontinue a contravening activity or to remedy a contravention of this By-law in accordance with sections 444 of the Municipal Act. "Pedal-Assisted Bicycle" means a Bicycle equipped with an electric motor, which only engages when the pedals are turning to assist the operator with peddling, and not by operation of a throttle. "Pedestrian" means a Person on foot, and includes a Person in a wheelchair or on a motorized scooter designed for use on a Sidewalk, and a child in a baby carriage or on toy vehicle. "Pedestrian Crosswalk" means any portion of a Highway at an intersection or elsewhere distinctly indicated for Pedestrian crossing by signs on the Highway or by lines or other markings on the surface of the Highway. "Penalty Notice" means a notice given to a Person pursuant to the City's Administrative Penalty Bylaw for a contravention of this by-law. "Person" means an individual or a business, sole proprietorship, corporation, partnership, or limited partnership, or an authorized representative thereof. "Power-Assisted Bicycle" means a Power-Assisted Bicycle as defined in the Highway Traffic Act, R.S.O., c. H.8, as amended. "Sidewalk" means that portion of a boulevard which is paved, bricked, or otherwise hard surfaced and intended for the use of Pedestrians. "Vehicle" includes a Motor Vehicle, trailer, traction engine, farm tractor, road-building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include the cars of electric or steam railways running only upon rails, a wheelchair whether powered or not, or a powered scooter designed for use on a Sidewalk. ARTICLE 2 - Regulations 2.1 Pedestrians (1) Where there is a Sidewalk or Multi-Use Path on either side of the Highway, no Pedestrian shall walk along the Highway. (2) Where a Sidewalk or Multi-Use Path are not provided on a Highway, a Pedestrian walking along the Highway shall walk on the left side thereof facing oncoming traffic and, when walking along the Highway, shall walk as close to the left edge thereof as possible. (3) A Pedestrian shall not walk on a Bicycle Lane or Cycle Track. (4) A Pedestrian shall not cross a Highway by other than by the shortest route, except within a Pedestrian Crosswalk. (5) No Pedestrian shall proceed over or under a railing or other such barrier permanently installed along the edge of a Sidewalk or Multi-Use Path. (6) No Person shall walk or stand together with one or more other Persons in such a manner as to impede Pedestrians or Vehicles. 2.2 E-scooters ( 1) No Person shall operate an E-scooter except on a: a. Bicycle Lane; b. Cycle Track; or The Corporation of the City of Richmond Hill By-law 90-25 Page 4 c. Multi-Use Path. (2) In addition to the restrictions of Section 2.2 (1 ), no Person shall operate an E- Scooter on a Highway, except a Highway which has a legal speed limit of 50 kilometers per hour or less and does not have a Bicycle Lane, Cycle Track, or Multi-Use Path. (3) No Person shall ride an E-Scooter on a Highway unless the E-Scooter is ridden as close as practicable to the right hand curb or edge of the Highway, except while overtaking or passing another Vehicle proceeding in the same direction, or while preparing for a left turn at an intersection or into a private road or driveway. (4) No Person shall operate an E-Scooter on a trail or in a park as regulated pursuant to the City's Park Use By-law No. 19-22, as amended. Where such use is prohibited in parks, those restrictions shall apply in addition to any restrictions set out in this by-law. (5) No Person shall ride or push an E-Scooter along a Highway alongside a Bicycle, Pedal-Assisted Bicycle, Power-Assisted Bicycle, or another E- Scooter. (6) No Person shall operate or use an E-scooter within a Pedestrian Crosswalk. (7) No Person shall park or otherwise leave an E-scooter anywhere except in parking spaces designated to Bicycles or E-scooters. (8) No Person under the age of 16 years shall operate an E-scooter. (9) Every Person under the age of 18 years old shall wear a bicycle helmet that complies with the Highway Traffic Act when operating an E-Scooter. (10) No Person operating an E-Scooter shall carry any other Person thereon. (11) No Person operating an E-Scooter shall tow another Person, Vehicle, or device. (12) No Person operating an E-Scooter shall attach themselves to another E- Scooter, Vehicle, or device for the purpose of being drawn or towed. (13) No Person operating an E-Scooter shall operate it in any position other than while standing at all times. (14) No Person riding an E-Scooter shall carry any package or article or act in such a way as to prevent that Person from maintaining one hand on the handlebars at all times, including while signaling for a turn or stop and in any case, no Person shall fail to maintain control of an E-Scooter. (15) No Person shall carry cargo on an E-Scooter. (16) The operator of an E-Scooter shall keep a safe distance from Pedestrians and other users at all times. ( 17) The operator of an E-Scooter shall give way to a Pedestrian, Pedal-Assisted Bicycle, or Power-Assisted Bicycle by slowing or stopping, as necessary, where there is insufficient space for the E-Scooter to pass. (18) No Person shall operate an E-scooter at a speed that is markedly greater than the speed of the Pedestrians who are nearby. (19) Every owner or operator of an E-scooter shall ensure all of its components are maintained in good working order at all times. (20) Every owner or operator of an E-scooter shall ensure its weight, including the weight of the battery but otherwise unladen, does not exceed 45 kilograms. ----------- --·--·-----··· -·······-···-·-··-··-··-····--·····- The Corporation of the City of Richmond Hill By-law 90-25 Page 5 . (21) Every owner or operator of an E-Scooter shall ensure its equipped with a bell or horn, which shall be kept in good order and sounded whenever it is reasonably necessary to notify cyclists, Pedestrians, or others of its approach. (22) When operated at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, Persons and Vehicles are not clearly discernible at a distance of 150 metres or less, every owner or operator of an E-Scooter shall carry a lighted lamp displaying a white or amber light at the front and a lighted lamp displaying a red light at the rear. The lamps may be attached to the E- Scooter or may be worn by the operator on his or her person. (23) Every owner or operator of an E-scooter shall ensure such E-Scooter has one or more electric batteries that are the sole source of power to the motor. (24) Every owner or operator of an E-Scooter shall ensure the battery and motor is securely fastened to the E-scooter to prevent them from moving while the E- scooter is in motion. (25) Every owner or operator of an E-Scooter shall ensure all electric terminals on such E-scooter are completely insulated and covered. (26) No Person shall operate an E-scooter which has: a. A seat; b. Pedals; c. A basket; or d. Wheels with a diameter of more than 17 inches. (27) No owner or operator of an E-scooter shall modify such E-Scooter after its manufacture in any way that may result in increasing its power or its maximum speed beyond 24 kilometers per hour. (28) Every owner or operator of an E-Scooter shall ensure the motor ceases to propel the E-scooter forward if the accelerator is released or the brakes are applied. (29) Every owner or operator of an E-Scooter shall ensure the braking system is capable of bringing the E-scooter, while being operated at a speed of 24 kilometers per hour on a clean, paved and level surface, to a full stop within nine (9) metres from the point at which the brakes were applied. (30) No Person shall operate or use an E-Scooter in such a manner that it may harm, injure or damage, either directly or indirectly, any Person or property. (31) No Person or corporation shall permit other individuals or corporations to use an E-scooter on a temporary membership basis or fee per use basis or any other commercial arrangement, including free trials, between the parties for the use of the E-scooter unless specifically authorized by the Corporation by way of permit, license, or contract with the Corporation. 2.3 Bicycles ( 1) No Person shall operate a Bicycle, Pedal-Assisted Bicycle, or Power- Assisted Bicycle except on a: a. Bicycle Lane; b. Cycle Track; c. Multi-Use Path; or d. Highway. The Corporation of the City of Richmond Hill By-law 90-25 Page 6 (2) No Person shall ride a Bicycle, Pedal-Assisted Bicycle, or Power-Assisted Bicycle on a Highway unless the Bicycle, Pedal-Assisted Bicycle, or Power- Assisted Bicycle is ridden as close as practicable to the right hand curb or edge of the Highway, except while overtaking and passing another Vehicle proceeding in the same direction, or while preparing for a left turn at an intersection or into a private road or driveway. (3) No Person shall operate a Power-Assisted Bicycle on a trail or in a park as regulated pursuant to the City's Park Use By-law No. 19-22, as amended. Where such use is prohibited in parks, those restrictions shall apply in addition to any restrictions set out in this by-law. (4) No Person shall ride or push a Bicycle, Pedal-Assisted Bicycle, or Power- Assisted Bicycle along a Highway alongside another Bicycle, Pedal-Assisted Bicycle, Power-Assisted Bicycle or E-scooter. (5) No Person shall operate or use a Bicycle, Pedal-Assisted Bicycle, or Power- Assisted Bicycle within a Pedestrian Crosswalk. (6) No Person shall park or otherwise leave a Bicycle, Pedal-Assisted Bicycle, or Power-Assisted Bicycle anywhere except in parking spaces designated to Bicycles. (7) No Person shall operate a Bicycle, Pedal-Assisted Bicycle, or Power- Assisted Bicycle at a speed that is markedly greater than the speed of the Pedestrians who are nearby. (8) No Person riding a Bicycle, Pedal-Assisted Bicycle, or Power-Assisted Bicycle on a Highway shall carry any package or article or act in such a way as to prevent that Person from maintaining one hand on the handlebars at all times, including while signaling for a turn or stop and in any case, no Person shall fail to maintain control of a Bicycle, Pedal-Assisted Bicycle, or Power-Assisted Bicycle. (9) Every owner or operator of a Bicycle, Pedal-Assisted Bicycle, or Power- Assisted Bicycle shall ensure all of its components are maintained in good working order at all times. (10) No Person shall operate or use a Bicycle, Pedal-Assisted Bicycle, or Power- Assisted Bicycle in such a manner that it may harm, injure or damage, either directly or indirectly, any Person or property. (11) No Person or corporation shall permit other individuals or corporations to use a Power-Assisted Bicycle on a temporary membership basis or fee per use basis or any other commercial arrangement, including free trials, between the parties for the use of the Power-Assisted Bicycle unless specifically authorized by the Corporation by way of permit, license or contract with the Corporation. 2.4 Sidewalks (1) No Person shall operate or use a Bicycle, Pedal-Assisted Bicycle, Power- Assisted Bicycle, or E-Scooter over or upon a Sidewalk save at a properly constructed crossing. This provision shall not apply to baby carriages, children's tricycles, or other such conveyances appropriate to Sidewalks. (2) For the purposes of subsection 2.4, Persons authorized to ride a Bicycle, Pedal- Assisted Bicycle, Power-Assisted Bicycle, or E-Scooter on a Sidewalk are a member of the York Region Police Service, a Person who is 14 years or younger, or a Person who is older than 14 years whose mobility is limited by one or more disabilities, conditions, or functional impairments. 2.5 Bicycle Lanes The Corporation of the City of Richmond Hill By-law 90-25 Page 7 (1) No Person shall operate a Vehicle other than a Bicycle, Pedal-Assisted Bicycle, Power-Assisted Bicycle, or E-Scooter in a Bicycle Lane, except for the purpose of: a. Ingress to or egress from a private lane or driveway adjacent to the Bicycle Lane; b. Making a turn at a Highway intersecting the Bicycle Lane; c. Entering or exiting a curb lane used for parking; d. Operating a public transit vehicle while actively engaged in loading or unloading of passengers; e. Loading or unloading of a Person with a disability, while actively engaged in doing so; f. Operating a school bus while actively engaged in picking up or dropping off school children; or g. Operating a taxicab or other service while actively engaged in loading or unloading of passengers. (2) No Person shall stop a Vehicle other than a Bicycle, Pedal-Assisted Bicycle, Power-Assisted Bicycle, or E-Scooter in a Bicycle Lane, except for the purpose of: a. Operating a public transit vehicle while actively engaged in loading or unloading of passengers; b. Loading or unloading of a Person with a disability, while actively engaged in doing so; c. Operating a school bus while actively engaged in picking up or dropping off school children; or d. Operating a taxicab or service while actively engaged in loading or unloading of passengers. 2.6 Cycle Tracks and Multi-Use Paths (1) No Person shall operate a Vehicle other than a Bicycle, Pedal-Assisted Bicycle, Power-Assisted Bicycle, or E-Scooter in any Cycle Track or Multi- Use Path except for the purpose of ingress to or egress from a private lane or driveway adjacent to the Cycle Track or Multi-Use Path. (2) No Person shall stop a Vehicle other than a Bicycle, Pedal-Assisted Bicycle, Power-Assisted Bicycle, or E-Scooter in any Cycle Track or Multi-Use Path. 2.7 Micromobility and Public Transit Vehicles (1) Where a Person operating a Bicycle, Pedal-Assisted Bicycle, Power- Assisted Bicycle, or E-Scooter in any Bicycle Lane, Cycle Track, or Multi- Use Path approaches a public transit vehicle which is stationary for the purpose of taking on or discharging passengers, that person shall not pass the public transit vehicle or approach nearer than two (2) meters measured back from the rear or front entrance or exit, as the case may be, of the public transit vehicle on the side on which passengers are getting on or off until the passengers have crossed the Bicycle Lane, Cycle Track, or Multi-Use Path. (2) Subsection 2. 7( 1) does not apply to the following Vehicles if compliance would be impracticable: The Corporation of the City of Richmond Hill By-law 90-25 Page 8 a. Ambulances, police or fire services vehicles, or any other Vehicle actively engaged in responding to an emergency; or b. Vehicles actually and actively engaged in works undertaken for or on behalf of City or a public utility, including utilities providing telecommunications, energy, water supply, or wastewater related services. ARTICLE 3 - Enforcement 3.1 Compliance (1) A Municipal By-law Enforcement Officer is authorized to enforce the provisions of this By-law and for the purpose of such enforcement may exercise any of the powers and perform any of the duties set out in this By-law. (2) A Municipal By-law Enforcement Officer may direct any Person believed to be contravening or have contravened any provisions of this By-law to immediately desist from the activity constituting or contributing to such a contravention. 3.2 Identification (1) A Municipal By-law Enforcement Officer may require the name, address, and proof of identity of any Person believed to have committed or is committing an offence under this By-law, and the Person shall supply the required information. (2) No Person shall provide any false information in any statement made to a Municipal By-law Enforcement Officer investigating an offence under this By- law. ARTICLE 4 - Penalty 4.1 Penalty ( 1) Every Person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to pay a fine, and such other penalties, as provided for in the Provincial Offences Act, R.S.O 1990, c. P. 33, as amended. (2) For the purposes of this By-law, an offence is a second or subsequent offence if the act giving rise to the offence occurred after a conviction had been entered at an earlier date for the same offence. (3) For the purposes of this By-law, "multiple offence" means an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this By-law. 4.2 Alternative to Charge (1) In lieu of laying a charge under the Provincial Offences Act, R.S.O 1990, c. P. 33 for a breach of any provision of this By-law, a Municipal By-law Enforcement Officer may issue a Penalty Notice to the Person who has contravened this By- law in accordance with the service requirements of the Corporation's Administrative Penalty By-law. For greater certainty, the Municipal By-law Enforcement Officer has the discretion to either proceed by way of an Administrative Penalty or a charge laid under the Provincial Offences Act. If an Administrative Penalty is issued to a Person for the breach, no charge shall be laid against that same Person for the same breach. The Corporation of the City of Richmond Hill By-law 90-25 Page 9 4.3 Amount - Payment ( 1) A Person served with a Penalty Notice shall be liable to pay to the Corporation an Administrative Penalty in the amount specified in Schedule "A" of the Administrative Penalty By-law. An Administrative Penalty for a contravention of this By-law that is not paid within 15 days after the day it becomes due and payable, constitutes a debt of the Person to the Corporation and may be added to a municipal tax roll and collected in the same manner as municipal taxes. 4.4 Procedures (1) A Person who is issued a Penalty Notice shall be subject to the procedures as provided for in the Administrative Penalty By-law.