Chapter 055: Electronic Motorized Devices/Electric Scooters

[HISTORY: Adopted by the Town Council of the Town of Durham through Ordinance #2020-04 dated February 3, 2020].

55-1.    General Provisions

This ordinance shall govern the use of all motorized devices, such as scooters, within the Town of Durham.  Motorized devices are not considered motorized vehicles per NH motor vehicles laws.

55-2.    Definition

For the purpose of this ordinance the term ‘motorized devices’ shall mean any device with a gas or electric engine and wheels joined to the bottom of a narrow platform that may or may not have vertical handles fixed to the platform, frame or wheels that is powered without the assistance of human peddling, pushing or gliding.  It shall not include mobility devices used by the elderly or those with disabilities.

55-3.    Obedience to traffic control ordinances; effect of conflict

Any person operating a motorized device operated upon any public roadway within the Town shall be operated in accordance with all the provisions contained in the traffic ordinances of the Town and with the provisions of New Hampshire Chapter 265-Rules of the Road, except that when any provision contained in such ordinances conflicts with any provision in this chapter, the provisions of this chapter shall predominate, or when by their nature they can have no application thereto. Operation of these devices upon any Town sidewalk is strictly prohibited.  Use of motorized devices on University of New Hampshire multi-use trails, sidewalks or roadways shall be subject to regulations of the University of New Hampshire

55-4.    Obedience to traffic control ordinances; exceptions

Drivers of motorized vehicles must obey all official traffic signals, signs, and other control devices within the Town used in regulating and directing traffic, unless otherwise directed by a police officer; and on public roadways where authorized signs are erected, no person or persons operating a motorized device in the Town shall disobey the regulation contained therein, except that when such person dismounts from the motorized device to make any such maneuver, the operator shall obey all the traffic ordinances provisions applicable to pedestrians.

55-5.    Age Requirements

The use of a motorized device on public rights of way by individuals under the age of 16 is strictly prohibited.

55-6.    Equipment Required

No person shall operate a motorized device unless it is equipped with a brake, lights, and bell or audible alert.

Any motorized devices operated upon any public roadway during the period one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, and whenever rain, snow or fog shall interfere with the proper view of the road shall be equipped with a lamp emitting a white light visible from a distance of 300 feet in front of the motorized device and with a red reflector on the rear that will be visible from a distance of 300 feet to the rear when directly in front of the headlamps of a vehicle.

55-7.   Speed; direction

Motorized devices shall not be operated within the Town at a speed greater than is reasonable and prudent under the conditions then existing and in no event shall they exceed 15MPH and shall be operated as near the right-hand side of the roadway as practicable, exercising due care when passing a parked vehicle or a vehicle proceeding in the same direction.

55-8.    Yielding Right-of-Way

Motorized devices emerging from a driveway or building shall upon approaching a sidewalk or roadway yield the right-of-way to all pedestrians approaching on the said sidewalk area; and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

55-9.    Parking of Unattended Motorized Devices

Unattended motorized devices may only be parked on streets, sidewalks or other Town properties in the following areas:

•      Areas specifically designated and marked by the Town for the parking of such devices, including but not limited to corrals, pods, bike racks, or other locations designated by the Town of Durham for the parking of mobile devices; or

•      Areas in which a shared mobile device provider has received written approval from the Town for the creation of sidewalk encumbrances for the purpose of parking shared motorized devices

If any motorized device is found unattended in violation of the provisions of this ordinance by any Town official, then;

•      The Town registration information will be utilized to contact the owner, who shall be given two (2) hours to properly park the motorized device and a violation notice shall be placed on the device; or

•      If the motorized device does not contain the required registration information or if two (2) hours has passed since an attempt has been made to notify the owner that the motorized device is improperly parked, then the Town shall remove the motorized device from the street, sidewalk or, other location of improper parking and secure the motorized device in a location to be determined by the Town.

If a motorized device is left unattended in a manner which blocks pedestrian passage on a sidewalk or street or otherwise presents a public safety hazard, it shall be removed immediately by the Town and secured in a location to be determined by the Town.

Whenever a device has been removed from the street, sidewalk, or other public area by the Town, it shall be removed and impounded at the owner's risk and expense and shall not be released until authorized by the Durham Police Department and after the owner has provided satisfactory proof that the person making the request owns the motorized device and has paid any and all costs incurred by the Town in impounding the motorized device as well as any other penalties due as a result of the illegal parking.

Any motorized device that has been removed from the street, sidewalk, or other public area in the Town and not redeemed as allowed by this ordinance within thirty (30) days shall be disposed of by the Town without compensation to the owner.

55-10.  Rental

No person shall rent, or offer for rent, any motorized device within the Town unless it is properly registered and equipped in accordance with the provision of this chapter.

55-11.  Registry Required

No person shall ride or propel a motorized device on any public roadway within the Town, or upon any other public path established for the exclusive use of bicycles, unless such motorized device has been properly registered as herein provided. 

55-12.  Penalties

Any person or persons violating any act or provision of this ordinance shall be fined not more than $100 for the first offense and $150 for the second offense. Also any person or persons violating this ordinance a third time faces a summons as well as impoundment of the motorized device and any cost of towing and storage.

55-13.  Application

Any person or corporation requiring a motorized devices registration shall submit application in writing to the Chief of Police, or their authorized agents. Each application shall be made on an approved form to be provided by the Police Department as it may deem necessary for the proper enforcement of this chapter.

55-14.  Issuance

It shall be the duty of the Chief of Police or their agents to act on all motorized devices registration applications received and to issue the same when the provisions of this chapter have been met by the applicant, including the certification by the applicant that the motorized device is in good state and safe mechanical condition.

55-15.  Fee; Duration

A.   The fee for each motorized device registration issued shall be established by the Town Administrator and included in the Town-wide Master Fee Schedule. A motorized device shall be considered registered for the entire life of the motorized device, unless the sticker provided by the Chief of Police has been mutilated, destroyed, altered, lost, or removed. If a new sticker is required, there will be a $5.00 fee

B.    Upon transfer of ownership of the motorized device the new owner shall re-register the motorized device for a fee to be established by the Town Administrator and included in the Town-wide Master Fee Schedule