DAR File No. 37770

Regents (Board Of), University of Utah, Administration

Rule R805-1

Operating Regulations for Bicycles, Skateboards and Scooters

Notice of Proposed Rule

(Amendment)

DAR File No.: 37770
Filed: 06/26/2013 12:27:24 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to provide greater clarity regarding the rules for operating non-pedestrian devices on the University of Utah campus. It is also being amended to provide the University with more effective tools to enforce, and obtain compliance with the policy including greater sanctions and the ability to impound devices in appropriate circumstances.

Summary of the rule or change:

This change is to better define the University's expectations regarding operation of non-motorized vehicles on campus, to balance the interests between encouraging non-motorized travel and protecting pedestrian safety, and to create better tools to enforce the rule and sanction individuals who violate the rule.

State statutory or constitutional authorization for this rule:

• Section 53B-2-106
• Section 53B-3-101
• Section 76-8-701 et seq.

Anticipated cost or savings to:

the state budget:

The University does not anticipate any financial impact to the state budget associated with amending this rule. This rule change provides the University with better mechanisms to enforce the already existing rule. These changes will have no effect on the existing costs for enforcement of this rule.

local governments:

The University anticipates no costs or savings to local government as a result of the rule because the rule does not apply to local governments and local governments will have no obligations for the implementation of the rule.

small businesses:

The University anticipates no costs or savings to small businesses as a result of the rule. The rule governs the conduct of individuals, not businesses.

persons other than small businesses, businesses, or local governmental entities:

The only persons who will be affected by the rule are those who violate the rule and who may receive sanctions as a result of their actions.

Compliance costs for affected persons:

Persons who violate the rule may be subject to sanctions as outlined in Subsection R805-1-3(B) of the amended rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule applies to individuals who engage in activities and conduct them on the University's property. The rule does not apply to business entities. Therefore, the rule should have no fiscal impact on businesses.

David Pershing, President

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Regents (Board Of)
University of Utah, Administration
Room 309 PARK BLDG
201 S PRESIDENTS CIR
SALT LAKE CITY, UT 84112-9009

Direct questions regarding this rule to:

• Robert Payne at the above address, by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2013

This rule may become effective on:

08/21/2013

Authorized by:

Robert Payne, Associate General Counsel

R805. Regents (Board of), University of Utah, Administration.

R805-1. Operating Regulations for Bicycles, Skateboards, Rollerskates and Scooters (Non-Motorized Riding Devices).

R805-1-1. Purpose and Scope.

[ To set forth the regulations that govern the operation and use of bicycles, skateboards and scooters on the campus of, or on other property owned, operated or controlled by, the University of Utah.

] A. The purpose of this Rule is to govern the operation and use of non-motorized riding devices, including bicycles, skateboards, rollerskates and scooters, on the campus of, or on other premises owned, operated or controlled by, the University of Utah.

The University wishes to encourage and facilitate the use of non-motorized forms of transportation to, from and across the University campus while also ensuring a safe environment for pedestrians, reducing risks of personal injury for pedestrians or device riders, and avoiding damage to University facilities caused by inappropriate use of devices on University premises. This Rule is intended to balance these interests.

B. This Rule governs the use of non-motorized riding devices by members of the public who visit the University of Utah campus. It is not intended to govern use by current University students and faculty, University employees, and other persons who are formally affiliated with the University. The use of such devices on University premises by members of the University community is governed by University of Utah Policy 3-232.

This Rule is not intended to govern the use of any non-motorized riding device carried out as a planned part of a special event specifically approved by University officials to be conducted on University premises, including a riding competition, exhibition, or similar event. Use of riding devices as part of any such event will be governed by the terms of any applicable contract or event rules.

 

R805-1-2. Definitions.

These definitions apply for the limited purposes of this Rule.

A. "Bicycle "[:every] means a device propelled by human power upon which [any]a person may ride having two tandem wheels either of which is more than 12 inches in diameter . [and] It also includes any device generally recognized as a bicycle, although equipped with more than one front or rear wheel (e.g., a tricycle).

B. "Skateboard "[: every] means a non-motorized device consisting of two or more wheels affixed to a platform or footboard upon which a rider stands and which does not have steering capability similar to that of a bicycle [and does not have]or brakes which operate on or upon the wheels of the skateboard. It also includes every device generally recognized as a skateboard.

C. "Scooter "[: every] means a non-motorized device consisting of two or more wheels affixed to a platform or footboard upon which a rider stands and which has a handle or other mechanism [at the front] for holding or guiding the device. It also includes every device generally recognized as a scooter. [It does not include such devices if they have steering capability similar to a bicycle and also have brakes that operate on or upon the wheels of the device.] It does not include mopeds, whether operated with or without motor power. For the purpose of [these regulations]this Rule mopeds and motorcycles are considered motor vehicles , and are not within the scope of this Rule.

D. "Rollerskates" means a device consisting of a shoe with a set of wheels attached for skating or a metal frame with wheels attached that can be fitted to the sole of a shoe worn by a person. It includes in-line skates, rollerblades and every device generally recognized as rollerskates.

E. "University premises" means the University campus and any other real property or structure located on real property owned, operated or controlled by the University of Utah.

F. "Non-motorized riding device" means any non-motorized device designed or used for riding by one or more persons including any bicycle, skateboard, scooters, or rollerskates, as defined above. "Non-motorized riding device" does not include a wheelchair or similar device when being used for transportation by any person with disabilities or a baby stroller or similar device when being used for transporting any child.

G. "Visitor" means a member of the public who visits University premises and is not a student, employee or other person who is formally affiliated with the University.

 

R805-1-3. [Policy]Rule.

A. [Bicycles]Permissible and Impermissible Uses of Non-Motorized Riding Devices.

1. In areas where designated bicycle paths are provided, bicycles may only be ridden in such designated bicycle paths. Where bicycle paths are not available for reaching a particular location, bicycles may be ridden upon roadways and pedestrian sidewalks to reach such areas. However, the University may identify and by appropriate signage designate some locations in which bicycle riding is prohibited either permanently or during certain time periods (e.g., restricting bicycle riding on certain highly congested pedestrian walkways during designated periods). Bicycle riders shall comply with all official traffic control devices and signs including posted signs prohibiting riding in a particular designated location. Bicyclists may dismount and walk their bicycles across any pedestrian accessible area in which bicycling riding is prohibited.

2. Skateboards, scooters and rollerskates (or other non-motorized riding devices other than bicycles ) may only be ridden upon designated bicycle paths and pedestrian pathways. Riding such devices on roadways or in parking lots is strictly prohibited at all times--because the University has determined that such uses would present unacceptable risks of injury to riders and other users, and unacceptable impeding of motor vehicle traffic in such areas . Also, the University may identify and by appropriate signage designate certain areas in which riding of any particular type of non-motorized device is prohibited (e.g., it may designate certain pedestrian pathways as off-limits for skateboard riding because risks of personal injury are heightened due to steep grades or congestion). Persons riding such non-motorized riding devices shall comply with all official traffic control devices and signs including posted signs prohibiting riding in a particular designated location. Device users may dismount and carry their devices across any pedestrian accessible area in which riding of such devices is prohibited.

3. Non-motorized riding devices, of any type, shall not be ridden upon any stairway, wall, bench, fountain, or other structure or facility, or on or over landscaping, shrubbery, grass or flower beds. Such devices shall not be ridden within any building or parking structure.

4. Every person riding a non-motorized riding device in any pedestrian accessible area shall yield the right of way to pedestrians at all times.

[1]5. Every person [operating a bicycle]riding a non-motorized riding device shall ride their device in a controlled manner and shall exercise due care and reasonable caution to prevent injury to others, to [him]self, or to property.

[ 2. Every person operating a bicycle shall yield the right of way to pedestrians at all times.

] [3.]6. No person [operating a bicycle]riding a non-motorized riding device shall exceed a reasonable and proper speed under the circumstances then and there existing [and in no event](including the limited braking or steering capabilities of the device). In no instance shall any person operate a [bicycle]non-motorized riding device at a speed greater than 10 miles per hour upon any bicycle path, sidewalk or other pedestrian pathway[ except as part of a university approved competition or function].

[ 4. Bicycles shall not be ridden upon any stairway, wall bench, or other structure or facility or on or over shrubbery or flower beds. Bicycles shall not be ridden within any building.

5. Unless otherwise provided by regulations or traffic signs, bicycles may only be ridden upon roadways and sidewalks, except that where a bicycle path has been provided adjacent to a roadway or sidewalk, bicycle operators shall use such bicycle path.

6. No person riding a bicycle shall attach the same in any manner to any moving vehicle, except that this shall not prohibit the attaching to a bicycle of a bicycle trailer or semitrailer specifically designed for such attachment.

] 7. [Bicycles]Non-motorized riding device shall not be ridden two or more abreast on any bicycle path, sidewalk or pedestrian walkway[, except as part of a university approved competition or function].

[ 8. No person shall ride a bicycle upon or along a sidewalk, pedestrian walkway, or across a roadway where the riding of bicycles is prohibited by official traffic control devices or signs, except as part of a university approved competition or function.

] [9.]8. No [bicycle]non-motorized riding device shall be used to carry more persons at one time than the number for which it is designed and equipped, except that an adult bicycle rider may carry a child securely attached to his/her person in a backpack or sling or in a child carrier securely attached to the bicycle. No bicycle rider shall carry any package, bundle, or other article which may prevent the rider from keeping at least on hand on the handle bars.

[ 10. No person riding a bicycle shall carry any package, bundle, or other article which prevents the operator from using at least one hand on the handle bars.

] 9. No person riding a non-motorized riding device shall attach the same in any manner to any moving motor vehicle, except that this shall not prohibit the attaching to a bicycle of a bicycle trailer or semitrailer specifically designed for such attachment.

[11.]10. Every bicycle ridden on University premises shall be equipped with such brakes, reflectors and other safety devices [at such times] as [is]are required by [State]Utah state law for operating a bicycle on streets or highways.

[12.]11. [Bicycles]No non-motorized riding devices of any type shall [not] be left unattended or parked on or at [handicap] ramps, [handicap] entrances or other facilities designated for [handicapped traffic]persons with physical disabilities or in such a manner as to impede the free and clear use of such facilities.

[13.]12. [Bicycles]No non-motorized riding devices shall [not] be left unattended or parked in the public areas of any building, including but not limited to hallways, stairwells, and classrooms. [Bicycles]Such devices shall not be left unattended or parked at or near any building entrance or exit in such [a] manner as to impede the free and clear use of such areas.

[14.]13. [Bicycles]No non-motorized devices shall [not] be parked at or attached to any fire hydrant, standpipe, building service equipment or other safety device.

[ 15. State traffic laws pertaining to bicycles are in full force and effect on the campus of, or on other property owned, operated or controlled by, the University of Utah.

B. Skateboards and Scooters

1. Every person riding a skateboard or scooter shall exercise due care and reasonable caution to prevent injury to others, to himself, or to property.

2. Every person riding a skateboard or scooter shall yield the right of way to pedestrians at all times.

3. No person riding a skateboard or scooter shall exceed a reasonable and proper speed under the circumstances then and there existing and in no event shall any person riding a skateboard or scooter exceed a speed of 10 miles per hour upon any sidewalk or pedestrian pathway except as part of a university approved competition or function.

4. Skateboards and scooters shall not be ridden upon any stairway, wall, bench, or other structure or facility or on or over any landscaped area, including, but not limited to, grass areas, shrubbery, or flower beds. Skateboards and scooters shall not be ridden within any building.

5. Unless otherwise provided by regulations or traffic signs, skateboards and scooters may only be ridden upon pedestrian sidewalks. Skateboards and scooters shall not be ridden upon any sidewalk where there is a posted sign prohibiting such activity. Except as part of a university approved competition or function, skateboards and scooters shall not be ridden upon any parking lot.

6. Skateboard and scooter riders shall not engage in obstacle riding or other acts or maneuvers which endanger the rider or others.

7. The appropriate bodies may adopt policies concerning the riding of skateboards and scooters in university student apartment areas.

8. Operators of those devices which are excluded form the skateboard or scooter category in these regulations because they have steering capability similar to a bicycle and because they have brakes which operate on or upon the wheels of the device shall comply with the regulations herein for bicycles.

9. Any state laws pertaining to skateboards and scooters are in full force and effect on the campus of, or on other property owned, operated or controlled by, the University of Utah.

C. Sanctions

1. These regulations may be enforced against university students, university staff and university faculty by violation notices which may be processed and settled through the parking citation and appeals procedures and offices.

2. Payment of violation notice fees shall be within seven working days. After that additional fees or penalties may be invoked. It is the responsibility of the recipient of the violation notices to promptly settle them.

3. Unsettled violation notice fees may be withheld from the paychecks of faculty and staff.

4. Registration holds may be placed against delinquent student violators; student registration may be canceled in any instance where a student circumvents the system and registers without clearing delinquent violation notices; transcripts of credits may be withheld for students leaving the university with delinquent violation notices.

5. Chronic or flagrant student violators may be referred to the Student Behavior Committee for appropriate disciplinary action.

6. Alternative violation notices may be issued to persons not affiliated as student, staff or faculty with the university and will be handled the same as alternative parking violation notices.

7. Violation notices for violations of these regulations may be appealed to the Parking Appeals Office under the same rules, including time limitations, as parking violation notices.

8. Adverse ruling of the Parking Appeals Officer may be appealed to the Campus Parking Citation Appeals Committee under the same rules, including time limitations, as parking violation notices.

9. Bicycles, scooters or skateboards parked or placed in prohibited areas may be impounded, or otherwise secured. Bicycles, scooters or skateboards parked or placed in areas where they constitute a hazard to others may be removed and impounded.

10. In appropriate cases, including but not limited to chronic or flagrant violations of these regulations, university affiliated persons or non-university affiliated persons may be prohibited from bringing onto the campus bicycles, scooters or skateboards.

11. In appropriate cases, including but not limited to chronic or flagrant violations of these regulations, nonuniversity affiliated persons may be prohibited entry upon the campus.

] B. Sanctions for Impermissible Uses

1. Any Visitor who violates sections III(A)(1) through III(A)(10), above may be subject to the following sanctions:

a. For a first offense, the University will record the individual's name and provide a written warning against further non-motorized riding device use in violation of this Rule. If, at the time of violation, an individual does not produce satisfactory identification, his/her non-motorized riding device will be impounded. The non-motorized riding device will be released when the individual presents appropriate proof of the individual's identification to the University's Department of Public Safety. There is no impoundment fee (or any fine) for the first offense. (However, note that per section III-E below, any violation which results in serious injury to another person or major damage to property could result in criminal prosecution or civil liability under applicable Utah state law. In such serious cases, a Public Safety officer may take the device into custody as evidence).

b. For a second offense which takes place within twenty-four months of an individual's first offense or warning, the non-motorized riding device will be impounded for not less than forty-eight hours and the individual shall be required to pay a fine of not less than $100 dollars plus the applicable impoundment fee.

c. For offenses after an individual's second offense, which are within twenty-four months of the individual's immediately preceding offense, the non-motorized riding device will be impounded for not less than thirty calendar days and the offender shall be subject to an escalating schedule of fines for each offense beyond the second offense, plus the applicable impoundment fee.

d. In appropriate cases, including but not limited to chronic or flagrant violations of this Rule, Visitors may be prohibited from riding or using non-motorized devices on University premises, permanently or for a designated period.

e. In appropriate cases, including but not limited to chronic or flagrant violations of this Rule, Visitors may be subject to eviction or denial of access to University premises.

2. Any Visitor who violates sections III(A)(1) through III(A)(14), above may be subject to the following sanctions:

a. Receipt of a violation notice which will be processed and settled through the office of Commuter Services. Violation notice fees shall be paid within seven working days of receipt of the notice. After the seven day period, additional fees or penalties will be invoked. It is the responsibility of the recipient of a violation notice to promptly settle it.

b. Non-motorized devices parked or placed in prohibited areas will be impounded, or otherwise secured by the Department of Public Safety. Non-motorized devices parked or placed in areas where they may constitute a hazard to others will be removed and impounded.

3. The sanctions set forth under section III(B)(2) will not be applied in an instance in which an individual receives sanctions under section III(B)(1) for the same offense.

4. All Utah state laws pertaining to non-motorized riding devices are in full force and effect on University premises. In particular, improper usage of such devices resulting in injury to other persons or property damage may subject the user to criminal prosecution or civil liability under applicable state law, in addition to any sanctions provided for under this Rule.

C. Impoundment

Impounded non-motorized riding devices will be held by the University's Department of Public Safety or office of Commuter Services and released only during regular business hours to individuals with satisfactory identification. Payment of an impoundment fee (not to exceed $25) will also be required for release, except as provided in (III)(B)(1)(a) above.

Devices impounded under this section will be held for a maximum of sixty days following the applicable impoundment period. Devices not retrieved during this period are presumed to have been abandoned and will be subject to disposal by University Surplus and Salvage. The device owner who has abandoned his/her device shall not be entitled to repurchase the device at University Surplus and Salvage.

The University and its officers, agents, and employees shall not be liable for loss or damage of any kind resulting from impounding, storage, or sale of any item under this section.

Impoundment or sale of any non-motorized riding device under this section shall neither substitute for, nor release any person from, liability for damage to persons or property caused by use of a non-motorized device on University premises (under applicable Utah law per Part III-E); nor does it remove the obligation for any fines or fees associated with the violation or other outstanding citations. Any proceeds resulting from the sale of a non-motorized riding device will be credited toward the outstanding fee associated with the impoundment of that device.

D. Appeals

1. Impoundments and fines or fees assessed pursuant to Section III(B)(1) above may be appealed to the Office of the Vice President for Administrative Services. The decision of the Vice President for Administrative Services, or his designee, shall be final.

2. Violation notices provided pursuant to Section III(B)(2) above may be appealed to the University's office of Commuter Services under the same rules, including time limitations, as parking violation notices. See Policy 5-206 Vehicle Parking Policy. An adverse ruling of an Appeals Officer may be appealed to the Parking Appeals Committee under the same rules, including time limitations, as parking violation notices. The decision of the Parking Appeals Committee shall be final.

 

KEY: bicycles, pedestrians, safety, speed limits, skateboards

Date of Enactment or Last Substantive Amendment: [1989]2013

Notice of Continuation: March 12, 2013

Authorizing, and Implemented or Interpreted Law: 53B-2-106; 53B-3-101; 76-8-701 et seq.