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(First Reading) AN ORDINANCE REGULATING THE OPERATION OF BICYCLES AND PERSONAL MOBILITY DEVICES IN THE CITY OF FOLEY
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WHEREAS, in recent years the number and type of personal mobility devices, many with electric-driven power assistance, has increased dramatically; and
WHEREAS, the City Council of Foley finds that the unsafe operation of bicycles and personal mobility devices on public property, and on portions of private property open to the public for pedestrian and bicycle travel, poses a significant risk to the health, safety and welfare of persons, pedestrians, motorists, and children throughout the City; and
WHEREAS, it is wise, necessary, and expedient to implement reasonable regulations on the operation and use of bicycles and personal mobility devices pursuant to the City's police power to protect the public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, WHILE IN REGULAR SESSION ON THE 16th DAY OF November, 2026, as follows:
Section 1. That this Ordinance shall be codified in the Foley Code of Ordinances under Chapter 15, Article I by adding Section 15-23 to read as follows: Sec. 15-23 - Operation of Bicycles and Mobility Devices in the City of Foley.
(a) Policy Statement. This section is adopted pursuant to the City’s police power to protect the public health, safety, and welfare, and to better promote the safe use and operation of mobility devices, to prevent vehicular and pedestrian conflicts with mobility device users, to prevent hazards to public safety caused by mobility device users, and to enhance pedestrian and motorist safety.
(b) Definitions. For purposes of this Section, the following words and phrases shall have the meanings ascribed to them herein:
ABANDONED means a regulated mobility device that has been left unattended on public property or on private property without consent of the owner for a period exceeding twenty-four (24) hours, or that has been left in a location or manner that clearly indicates the owner has relinquished possession or control, such as a device that is severely damaged, disassembled, or discarded.
BICYCLE is every device propelled by human power upon which an individual may ride, having two tandem wheels either of which is more than 14 inches in diameter.
BICYCLE LANE means a portion of a roadway or highway that has been designated for the preferential or exclusive use of bicycles by pavement markings or signage.
BICYCLE PATH means a facility physically separated from motor vehicle traffic by an open space or barrier and designated for the exclusive or preferential use of bicycles.
BUS STOP means a designated area, whether marked by signage, pavement markings, or a shelter, where public transit vehicles are authorized to stop to pick up or discharge passengers.
CROSSWALK means (i) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from
the edges of the traversable roadway; or (ii) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
ELECTRIC BICYCLE is a bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts that meets the requirements of one of the following three classes:
CLASS 1 ELECTRIC BICYCLE is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
CLASS 2 ELECTRIC BICYCLE is an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
CLASS 3 ELECTRIC BICYCLE is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE is a self- balancing, two non-tandem wheeled device designed to transport only one individual with an electric propulsion system with an average power of 750 watts (1 h.p.), that has a maximum speed on a paved level surface, when powered solely by the propulsion system while ridden by an operator who weighs not more than 170 pounds, of less than 20 miles per hour, commonly known as a Segway, and including similar self-balancing devices such as hoverboards. The term does not include a motorized bicycle, motorized scooter, or motorized skateboard.
ELECTRONICALLY MOTORIZED BOARD is a wheeled device, typically with one or two wheels, propelled by an electric motor and controlled by the rider’s balance or a handheld remote, commonly known as an electric skateboard or powered skateboard. This term does not include devices or equipment meeting the definition of “toy vehicles” under Section 15-101 of the Foley Code of Ordinances.
EXCLUSION ZONE means an area designated by the City Council, or by the Mayor or City Administrator pursuant to delegated authority, in which the operation of regulated mobility devices is temporarily or permanently
prohibited.
GOLF CART PATH means a path, lane, or way designated by the City pursuant to Section 15-22(g) of the Foley Code of Ordinances as a “golf cart path.”
HIGHWAY, ROADWAY, and STREET shall have the meanings ascribed to those terms by Ala. Code § 32-1-1.1, and as used in this Section, the terms “street,” “road,” and “highway” shall be used interchangeably to mean “highway” as defined by state law.
INTERSECTION means the area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
MOPED is a vehicle traveling on not more than three wheels in contact with the ground, equipped with a motor having a maximum piston displacement of 50 cubic centimeters or less, and a maximum speed not in
excess of 25 miles per hour on a level surface. The term does not include electric bicycles.
MOTORCYCLE is a motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding an electric bicycle.
MOTOR-DRIVEN CYCLE is a motorcycle, including every motor scooter, with a motor that produces not more than five brake horsepower nor exceeds 150 cubic centimeter engine displacement, and weighs less than 200 pounds fully equipped, and every bicycle with a motor attached. The term does not include electric bicycles.
MOTORIZED SCOOTER means a device weighing less than 100 pounds that has handlebars and an electric motor, is solely powered by the electric motor or human power, and has a maximum design speed of no more than
20 miles per hour on a paved level surface when powered solely by the electric motor. A device otherwise meeting this definition but with a maximum design speed exceeding 20 miles per hour shall nonetheless be
classified as a motorized scooter for purposes of this Section. This term includes two-wheeled electric scooters with an upright handlebar and a rectangular platform on which the rider stands, but does not include an
electric bicycle, electric personal assistive mobility device, motorcycle, or moped.
MULTI-USE PATH means an off-road facility of asphalt, concrete or crushed aggregate intended to accommodate multiple types of non- vehicular traffic, such as pedestrians, joggers, cyclists, or skaters.
OPERATE or OPERATION means to ride, drive, control, or otherwise use a regulated mobility device in motion, but does not include walking alongside or manually pushing such device while not riding it.
OPERATOR means any person who operates a bicycle or regulated mobility device.
PERSON means any natural person, corporation, partnership, limited liability company, association, firm, or other legal entity.
PUBLIC PROPERTY means any real property owned, leased, or controlled by the City of Foley, Baldwin County, the State of Alabama, or any political subdivision thereof, including but not limited to streets, roads, highways, sidewalks, parks, plazas, parking lots, and public rights-of-way.
REGULATED MOBILITY DEVICE means an electric bicycle, electric personal assistive mobility device, electronically motorized board, motorized scooter, shared mobility device, and any other motorized or electric-powered device designed or used primarily to transport one or more persons that: (i) is not a “motor vehicle” as defined by Ala. Code § 32-1- 1.1(35); (ii) is not a “low-speed vehicle” as defined by Ala. Code § 32-1- 1.2; (iii) is not required to be registered or titled under Alabama law; and (iv) is not an implement of husbandry, special mobile equipment, or other device excluded from regulation under Ala. Code Title 32. This term also does not include wheelchairs or other power-driven mobility devices used by individuals with mobility disabilities as defined by the Americans with Disabilities Act and 28 C.F.R. § 35.137.
RECKLESS MANNER means operating a bicycle or regulated mobility device with willful or wanton disregard for the safety of persons or property, or in a manner that a reasonable person would recognize as creating a substantial risk of harm to persons or property.
SHARED MOBILITY DEVICE means a type of transportation device, including, without limitation, a regulated mobility device and/or a bicycle, used in a shared mobility device system as defined in Ala. Code § 32-1- 1.1(66) and (67). This term also does not include wheelchairs or other power-driven mobility devices used by individuals with mobility disabilities as defined by the Americans with Disabilities Act and 28 C.F.R.
§ 35.137.
SHARED MOBILITY DEVICE OPERATOR means the owner or operator of a shared mobility device system as defined in Ala. Code § 32-1-1.1(67), being any person or entity that owns, operates, or manages a system that
provides shared mobility devices to users for short-term rentals within the City, whether or not the system requires docking stations or other similar fixed infrastructure.
SIDEWALK means that portion of a public right-of-way or street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians, and includes any other paved path or
walkway intended primarily for pedestrian travel, whether publicly or privately owned or maintained.
TRAIL means a path, other than a sidewalk, multi-use path, or bicycle path, designated for non-motorized recreational use, including walking, hiking, jogging, or cycling.
TOY VEHICLE means a device, including but not limited to a coaster, scooter, skateboard, or similar device, with or without wheels, propelled solely by human power or gravity, that is designed primarily for recreational use by children and is not designed or intended for use as a mode of transportation on public streets or highways. The term does not include bicycles, electric bicycles, or regulated mobility devices.
For the avoidance of doubt, the terms “motorcycle,” “motor-driven cycle,” and “moped,” as those terms are defined or used in Ala. Code § 32-1-1.1(36) and (37) and Ala. Code § 32-12-20 et seq., are motor vehicles subject to registration and operator licensing requirements under Alabama law and are not regulated mobility devices for purposes of this Section. Nothing in this Section shall be construed to regulate or restrict the operation of motorcycles, motor-driven cycles, or mopeds, which remain subject to Chapter 12 of Title 32 of the Code of Alabama and Sections 15- 13 through 15-18 of this chapter.
(c) ADA Compliance and Exemptions. The City shall accommodate the use of wheelchairs and other power-driven mobility devices used by individuals with mobility disabilities in accordance with the Americans with Disabilities Act (ADA) and 28 C.F.R. § 35.137. Nothing herein shall be construed to restrict or regulate the use of wheelchairs or other power-driven mobility devices lawfully used by individuals with mobility disabilities.
(d) Designation of Shared-Use Sidewalks and Exclusion Zones.
(1) The City Council may, by resolution, designate specific sidewalks for shared use by pedestrians and/or operators of bicycles and/or operators of regulated mobility devices. The Public Works Director, or designee, is authorized to install appropriate signage indicating such designation.
(2) The City Council may, by resolution, designate exclusion zones in which the operation of regulated mobility devices is prohibited, either permanently or during specified times or events. The Mayor or City Administrator is authorized to designate temporary exclusion zones for special events, emergencies, or public safety purposes for a period not to exceed seventy-two (72) hours without City Council approval; provided, however, that such period may be extended, without further City Council approval, for the duration of a declared local state of emergency, a permitted multi-day event, or active roadway, sidewalk, or other infrastructure repairs; and provided further that the Mayor or City Administrator shall notify the City Council in writing of any such temporary designation or extension within twenty-four (24) hours of its
establishment.
(3) Designations of shared-use sidewalks and exclusion zones shall be maintained by the City Clerk and made available for public inspection. The City shall install appropriate signage or markings to provide notice of any
shared-use sidewalk designation or exclusion zone established pursuant to
this subsection.
(4) In addition to the uses authorized under Section 15-22 of this chapter, the operation of regulated mobility devices is permitted on any golf cart path designated pursuant to Section 15-22(g), Foley Code of Ordinances,
subject to the operating requirements and prohibitions set forth in subsection (g) of this Section. Nothing in this subsection shall be construed to authorize the operation of a regulated mobility device on a golf cart path
in a manner inconsistent with any signage, speed limit, or other restriction
applicable to that path.
(e) Shared Mobility Device Operations Prohibited. No person or entity shall operate, offer, deploy, or make available for public hire or rental any shared mobility device or shared mobility device system within the City. It shall be unlawful to place, deploy, or maintain any shared mobility device on any public property or public right-of-way for the purpose of short-term rental or shared use. Each shared mobility device placed, deployed, or maintained in violation of this subsection shall constitute a separate offense.
(f) Parking and Placement of Bicycles and Regulated Mobility Devices. It shall be unlawful for any person to park, place, or leave any bicycle or regulated mobility device in any of the following locations or manners:
(1) In a manner that blocks, obstructs, or impedes the normal or reasonable movement of pedestrian or other traffic, or in a manner that impedes pedestrian access to any sidewalk, crosswalk, building entrance, doorway,
or ADA-accessible ramp or pathway.
(2) Within any vehicle travel lane, traffic lane, turn lane, or designated parking space for motor vehicles.
(3) Within any crosswalk, intersection, or bus stop.
(4) In a manner that blocks or obstructs access to fire hydrants, fire escapes, standpipes, or other emergency equipment or facilities.
(5) On any private property without the express consent of the property owner or lawful occupant.
(6) In any location where the device is laid on its side, or in any manner that creates a tripping hazard or obstruction.
(g) Unlawful Operation of Bicycles and Regulated Mobility Devices. Persons riding or operating regulated mobility devices shall be granted all of the rights and shall be subject to all of the duties applicable to the rider of a bicycle, except as to specific provisions in this Section and except as to those specific provisions which by their nature can have no application. Notwithstanding the foregoing, it shall be unlawful and a violation of this Section for any person to operate a bicycle or a regulated mobility device in an unsafe manner on any public street, road, highway, sidewalk, bicycle path, bicycle lane, trail, multi-use path, park, or upon any private property that is held open to the public for pedestrian or bicycle travel. Operating a bicycle or regulated mobility device in an unsafe manner includes any one or more of the following acts:
(1) Violating any provision of the City of Foley Municipal Code, the Alabama Rules of the Road (Ala. Code § 32-5A-1, et seq.), or any other applicable state or federal law or regulation governing the use or operation
of bicycles or regulated mobility devices.
(2) Operating on any street, road, or highway against the direction of
traffic.
(3) Operating in a manner other than that for which the bicycle or regulated mobility device was designed, including but not limited to carrying more passengers than the device was designed to accommodate or
carrying passengers in a manner inconsistent with the device’s design.
(4) Operating on any street, road, highway, bicycle path, bicycle lane, trail or sidewalk with more than two bicycles or regulated mobility devices side-by-side.
(5) Operating at a speed greater than fifteen (15) miles per hour on any sidewalk, bicycle path, golf cart path, bicycle lane, trail, or multi-use path, or at a speed greater than the posted speed limit on any public street, road,
or highway.
(6) Operating a bicycle or regulated mobility device on any sidewalk that has not been designated by the City of Foley for shared use by both pedestrians and bicycles or regulated mobility devices, except that this
prohibition shall not apply to electric personal assistive mobility devices on sidewalks where the speed limit on the adjacent public highway is 25 miles per hour or less, consistent with Ala. Code § 32-19-1(d). Nothing in this
subsection shall be construed to permit operation on sidewalks where prohibited by Ala. Code § 32-5A-52.
(7) Operating while hitched to or physically attached to any moving vehicle or motorized device.
(8) Operating while allowing another person who is not a passenger to either cling to or to be physically attached to the bicycle or regulated mobility device.
(9) Operating while intentionally lifting one or more wheels off the ground in a manner that impairs the operator’s control of the device or creates a hazard to others.
(10) Operating while failing to yield the right-of-way to any and all pedestrians or failing to yield the right-of-way to a vehicle upon entering a roadway or driveway from a sidewalk.
(11) Passing a pedestrian or other cyclist without first providing an audible warning, such as ringing a bell or calling out “passing on your left” or similar verbal notice, at a sufficient distance to allow the pedestrian or cyclist to react safely.
(12) Operating while failing to obey any posted signs regulating operation, including speed limit signs or signs prohibiting or limiting operation in specific areas.
(13) A person under the age of sixteen (16) operating or riding as a passenger on any bicycle or regulated mobility device without wearing a properly fitted and securely fastened protective bicycle helmet that meets or exceeds the standards of the Consumer Product Safety Commission (CPSC), as authorized by the City’s general police power under Ala. Code 11-45-1. Additionally, any person of any age operating a Class 3 electric bicycle shall wear a properly fitted and securely fastened protective bicycle helmet meeting or exceeding CPSC standards.
(14) Tampering with or modifying a regulated mobility device so as to change or disable the speed limitation capability of the device, or otherwise altering, modifying, or adjusting the motor, controller, or software settings to increase the maximum speed of the device beyond its original factory classification. Any device so modified shall be reclassified according to its modified capabilities and shall be subject to all restrictions applicable to the higher classification.
(15) A person under the age of fourteen (14) operating a Class 3 electric bicycle.
(16) Operating any electric personal assistive mobility device between sunset and sunrise without the operator wearing reflectors and a headlight. For all other regulated mobility devices, operating between sunset and
sunrise without a front lamp emitting a white light visible from a distance of at least five hundred (500) feet to the front, a rear red reflector visible from a distance of at least three hundred (300) feet to the rear, and reflective material on each side visible from a distance of at least three hundred (300) feet.
(17) Operating any bicycle or regulated mobility device in a reckless manner that endangers the safety of persons or property, including but not limited to weaving through traffic, making sudden turns without signaling, or operating at excessive speeds given the conditions.
(18) Operating any regulated mobility device within a designated exclusion zone.
(19) Operating any regulated mobility device on any public street, road, or highway where the posted speed limit exceeds twenty-five (25) miles per hour; provided, however, that where there is a sidewalk, bicycle path, multi-use path, or trail that is not marked as an exclusion zone, is adjacent to the roadway, and would otherwise provide a safer means of travel, operators shall use such facility in lieu of the roadway.
(20) Operating a bicycle or regulated mobility device on any sidewalk that has been designated by the City of Foley as an exclusion zone.
(h) Penalties. Any person who violates any provision of this Section shall be guilty of an offense against the City and, upon conviction, shall be subject to the following penalties:
(1) For a first violation, a fine of not less than one hundred dollars ($100.00) and not more than two hundred fifty dollars ($250.00).
(2) For a second violation occurring within one (1) year of the date of any prior violation, a fine of not less than two hundred fifty dollars ($250.00) and not more than four hundred dollars ($400.00).
(3) For a third or subsequent violation occurring within one (1) year of any two prior violations, a fine of not less than four hundred dollars ($400.00) and not more than five hundred dollars ($500.00). Each day that a violation continues shall constitute a separate offense, subject to the maximum fine permitted by Ala. Code § 11-45-9.
(i) Juvenile Enforcement. If a person under the age of eighteen (18) is found in violation of any provision of this Section and no parent or legal guardian is present at the time of the violation, a law enforcement officer may:
(1) Issue a written warning to the person under the age of eighteen (18);
(2) Take temporary possession of the bicycle or regulated mobility device and transport it to the nearest City facility for safekeeping;
(3) Contact the parent or legal guardian of the person under the age of eighteen (18) to notify them of the violation and, if applicable, the location where the device may be retrieved.
Any bicycle or regulated mobility device impounded pursuant to this subsection shall be released to the legal owner of the device or to the parent or legal guardian of the person under the age of eighteen (18) upon payment of an impoundment fee of fifty dollars ($50.00) and a storage fee of ten dollars ($10.00) per day for each day after the first twenty-four (24) hours, and presentation of valid identification. Impounded devices not claimed within sixty (60) days shall be subject to disposal or sale in accordance with applicable state law governing abandoned property.
(j) General Impoundment Authority.
(1) In addition to any other remedy provided by law, a law enforcement officer or code enforcement officer may impound any regulated mobility device that:
(A) Is being operated in violation of this Section by a person who has been convicted of two or more violations of this Section within the preceding twelve (12) months;
(B) Is parked, placed, or abandoned in violation of subsection (f) of this Section and has not been removed by the owner or operator within four (4) hours after notice has been posted on the device;
(C) Is deployed, placed, or made available for rental or shared use in violation of subsection (e) of this Section; or
(D) Poses an immediate threat to public health, safety, or welfare.
(2) Any regulated mobility device impounded pursuant to this subsection shall be stored at a City facility designated by the Chief of Police or City Administrator. The owner of the device shall be entitled to retrieve the device upon payment of an impoundment fee of seventy-five dollars ($75.00) and a storage fee of ten dollars ($10.00) per day for each day after the first twenty-four (24) hours, upon presentation of valid identification and proof of ownership. Any owner who disputes the lawfulness of the impoundment may request a hearing before the City Council or its designee within ten (10) business days of the impoundment.
(3) If a regulated mobility device is not claimed within sixty (60) days of impoundment, the device shall be deemed abandoned and may be disposed of or sold in accordance with applicable state law governing abandoned property. Proceeds from any such sale shall first be applied to satisfy any outstanding impoundment and storage fees, then any fines, and then any surplus shall be held for the benefit of the former owner in accordance with applicable state law governing unclaimed property, after which unclaimed surplus shall be deposited into the City’s general fund.
(k) Severability. If any provision of this Section or the application thereof to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect other provisions or applications of this Section that can be given effect without the invalid or unconstitutional provision or application, and to this end, the provisions of this Section are declared to be severable.
Sec. 2. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption and publication as required by law. Any person or entity operating a shared mobility device rental operation or system within the City as of the effective date of this Ordinance shall cease all such operations and remove all shared mobility devices from public property and public rights-of-way within sixty (60) days of the effective date, in accordance with subsection (e) of Section 15-23.