Cape Charles Adopts New Ordinance to Regulate Motorized Conveyances on Sidewalks and Public Spaces

CAPE CHARLES, Va. — The Cape Charles has taken the step to address the use of motorized conveyances on its sidewalks and public spaces. Following numerous complaints, the Town Council adopted an ordinance on February 17, 2022, prohibiting the operation of bicycles, motorized skateboards, and similar devices in key areas of the central business district, including Mason Avenue, Strawberry Street Plaza, and the Bay Avenue boardwalk.

The ordinance, now codified in Section 28-7 of the Town Code, specifically bans these devices on the north and south sides of Mason Avenue between Peach Street and Pine Street, as well as on Strawberry Street Plaza. This move aims to enhance pedestrian safety and ease congestion in these busy areas.

The enforcement of this prohibition hinges on the installation of appropriate signage, as mandated by the Code of Virginia Section 46.2-904. These signs, which must comply with the Manual for Uniform Traffic Control Devices (MUTCD), were procured, and a Virginia Department of Transportation (VDOT) Land Use Permit (LUP) was obtained. However, the signs were never installed and are currently stored at the Public Works yard. The original LUP has since expired.

Public Works is now prepared to renew the LUP and proceed with installing the signs on Mason Avenue and Strawberry Street Plaza. This step is crucial to making the ordinance effective and enforceable.

In Central Park, which is town-owned and not within the VDOT right-of-way, the situation is slightly different. The park’s shared-use path, part of the Community Trail, was built with federal grant funds intended for non-motorized use. As a result, signs are already in place prohibiting motor vehicles, including golf carts. However, motorized skateboards and similar devices are not classified as motor vehicles under Virginia law. To legally enforce a ban on these devices in Central Park, the Town Council would need to adopt a new ordinance specifically addressing them.

The Bay Avenue boardwalk, another segment of the Community Trail within the VDOT right-of-way, could see a similar approach. The installation of MUTCD-compliant signage prohibiting motorized devices while allowing bicycles and other non-motorized conveyances would require another VDOT LUP.

The comprehensive approach outlined in Section 28-7 of the Town Code includes several key provisions:

• No motor vehicle shall operate on sidewalks, shared-use paths, boardwalks, or public piers, except under police direction or when accessing driveways.
• Non-motorized conveyances, such as bicycles and skateboards, are generally allowed unless specifically prohibited by signage.
• Wheelchairs and mobility devices for the impaired are always permitted.

Violations of these regulations carry a civil penalty of $50.