Brookhaven, NY Mobility & Curb Rules: E-Bike Classes (2026)

Chapter 37 was rewritten by Local Law No. 9-2026, effective May 21, 2026, to fold electric-assist bicycles and electric scooters into the town's existing all-terrain and motorized vehicle rules. Section 37-1 imports the state Vehicle and Traffic Law's three-tier bicycle classification: a Class One bike assists only while pedaling and cuts off at 20 mph; a Class Two bike can be propelled by the motor alone up to 20 mph; and a Class Three bike, available only in a city of a million or more residents, cuts off at 25 mph.

Electric scooters are defined separately as devices under 100 pounds with handlebars or a seat, capable of up to 20 mph on motor power alone. Section 37-2 then applies a blanket rule regardless of class: no all-terrain vehicle, motorized vehicle, bicycle with electric assist, or electric scooter may be operated on any public property under the Town's jurisdiction, a term that reaches sidewalks, easements and Town-owned land but not public highways. On private property, the operator must have the landowner's written permission for that specific vehicle.

Section 37-4 lets the Town impound a vehicle operated in violation of the chapter; the owner can redeem it by proving ownership and paying removal and storage fees set by Town Board resolution, but a vehicle left unredeemed for 10 business days is treated as an abandoned vehicle under Vehicle and Traffic Law Section 1224.