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operated by human propulsion), an electric personal assistive mobility device, a moped, a motor-assisted <br />scooter, a motor vehicle, a motorcycle, a motorized skateboard, any similar vehicle that operates without <br />human propulsion. A motorized transportation device is exempt from this provision if it is used as a <br />mobility aid by a person with mobility impairment, used by a person with express permission from the <br />City, or used by a City employee or agent in the course of City business. <br /> <br />Pursuant to City Council direction, the proposed ordinance will: <br /> <br /> · Ban motorized transportation devices from all City-owned off-street paths; <br /> · Prohibit use of motorized transportation devices in a manner that disturbs the peace, and <br /> · Require merchants to make certain disclosures related to the sale of motor-assisted <br /> scooters. <br /> <br />Prohibiting all "motorized transportation devices" on all City-owned off-street paths and trails, instead <br />of limiting the prohibition to only motor-assisted scooters, should facilitate consistent enforcement of <br />motorized vehicle use on City-owned off-street paths and trails and reduce the likelihood that the <br />council will need to revise the code as motorized scooter technology changes. <br /> <br />The proposed ordinance requires merchants who sell motor-assisted scooters to post, in a prominent <br />place at each location where motor-assisted scooters are on display, a notice setting forth a list (to be <br />provided by the City) of restrictions on motor-assisted scooter use and requires merchants to provide a <br />copy of such notice to each purchaser of a motor-assisted scooter, either before or in connection with the <br />purchase. To date, in Eugene most merchants have willingly displayed these flyers, often making copies <br />at their own expense. An inexpensive factual message about pertinent laws and regulations should not <br />negatively affect businesses and is an important educational tool for consumers. Attachment B is the <br />flyer developed by the City of Eugene Public Works Department and currently in use. <br /> <br />Following the publicity of the September 15 City Council work session, the City of Eugene was <br />contacted by Associated Oregon Industries (AOI) and Oregon Retail Council regarding the proposed <br />requirement of merchants to inform consumers of the regulation of motor-assisted scooters. Initial <br />concern by the AOI that this provision may be unfair was considerably reduced when the process was <br />more fully described. For example, the participation in the voluntary education program that is currently <br />in effect provided a positive example of how this provision of the proposed ordinance could be applied. <br />Representatives of these organizations will be notified of the February 14, 2005, public hearing. <br /> <br />There are no specific timing issues associated with this item. With the change in season to wet and cool <br />weather and the return of youth to school, complaints regarding the use of motor-assisted scooters have <br />greatly diminished. During the warm summer months nearly 65 complaints concerning use of the <br />motor-assisted scooters were received by the police and public works department. The brief intercept <br />questionnaire developed to standardize the record of public comments included 95 completed <br />questionnaires, of which 47 percent were strongly opposed to motorized use on the paths; 37 percent <br />believed that there could be mixed use on paths for electric scooters if some additional regulations were <br />developed and 7 percent had no objection to the use of bicycle/pedestrian paths by motor-assisted <br />scooters. Seven questionnaires were completed by people who identified themselves as "scooter users." <br /> <br />To date, contacts with the UO Office of Student Life, Judiciary Review and the Department of Public <br />Safety, (UO-DPS) have not resulted in any additional comments from UO students regarding the <br /> <br /> L:\CMO\2005 Council Agendas\M050214\S0502143.doc <br /> <br /> <br />