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Ms. Solomon also supported the motion. She did not agree that there should be delineation between electric powered and gasoline powered scooters. Ms. Solomon asked how noise levels would be enforced. Sgt. Schulz replied that language had been included to empower someone with reasonable sensibilities to be able to make a complaint about noise. City Attorney Kathryn Brotherton said it would be regulated in the same manner as other noise disturbances. Ms. Solomon guessed that most riders were school-age children. Sgt. Schulz said, according to his personal experience, the children had not been the majority of problem riders. He related that he had conversed with the school resource officers on circulating the information regarding regulation for scooters. Mr. Kelly reiterated that displacement from off-street paths warranted improvement to the on-street transportation facilities. He asked staff to look into electrically assisted bicycles and provide comment. He opined that they fundamentally felt like a bicycle. Sgt. Schulz commented that it was difficult to catch up with an electrically assisted bicycle on a regular bicycle. He said the chief concerns had been to regulate behavior including noise and speed. He stated that once such a device was set into motion, it was irrelevant what it ran on. Mr. Poling agreed with Sgt. Schulz that college students should be provided an opportunity to provide input. Mr. Meisner wondered if all jurisdictions chose not to license or regulate such devices. Sgt. Schulz replied that numerous police agencies in this State that interpreted the 'grant privilege' laws through the Department of Motor Vehicle to cover all motorized vehicles and were citing people for driving such devices without a license. He said currently the City of Eugene was not comfortable with issuing citations for such things. Mr. Meisner suggested looking on the Web to find how other jurisdictions were handling them. Ms. Brotherton commented that regulations varied greatly. She cited a city in Arizona that had banned the scooters outright and the State of Texas which required a person to be nine years old in order to ride them. In response to a question from Ms. Taylor, Sgt. Schulz clarified that the application of driver's license regulations was only brought into play should a person's license be suspended, as this was a suspension of the grant authority that gave a person the power to operate a vehicle. Mayor Torrey called for the vote. The motion passed unanimously, 6:0. Mayor Torrey adjourned the meeting at 1:27 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES--Eugene City Council September 15, 2004 Page 7 Work Session