Item C - Motor-Assisted Scooter - Laserfiche WebLink

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If the council directs staff to prepare a city ordinance expanding the City's regulation of motor assisted scooters, both staff time and City Attorney time will be spent preparing the ordinance for public hearing and City Council consideration. Other Background Information State laws governing use of motor assisted scooters became effective on January 1, 2002. In addition to statutory provisions establishing requirements similar to bicycling (signaling, lights at night, placement on roadway, etc.), state law provides that motor assisted scooters must be ridden on streets with speed limits of 25 or less. They may be ridden on streets with higher speed limits if they are ridden in bicycle lanes. Motor assisted scooters may be ridden on paths, except in state parks. However, ORS 814.514 suggests local ordinances can prohibit scooters from operating on a bicycle path (ORS 814.514(2) provides that a person is not subject to a penalty for failing to operate a scooter on an available bike lane or path if"operation of a motor assisted scooter on a bicycle lane or path is prohibited by local ordinance"), thereby allowing the City's police to enforce the City's park administrative rule prohibiting unauthorized motorized vehicles on park paths. Additionally, motor assisted scooters may not be operated faster than 15 miles per hour (although most of these scooters can obtain speeds of 24 miles per hour) and the operator must be 16 or older and must wear a helmet. Operators and scooters need not be licensed or registered with the DMV. The majority of citizen callers have expressed concern with the gas-powered scooters, citing safety, pollution, noise, and the introduction of motorized vehicles on "people-powered" paths: · Safety: Pedestrians and bicyclists are concerned with the speed and proximity within which scooter users pass them on the paths. It appears that removal of the speed regulator on gas powered scooters is relatively easy to accomplish, allowing for higher speeds on paths and streets. Further, the 500-700 watt electric powered scooters are as large as street-sized mopeds. The practices of some scooter operators and the size of some of the scooters feel incongruous on Eugene's relatively narrow paths to some residents. While there is no crash data associated with the use of motor assisted scooters, it may be because they aren't considered vehicles. Generally, the police do not receive crash information involving pedestrians unless a motor vehicle is involved. Sacred Heart Hospital does not have a specific code for these new machines, so it cannot provide details on injuries. · Pollution: Residents are concerned about the smell and pollution emitted by the gas powered scooters. These small 2-stroke engines emit high levels of carbon monoxide. They also emit hydrocarbons and nitrogen oxides, pollutants that contribute to the formation of ground level ozone. · Noise: Pedestrians and bicyclists are concerned that the scooters are excessively loud. They mention the quiet, restful environment of many of Eugene's paths and the fact that they use the paths to get away from the noise of motorized traffic. The Eugene Code (4.080) prohibits noise disturbances (any sound which annoys or disturbs a reasonable person of normal sensitivities). · Introduction of motorized vehicles on paths: Many callers are concerned that the city's off-street paths were designed to offer a protected environment from motorized vehicles. They feel motor assisted scooters do not belong on these "people-powered" paths. Some have mentioned the increased use of paths by people wishing to become more fit by exercising. Some Eugene residents consider use of the motor assisted scooters as an alternative to driving a car, bicycling, or walking. They feel that the electric motor assisted scooters are less polluting and space- L:\CMO\2004 Council Agendas\M040614\S040614C.doc