Item B - Motor-Assist. Scooters - Laserfiche WebLink

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The term "motorized transportation device" is being used to encompass all forms of non-human propelled vehicles. Prohibiting all "motorized transportation devices" on all City-owned off- street paths and trails, instead of limiting the prohibition to only motor-assisted scooters, will facilitate consistent enforcement of motorized vehicle use on City-owned off-street paths and trails and reduce the likelihood that the council will need to revise the code as motorized scooter technology changes. Option 2 - Prohibits use of motorized transportation devices in a manner that disturbs the peace. No person shall operate a motorized transportation device in a manner causing excessive, unnecessary, or offense noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to a reasonable person of normal sensitivity. "Motorized transportation device" means any vehicle that is not propelled exclusively by human power, including but not limited to, an electric-assisted bicycle (when not being operated by human propulsion), an electric personal assistive mobility device, a moped, a motor-assisted scooter, a motor vehicle, a motorcycle, a motorized skateboard, any similar vehicle that operates without human propulsion. Rationale: When all public comment was reviewed, the outstanding issues were noise and fear of safety due to excessive speeds. When asked about their concerns, many people indicated that they thought the electric scooters were tolerable, the combustion engine scooters were those that were identified as loud, operated at speeds that were too fast and were especially obnoxious. At the June 14 City Council work session, several councilors expressed their desire that a future ordinance focus on regulating the use of the motor-assisted scooter, not attempting to differentiate between the type of motor (electric or combustion.) The police department also strongly recommends that regulation is focused upon inappropriate use, not differentiating between the type or model of the device. New modifications to motorized transportation devices are being released for sale continuously, thus creating a situation where keeping pace with each modification would require extensive time and resources to ensure enforcement. The prohibition against noise-making using the standard of"a reasonable person of normal sensitivities" is already established in Eugene Code 4.080 Noise Disturbance - Prohibited. Option 3 - Requires merchants to make certain disclosures related to the sale of motor-assisted scooters. It is unlawful for a merchant to sell a motor-assisted scooter without making the following disclosures: A) Motor-assisted scooters cannot be operated at a speed greater than 15 mph. B) You must be 16 years of age to operate a motor-assisted scooter. C) Anyone operating a motor-assisted scooter must wear protective headgear. D) Motor-assisted scooters are prohibited on sidewalks. E) Motor-assisted scooters can only be operated on streets with speed limits of 25 mph or less or in a bicycle lane. F) Motor-assisted scooters are prohibited on all city park paths or on all city-owned, off-street bicycle and pedestrian paths or trails. L:\CMO\2004 Council Agendas\M040915\S040915B.doc