HomeMy WebLinkAboutItem 3 - PH/Motor Asst.ScootersEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Public Hearing: An Ordinance Concerning Motorized Transportation Devices And Motor
Assisted Scooter Sales; Amending Sections 4.990, 5.010, And 5.990 Of The Eugene
Code, 1971; And Adding New Sections 4.979 And 5.160 To That Code
Meeting Date: February 14, 2005 Agenda Item Number: 3
Department: Eugene Police Staff Contact: Sergeant Derel Schulz
www. cl. eugene, or. us Contact Telephone Number: 682-5157
ISSUE STATEMENT
This is a public hearing to receive comments regarding an ordinance banning motorized transportation
devices from all City-owned off-street paths, prohibiting the use of such devices in a manner that
disturbs the peace and requiring Eugene merchants to make certain disclosures related to the sale of
motor-assisted scooters.
BACKGROUND
The City Council held an initial work session on June 14, 2004, to address growing public concerns
regarding conflicts between motor-assisted scooters and bicyclists, automobiles, pedestrians and
neighborhood residents. Complaints from the public centered around noise, pollution from two-stroke
combustion engines and conflicts between users on the bicycle and pedestrian paths. The City Council
directed the City Manager to develop a number of options for regulation of motor-assisted scooters that
would address the salient issues of noise, on-street and bicycle and pedestrian path use.
A directed outreach process was initiated to gather public opinion regarding the use of motor-assisted
scooters. A workshop was held on August 12, 2004, to solicit community comments regarding the use
of motor-assisted scooters on bicycle and pedestrian paths; an intercept survey of path users was
utilized; and numerous contacts via email, mail, phone, etc. provided additional comments that were
used to develop options for regulation that were then presented to City Council in the second work
session. The August 12 community workshop was attended by approximately 72 people. Seventy-nine
percent of the people at the workshop were bicycle and pedestrian users of the paths. The opinions of
these individuals ranged from 32 people being completely opposed to any use of motorized
transportation devices on the paths to 12 who believed that with some constraints, electric motor-
assisted scooters would be tolerable; others were interested in some compromise of limited use.
The second City Council work session was held on September 15, 2004. The council accepted the
recommendation from the City Manager to develop an ordinance combining the three options that were
presented by staff and to establish a definition for a "motorized transportation device."
The proposed ordinance defines "motorized transportation device" as any vehicle that is not propelled
exclusively by human power, including but not limited to an electric-assisted bicycle (when not being
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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. A motorized transportation device is exempt from this provision if it is used as a
mobility aid by a person with mobility impairment, used by a person with express permission from the
City, or used by a City employee or agent in the course of City business.
Pursuant to City Council direction, the proposed ordinance will:
· Ban motorized transportation devices from all City-owned off-street paths;
· Prohibit use of motorized transportation devices in a manner that disturbs the peace, and
· Require merchants to make certain disclosures related to the sale of motor-assisted
scooters.
Prohibiting all "motorized transportation devices" on all City-owned off-street paths and trails, instead
of limiting the prohibition to only motor-assisted scooters, should 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.
The proposed ordinance requires merchants who sell motor-assisted scooters to post, in a prominent
place at each location where motor-assisted scooters are on display, a notice setting forth a list (to be
provided by the City) of restrictions on motor-assisted scooter use and requires merchants to provide a
copy of such notice to each purchaser of a motor-assisted scooter, either before or in connection with the
purchase. To date, in Eugene most merchants have willingly displayed these flyers, often making copies
at their own expense. An inexpensive factual message about pertinent laws and regulations should not
negatively affect businesses and is an important educational tool for consumers. Attachment B is the
flyer developed by the City of Eugene Public Works Department and currently in use.
Following the publicity of the September 15 City Council work session, the City of Eugene was
contacted by Associated Oregon Industries (AOI) and Oregon Retail Council regarding the proposed
requirement of merchants to inform consumers of the regulation of motor-assisted scooters. Initial
concern by the AOI that this provision may be unfair was considerably reduced when the process was
more fully described. For example, the participation in the voluntary education program that is currently
in effect provided a positive example of how this provision of the proposed ordinance could be applied.
Representatives of these organizations will be notified of the February 14, 2005, public hearing.
There are no specific timing issues associated with this item. With the change in season to wet and cool
weather and the return of youth to school, complaints regarding the use of motor-assisted scooters have
greatly diminished. During the warm summer months nearly 65 complaints concerning use of the
motor-assisted scooters were received by the police and public works department. The brief intercept
questionnaire developed to standardize the record of public comments included 95 completed
questionnaires, of which 47 percent were strongly opposed to motorized use on the paths; 37 percent
believed that there could be mixed use on paths for electric scooters if some additional regulations were
developed and 7 percent had no objection to the use of bicycle/pedestrian paths by motor-assisted
scooters. Seven questionnaires were completed by people who identified themselves as "scooter users."
To date, contacts with the UO Office of Student Life, Judiciary Review and the Department of Public
Safety, (UO-DPS) have not resulted in any additional comments from UO students regarding the
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proposed ordinance. An announcement of the public hearing will be sent to the campus news media, the
Associated Students of University of Oregon (ASUO) and the Office of Student Life and UO-DPS to
alert students to the opportunity to express their concerns at this public hearing.
A presentation was provided to the Human Rights Commission's Committee on Accessibility regarding
the proposed ordinance. Explanation of the provision for alternative transportation options for people
with limited mobility was provided and a list of interested parties was secured from the committee for
involvement in the future development of an administrative rule to implement the proposed ordinance.
Some financial impact would occur if the City Council implements new regulation of motor-assisted
scooters. A tentative fee schedule for fines will be developed. Further discussion and transportation
planning regarding the need for additional bicycle lanes on key streets will most likely need to occur, if
ridership of motorized transportation devices continues to increase.
RELATED CITY POLICIES
The City of Eugene Park and Open Space Rules address noise and noisy equipment as well as the
operation of bicycles and motor vehicles in parks. The Park and Open Space Rules provide examples of
segregating types of use of public paths such as prohibiting bicycles from pedestrian-only paths and of
the prohibition of motorized vehicles from use on pedestrian/bicycle paths in designated parks. Existing
state statute allows local ordinances to prohibit scooters from operating on a bicycle path. This
provision allows the City to enforce the park administrative rule prohibiting unauthorized motorized
vehicles on park paths.
The Eugene TransPlan includes policies designed to "direct the development and implementation of
actions that encourage the use of modes other than single-occupant vehicles to meet daily travel needs."
In addition, many other City of Eugene planning documents discuss the need to encourage alternative
modes of transportation.
Two City Council goals which directly relate to this issue are:
· "Sustainable Community Development - A community that retains a high quality of life and a
healthy economy, effectively links land use and transportation planning, and successfully
manages growth and change in the urban environment."
· "Healthy Natural And Built Environment - A community that conserves and enhances the natural
environment and provides an attractive and healthy place to live."
The 30 miles of Eugene's bicycle/pedestrian trails include the East Bank Trail which is located entirely
within the Willamette River Greenway. The Willamette River Greenway is designated by Oregon
Statewide Planning Goal 15 to protect, conserve, enhance and maintain the natural, scenic, historical,
agricultural, economic and recreational qualities of lands along the Willamette River. Similarly, other
pedestrian/bicycle trails travel through protected wetlands and areas of public open space which are
designated by various local, state and national planning goals for protection and conservation.
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COUNCIL OPTIONS
1. Take action on the proposed ordinance at the February 28, 2005, City Council meeting.
2. Direct staff to modify the proposed ordinance and bring the ordinance forward for action either at the
February 28, 2005 date, or at a later date.
3. Take no further action on the proposed ordinance.
CITY MANAGER'S RECOMMENDATION
The City Manager recommends that the City Council accept the proposed ordinance concerning
motorized transportation devices and motor assisted scooter sales; amending sections 4.990, 5.010, and
5.990 of the Eugene Code, 1971; and adding new sections 4.979 and 5.160 to that Code and take action
on the ordinance at the February 28, 2005 City Council meeting.
SUGGESTED MOTION
No motion is necessary as this is a public hearing.
ATTACHMENTS
A. Ordinance Concerning Motorized Transportation Devices and Motor-Assisted Scooter Sales
B. Motor-Assisted Scooter Flyer
FOR MORE INFORMATION
Staff Contact: Sergeant Derel Schulz, Traffic Enforcement Unit
Linda Phelps, Police Planner
Telephone: 682-5157, (Sgt. Schulz); 682-6308, (Phelps)
Staff E-Mail: derel.v, schulz~ci.eugene.or.us or linda.m.phelps~ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE CONCERNING MOTORIZED TRANSPORTATION
DEVICES AND MOTOR ASSISTED SCOOTER SALES; AMENDING
SECTIONS 4.990, 5.010, AND 5.990 OF THE EUGENE CODE, 1971;
AND ADDING NEW SECTIONS 4.979 AND 5.160 TO THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. A new Section 4.979 is added to the Eugene Code, 1971, to provide:
4.979 Motor Assisted Scooter Sales.
(1) 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 owned off-
street bicycle and pedestrian paths or trails.
(2) A merchant who sells motor assisted scooters must post, in a
prominent place at each location where motor assisted scooters are
on display, a notice setting forth the above-listed restrictions on
motor assisted scooter use and must provide a copy of such notice
to each purchaser of a motor assisted scooter, either before or in
connection with the purchase.
(3) "Motor assisted scooter" means a vehicle that is designed to be
operated on the ground with not more than three wheels; has
handlebars and a foot support or a seat for the operator's use; can
be propelled by motor or human propulsion; is equipped with a
power source that is incapable of propelling the vehicle at a speed of
greater than 24 miles per hour on level ground; and has a
combustion engine power source with a piston or rotor displacement
of 35 cubic centimeters or less regardless of the number of
chambers in the power source or an electric power source that has a
power output of not more than 1,000 watts.
Ordinance- 1
Section 2. Subsection (1) of Section 4.990 of the Eugene Code, 1971, is
amended by inserting the following penalty in numerical order therein:
4.990 Penalties - Specific.
(1) Violation of the following sections is punishable by fine or confinement
in jail, or both, up to the amounts indicated opposite each:
Section Penalty
4.979 $500.00 fine
Section 3. Section 5.010 of the Eugene Code, 1971 is amended by adding a
definition of "Motorized transportation device" in alphabetical order therein, to provide:
5.010 Definitions. In addition to those definitions contained in ORS Chapters 801 to
825, and Chapter 153, the following words or phrases, except where the context
clearly indicates a different meaning shall mean:
Motorized transportation device. 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.
Section 4. A new Section 5.160 is added to the Eugene Code, 1971, to provide:
5.160 Unlawful Use of Motorized Transportation Device.
(1) No motorized transportation device may be operated on any city
owned off-street bicycle or pedestrian path or trail, unless exempt. A
motorized transportation device is exempt from this provision if it is
used as a mobility aid by a person with a mobility impairment, used
by a person with express permission from the City, or used by a City
employee or agent in the course of City business.
(2) No person shall operate a motorized transportation device in a
manner causing excessive, unnecessary, or offensive noise which
disturbs the peace and quiet of any neighborhood or which causes
discomfort or annoyance to a reasonable person of normal
sensitivity.
Ordinance - 2
Section 5. Subsection (2) of Section 5.990 of the Eugene Code, 1971, is
amended to provide:
5.990 Penalties - Specific.
(2) Violation of sections 5.060 to [8~5] '5.160, subsections (1) and (2) of
section 5.225, 5.540, 5.555, and subsections (3) and (4) of section 5.980 is punishable
by fine not to exceed $100.00.
Section 4. The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, 1971 to the provisions added,
amended or repealed herein.
Passed by the City Council this Approved by the Mayor this
__ day of ,, 2005 __ day of ,2005
City Recorder Mayor
Ordinance
Motor-assisted Scooters Motor-assisted Scooters
Know the law! Know the law! ,
Rider must be at least 16 years old and must wear a
helmet
Must not be ridden ~:aster than 15 m.p.h.
~/ £an be ridden on streets with speed limits o£25 or
Rider must Rider must be less, or in bicycle lanes
wear helmet 16 or older
laANNOTbe ridden on sidewalks
Not allowed ~/ laANNOT be ridden on paths in parks
on the
sidewalk! ~' Must use lights at night
~ In general, observe rules o~:the road for bicycles
For more detailed information, see the Oregon Revised
Statutes, chapters 801, 803, 80Z 811, 814, and 815. The
website for these statutes is www.leg.state.or, us/ rs. See
also the laity's administrative rules governing parks. Rules
for personal assistive mobility devices (one model is called
the Segway) become law lanuary 1, 2004. Their rules are
slightly di~Cerent from motor-assisted scooters.
white
headlight Red reflector or
at night light at night
- -' For m re in~:ormat~i0n:
On streets with Bicycle
bike lanes Public Works Department
or 25 mph speeds laity o£Eugene
or less (541) 682-5471