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HomeMy WebLinkAboutItem 6 - Ord/Motor ScootersEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: 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 28, 2005 Agenda Item Number: 6 Department: Eugene Police Staff Contact: Sergeant Derel Schulz www. cl. eugene, or. us Contact Telephone Number: 682-5157 ISSUE STATEMENT The council will consider action on 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 concern about 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 community workshop was held on August 12, 2004, to gather comments regarding the use of motor- assisted scooters on bicycle and pedestrian paths. Of the 72 people who attended the workshop, seventy-nine percent 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. Results from the community workshop, an intercept survey of path users and numerous other public contacts provided information which was used to develop three options for regulation. These options, which were presented to City Council at a second work session held on September 15, 2004, were accepted by the council and 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. 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 operated by human propulsion), an electric personal assistive mobility device, a moped, a motor-assisted L:\CMO\2005 Council Agendas\M050228\S0502286.doc scooter, a motor vehicle, a motorcycle, a motorized skateboard, and 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 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. The prohibition of all "motorized transportation devices" on all City-owned off-street paths and trails, instead of limiting the prohibition to only motor-assisted scooters, was chosen to facilitate consistent enforcement of motorized vehicle use on City-owned off-street paths and trails and to 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 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. The flyer (Attachment B), which was developed by the City's Public Works Department, lists all existing Oregon Revised Statutes and the Park Rules regulations that currently define the legal use of motor-assisted scooters. Following the September 15 City Council work session, the City of Eugene was contacted by Associated Oregon Industries (AOI) and the Oregon Retail Council regarding the proposed requirement for 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. To date, contacts with the UO Office of Student Life, Judiciary Review and the Department of Public Safety, (UO-DPS) and an interview solicited with the Oregon Emerald have not resulted in any additional comments from UO students regarding the proposed ordinance. The Human Rights Commission's Committee on Accessibility received a presentation on the proposed ordinance and will provide a list of interested parties for involvement in the development of an administrative rule to implement the proposed ordinance. There are no specific timing issues associated with this item. However, as the weather becomes warmer, use of the motorized transportation devices will increase. Some financial impact would occur if the City Council implements new regulation of motor-assisted scooters. Municipal Court has been involved in the development of the proposed ordinance and penalties for violation are established in 4.990 of the proposed ordinance. Concern was expressed by some councilors at the February 14, 2005, public hearing regarding the need for additional bike lanes to increase options for users of motorized transportation devices. Currently, the need for future bicycle lanes is addressed in Transplan. 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. The City's Traffic Engineer has provided a memorandum, Attachment C, which discusses logistical problems for motorized transportation devices attempting to legally cross the Willamette River. 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 L:\CMO\2005 Council Agendas\M050228\S0502286.doc 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. 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. COUNCIL OPTIONS 1. The council may adopt the ordinance. 2. The council may adopt the ordinance with revisions; or 3. The council may decline to adopt the ordinance. CITY MANAGER'S RECOMMENDATION The City Manager recommends that the City Council adopt the proposed ordinance concerning motorized transportation devices and motor-assisted scooter sales. SUGGESTED MOTION Move to adopt 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. ATTACHMENTS A. Ordinance Concerning Motorized Transportation Devices and Motor-Assisted Scooter Sales B. Motor-Assisted Scooter Flyer C. Memorandum from City of Eugene Traffic Engineer 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 L:\CMO\2005 Council Agendas\M050228\S0502286.doc 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 be operated on streets only 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 faster than 15 m.p.h. £an be ridden on streets with speed limits of 25 or less, or in bicycle lanes Rider must Rider must be wear helmet 16 or older £ANNOT be ridden on sidewalks £ANNOT be ridden on paths in parks Not allowed onthe Must use li0hts at night ~ sidewalk! In 0eneral, observe rules of the road for bicycles For more detailed information, see the Oregon Revised Statutes, chapters 801, 803, 807, 811, 814, and 815. The website for these statutes is www.leg.state.or, us/ors. See also the £ity'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 different from motor-assisted scooters.  White headlight Red reflector at night light at night For more information: Bicycle 8~ Pedestrian C:oordinator On streets with Public Works Department bike lanes ~2ity of Eugene or 25 mph speeds (541) 682-5471 or less Public Works Maintenance Division City of Eugene 1820 Roosevelt Blvd. MEMORANDUM Eugene, Oregon 97402 (541) 682-4800 (541) 682-4882 FAX www. ci.eugene.or, us Date: February 22, 2005 To: Mayor Piercy and City Council From: Thomas C. Larsen, 682-4959 City Traffic Engineer Subject: Possible Exemptions for Motorized Transportation Devices Questions were raised at the February 14, 2005 public hearing on Motor-Assisted Scooters regarding a possible exemption for scooters or motorized transportation devices so that they can cross the river to access other streets or trails. In Eugene, crossing the river to use paths and trails is very limited by geography. Use of sidewalks by scooters is already prohibited by State law. The south end of the Ferry Street Bridge is close to streets legally usable by scooters. The sidewalks on the bridge are narrow and in addition to their use by scooters being prohibited by state statute, ! think it unsafe to allow scooter operation on the bridge. Continuing north from Ferry Street Bridge requires additional travel on city sidewalks. The closest on-street bike lane north of the north end of the Ferry Street Bridge, starts north of the Oakway/Coburg intersection. All of the pedestrian facilities in the Coburg Road right-of-way, are by EC Chapter 6 definition sidewalks, not paths. There are no off-street paths to exempt. There is an indirect southbound route from Oakway/Coburg, using the bike lane on Southwood Lane, for the most part a westbound one-way street, to Country Club Road, then taking the sidewalk under 1-105 and using the Club Road bike lane to arrive under the Ferry Street Bridge. Eastbound, however, there is no bike lane on Southwood. If our intention is to promote Motorized Transportation Device use, we could sign this alternate route. Signing would be awkward because we should identify which ultimate direction of travel the alternate route was intended for (northbound scooters are forced to start out on a westerly detour and return to the north) and sign all the start and stop points for dismounting and walking Motorized Transportation Devices on the sections of sidewalk on the route. From the north end of Ferry Street Bridge traveling east on Martin Luther King Boulevard, the first opportunity to get off the sidewalk and ride a scooter legally is the bike lane on Leo Harris Drive. All the pedestrian facilities along Martin Luther King Boulevard are sidewalks, not off- street paths. On the east end of Leo Harris Drive the Motorized Transportation Device operator is once again faced with a higher speed road or the sidewalk, both prohibited facilities to scooters. To facilitate some eastbound travel the best exemption might be to designate a Motorized Transportation Device route across the DeFazio Bridge and through Alton Baker Park to Leo Harris Drive, avoiding the Martin Luther King Boulevard sidewalks. This exemption would involve operating a Motorized Transportation Device on the pedestrian/bicycle bridge and using the park paths which currently prohibit motorized use through the adoption of the Park Rules. North of the River a scooter operator has reasonable access to and from the west on the Country Club Road bike lanes. To the west there is no need to exempt off-street paths unless the intention is allow Motorized Transportation Devices on the riverfront trail system. If you have further questions or need more information please contact Tom Larsen at tom.c.larsen~ci.eugene.or.us or 682-4959.