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HomeMy WebLinkAboutItem C - Motor-Assisted ScooterEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Work Session: Motor Assisted Scooters on Off-Street Paths Meeting Date: June 14, 2004 Agenda Item Number: C Department: Public Works Staff Contact: Diane Bishop www. cl. eugene, or. us Contact Telephone Number: 682-5471 AGENDA ITEM SUMMARY This is a City Council-requested work session on the potential regulation of motor assisted scooters on off-street bicycle and pedestrian paths. BACKGROUND Eugene residents have been calling city councilors and staff to complain about noise, pollution and conflicts on paths brought about by motor assisted scooters, particularly the gas-powered ones. The Public Service Specialist, Bicycle and Pedestrian Coordinator, and the police department have received more than 30 calls and email messages concerning the scooters during the month of May. Council Action History City councilors periodically have asked about regulation of the scooters, generally in response to complaints from constituents. Staff prepared an article for the October 30, 2003, council newsletter to accompany newly published brochures designed to educate the public about the motor assisted scooters. Policy Issues While state law regulates the use of motor assisted scooters, it appears to allow local control of scooter use on off-street paths. Presently the police department is enforcing a park rule that restricts unauthorized motorized vehicles from park paths. However, only approximately 1/3 of the City's 32 miles of paths are within parks. The ability of the police to enforce motor assisted scooter laws on off-street paths, the noise and pollution caused by gas powered scooters, the addition of another user (the motor assisted scooter rider) to Eugene's popular path system, and support of alternatives to single occupancy vehicles are some of the issues the council may wish to discuss. Council Goals Not applicable. Financial and/or Resource Considerations The police department occasionally patrols for the scooters, or responds to specific complaints, on park paths. Due to limited resources, response in a timely manner is often not possible. L:\CMO\2004 Council Agendas\M040614\S040614C.doc 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 consuming than cars, yet offer mobility without the personal energy expenditure of walking or bicycling. For others such as the elderly, injured, or ill, the scooters may offer mobility they cannot provide themselves, although this may be less of an issue since the scooters are not allowed on sidewalks. And there are others for whom the scooter provides an affordable form of transportation, or one that does not require a driver's license. Timing Action on this item is not time-sensitive. OPTIONS The City Council can consider adopting an ordinance amending the current manner in which motor assisted scooters are regulated on City paths. STAFF RECOMMENDATION None; this discussion is for information only. SUGGESTED MOTION Not applicable. ATTACHMENTS A. "Motor Assisted Scooters - Know the Law!" brochure developed and distributed in Fall 2003. FOR MORE INFORMATION Staff Contact: Diane Bishop, Bicycle and Pedestrian Coordinator Sgt. Derel Schulz, Traffic Enforcement Unit Telephone: 682-5471 (Diane) 682-5157 (Sgt. Schulz) Staff E-Mail: Diane. L.BISHOP~ci. eugene.or.us Derel. V. SCHULZ~ci. eugene, or.us L:\CMO\2004 Council Agendas\M040614\S040614C.doc Motor-assisted Scooters Know the law! Rider must Rider must be wear helmet 16 or older Not allowed on the sidewalk! white headlight Red re~iector or at night light at night On streets with bike lanes or 25 mph speeds or less Motor-assisted Scooters Know the law! Rider must be at least 1tS years old and must wear a helmet Must not be ridden 1:aster than 15 m.p.h. Can be ridden on streets with speed limits ot:25 or less, or in bicycle lanes CANNOT be ridden on sidewalks CANNOT be ridden on paths in parks Must use lights at night In general, observe rules o1:the road 1:or bicycles For more detailed in1:ormation, see the Oregon Revised Statutes, chapters 801, 803, 807, 811, 814, and 815. The suebsite 1:or these statutes is www.leg.state.or, us/ors. See also the City's administrative rules governing parks. Rules 1:or personal assist]ye mobility devices (one model is calle~ the Segsuay) become law lanuary 1, 2004. Their rules are slightly di1:l:erent 1:rom motor-assisted scooters. For more in1:ormation: Bicycle ~ Pedestrian Coordinator Public Works Department City o1: Eugene (541) 682-5471