City Council Work Session


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  7.       
Meeting Date: 05/28/2019  
From: Martin Ince, Multi-Modal Planner

TITLE
Proposed City Code Revisions - Electric Bicycles and Electric Scooters
STAFF RECOMMENDED ACTION:
Staff is seeking City Council direction on proposed Code revisions to Title 8, Streets and Public Ways which regulates the use of the City's right-of-way and Title 9, Traffic, Chapter 9-05, which regulates the operation of bicycles.  The revisions will address electric bicycles and electric scooters and regulate companies that make dockless bicycles and electric scooters available for short-term rental.
EXECUTIVE SUMMARY:
The proposed City Code revisions would cover three items:
  1. 1. Prohibition on the use of the right-of-way (ROW) unless a person or entity receives a permit authorized under the Flagstaff City Code.
     
  2. The requirement of a permit agreement for vendors to rent dockless bicycles or scooters in quantities over 50.

    These new provisions will help prevent companies from “dumping” bicycles and scooters in the City’s ROW and would give the City the authority to impound devices that are left in the ROW. The proposed fine for renting without a permit agreement is $500 per device/per day. These provisions are important in light of the growing trend of the dockless or free-roaming business models seen in many communities.
     
  3. Determine where electric bicycles and electric scooters are allowed or prohibited on FUTS trails and sidewalks. 

    Both electric bicycles and electric scooters are currently covered in Arizona Revised Statutes (ARS) Section 28-819.  However, ARS gives the City the authority to allow or prohibit the devices on FUTS trails.  In addition, ARS provisions do not address whether the devices are allowed or prohibited in sidewalks.

    4. Add other regulations to City Code for electric bicycles and electric scooters. 

    One proposed revision would add a requirement to provide truthful name and date-of-birth when detained upon reasonable suspicion that a violation of the ordinance has been committed.  Anyone riding a bicycle, electric bicycle, electric scooter, or other devices would be subject to this requirement.

    The second provision would make it unlawful to operate an electric bicycle or electric scooter while under the influence of drugs or alcohol.
INFORMATION:
Proposed revisions to City Code are a result of research into best practices, the existing municipal code in other Arizona cities, discussion at City commissions and committees, and community input.

Earlier this year, a community survey regarding electric bicycles and electric scooters collected 376 responses and almost 200 comments.  The results of this survey are included as an attachment.

Additionally, there has been an extensive discussion with citizens at the Pedestrian Advisory Committee, Bicycle Advisory Committee, and Transportation Commission meetings:

Commission on Inclusion and Adaptive Living

April 30, 2019 (no quorum)
May 28, 2019 (next meeting)

Transportation Commission

May 1, 2019
April 3, 2019
February 6, 2019
 
Pedestrian Advisory Committee
 
May 9, 2019
March 14, 2019
February 14, 2019
December 13, 2018
 
Bicycle Advisory Committee
 
May 2, 2019
April 4, 2019
March 7, 2019
February 7, 2019
December 6, 2018
 
A compiled summary of staff recommendations, the results of a community survey; and the results of PAC, BAC, and Transportation Commission discussion are attached.

Attachments
Power Point
Ordinance
Resolution
Amendments
Summary of results from PAC, BAC, Transportation Commission, and community survey
Community survey results


    

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