AGENDA ITEM SUMMARY March 5, 2019 City Council

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1 Agenda Item 20 AGENDA ITEM SUMMARY March 5, 2019 City Council STAFF Amanda Mansfield, Transportation Planner Paul Sizemore, FC Moves Senior Manager Chris Van Hall, Legal SUBJECT Items Relating to Regulating Electric Scooters and Other Shared and/or Portable Mobility Devices. EXECUTIVE SUMMARY A. Second Reading of Ordinance No, 028, 2019, Amending Chapter 24 of the Code of the City of Fort Collins to Add a New Article VI Related to the Parking of Shared Mobility Devices. B. Second Reading of Ordinance No. 029, 2019, Amending Sections 1410 and 2106 of the Fort Collins Traffic Code to Allow for Signage Designating an Area in the City as a Dismount Zone for Any Form of Conveyance. Ordinance No. 028, 2019, adopted on First Reading on February 19, 2019 by a vote of 6-1 (nays: Summers) amends City Code relating to the regulation of electric scooters and other shared and/or portable mobility devices. Ordinance No. 029, 2019, unanimously adopted on First Reading on February 19, 2019, amends Traffic Code to allow for signage designating areas of the city as a dismount zone for all forms of conveyance, including e-scooters. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. BACKGROUND / DISCUSSION At First Reading of the proposed Code changes to City Code and Traffic Code relating to the regulation of electric scooters, Councilmember Martinez requested clarification on how different conveyances are regulated under the City Traffic Code in terms of crosswalk dismount requirements. Attachment 2 is a table that clarifies requirements related to where different conveyances may operate, including whether they need to dismount at a crosswalk. Please note that a Discussion item related to electrical assisted bicycles is scheduled for this meeting and contains Ordinance No. 041, 2019, a proposed amendment to Traffic Code Section Ordinance No. 041, 2019, proposes to remove the term motorized bicycle from the Traffic Code, since that term is no longer used elsewhere in City Code, and replace it with the updated term low-power scooter. If Ordinance No. 041, 2019, is adopted, then the column in the attached table related to motorized bicycles will no longer apply because that term will no longer appear in the Traffic Code. Item # 20 Page 1

2 Agenda Item 20 ATTACHMENTS 1. First Reading Agenda Item Summary, February 19, 2019 (w/o attachments) (PDF) 2. Further Information Regarding Traffic Code (PDF) 3. Ordinance No. 028, 2019 (PDF) 4. Ordinance No. 029, 2019 (PDF) Item # 20 Page 2

3 ATTACHMENT 1 Agenda Item 19 AGENDA ITEM SUMMARY February 19, 2019 City Council STAFF Amanda Mansfield, Transportation Planner Paul Sizemore, FC Moves Senior Manager Chris Van Hall, Legal SUBJECT Items Relating to Regulating Electric Scooters and Other Shared and/or Portable Mobility Devices. EXECUTIVE SUMMARY A. First Reading of Ordinance No, 028, 2019, Amending Chapter 24 of the Code of the City of Fort Collins to Add a New Article VI Related to the Parking of Shared Mobility Devices. B. First Reading of Ordinance No. 029, 2019, Amending Sections 1410 and 2106 of the Fort Collins Traffic Code to Allow for Signage Designating an Area in the City as a Dismount Zone for Any Form of Conveyance. The purpose of this item is to consider proposed Code changes to City Code and Traffic Code relating to the regulation of electric scooters and other shared and/or portable mobility devices. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION In response to e-scooters and other shared mobility devices spreading rapidly across the country, the City of Fort Collins has developed regulations for these and other shared mobility services. Currently these types of vehicles exist in an emerging and evolving regulatory landscape. Experiences from other cities show there is a need to implement policies and practices to regulate e-scooters and other shared mobility devices to prevent unapproved and unregulated launches, minimize conflicts, reduce accidents and clutter in the right-of-way, and create a safe environment for all sidewalk and roadway users. To be prepared for e-scooter and other shared and/or portable mobility device operations, staff has identified two Code provisions (one in the City Code and the other within the Traffic Code) that will clarify accepted use of e-scooters and other shared and/or portable mobility devices within the city. The proposed Code changes are as follows: Adding Article VI to Chapter 24 of the City Code to define shared mobility device, which includes e-scooters, and set forth prohibitions for parking such devices on City sidewalk, roadway and other right-of-way. Amending Sections 1410 and 2106 of the Traffic Code to allow for signage designating areas of the city as a dismount zone for all forms of conveyance, including e-scooters. The proposed Code changes are part of a larger strategy to regulate e-scooters, which includes the development Item # 19 Page 1

4 Agenda Item 19 of a Request for Proposals (RFP) that will allow a vendor or vendors to operate an e-scooter rental business from City property and right of way, including the installation of e-scooter stations, if the vendor complies with the City s existing encroachment permit process and other requirements set forth in the RFP. This RFP process is similar to the one used for the City s Fort Collins Bike Share program. The proposed City Code and Traffic Code amendments will be among the various Code provisions that a prospective vendor would have to comply with if they wish to operate an e-scooter business within the City rightof-way. Private owners and renters of e-scooters will also have to comply with these two amendments. Proposed Code Updates Staff proposes the following change to City Code/Chapter 24 - Streets and Sidewalks: Addition of Article VI. - Parking of Shared Mobility Devices, which specifies parking rules e-scooters and other shared mobility devices must comply with. Highlights include: o E-scooters may be parked upright in the furniture zone of the sidewalk, beside a bicycle rack, or in a designated area as long as they do not block the pedestrian zone o E-scooters may not be parked in a manner that impedes use of window display, sign display, or access to or from any building o E-scooters may not be parked on blocks without sidewalks or in on-street parking spaces except in designated area o E-scooters may not be parked in or adjacent to transit, loading, or disabled parking zones, street furniture, curb ramps, entryways, or driveways Staff proposes the following change to Traffic Code/Part 14 - Other Offenses/ Use of highways for traveling on snowmobiles, skis, toboggans, coasting sleds, skates or similar devices: Addition of text stating that where a dismount zone sign is posted, whether on a sidewalk, path, trail, crosswalk, plaza area, public parking area, public right-of-way, or any other public way or place, e- scooter and other portable mobility device operators must dismount their devices Existing City of Fort Collins Codes and Regulations Consistent with the Colorado Traffic Code, City Traffic Code considers standing e-scooters a toy vehicle, which are allowed on sidewalks and in crosswalks with the same rights and duties as pedestrians. Toy vehicles, including e-scooters, are not allowed on roadways under this current Code or under state law. Further, City Code states that toy vehicles shall yield the right-of-way to any pedestrian and shall give an audible signal or verbal warning before overtaking and passing a pedestrian. City Code prohibits e-scooter stations from being on City property or right-of-way without a permit and e-scooters cannot be placed or parked in a way that obstructs sidewalks or pedestrian paths or roads. If a vendor deploys e-scooters within City property or right-of-way without a permit, then City Code allows the City to pursue various remedies such as citing the vendor and removing the e-scooters and/or stations. Potential State Code Changes and Implications for Further City and Traffic Code Updates The Colorado Traffic Code defines where a toy vehicle, including a standing e-scooter, can operate and states that they must be operated on the sidewalk. Currently, a bill has been introduced at the State legislature that will establish e-scooters as a separate type of vehicle that would be regulated under the traffic code similar to bicycles and electrical assisted bicycles, and also provide cities with more authority in determining where e- scooters can be operated. If this bill passes, staff will bring to Council additional Code change proposals to integrate such changes in to the City s Traffic Code and any other necessary Code changes related to conditions Item # 19 Page 2

5 Agenda Item 19 under which e-scooters can be operated on roadways and sidewalks within the city of Fort Collins. BOARD / COMMISSION RECOMMENDATION At its January 16, 2019 meeting, Transportation Board supported the staff recommendation that Council approve the proposed City Code and Traffic Code changes being brought forth. PUBLIC OUTREACH In addition to extensive internal staff coordination, staff presented its proposed regulations to, and sought input from, the following entities: Bicycle Advisory Committee Commission on Disability Downtown Development Authority (DDA) Downtown Business Association (DBA) Transportation Board Natural Resources Advisory Board Air Quality Board (upcoming on March 18, 2019) ATTACHMENTS 1. Triple Bottom Line Summary (PDF) 2. Draft Electronic Scooter Bill, January 30, 2019 (PDF) 3. Powerpoint presentation (PDF) Item # 19 Page 3

6 ATTACHMENT 2 Low-Power Scooters Toy Scooters Bicycles & E-Bikes Motorized Bicycles May Drive on Sidewalks Must Dismount on Sidewalk in Dismount Zone May Be Driven in Roadway (3) 2106(2)(a) 2106(2)(d) Prohibited from Sidewalks Only if DZ Passes 2 nd Reading Only if DZ Passes 2 nd Reading Prohibited from Sidewalks 1503(2) 1410(1) 2101(1) 2101(1) Must Dismount at Crosswalk ONLY if Directed by Official Traffic Control Device (2) 2106(2)(b) 2106(2)(d) Must ALWAYS Dismount at Crosswalks Right-of-Way Must Be Given to Pedestrians on Sidewalks (2) 2106(2)(b) 2106(2)(d) Prohibited from Sidewalks 1410(3) 2106(2)(a) Prohibited from Sidewalks

7 ORDINANCE NO. 028, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 24 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD A NEW ARTICLE VI RELATED TO THE PARKING OF SHARED MOBILITY DEVICES WHEREAS, technology continues to create emerging forms of conveyances that have a direct impact on City sidewalks, streets, roadways and other infrastructure; and WHEREAS, the City must balance the interest of users of these new vehicles and conveyances with the safe and efficient use of City sidewalks, streets, roadways and other infrastructure by pedestrians and existing conveyances and vehicles; and WHEREAS, some forms of conveyances, including but not limited to electric scooters, may be parked in a way that will obstruct or encroach City sidewalks, streets, roadways and other infrastructures, creating a safety hazard to pedestrians, bicycles and other existing vehicles; and WHEREAS, it is in the City interest of public health and safety to specifically define the term shared mobility device to include conveyances such as e-scooters, and to further designate where a shared mobility device may be parked. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Chapter 24 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article VI which reads in its entirety as follows: ARTICLE VI. PARKING OF SHARED MOBILITY DEVICES Sec Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Driveway shall mean any area, paved or unpaved between the roadway or the street and private or public property that can be utilized by a vehicle or shared mobility device to access the private or public property. Parkway shall mean the space between the roadway and the adjacent property line, with the exception of any existing sidewalk in such space. -1-

8 Roadway shall mean the paved, improved or proper driving portion of a street, designed or ordinarily used for vehicular travel. Shared mobility device shall mean any conveyance or device, including but not limited to electric scooters, skateboards and other toy vehicles, that integrates on-board technology allowing an individual to obtain the conveyance or device, either in person or remotely, from private property or the public right of way, whether or not such conveyance or device is human or motor powered. Shared mobility device parking area shall mean an area specifically designed for and designated as parking for shared mobility devices Street shall mean a public way (whether publicly or privately owned) used or intended to be used for carrying vehicular, bicycle and pedestrian traffic and shall include the entire area within the public right-of-way and/or public access easement. User shall mean any person using, operating, or handling a shared mobility device. Sec Parking of Shared Mobility Devices (a) No person shall park, nor direct another to park, a shared mobility device in any manner contrary to any law or contrary to any provision of this Article. (b) A user shall park shared mobility devices upright on hard surfaces in the parkway, beside a bicycle rack, or in another area specifically designated for shared mobility device parking. (c) A user may not park shared mobility devices in such a manner as to block the pedestrian zone area of the sidewalk, any fire hydrant, call box or other emergency facility, bus bench, or utility pole. (d) A user may not park shared mobility devices in a manner that impedes or interferes with the reasonable use of any commercial window display, sign display, or access to or from any building. (e) A user may not park shared mobility devices in a manner that impedes or interferes with the reasonable use of any bicycle rack or newsrack, or parkway that requires pedestrian access, including, but not limited to, benches, parking pay stations, and transit information signs. (f) A user may not park shared mobility devices on blocks without sidewalks or in on-street parking spaces except in a designated shared mobility device parking area. (g) A user may not park shared mobility devices in the parkway directly adjacent to or within the following areas: (1) Transit zones, including, but not limited to, bus stops, shelters, passenger waiting areas, bus layover and staging zones, except at existing bicycle racks; (2) Loading zones; -2-

9 (3) Disabled parking zones; (4) Curb ramps; (5) Entryways; or (6) Driveways. Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2019, and to be presented for final passage on the 5th day of March, A.D ATTEST: Mayor City Clerk Passed and adopted on final reading on the 5th day of March, A.D ATTEST: Mayor City Clerk -3-

10 ORDINANCE NO. 029, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 1410 AND 2106 OF THE FORT COLLINS TRAFFIC CODE TO ALLOW FOR SIGNAGE DESIGNATING AN AREA IN THE CITY AS A DISMOUNT ZONE FOR ANY FORM OF CONVEYANCE WHEREAS, technology continues to create emerging forms of conveyances that have a direct impact on City sidewalks, streets, roadways and other infrastructure; and WHEREAS, the City must balance the interest of users of these new conveyances with the safe and efficient use of City sidewalks, streets, roadways and other infrastructure by pedestrians and existing conveyances and vehicles; and WHEREAS, some forms of conveyances, including but not limited to electric scooters, may be utilized in areas of the City that are designed to be used solely by pedestrians and the use of conveyances in these areas may pose an immediate safety hazard to pedestrians in the area; and WHEREAS, it is in the City interest of public health and safety to allow for the posting of signs to designate a dismount zone where all forms of conveyance, as that term is defined herein, are prohibited. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. read as follows: That Section 1410 of the Fort Collins Traffic Code is hereby amended to Use of highways for traveling on snowmobiles, skis, toboggans, coasting sleds, skates or similar devices.... (5) Where a sign is posted and designated as a dismount zone, no person using or riding any conveyance such as skates, in-line skates, skateboards, coasters, scooters, toy vehicles or similar devices, whether human- or motor-powered, on any sidewalk, path, trail, crosswalk, plaza area, public parking area, public right-of-way, or any other public way or place, shall use or ride such conveyance in the manner designed. Within the dismount zone, the rider or user of such conveyance must dismount the conveyance. (a) A person riding or walking a conveyance as described in 1410(5) shall have all the rights and duties applicable to a pedestrian under the same circumstances, including but not limited to the rights and duties granted and required by Section

11 (b) For purposes of this Section, conveyance shall not include a stroller, wheelchair, or any device designed to assist mobility-impaired people. Section 3. to read as follows: That Section 2106 of the Code of the City of Fort Collins is hereby amended Sidewalks and trails.... (2) (a) A person riding a bicycle, electrical assisted bicycle or shared mobility device, as that term is defined in City Code Section , upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-ofway to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. A person riding a bicycle in a crosswalk shall do so in a manner that is safe for pedestrians. (b)... A person shall not ride a bicycle, electrical assisted bicycle or shared mobility device upon and along a sidewalk or across a roadway upon and along a crosswalk where such use of bicycles or electrical assisted bicycles is prohibited by official traffic control devices, signs designating a dismount zone, or local ordinances. A person riding a bicycle or electrical assisted bicycle shall dismount before entering any crosswalk where required by official traffic control devices or ordinance. Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2019, and to be presented for final passage on the 5th day of March, A.D ATTEST: Mayor City Clerk -2-

12 Passed and adopted on final reading on the 5th day of March, A.D ATTEST: Mayor City Clerk -3-