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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/06/2011 - SECOND READING OF ORDINANCE NO. 167, 2011, AMENDINDATE: December 6, 2011 STAFF: Marty Heffernan AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 36 SUBJECT Second Reading of Ordinance No. 167, 2011, Amending Chapter 23, Articles IX and X of the City Code to Update Language Related to the Use of Motorized Devices on City Trails by People with Disabilities. EXECUTIVE SUMMARY On First Reading, the City Council amended Ordinance No. 167, 2011 to eliminate the provisions pertaining to implementation of a one year trial period to allow electric assisted bicycles on City trails. Provisions in the Ordinance to change the City Code to clarify that people with temporary or permanent mobility disabilities are allowed to operate ebikes and other power driven mobility devices on trails, and in parks and natural areas, in accordance with City regulations, were retained. This Ordinance was adopted with these revisions, on First Reading on November 15, 2011 by a vote of 4-2 (Nays: Troxell, Weitkunat). Changes were made to the Ordinance between First and Second Readings to shorten the title of the Ordinance, add information about recent ADA regulations, and remove a definition that is no longer needed. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - November 15, 2011 (w/o attachments) 2. Powerpoint presentation COPY COPY COPY COPY ATTACHMENT 1 DATE: November 15, 2011 STAFF: Marty Heffernan AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 32 SUBJECT First Reading of Ordinance No. 167, 2011, Amending Chapter 23, Articles IX and X of the City Code to Allow Electrical Assisted Bicycles on the City’s Paved Trails for a One Year Trial Period. EXECUTIVE SUMMARY Council has expressed interest in considering a trial period to allow electric assisted bicycles (ebikes) on City paved trails. In response, the City Manager formed a cross-departmental team to: investigate the relevant issues; gain input from associated boards and commissions; conduct a public opinion survey; and find out how other cities are managing ebikes. City staff presented this information to the Council at the June 28, 2011 Work Session. After reviewing the information provided at the work session, the City Manager’s recommendation, and other input received from citizens, Council supported consideration of a change to the City Code to implement a one year trial period to allow electrical assisted bicycles on the City’s paved trail system. Council requested that staff prepare an ordinance to make the needed changes to the City Code to implement the trial period and return to Council at a regular meeting for a determination on whether or not the trial period should be implemented. Adoption of Ordinance No. 167, 2011, implements a one year trial period allowing ebikes on City paved trails from April 1, 2012 through March 31, 2013. BACKGROUND / DISCUSSION INTRODUCTION Council expressed interest in considering a trial period to allow ebikes on City paved trails. In response, the City Manager formed a cross-departmental team to: investigate the relevant issues; gain input from associated boards and commissions; conduct a public opinion survey; and find out how other cities are managing ebikes on their trails. City staff presented this information to the Council at its June 28, 2011 Work Session. (Attachment 2). After reviewing the information provided at the Work Session, the City Manager’s recommendation, and other input received from citizens, Council supported consideration of a change to the City Code to implement a one year trial period to allow electrical assisted bicycles (ebikes) on the City’s paved trail system. Council requested staff prepare an ordinance to make the needed changes to the City Code to implement the trial period and return to Council at a regular meeting for a determination on whether or not the trial period should be implemented. Council requested that the trial period expire after one year unless renewed, be limited to paved trails, and encompass an uninterrupted warm weather season. Council also indicated the trial period should be limited only to ebikes, which should be defined to exclude other electric vehicles or devices like mopeds, motorcycles, skateboards and scooters. Council also requested that staff prepare a plan to educate the community about the rights of people with mobility impairments to use ebikes on the trails and also help educate the community about trail etiquette, warnings, safety and the recreational purpose of the trail system. Additionally, Council asked staff to develop a plan to gather information and assess the impacts of ebike use during the trial period. Issues regarding safety, conflicts with other trail users, impacts to wildlife, public opinion and related issues were to be addressed. CODE CHANGES Adoption of Ordinance No. 167, 2011, implements a one year trial period allowing ebikes on the City’s paved trails and clarifies that people with mobility disabilities can use ebikes and other power-driven mobility devices on the trails (as required by the Americans with Disabilities Act (ADA)) by making the following changes to Chapter 23 of the City Code: COPY COPY COPY COPY November 15, 2011 -2- ITEM 32 1. Defines a “bicycle” by adopting the definition used in the Fort Collins Traffic Code. 2. Defines an “Electrical Assisted Bicycle: Electrical assisted bicycle shall mean a vehicle having two (2) tandem wheels, or two (2) parallel wheels and one (1) forward wheel, fully operable pedals, an electric motor not exceeding seven hundred fifty (750) watts of power and a top motor-powered speed of twenty (20) miles per hour, which also has a tire size of not more than three (3) inches in width, a wheel diameter of not less than fourteen (14) inches, and a weight of not more than seventy-five (75) pounds. A bicycle with an electric-powered bike trailer that meets the power and speed limitations listed above is also considered an electrical assisted bicycle. The electric-powered bike trailer need not meet the above wheel and tire requirements. 3. Defines “Mobility Disability” and “Other Power-Driven Mobility Device” by adopting the definitions in the ADA. 4. Modifies the prohibition against operating a motor vehicle or other motorized means of conveyance in or on a natural area, park, or trail by allowing ebikes to be ridden on paved trails from April 1, 2012 through March 31, 2013. 5. Clarifies that a person with a temporary or permanent mobility disability is allowed to use a motorized wheelchair or other power-driven mobility device in City natural areas, parks and trails, in accordance with City regulations. OUTREACH AND EDUCATION City staff has launched the education campaign to inform citizens that people with mobility disabilities are allowed to use ebikes and other power-driven mobility devices on City trails. Articles in City News, Fort Shorts and Neighborhood News are being published and the information is also posted on the City’s web page and social media outlets. In the spring of 2012, staff will launch an outreach campaign on trail etiquette to remind citizens to share the trail, give audible warnings, stay to the right, ride at controlled speed, stay alert! and similar messages. The campaign will include: press releases, videos on Cable 14 and on-line; posters; partnerships with bike shops; FC Bikes materials, the Recreator, Natural Areas Tracks and Trails publication, and social media. If Council approves the ebike trial period, the trail etiquette campaign will be expanded to publicize the trial period, including the on-line feedback form to gather citizen input. In mid-summer staff will engage in additional outreach to promote the on-line ebike feedback form and reinforce the trail etiquette message, with additional reminders deployed in the fall. Finally, staff will be improving the signage along the trail system. Signage will be standardized and will include stop signs, warnings about sharp curves or steep grades, trail etiquette reminders, wayfinding and distances and directions to parks, natural areas and public facilities. SURVEYS Staff has been conducting trail use surveys to gather information on how the trails are being used. The surveys record the number of users in a 30 minute time frame, what they are doing (walking, running, biking, rollerblading, skateboarding etc.) and related information. Trail maintenance staff and rangers also have good information on trail use from the time they spend on the trails. This information provides a general baseline of trail use information that can be compared against information gathered during the ebike trial period, if it is implemented. Staff will conduct trail use surveys (using volunteers and paid hourly workers) during the trial period and will include information on ebike use, user conflicts, safety issues and impacts on wildlife. Trail maintenance staff and rangers will also be asked to report on ebike use they observe on the trails. The public will also be encouraged to report their observations and experiences with ebikes on the trails through the City’s on-line feedback form. FURTHER COUNCIL ACTION If the ebike trial period is implemented, and prior to the expiration of the trial period, staff will provide Council with all the information gathered during the trial period. Council can then determine if the trial period should be extended, made permanent, or be allowed to expire. COPY COPY COPY COPY November 15, 2011 -3- ITEM 32 FINANCIAL / ECONOMIC IMPACTS Minimal funding may be needed to pay hourly staff to conduct trail use surveys. The cost is estimated at less than $5,000 and is currently budgeted. ENVIRONMENTAL IMPACTS Environmental impacts from ebikes on the trails is unknown but will be assessed during the trial period. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION Board and Commission recommendations were summarized and included in the June 28th Work Session materials (Attachment 2). PUBLIC OUTREACH Staff conducted a citizen survey on the topic of allowing ebikes on City paved trails. Over 200 responses were received with 49% opposed and 47% in favor of allowing ebikes on the trails. The results of the outreach effort were included in the June 28 Work Session materials (Attachment 2). ATTACHMENTS 1. Work Session Summary, June 28, 2011 2. Agenda Item Summary (and attachments) from the June 28, 2011 Work Session 3. Powerpoint presentation 1 1 CITY CODE CHANGES REGARDING THE USE OF POWER DRIVEN MOBILITY DEVICES IN PARKS, NATURAL AREAS AND ON TRAILS 2 Introduction • On first reading of Ordinance No. 167, 2011 on November 15th, Council amended the Ordinance to remove provisions that would have modified the City Code to implement a trial period allowing electric assisted bicycles on City trails. • The remaining code changes in Ordinance No. 167 pertain to the use of power driven mobility devices in natural areas, parks and on trails by people with mobility disabilities. ATTACHMENT 2 2 3 Introduction • By adopting Ordinance No. 167, 2011 the requirements of the Americans with Disabilities Act (ADA) regarding the use of power driven mobility devices by people with mobility disabilities will be incorporated into the City Code. 4 City Code Changes • The Ordinance clarifies that a person with a temporary or permanent mobility disability is allowed to use a motorized wheelchair or other power-driven mobility device (which includes ebikes) in City natural areas, parks and on trails, in accordance with City regulations. • Power-driven mobility devices also include mopeds, Segways and similar devices. 3 5 CITY REGULATIONS • City regulations are in place which regulate the use of power-driven mobility devices to address safety and resource damage issues. • The regulations allow only electric powered devices, limit their weight to 500 pounds, noise levels to 55 dBA, and width to 32 inches. • The mobility devices must be operated in a safe manner, between dusk and dawn and must not cause damage to park, natural area or trail infrastructure or facilities. ORDINANCE NO. 167, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23, ARTICLES IX AND X OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE THE LANGUAGE REGARDING THE USE OF MOTORIZED DEVICES BY PEOPLE WITH DISABILITIES IN ORDER TO BE CONSISTENT WITH RECENT FEDERAL REGULATIONS UNDER THE AMERICANS WITH DISABILITIES ACT TO UPDATE LANGUAGE RELATED TO THE USE OF MOTORIZED DEVICES ON CITY TRAILS BY PEOPLE WITH DISABILITIES WHEREAS, Article IX of Chapter 23 of the City Code regulates behavior on City natural areas properties, and Article X of Chapter 23 of the City Code regulates behavior in City recreation areas, which includes parks and trails; and WHEREAS, both the natural areas and parks Code provisions currently prohibit the use of motorized vehicles or other motorized means of conveyance in natural areas and recreation areas, except that motorized wheelchairs or similar assistive devices may be used by a person with a mobility impairment; and WHEREAS, in 2010 the U.S. Department of Justice released revised regulations implementing the accessibility provisions of the Americans With Disabilities Act (ADA), which regulations went into effect on March 15, 2011 (the “2011 Regulations”); and WHEREAS, among other changes, the 2011 Regulations redefine the scope of mobility devices that public entities must allow individuals with disabilities to use in areas where pedestrians are allowed, subject to legitimate safety requirements that an entity may adopt; and WHEREAS, the City Council wishes to amend various provisions of Chapter 23, Articles IX and X in order to update the language regarding the use of motorized devices by people with disabilities on City trails in order to be consistent with recent federal regulations under the Americans with Disabilities Act the 2011 Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 23-192 of the Code of the City of Fort Collins is hereby amended by the addition of three two new definitions, which read in their entirety as follows: Sec. 23-192. Definitions. ... Bicycle shall have the same meaning as defined in the Fort Collins Traffic Code. ... ... Mobility disability shall mean a disability, as defined in Title II of the Americans with Disabilities Act, that limits an individual’s mobility within a natural area. ... Other power-driven mobility device shall have the meaning ascribed to it by Title II of the Americans with Disabilities Act. Section 2. That Section 23-193(d)(18) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-193. Prohibited acts; permits. . . . (d) Except as authorized by a permit obtained for such use from the Service Area, it shall be unlawful to: . . . (18) Operate or park a motor vehicle or other motorized means of conveyance anywhere in a natural area other than on established roadways and in designated parking areas; provided, however, that a motorized wheelchair may be used by any person with a temporary or permanent mobility disability anywhere in a natural area that public access is allowed, and an other power-driven mobility device may be used in a natural area by any person with a temporary or permanent mobility disability, in accordance with City regulations regarding such use of other power-driven mobility devices Section 3. That Section 23-202 of the Code of the City of Fort Collins is hereby amended by the addition of three two new definitions, which shall read as follows: Sec. 23-202. Definitions. . . . Bicycle shall have the same meaning as defined in the Fort Collins Traffic Code. . . . -2- . . . Mobility disability shall mean a disability, as defined in Title II of the Americans with Disabilities Act, that limits an individual’s mobility within a recreation area. . . . Other power-driven mobility device shall have the meaning ascribed to it by Title II of the Americans with Disabilities Act. . . . Section 4. That Section 23-203(a)(1) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-203. Prohibited acts; permits. (a) It shall be unlawful to: (1) Operate or park a motor vehicle or other motorized means of conveyance anywhere in a recreation area other than on established roadways and in designated parking areas; provided, however, that a motorized wheelchair may be used by any person with a temporary or permanent mobility disability anywhere in a recreation area that public access is allowed, and an other power-driven mobility device may be used in a recreation area by any person with a temporary or permanent mobility disability, in accordance with City regulations regarding such use of other power- driven mobility devices. Introduced, considered favorably on first reading, and ordered published this 15th day of November, A.D. 2011, and to be presented for final passage on the 6th day of December, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- Passed and adopted on final reading on the 6th day of December, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -4-