HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/19/2019 - ITEMS RELATING TO REGULATING ELECTRIC SCOOTERS ANDAgenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY March 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. 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.
When discussing this item on March 5, Councilmembers requested that staff forward an amendment to City
Traffic Code to require operators of shared mobility devices including e-scooters to dismount their
conveyances at crosswalks regardless of whether there is a traffic control device requiring them to do so,
which is the only situation under which an operator must dismount under current City Traffic Code.
To make this amendment, Council will need to move to amend Ordinance No. 029, 2019, to add the following
to the end of Section 3:
“A person riding a shared mobility device or toy vehicle shall dismount before entering any crosswalk.”
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
BACKGROUND/DISCUSSION
Attachment 2 is an updated table that clarifies requirements related to where toy vehicles (the Traffic Code
designation for e-scooters) may operate, including whether they need to dismount at a crosswalk under current
and proposed City Traffic Code.
Agenda Item 16
Item # 16 Page 2
ATTACHMENTS
1. First Reading Agenda Item Summary, February 19, 2019 (w/o attachments) (PDF)
2. Comparison of Restrictions that Apply to Operation of Certain Vehicles under the Traffic Code
(PDF)
3. Powerpoint presentation (PDF)
4. Ordinance No. 028, 2019 (PDF)
5. Ordinance No. 029, 2019 (PDF)
Agenda Item 19
Item # 19 Page 1
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
ATTACHMENT 1
Agenda Item 19
Item # 19 Page 2
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 right-
of-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/1410. - 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
Agenda Item 19
Item # 19 Page 3
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)
Low‐Power Scooters*
E‐Scooters (and other Shared
Mobility Devices) Bicycles & E‐Bikes
May Drive on Sidewalks No Yes Yes
FC Traffic Code Provision FCTC 1505 FCTC 1410(3) FCTC 2106(2)(a)
Must Dismount on Sidewalk
in Dismount Zone
Doesn't Apply Because
They Are Prohibited from
Sidewalks
Yes‐ if Sign or Signal
Requires
Yes ‐ If Sign or Signal
Requires
FC Traffic Code Provision FCTC 1505 FCTC 1410(2) FCTC 2106
May Be Driven in Roadway Yes No Yes
FC Traffic Code Provision FCTC 1503(2) FCTC 1410(1) FCTC 2101(1)
Must Dismount at Crosswalk
ONLY if Directed by Sign or
Signal
Not Currently ‐ Must
Always Dismount at
Crosswalk Yes Yes
FC Traffic Code Provision FCTC 1505 FCTC 1410(2) FCTC 2106(2)(b)
Must ALWAYS Dismount in
Crosswalks Yes
No (Under Staff‐
Proposed Traffic Code
Amendment) No
FC Traffic Code Provision FCTC 1505 Proposed FCTC 1410(2) FCTC 2106(2)
Right‐of‐Way Must be Given
to Pedestrians on Sidewalks
Doesn't Apply Because
They Are Prohibited from
Sidewalks Yes Yes
FC Traffic Code Provision FCTC 1505 FCTC 1410(3) FCTC 2106(2)(a)
*Current City Code includes one reference to "motorized bicycle" at Traffic Code Section 2106. This single reference to "motorized bicycle" is
proposed to change to "low‐power scooter" via Ordinance 049, 2019 to be consistent with other portions of City Code.
Comparison of Restrictions that Apply to Operation of Certain Vehicles Under the City Traffic Code
ATTACHMENT 2
March 19, 2019
Regulating Shared Electric Scooters and Other Shared and/or Portable Mobility Devices
City Council Meeting
ATTACHMENT 3
Council Action Requested
Adoption of the following ordinances on second reading:
1. Addition of Article VI. – Parking of Shared Mobility Devices to City
Code/Chapter 24 – Streets and Sidewalks
a) Includes e-scooter and other shared mobility device parking regs
2. Addition of text to Traffic Code/Part 14 – Other Offenses/1410 – Use of
highways for traveling on snowmobiles, skis, toboggans, coasting sleds,
skates or similar devices
a) States that where a downtown dismount zone sign is posted, e-
scooter and other shared and/or portable mobility device
operators must dismount
2
Council Action Requested
Amendment to Ordinance No. 029, 2019
• On March 5, Councilmembers requested an amendment to City Traffic Code to
require operators of shared mobility devices including e-scooters to dismount
conveyances at crosswalks regardless of whether there is a traffic control device
requiring them to do so.
• To make this amendment, Council will need to move to amend Ordinance No. 029,
2019, to add the following to the end of Section 3:
“A person riding a shared mobility device or toy vehicle shall dismount before
entering any crosswalk.”
3
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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. 24-178 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.
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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. 24-179 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;
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(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. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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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. That Section 1410 of the Fort Collins Traffic Code is hereby amended to
read as follows:
1410. - 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 802.
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(b) For purposes of this Section, conveyance shall not include a stroller, wheelchair,
or any device designed to assist mobility-impaired people.
Section 3. That Section 2106 of the Code of the City of Fort Collins is hereby amended
to read as follows:
2106. - 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 24-178, upon and along a sidewalk or
pathway or across a roadway upon and along a crosswalk shall yield the right-of-
way 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. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 5th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk