HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/19/2019 - ITEMS RELATING TO REGULATING ELECTRIC SCOOTERS ANDAgenda 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.
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Item # 19 Page 2
The proposed Code changes are part of a larger strategy to regulate e-scooters, which includes the
development 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
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integrate such changes in to the City’s Traffic Code and any other necessary Code changes related to
conditions 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)
Regulating Shared Electric Scooters
In response to shared e-scooters spreading rapidly across the country, the City of Fort Collins is being
thoughtful in regulating these new shared mobility services. Experiences from other cities show there is a need
to implement policies and practices to regulate e-scooters to prevent unapproved and unregulated launches.
The purpose of this project is to develop policies and practices for successful management of shared electric
scooters and other shared and/or portable mobility devices.
Positive
• Medium positive impact in terms of
e-scooter education and outreach
initiatives that support
environmental stewardship
principles.
• Medium positive impact related to
promoting environmental
sustainability at local, regional,
state, or national levels in terms of
its ability to encourage participation
by local, regional, and state
partners.
• Low positive impact on
community’s efforts to meet CAP
goals in terms of its ability to
replace vehicle trips.
• Low positive impact on air quality in
terms of its ability to replace vehicle
trips
Negative
• Low/Medium negative impact on
the natural environment if permitted
on trails. Currently e-scooters are
not permitted on trails.
Positive
• Medium positive impact in terms of
developing and retaining
businesses and giving the city a
cool cache helping to attract and
retain residents.
• Medium positive impact in terms of
encouraging new and innovative
businesses to supply and support
e-scooters.
• Medium positive impact in terms of
improving the city’s community
brand and sustainable business
identity.
• Low positive impact in terms of its
ability to create a diverse range of
jobs and training opportunities.
• Low positive impact on cost of
living in terms of its ability to reduce
user’s transportation costs.
Negative
• N/A
Positive
• Low positive impact in terms of its
ability to improve the sense of
belonging of underrepresented
populations for whom it could
increase mobility and accessibility.
Negative
Regulating Shared Electric Scooters
As illustrated above, this initiative was determined to have a relatively positive Triple Bottom Line Scan (TBL-S)
impact with a generally medium to high-level of confidence. The indicator area with the greatest positive impact
score is Economic Health. The indicator area with the highest confidence score related to its level of expected
impact is Environmental Health. Social Health is the indicator area with the lowest level of expected positive
impact. The potential negative impacts of this initiative, particularly those related to Social Health, along with
proposed mitigation measures to address these impacts are included above under Tradeoffs and Mitigations.
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1.30.19
BILL TOPIC: "Regulation Of Electric Scooters"
DEADLINES: File by: 2/15/2019
First Regular Session
Seventy-second General Assembly
STATE OF COLORADO
DRAFT
LLS NO. 19-0769.01 Jennifer Berman x3286
House Committees Senate Committees
A BILL FOR AN ACT
101 CONCERNING THE REGULATION OF ELECTRIC SCOOTERS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill summary for this measure has been intentionally omitted
and will appear on future redrafts of this measure.
1 Be it enacted by the General Assembly of the State of Colorado:
HOUSE SPONSORSHIP
Coleman and Valdez A.,
SENATE SPONSORSHIP
Bridges and Pettersen,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
ATTACHMENT 2
HOUSE BILL
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1 SECTION 1. In Colorado Revised Statutes, 42-1-102, amend 1.30.19
2 (48.5)(b), (58)(a), (103.5)(c), and (112); and add (28.8) as follows:
3 42-1-102. Definitions. As used in articles 1 to 4 of this title 42,
4 unless the context otherwise requires:
5 (28.8) (a) "ELECTRIC SCOOTER" MEANS A DEVICE:
6 (I) WEIGHING LESS THAN ONE HUNDRED POUNDS;
7 (II) WITH HANDLEBARS AND AN ELECTRIC MOTOR;
8 (III) THAT IS POWERED BY AN ELECTRIC MOTOR OR HUMAN POWER;
9 AND
10 (IV) THAT HAS A MAXIMUM SPEED OF TWENTY MILES PER HOUR ON
11 A PAVED LEVEL SURFACE WHEN POWERED SOLELY BY THE ELECTRIC
12 MOTOR.
13 (b) "ELECTRIC SCOOTER" DOES NOT INCLUDE AN ELECTRICAL
14 ASSISTED BICYCLE, AN EPAMD, A MOTORCYCLE, OR A LOW-POWER
15 SCOOTER.
16 (48.5) (b) "Low-power scooter" shall DOES not include a toy
17 vehicle, bicycle, electrical assisted bicycle, ELECTRIC SCOOTER,
18 wheelchair, or any device designed to assist mobility-impaired people
19 WITH MOBILITY IMPAIRMENTS who use pedestrian rights-of-way.
20 (58) (a) "Motor vehicle" means any self-propelled vehicle that is
21 designed primarily for travel on the public highways and that is generally
22 and commonly used to transport persons and property over the public
23 highways or a low-speed electric vehicle; except that the term does not
24 include electrical assisted bicycles, ELECTRIC SCOOTERS, low-power
25 scooters, wheelchairs, or vehicles moved solely by human power.
26 (103.5) (c) "Toy vehicle" does not include ELECTRIC SCOOTERS,
27 off-highway vehicles, or snowmobiles.
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1 (112) "Vehicle" means a device that is capable of moving itself, 1.30.19
2 or of being moved, from place to place upon wheels or endless tracks.
3 "Vehicle" includes without limitation, a bicycle, electrical assisted
4 bicycle, ELECTRIC SCOOTER, or EPAMD, but does not include a
5 wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement
6 of husbandry designed primarily or exclusively for use and used in
7 agricultural operations or any device moved exclusively over stationary
8 rails or tracks or designed to move primarily through the air.
9 SECTION 2. In Colorado Revised Statutes, 42-3-103, amend
10 (1)(b)(I) as follows:
11 42-3-103. Registration required - exemptions. (1) (b) This
12 subsection (1) does not apply to the following:
13 (I) A bicycle, electrical assisted bicycle, ELECTRIC SCOOTER, or
14 other human-powered vehicle;
15 SECTION 3. In Colorado Revised Statutes, 42-4-109, amend (7)
16 and (11) as follows:
17 42-4-109. Low-power scooters, animals, skis, skates, and toy
18 vehicles on highways. (7) For the sake of uniformity and bicycle,
19 electrical assisted bicycle, ELECTRIC SCOOTER, and low-power scooter
20 safety throughout the state, the department in cooperation with the
21 department of transportation shall prepare and make available to all local
22 jurisdictions for distribution to bicycle, electrical assisted bicycle,
23 ELECTRIC SCOOTER, and low-power scooter riders a digest of state
24 regulations explaining and illustrating the rules of the road, equipment
25 requirements, and traffic control devices that are applicable to such THE
26 riders and their bicycles, electrical assisted bicycles, ELECTRIC SCOOTERS,
27 or low-power scooters. Local authorities may supplement this digest with
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1 a leaflet describing any additional regulations of a local nature that apply 1.30.19
2 within their respective jurisdictions.
3 (11) Where suitable bike paths, horseback trails, or other trails
4 have been established on the right-of-way or parallel to and within
5 one-fourth mile of the right-of-way of heavily traveled streets and
6 highways, the department of transportation may, subject to the provisions
7 of section 43-2-135, C.R.S., by resolution or order entered in its minutes,
8 and local authorities may, where suitable bike paths, horseback trails, or
9 other trails have been established on the right-of-way or parallel to it
10 within four hundred fifty feet of the right-of-way of heavily traveled
11 streets, by ordinance, determine and designate, upon the basis of an
12 engineering and traffic investigation, those heavily traveled streets and
13 highways upon which shall be prohibited any bicycle, electrical assisted
14 bicycle, ELECTRIC SCOOTER, animal rider, animal-drawn conveyance, or
15 other class or kind of nonmotorized traffic that is found to be
16 incompatible with the normal and safe movement of traffic, and, upon
17 such a determination, the department of transportation or local authority
18 shall erect appropriate official signs giving notice thereof OF THE
19 PROHIBITION; except that, with respect to controlled access highways,
20 section 42-4-1010 (3) shall apply APPLIES. When such THE official signs
21 are erected, no A person shall NOT violate any of the instructions
22 contained thereon ON THE OFFICIAL SIGNS.
23 SECTION 4. In Colorado Revised Statutes, 42-4-111, amend
24 (1)(dd) as follows:
25 42-4-111. Powers of local authorities. (1) Except as otherwise
26 provided in subsection (2) of this section, this article 4 does not prevent
27 local authorities, with respect to streets and highways under their
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1 jurisdiction and within the reasonable exercise of the police power, from: 1.30.19
2 (dd) Authorizing or prohibiting the use of an electrical assisted
3 bicycle OR AN ELECTRIC SCOOTER on a bike or pedestrian path in
4 accordance with section 42-4-1412;
5 SECTION 5. In Colorado Revised Statutes, 42-4-221, amend (1),
6 (2), (3), (4), (5), (6), (7), and (8) as follows:
7 42-4-221. Bicycle and personal mobility device equipment.
8 (1) No other provision of this part 2 and no provision of part 3 of this
9 article shall apply ARTICLE 4 APPLIES to a bicycle, electrical assisted
10 bicycle, ELECTRIC SCOOTER, or EPAMD or to equipment for use on a
11 bicycle, electrical assisted bicycle, ELECTRIC SCOOTER, or EPAMD except
12 those provisions in this article ARTICLE 4 made specifically applicable to
13 such a vehicle.
14 (2) Every bicycle, electrical assisted bicycle, ELECTRIC SCOOTER,
15 or EPAMD in use at the times described in section 42-4-204 shall be
16 equipped with a lamp on the front emitting a white light visible from a
17 distance of at least five hundred feet to the front.
18 (3) Every bicycle, electrical assisted bicycle, ELECTRIC SCOOTER,
19 or EPAMD shall be equipped with a red reflector of a type approved by
20 the department, which shall be visible for six hundred feet to the rear
21 when directly in front of lawful lower beams of head lamps on a motor
22 vehicle.
23 (4) Every bicycle, electrical assisted bicycle, ELECTRIC SCOOTER,
24 or EPAMD when in use at the times described in section 42-4-204 shall
25 be equipped with reflective material of sufficient size and reflectivity to
26 be visible from both sides for six hundred feet when directly in front of
27 lawful lower beams of head lamps on a motor vehicle or, in lieu of such
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1 reflective material, with a lighted lamp visible from both sides from a 1.30.19
2 distance of at least five hundred feet.
3 (5) A bicycle, electrical assisted bicycle, ELECTRIC SCOOTER, or
4 EPAMD or its rider may be equipped with lights or reflectors in addition
5 to those required by subsections (2) to (4) of this section.
6 (6) A bicycle, or electrical assisted bicycle, ELECTRIC SCOOTER,
7 shall not be equipped with, nor shall any person use upon a bicycle, or
8 electrical assisted bicycle, OR ELECTRIC SCOOTER, any siren or whistle.
9 (7) Every bicycle, or electrical assisted bicycle, OR ELECTRIC
10 SCOOTER shall be equipped with a brake or brakes that will enable its
11 rider to stop the bicycle, or electrical assisted bicycle, OR ELECTRIC
12 SCOOTER within twenty-five feet from a speed of ten miles per hour on
13 dry, level, clean pavement.
14 (8) A person engaged in the business of selling bicycles, or
15 electrical assisted bicycles, OR ELECTRIC SCOOTERS at retail shall not sell
16 any bicycle, or electrical assisted bicycle, OR ELECTRIC SCOOTER unless
17 the bicycle, or electrical assisted bicycle, OR ELECTRIC SCOOTER has an
18 identifying number permanently stamped or cast on its frame.
19 SECTION 6. In Colorado Revised Statutes, 42-4-224, amend (3)
20 as follows:
21 42-4-224. Horns or warning devices. (3) No A bicycle,
22 electrical assisted bicycle, ELECTRIC SCOOTER, or low-power scooter shall
23 NOT be equipped with, nor shall any person use upon such vehicle A
24 BICYCLE, ELECTRICAL ASSISTED BICYCLE, ELECTRIC SCOOTER, OR
25 LOW-POWER SCOOTER, a siren or whistle.
26 SECTION 7. In Colorado Revised Statutes, amend 42-4-503 as
27 follows:
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1 42-4-503. Projecting loads on passenger vehicles. No 1.30.19
2 passenger-type vehicle, Except WITH REGARD TO THE OPERATION OF a
3 motorcycle, a bicycle, or an electrical assisted bicycle, OR AN ELECTRIC
4 SCOOTER, A PERSON shall be operated NOT OPERATE A PASSENGER-TYPE
5 VEHICLE on any highway with any load carried thereon ON THE VEHICLE
6 extending beyond the line of the fenders on the left side of such THE
7 vehicle nor extending more than six inches beyond the line of the fenders
8 on the right side thereof OF THE VEHICLE. Any person who violates this
9 section commits a class B traffic infraction.
10 SECTION 8. In Colorado Revised Statutes, 42-4-802, amend (3)
11 as follows:
12 42-4-802. Pedestrians' right-of-way in crosswalks. (3) No A
13 pedestrian shall NOT suddenly leave a curb or other place of safety and
14 ride a bicycle, ride an electrical assisted bicycle, OR AN ELECTRIC
15 SCOOTER, OR walk or run into the path of a moving vehicle that is so close
16 as to constitute an immediate hazard.
17 SECTION 9. In Colorado Revised Statutes, 42-4-1204, amend
18 (4) as follows:
19 42-4-1204. Stopping, standing, or parking prohibited in
20 specified places.
21 (4) (a) Paragraph (a) of subsection (1) SUBSECTION (1)(a) of this
22 section shall DOES not prohibit persons A PERSON from parking bicycles
23 or electrical assisted bicycles A BICYCLE, ELECTRIC ASSISTED BICYCLE, OR
24 ELECTRIC SCOOTER on sidewalks A SIDEWALK in accordance with the
25 provisions of section 42-4-1412 (11)(a) and (11)(b).
26 (b) Paragraph (f) of subsection (1) SUBSECTION (1)(f) of this
27 section shall DOES not prohibit persons from parking two or more
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1 bicycles, or electrical assisted bicycles, OR ELECTRIC SCOOTERS abreast in 1.30.19
2 accordance with the provisions of section 42-4-1412 (11)(d).
3 (c) Paragraphs (a), (c), and (d) of subsection (2) SUBSECTIONS
4 (2)(a), (2)(c), AND (2)(d) of this section shall DO not apply to bicycles, or
5 electrical assisted bicycles, OR ELECTRIC SCOOTERS parked on sidewalks
6 in accordance with section 42-4-1412 (11)(a) and (11)(b).
7 SECTION 10. In Colorado Revised Statutes, 42-4-1401, amend
8 (1) as follows:
9 42-4-1401. Reckless driving - penalty. (1) A person who drives
10 a motor vehicle, bicycle, electrical assisted bicycle, ELECTRIC SCOOTER,
11 or low-power scooter in such a manner as to indicate either a wanton or
12 a willful disregard for the safety of persons or property is guilty of
13 reckless driving. A person convicted of reckless driving of a bicycle, or
14 electrical assisted bicycle, shall OR ELECTRIC SCOOTER IS not be subject
15 to the provisions of section 42-2-127.
16 SECTION 11. In Colorado Revised Statutes, 42-4-1402, amend
17 (1) as follows:
18 42-4-1402. Careless driving - penalty. (1) A person who drives
19 a motor vehicle, bicycle, electrical assisted bicycle, ELECTRIC SCOOTER,
20 or low-power scooter in a careless and imprudent manner, without due
21 regard for the width, grade, curves, corners, traffic, and use of the streets
22 and highways and all other attendant circumstances, is guilty of careless
23 driving. A person convicted of careless driving of a bicycle, or electrical
24 assisted bicycle, shall OR ELECTRIC SCOOTER IS not be subject to the
25 provisions of section 42-2-127.
26 SECTION 12. In Colorado Revised Statutes, 42-4-1412, amend
27 (1), (3), (4), (5)(a) introductory portion, (5)(c) introductory portion, (6),
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1 (7), (8)(a), (8)(b), (9), (10)(a), (10)(b), (10)(c), (11), (12)(b), and (13) as 1.30.19
2 follows:
3 42-4-1412. Operation of bicycles and other human-powered
4 vehicles. (1) A person riding a bicycle, or electrical assisted bicycle, OR
5 ELECTRIC SCOOTER has all of the rights and duties applicable to the driver
6 of any other vehicle under this article 4, except as to special regulations
7 in this article 4, except as provided in section 42-4-1412.5, and except as
8 to those provisions which THAT by their nature can have no application.
9 Said BICYCLE, ELECTRICAL ASSISTED BICYCLE, OR ELECTRIC SCOOTER
10 riders shall comply with the rules set forth in this section and section
11 42-4-221, and, when using streets and highways within incorporated cities
12 and towns, are subject to local ordinances regulating the operation of
13 bicycles, and electrical assisted bicycles, AND ELECTRIC SCOOTERS as
14 provided in section 42-4-111. Notwithstanding any contrary provision in
15 this article 4, when a county or municipality has adopted an ordinance or
16 resolution pursuant to section 42-4-1412.5, riders are subject to the local
17 ordinance or resolution.
18 (3) No A bicycle, or electrical assisted bicycle, OR ELECTRIC
19 SCOOTER shall NOT be used to carry more persons at one time than the
20 number for which it is designed or equipped.
21 (4) No A person riding upon any A bicycle, or electrical assisted
22 bicycle, OR ELECTRIC SCOOTER shall NOT attach the same or himself or
23 herself to any motor vehicle upon a roadway.
24 (5) (a) Any person operating a bicycle, or an electrical assisted
25 bicycle, OR AN ELECTRIC SCOOTER upon a roadway at less than the normal
26 speed of traffic shall ride in the right-hand lane, subject to the following
27 conditions:
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1 (c) A person operating a bicycle, or an electrical assisted bicycle, 1.30.19
2 OR AN ELECTRIC SCOOTER upon a one-way roadway with two or more
3 marked traffic lanes may ride as near to the left-hand curb or edge of such
4 THE roadway as judged safe by the bicyclist RIDER, subject to the
5 following conditions:
6 (6) (a) Persons riding bicycles, or electrical assisted bicycles, OR
7 ELECTRIC SCOOTERS upon a roadway shall not ride more than two abreast
8 except on paths or parts of roadways set aside for the exclusive use of
9 bicycles AND ELECTRIC SCOOTERS.
10 (b) Persons riding bicycles, or electrical assisted bicycles, OR
11 ELECTRIC SCOOTERS two abreast shall not impede the normal and
12 reasonable movement of traffic and, on a laned roadway, shall ride within
13 a single lane.
14 (7) A person operating a bicycle, or electrical assisted bicycle, OR
15 ELECTRIC SCOOTER shall keep at least one hand on the handlebars at all
16 times.
17 (8) (a) A person riding a bicycle, or electrical assisted bicycle, OR
18 ELECTRIC SCOOTER intending to turn left shall follow a course described
19 in sections 42-4-901 (1), 42-4-903, and 42-4-1007 or may make a left turn
20 in the manner prescribed in paragraph (b) of this subsection (8)
21 SUBSECTION (8)(b) OF THIS SECTION.
22 (b) A person riding a bicycle, or electrical assisted bicycle, OR
23 ELECTRIC SCOOTER intending to turn left shall approach the turn as closely
24 as practicable to the right-hand curb or edge of the roadway. After
25 proceeding across the intersecting roadway to the far corner of the curb
26 or intersection of the roadway edges, the bicyclist RIDER shall stop, as
27 much as practicable, out of the way of traffic. After stopping, the bicyclist
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1 RIDER shall yield to any traffic proceeding in either direction along the 1.30.19
2 roadway that the bicyclist RIDER had been using. After yielding and
3 complying with any official traffic control device or police officer
4 regulating traffic on the highway along which the bicyclist RIDER intends
5 to proceed, the bicyclist RIDER may proceed in the new direction.
6 (9) (a) Except as otherwise provided in this subsection (9), every
7 person riding a bicycle, or electrical assisted bicycle, OR ELECTRIC
8 SCOOTER shall signal the intention to turn or stop in accordance with
9 section 42-4-903; except that a person riding a bicycle, or electrical
10 assisted bicycle, OR ELECTRIC SCOOTER may signal a right turn with the
11 right arm extended horizontally.
12 (b) A signal of intention to turn right or left when required shall
13 be given continuously during not less than the last one hundred feet
14 traveled by the bicycle, or electrical assisted bicycle, OR ELECTRIC
15 SCOOTER before turning and shall be given while the bicycle, or electrical
16 assisted bicycle, OR ELECTRIC SCOOTER is stopped waiting to turn. A
17 signal by hand and arm need not be given continuously if the hand is
18 needed in the control or operation of the bicycle, or electrical assisted
19 bicycle, OR ELECTRIC SCOOTER.
20 (10) (a) A person riding a bicycle, or electrical assisted bicycle, OR
21 ELECTRIC SCOOTER upon and along a sidewalk or pathway or across a
22 roadway upon and along a crosswalk shall yield the right-of-way to any
23 pedestrian and shall give an audible signal before overtaking and passing
24 such THE pedestrian. A person riding a bicycle OR ELECTRIC SCOOTER in
25 a crosswalk shall do so in a manner that is safe for pedestrians.
26 (b) A person shall not ride a bicycle, or electrical assisted bicycle,
27 OR ELECTRIC SCOOTER upon and along a sidewalk or pathway or across
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1 a roadway upon and along a crosswalk where such THE use of bicycles, 1.30.19
2 or electrical assisted bicycles, OR ELECTRIC SCOOTERS is prohibited by
3 official traffic control devices or local ordinances. A person riding a
4 bicycle, or electrical assisted bicycle, OR ELECTRIC SCOOTER shall
5 dismount before entering any crosswalk where required by official traffic
6 control devices or local ordinances.
7 (c) A person riding or walking a bicycle, or electrical assisted
8 bicycle, OR ELECTRIC SCOOTER upon and along a sidewalk or pathway or
9 across a roadway upon and along a crosswalk shall have HAS all the rights
10 and duties applicable to a pedestrian under the same circumstances,
11 including but not limited to, the rights and duties granted and required by
12 section 42-4-802.
13 (11) (a) A person may park a bicycle, or electrical assisted bicycle,
14 OR ELECTRIC SCOOTER on a sidewalk unless prohibited or restricted by an
15 official traffic control device or local ordinance.
16 (b) A bicycle, or electrical assisted bicycle, OR ELECTRIC SCOOTER
17 parked on a sidewalk shall MUST not impede the normal and reasonable
18 movement of pedestrian or other traffic.
19 (c) A bicycle, or electrical assisted bicycle, OR ELECTRIC SCOOTER
20 may be parked on the road at any angle to the curb or edge of the road at
21 any location where parking is allowed.
22 (d) A bicycle, or electrical assisted bicycle, OR ELECTRIC SCOOTER
23 may be parked on the road abreast of another ONE OR MORE such bicycle
24 or bicycles OR ELECTRIC SCOOTERS near the side of the road or any
25 location where parking is allowed in such a manner as does not impede
26 the normal and reasonable movement of traffic.
27 (e) In all other respects, bicycles, or electrical assisted bicycles, OR
-12- DRAFT
UNEDITED
UNREVISED
DRAFT
1 ELECTRIC SCOOTERS parked anywhere on a highway shall MUST conform 1.30.19
2 to the provisions of part 12 of this article ARTICLE 4 regulating the parking
3 of vehicles.
4 (12) (b) Any person riding a bicycle, or electrical assisted bicycle,
5 OR ELECTRIC SCOOTER who violates any provision of this article ARTICLE
6 4 other than this section which THAT is applicable to such a vehicle and
7 for which a penalty is specified shall be IS subject to the same specified
8 penalty as any other vehicle; except that section 42-2-127 shall DOES not
9 apply.
10 (13) Upon request, the law enforcement agency having
11 jurisdiction shall complete a report concerning an injury or death incident
12 that involves a bicycle, or electrical assisted bicycle, OR ELECTRIC
13 SCOOTER on the roadways of the state, even if such THE accident does not
14 involve a motor vehicle.
15 SECTION 13. In Colorado Revised Statutes, 42-4-1412.5,
16 amend (1)(a), (1)(c), and (1)(d) as follows:
17 42-4-1412.5. Local adoption of alternative regulation of
18 bicycles and electric scooters approaching intersections - alternative
19 regulation described - validity of existing local resolution -
20 definitions. (1) A county or municipality may adopt an ordinance or
21 resolution implementing this section. If a county or municipality adopts
22 an ordinance or resolution pursuant to this section, the ordinance or
23 resolution must specify the following:
24 (a) A person riding a bicycle, or electrical assisted bicycle, OR
25 ELECTRIC SCOOTER and approaching an intersection of a roadway with a
26 stop sign shall slow down and, if required for safety, stop before entering
27 the intersection. If a stop is not required for safety, the person shall slow
-13- DRAFT
UNEDITED
UNREVISED
DRAFT
1 to a reasonable speed and yield the right-of-way to any traffic or 1.30.19
2 pedestrian in or approaching the intersection. After the person has slowed
3 to a reasonable speed and yielded the right-of-way if required, the person
4 may cautiously make a turn or proceed through the intersection without
5 stopping.
6 (c) A person riding a bicycle, or electrical assisted bicycle, OR
7 ELECTRIC SCOOTER and approaching an intersection of a roadway with an
8 illuminated red traffic control signal shall stop before entering the
9 intersection and shall yield to all other traffic and pedestrians. Once the
10 person has yielded, the person may cautiously proceed in the same
11 direction through the intersection or make a right-hand turn. When a red
12 traffic control signal is illuminated, a person shall not proceed through the
13 intersection or turn right if an oncoming vehicle is turning or preparing
14 to turn left in front of the person.
15 (d) A person riding a bicycle, or electrical assisted bicycle, OR
16 ELECTRIC SCOOTER approaching an intersection of a roadway with an
17 illuminated red traffic control signal may make a left-hand turn only if
18 turning onto a one-way street and only after stopping and yielding to other
19 traffic and pedestrians. However, a person shall not turn left if a vehicle
20 is traveling in the same direction as the person and the vehicle is turning
21 or preparing to turn left. If the person is not turning left onto a one-way
22 street, the person shall not make a left-hand turn at an intersection while
23 a red traffic control signal is illuminated.
24 SECTION 14. In Colorado Revised Statutes, 42-6-102, amend
25 (10)(a) as follows:
26 42-6-102. Definitions. As used in this part 1, unless the context
27 otherwise requires:
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UNEDITED
UNREVISED
DRAFT
1 (10) "Motor vehicle" means any self-propelled vehicle that is 1.30.19
2 designed primarily for travel on the public highways and is generally and
3 commonly used to transport persons and property over the public
4 highways, including trailers, semitrailers, and trailer coaches, without
5 motive power. "Motor vehicle" does not include the following:
6 (a) A low-power scooter OR AN ELECTRIC SCOOTER, as BOTH
7 TERMS ARE defined in section 42-1-102;
8 SECTION 15. In Colorado Revised Statutes, 42-7-103, amend
9 introductory portion and (8) as follows:
10 42-7-103. Definitions. As used in this article ARTICLE 7, unless
11 the context otherwise requires:
12 (8) (a) "Motor vehicle" means every A vehicle which THAT is
13 self-propelled, including trailers and semitrailers designed for use with
14 such vehicles and every vehicle which THAT is propelled by electric
15 power obtained from overhead trolley wires but not operated upon rails.
16 (b) "MOTOR VEHICLE" DOES NOT INCLUDE AN ELECTRIC SCOOTER,
17 AS DEFINED IN SECTION 42-1-102.
18 SECTION 16. In Colorado Revised Statutes, 18-3.5-109, amend
19 (1) as follows:
20 18-3.5-109. Careless driving resulting in unlawful termination
21 of pregnancy - penalty. (1) A person who drives a motor vehicle,
22 bicycle, electrical assisted bicycle, ELECTRIC SCOOTER, or low-power
23 scooter in a careless and imprudent manner, without due regard for the
24 width, grade, curves, corners, traffic, and use of the streets and highways
25 and all other attendant circumstances and causes the unlawful termination
26 of a pregnancy of a woman is guilty of careless driving, resulting in
27 unlawful termination of pregnancy. A person convicted of careless
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UNEDITED
UNREVISED
DRAFT
1 driving of a bicycle, or electrical assisted bicycle, OR ELECTRIC SCOOTER 1.30.19
2 resulting in the unlawful termination of pregnancy shall IS not be subject
3 to the provisions of section 42-2-127. C.R.S.
4 SECTION 17. Applicability. This act applies to conduct
5 occurring on or after the effective date of this act.
6 SECTION 18. Safety clause. The general assembly hereby finds,
7 determines, and declares that this act is necessary for the immediate
8 preservation of the public peace, health, and safety.
-16- DRAFT
February 19, 2019
Regulating Shared Electric Scooters and Other Shared and/or Portable Mobility Devices
City Council Meeting
ATTACHMENT 3
Council Action Requested
Approval of the following code changes
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
Background
The proposed code changes are part of a set of
strategies to regulate e-scooters and other
shared and/or portable mobility devices,
including:
• Defining parking regulations (City code update)
• Downtown Dismount Zone definitions (Traffic code
update)
• A Request for Proposals to contract with and
manage vendors
• Use of existing encroachment permits
3
Image Source: Columbia University, photo by Sarah Petersen
4
Image source: GettyImages, photo by Justin Sullivan
Issues addressed by proposed code changes:
• Conflicts with Pedestrians
• Parking issues, obstructing sidewalks
• Safety concerns (crashes)
• Where to operate
Background
City Code Update: Parking of Shared Mobility Devices
Purpose: To regulate where shared mobility devices can
and cannot park, provisions include:
• Park in furniture zone, upright beside bicycle parking, in designated
area
• No parking on blocks w/o sidewalks or in on-street parking spaces
• No parking if:
o Block ped zone, fire hydrant, bus bench
o Impede use of window/sign display or access to/from building
o Impede the use of bicycle rack or news rack
• No parking in furniture zone adjacent to or within:
transit/loading/disabled parking zone, street furniture, curb ramps,
entryways, driveways
5
Image source: Curbed, photo by Rick Cole
Traffic Code Update: Downtown Dismount Zone
6
Purpose: To include e-scooters and other
shared and/or portable mobility devices as
an additional prohibited use in the Downtown
Dismount Zone
Outreach
Board/Committee/Group Outreach
• Bicycle Advisory Committee
• Commission on Disability
• Downtown Development Authority
• Downtown Business Association
• Transportation Board
• Natural Resources Advisory Board
• Air Quality Board (upcoming on March
18, 2019)
7
Media and Public Outreach
• Press Release (Feb. 15)
• Web page posting (Feb. 15)
• Social media posting (Feb. 15)
Transportation Board Recommendation
Transportation Board supported staff
recommendation regarding Council
approval of the proposed City Code and
Traffic Code changes (January 16, 2019).
8
Next Steps
Administer RFP
and select
vendor
Vendor
obtains
encroachment
permit
Launch e-
scooter
program
9
Bring IGA &
anticipated
revenue &
expenses to
Council for
approval
March/
April to
June/July
March
or April
March
or April
Update
Code in
response to
State Code
change
Early
summer
Early
summer
Begin public
education
campaign &
coordinate
with
businesses
Early
summer
Council Action Requested
Approval of the following code changes
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
10
-1-
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.
-2-
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;
-3-
(2) Loading zones;
(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
-1-
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,
-2-
including but not limited to the rights and duties granted and required by Section
802.
(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, or 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, or 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
-3-
Passed and adopted on final reading on the 5th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
• If not regulated and managed well,
could create a Medium/High
negative impact on all users on
sidewalks, in bike lanes, and on
road.
Tradeoffs
• E-scooters improve mobility and accessibility but are accessed through apps and require a credit card for membership.
• E-scooters can help solve first/last mile challenge for transit but may replace shorter transit trips as well as bicycle trips.
• E-scooters can add vitality and enjoyment but can also create user conflicts.
Mitigations
• Workforce screening and training opportunities to ensure a professional charging staff and safe charging practices.
• Best practice policies and practices to successfully manage use, parking, coordination with other modes.
• Equitable pricing structures and outreach to traditionally underserved communities.
Key Alignment:
This initiative aligns with environmental sustainability and multi-modal transportation planning goals in the 2015 Climate
Action Plan: Framework, Pedestrian Plan, Bicycle Master Plan, and the City Plan and Transportation Master Plan.
ATTACHMENT 1