HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/13/2018 - REGULATING SHARED ELECTRIC SCOOTERSDATE:
STAFF:
November 13, 2018
Amanda Mansfield, Transportation Planner
Paul Sizemore, FC Moves Senior Manager
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Regulating Shared Electric Scooters.
EXECUTIVE SUMMARY
The purpose of this work session is for Council to provide staff direction on proposed policies and practices for
successful shared electric scooter (e-scooter) management. Shared e-scooters are a rapidly emerging mobility
service. Experience from other cities has shown the need to regulate the operations of these services. Currently
no e-scooter companies operate in Fort Collins, however companies have been inquiring with the intention of
coming to Fort Collins. To be prepared, the City is investigating the following:
• Updating the Downtown Dismount Zone to exclude e-scooters.
• Existing City policy or City Code regulations that are applicable to e-scooters.
• Whether any changes are needed to existing City policy or City Code regulations related to e-scooters.
• The right operational model for Fort Collins regarding e-scooters.
• How to best address public safety concerns through enforcement of existing City Code regulations related to
encroachment and accessory use violations.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Short-term Action:
1. Does Council support amending dismount zone signage to communicate that e-scooters cannot be ridden in
the downtown dismount zones?
Mid-term Actions:
2. Does Council support including e-scooters into the City’s existing Outdoor Vendor Permit and Encroachment
Permit programs to allow e-scooter operators to utilize City right of way? If so, what operational model does
Council prefer?
3. Does Council support establishing rules for e-scooter parking?
4. Does Council support creating a City e-scooter information web-page with guidance for e-scooter companies
and information for citizens and e-scooter users about how current City Code and policies apply to e-
scooters?
Long-term Action:
5. Does Council support adding this topic to the City’s Legislative Policy Agenda to support local control of e-
scooters, so the City would have more ability to regulate where and how e-scooters operate within the City?
BACKGROUND / DISCUSSION
Recommendations
• Updating the downtown sidewalk dismount zone to exclude standing e-scooters (this would in effect not allow
standing e-scooters to operate Downtown, as standing e-scooters are also not allowed by code to operate in
the roadway).
November 13, 2018 Page 2
• Developing a permit/registration system within the existing Outdoor Vendor Permit and Encroachment Permit
programs, with rules for safety education and vendor responsibilities.
• Establishing rules for e-scooter parking to be within close vicinity to bike racks and avoid blocking pedestrian
pathways.
• Supporting efforts at the state level to create legislation around e-scooters that provides for more local control
of e-scooters.
• Creating a City e-scooter information web-page with guidance for e-scooter companies and information for
citizens and e-scooter users.
Background
As e-scooters spread rapidly across the country, the City of Fort Collins must be thoughtful in regulating these
new 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 to prevent unapproved and unregulated launches.
Current Technology Status
There are two types of e-scooters for the City to consider: standing scooters and low-power or seated scooters
(see representative images in attached PowerPoint-Attachment 2). E-scooters are accessed through
smartphone apps, allowing the user to see a map of nearby available scooters, from which they select one, scan
a code on the scooter, tap “unlock” in the app, and start the ride, parking the scooters out of the public right-of-
way at their destination. For all e-scooter companies, riders must be at least 18 years of age, have a driver’s
license, wear a helmet as required by law, park in a legal parking spot, and ride only in “metropolitan areas”.
Speed limits are set by each company and range from 15mph to 30 mph. Currently the most prolific type of
systems are the standing e-scooters.
Existing City of Fort Collins Codes and Regulations
City Code considers standing e-scooters by definition “toy vehicles”, which are allowed on sidewalks and in
crosswalks with the same rights and duties as pedestrians. Standing e-scooters (“toy vehicles”) are not allowed
on roadways under current code. Further, City Code states that such vehicles shall yield the right-of-way to any
pedestrian and shall give an audible signal or verbal warning before overtaking and passing such pedestrian.
City Code states low-power seated scooters shall ride as close to the right side of the roadway as practicable,
exercising due care when passing a standing vehicle or one proceeding in the same direction. Low-power
scooters are prohibited from riding upon and along a sidewalk, or across a highway or street upon or along a
cross-walk, except when the low-power scooter operator has dismounted the low-power scooter and is walking
the low-power scooter under human power. See the table below for a breakdown of the vehicle-type
characteristics and existing code and regulations related to standing and low-power or seated scooters:
Existing City of Fort Collins Codes and Regulations
Standing E-Scooter (“Toy
Vehicle”)
Seated “Low-Power” Scooter
Characteristics Less Power; smaller wheels;
Treated like a pedestrian or like
skateboards
More Power, larger wheels; largely
treated like a motor vehicle
Where Driven Sidewalks only; not allowed in
roadway
Roadway only; Not allowed on
sidewalks
Special Restrictions Must yield ROW to pedestrians;
Must give audible warnings when
passing
Must ride close to right side of
roadway
State traffic code defines where these two vehicle types can operate. If the City determines vehicles should
operate in a different manner, it may be necessary to work with state legislators to provide cities with flexibility in
November 13, 2018 Page 3
making this determination. The City can generally regulate activities in its right-of-way if the regulations further
public health, safety and welfare.
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
without a permit this code allows the City to remove the e-scooters and/or stations.
The City’s current Outdoor Vendor Licensing program includes a specific option for “Outdoor vendor of
transportation services”. Likely any e-scooter vender wishing to operate in Fort Collins would be required to
obtain one of these licenses. The existing rules and requirements of the outdoor license would apply, however
specifics pertaining to e-scooters may need to be added. Specifics pertaining to the City’s Encroachment Permit
process may also need to be adjusted for e-scooter stations or parking.
Operational Models
The City will need to select an operational model to regulate shared e-scooter vendors, the following are potential
approaches:
City Partnership Approach
• The City administers a Request for Proposals (RFP) to select one or more vendors. This would include a
Shared Mobility Agreement and Operational Plan (much like the City’s existing bikeshare system). The plan
could include a description of the systems scale, phasing, funding, and implementation with specific
performance and operational expectations.
• This approach requires dedicated City staff to oversee the contract(s).
• Alternatively, the City could investigate entering into a single-source agreement or contract extension with the
City’s existing bikeshare provider (PACE). PACE has indicated a desire to enter the shared e-scooter market.
Permitting Approach
• The City uses existing permitting programs (outdoor vendor and encroachment) to manage shared e-scooter
vendors. This could include a Shared Mobility Agreement (a reiteration of City code requirements) that must
be signed by companies before receiving a permit.
• Updates to the licensing rules and regulations are likely needed to add specifics for e-scooters.
• This may require additional training and staff time for City departments overseeing these permits.
Other Operational Needs
• Regardless of the operation model the City selects there are basic issues that need to be clarified for e-
scooter operators and users including; where e-scooters can operate (sidewalks or not), parking rules, and
updating the Downtown Dismount Zone to include e-scooters.
Due to the rapidly evolving nature of the shared e-scooter market, there is a need to move quickly in terms of
rules and regulations. An RFP approach is likely to take a significant amount of time; therefore, staff is
recommending utilizing the existing Outdoor Vendor and Encroachment permitting programs, and existing right-
of-way regulations to manage e-scooter vendors. Specific steps recommended include:
• Updating the downtown sidewalk dismount zone to exclude standing e-scooters (this would in effect not allow
standing e-scooters to operate Downtown, as standing e-scooters are also not allowed by code to operate in
the roadway).
• Developing a permit/registration system within the existing Outdoor Vendor Permit and Encroachment Permit
programs, with rules for safety education and vendor responsibilities.
• Establishing rules for e-scooter parking to be within close vicinity to bike racks and avoid blocking pedestrian
pathways.
• Supporting efforts at the state level to create legislation around e-scooters that provides for more local control
of e-scooters.
November 13, 2018 Page 4
• Creating a City e-scooter information web-page with guidance for e-scooter companies and information for
citizens and e-scooter users.
ATTACHMENTS
1. Triple Bottom Line (PDF)
2. Powerpoint presentation (PDF)
Regulating Shared Electric Scooters
Shared e-scooters are spreading rapidly across the country, the City of Fort Collins must be 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 devleop policies and practices for successful shared electric scooter management.
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
• If not regulated and managed well,
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.
November 13, 2018
Regulating Shared Electric Scooters
City Council Work Session
ATTACHMENT 2
Direction Sought
Short-term Action
• Amending Downtown Dismount Zone signage to exclude e-scooters
Mid-term Action
• Including e-scooters into the City’s existing permitting programs and selecting a
preferred operational model
• Establishing rules for e-scooter parking
• Creating a City e-scooter information web-page
Long-term Action
• Working with the State on legislation that allows more local control of e-scooters
2
Does Council support the following actions?
What are Shared Electric Scooters?
3
• Emerging technology and shared mobility
service
• First system launched in the U.S. was in
2017, includes companies such as:
• Systems are similar to bike share with fleets
deployed strategically providing one-way
trips
Image source: Gannett, 2018
B I R D
“Low-power scooters” (seated e-scooters)
4
“Toy vehicles” (standing e-scooters)
What are Shared Electric Scooters?
Two Types
How Do They Work?
5
• Access/payment is via an App or by text to unlock
a device
• User must be 18+ and have drivers license
o (required by e-scooter companies)
• Helmet required
o (required by e-scooter companies)
• Speeds are typically capped between 15-30 MPH
15-30
How Do They Work?
6
• Typically ridden in bike lane or as far to the right of
road
o (depends on local/state laws)
• Should be parked in areas not obstructing
pedestrians and not on City right-of-way (unless
permitted)
• Typically they are not locked
Issues with E-Scooters
7
Image source: GettyImages, 2018
• Conflicts with Pedestrians
• Parking issues, obstructing sidewalks
• Safety concerns (crashes)
• Where to operate (sidewalk or not?)
• Management of the fleet
o Charging
o Daily Staging
o Maintenance
Existing Definitions & Regulations
Municipal Code and Traffic Code
“Low-power scooters” (seated e-scooters)
• prohibited from riding on sidewalk or cross-walk
• shall ride as close to the right side of the roadway
as practicable
• Only on streets with speed limits of 35 MPH or less
• Require proof of insurance
8
“Toy vehicles” (standing e-scooters)
• allowed on sidewalks and in crosswalks
• not allowed on roadways
• not allowed if prohibited by signs or markings
Existing Definitions & Regulations
Permitting and Right-of-Way
9
Outdoor Vendor Licensing
ü “Outdoor vendor of transportation services”
ARTICLE XIV. - OUTDOOR VENDORS
Sec. 15-381. - Definitions.
Outdoor vendor of transportation services shall mean an outdoor
vendor (not regulated by the Colorado Public Utilities Commission)
who offers transportation services to the public. Outdoor vendor of
transportation services shall include, but not be limited to, vendors of
valet parking services; transportation services by pedal power such as
pedi-cab or conference bicycle services; horse-drawn carriage rides;
or other means of transportation service offered for hire.
Existing Definitions & Regulations
Permitting and Right-of-Way
10
Dismount Zones
ü Downtown Dismount Zone
Obstructing Rights-of-Way
ü City Code 23-46: makes it unlawful to
encroach or obstruct City right-of-way
Encroachment Permits
ü City Code 23-81: requirement for placing
anything within City-owned property
Regulation & Operation Options
11
Permitting Approach
• Utilize Outdoor Vendor Permits
• Update permit and rules language
specific to e-scooters
• Enforced through permits and
existing regulations
• May need to limit number allowed
City Partnership Approach
• Vendor(s) selected via Request for
Proposal
• Enforced through contract with
vendor(s)
• Similar to Bike Share program
To be determined regardless of regulation approach:
1.Parking Rules 2.Where should they operate (sidewalks or not) 3.Dismount Zones
Recommendation
12
1) Update downtown dismount zone to include e-scooters (immediate
action)
2) Develop a permit/registration system within the existing Outdoor
Vendor Permit program, with rules for safety education and vendor
responsibilities
3) Establishing rules for e-scooter parking to be within close vicinity to
bike racks, and avoid blocking pedestrian pathways
4) Support efforts at a state level to create legislation around e-scooters
5) Create City e-scooter information web-page with guidance for e-
scooter companies and information for citizens and e-scooter users.
Direction Sought
Short-term Action
• Amending Downtown Dismount Zone signage to exclude e-scooters
Mid-term Action
• Including e-scooters into the City’s existing permitting programs and selecting a
preferred operational model
• Establishing rules for e-scooter parking
• Creating a City e-scooter information web-page
Long-term Action
• Working with the State on legislation that allows more local control of e-scooters
13
Does Council support the following actions?
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