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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/16/2019 - ITEMS RELATING TO ELECTRICAL ASSISTED BICYCLESAgenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY April 16, 2019 City Council STAFF Tessa Greegor, FCBikes Program Manager Paul Sizemore, FC Moves Senior Manager Chris Van Hall, Legal SUBJECT Items Relating to Electrical Assisted Bicycles. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 045, 2019, Enacting a Temporary Exemption from Certain Restrictions in Chapter 23 of the Code of the City of Fort Collins to Allow Electrical Assisted Bicycles on Paved Trails in City Natural Area and Recreation Areas. B. Second Reading of Ordinance No. 041, 2019, Amending Section 2106(2)(d) of the Fort Collins Traffic Code Relating to Electrical Assisted Bicycles. Ordinance No. 045, 2019, adopted on First Reading on March 19, 2019 by a vote of 6-1 (Nays: Cunniff) implements a one-year pilot period to allow Class 1 and Class 2 electrical assisted bicycles (e-bikes) on City paved trails. Ordinance No. 041, 2019, unanimously adopted on First Reading, updates the City Traffic Code to remove the outdated term “motorized bicycle”. In response to the growing popularity of e-bikes across the country, and the benefits e-bikes can provide to individuals and communities in terms of health, mobility, and environmental sustainability, staff recommends adoption of Ordinances allowing the use of Class 1 and Class 2 e-bikes on paved trails through a one-year pilot program. E-bikes are allowed on paved trails in most Colorado communities, including neighboring jurisdictions of Larimer County, Boulder County, Loveland, Longmont and Boulder. Eight Fort Collins City boards and commissions have voted in favor of a pilot program to allow e-bikes on paved trails in Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 19, 2019 (w/o attachments) (PDF) 2. Ordinance No. 045, 2019 (PDF) 3. Ordinance No. 041, 2019 (PDF) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY March 19, 2019 City Council STAFF Tessa Greegor, FCBikes Program Manager Paul Sizemore, FC Moves Senior Manager Chris Van Hall, Legal SUBJECT Items Relating to Electrical Assisted Bicycles. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 045, 2019, Enacting a Temporary Exemption from Certain Restrictions in Chapter 23 of the Code of the City of Fort Collins to Allow Electrical Assisted Bicycles on Paved Trails in City Natural Area and Recreation Areas. B. First Reading of Ordinance No. 041, 2019, Amending Section 2106(2)(d) of the Fort Collins Traffic Code Relating to Electrical Assisted Bicycles. The purpose of this item is to present two Ordinances for Council consideration to implement a one-year pilot period to allow Class 1 and Class 2 electrical assisted bicycles (“e-bikes”) on City paved trails. In response to the growing popularity of e-bikes across the country, and the benefits e-bikes can provide to individuals and communities in terms of health, mobility, and environmental sustainability, staff recommends adoption of Ordinances allowing the use of Class 1 and Class 2 e-bikes on paved trails through a one-year pilot program. E-bikes are allowed on paved trails in most Colorado communities, including neighboring jurisdictions of Larimer County, Boulder County, Loveland, Longmont and Boulder. Eight Fort Collins City boards and commissions have voted in favor of a pilot program to allow e-bikes on paved trails in Fort Collins. In addition to the two Ordinances relating to the e-bike pilot program, an Ordinance is presented to update the City Traffic Code to remove the outdated term “motorized bicycle”. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION In 2010-2011, City Council engaged in discussions around e-bikes that led to the adoption of the current regulations in Fort Collins, which allow use of e-bikes in City recreation areas, including on trails, only by those with temporary or permanent disabilities. During this time, Council also considered implementation of a trial period to allow e-bikes on paved trails and ultimately voted against its implementation. In August 2017, Colorado passed House Bill 17-1151 concerning the regulation of e-bikes; this law establishes three classes of e-bikes, defines e-bikes as bicycles, and allows the operation of Class 1 and Class 2 e-bikes on bike or pedestrian paths unless local governments prohibit such use. With the adoption of HB 17-1151, most Colorado jurisdictions now allow operation of e-bikes on paved trails. Following adoption of this new state law, the City’s Bicycle Advisory Committee (BAC) researched the topic of allowing e-bikes on Fort Collins’ paved trail system. In April 2018, the BAC submitted a recommendation to the ATTACHMENT 1 Agenda Item 17 Item # 17 Page 2 Transportation Board in support of a pilot program to allow and evaluate the use of Class 1 and Class 2 e-bikes on Fort Collins paved trails. Following this recommendation, the Transportation Board requested staff develop a framework for an e-bike pilot program for their consideration. Staff from FC Moves, Natural Areas, Parks, and Park Planning & Development developed a proposed framework for this pilot program, which was subsequently presented to nine City Boards, Commissions and Committees for their consideration and action; eight voted in favor of a pilot program to allow e-bikes on paved trails for one year. On February 12, 2019 staff presented the proposed pilot program to City Council during a work session. Several councilmembers indicated support for the pilot program proposal and interest in considering an ordinance to facilitate its implementation. Existing E-bike Codes and Regulations Consistent with Colorado Traffic Code, City Traffic Code defines e-bikes as a bicycle with two or three wheels, fully operable pedals, and an electric motor that does not exceed 750 watts. City and Colorado Traffic Code require e-bikes to conform to one of three classifications outlined in Table 1 and to be labeled accordingly. E- bikes and e-bike riders are exempt from motor vehicle registration and license requirements. Under Colorado law, Class 1 and Class 2 e-bikes are allowed on the same bicycle and pedestrian paths as conventional bikes, unless regulated or restricted by local jurisdictions. Fort Collins City Code currently prohibits the use of e-bikes while the motor is engaged on a bike or pedestrian path or on a recreational trail unless the user has a temporary or permanent mobility disability. Table 1: Classification of E-bikes (Colorado and Fort Collins Regulations) Electrical Assisted Bicycle Definition A bicycle with two or three wheels, fully operable pedals, and an electric motor that does not exceed 750 watts. Class 1 An electrical assisted bicycle that is equipped with an electric motor that provides assistance while the rider is pedaling up to 20 miles per hour. Class 2 An electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour. Class 3 An electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour. Class 3 e-bikes include age restrictions and require the use of helmets for people under the age of 18. Proposed Code Updates Overview:  Staff proposes a one-year trial period allowing Class 1 and Class 2 e-bikes on paved trails to begin on May 1, 2019. Prior to May 1, 2019, staff will conduct preliminary data collection and outreach to provide baseline information. During the one-year pilot program, staff will collect public input and data on the use of Class 1 and Class 2 e-bikes on paved trails.  Following the one-year trial period, City Council will review public input, as well as any collected data to understand impacts to trail user experience and safety, changes to bicycle utilization on trails and other relevant findings to determine whether e-bikes should continue to be allowed on paved Natural Area and Recreation Trails, or to otherwise impose additional rules and regulations to ensure safe and efficient use of the City’s trail systems. Agenda Item 17 Item # 17 Page 3 Ordinance No. 045, 2019 An ordinance has been provided for Council consideration that does not change the City Code but rather enacts a temporary exemption from the e-bike prohibition that is currently in the code to implement the proposed pilot program.  Enacts a one-year exemption from certain restrictions in Chapter 23 of the City Code relating to the use of e-bikes on trails to allow the use of Class 1 and Class 2 e-bikes on paved designated trails in Natural Areas and Recreation Areas.  Effective May 1, 2019 through the end of April 30, 2020. In addition to the above ordinance related to the e-bike pilot program, Staff proposes the following changes to Traffic Code/Section 2106 - Sidewalks and trails.  Updating Section 2106 (2)(d) to replace the term “motorized bicycle” with “low-power scooter”, which is consistent with current state law and city code terminology for such vehicles.  Restricting “low-power scooters” from riding upon or along a sidewalk or crosswalk unless the operator has dismounted. This change removes the outdated term “motorized bicycle” that is no longer used in Traffic Code and State Law and replaces it with the current term “low-power scooter” that is currently used by Traffic Code and State Law. This change is meant to avoid confusion between the outdated term “motorized bicycle” and the newer reference to the term “electrical assisted bicycle.” E-Bike Pilot Program Framework Overview Staff recommends City Council implement a one-year pilot program to allow and evaluate Class 1 and Class 2 e-bikes on paved trails to:  Assess public opinion and perceptions around allowing e-bikes on paved trails.  Collect data to understand impacts to trail user experience and safety.  Measure changes to bicycle utilization on trails.  Increase awareness of proper trail etiquette and trail use laws.  Collect comprehensive data to be able to report back in areas of concern. In partnership with City Departments, regional partners, and community stakeholders, staff is proposing to conduct education and outreach, and collect feedback and data to provide a comprehensive picture of the impacts and perceptions around e-bikes on paved trails both during the pilot program and prior to its implementation. Attachment 1 further outlines the type of information that will be collected prior to and following implementation of the pilot program, which can serve as the basis for determining next steps following the one- year trial. Prior to the expiration of the pilot period, staff will provide Boards, Commissions and ultimately Council with the information gathered during the pilot period. Council can then determine if the pilot program should be extended, made permanent, modified, or be allowed to expire. Pilot Program Evaluation and Data Collection Data will be collected to assess safety, trail experience impacts, perspectives on allowing e-bikes on paved trails, and overall trail use. The following data will be collected prior to the implementation of the pilot and during the pilot in order to provide baseline information and help decision makers in determining the impacts of the pilot and next steps following its completion: Agenda Item 17 Item # 17 Page 4  Bicycle speed assessments  Trail counts (e-bike use) and e-bike retail sales  Crash / incident reports (involving e-bikes)  Trail surveys  Observation study (user behavior / etiquette) In addition, the following data will be collected during or throughout the pilot program:  Trail Ranger observations  Noise assessment  Online survey  Retail sales  Intercept trail surveys  General comments and surveys Education and Outreach Extensive education and outreach will be conducted in coordination with the City’s FC Moves, Natural Areas, Parks, Park Planning & Development, and Police Services Departments. In addition, staff will collaborate with regional partners (including Larimer County and Boulder County), local bike shops, local bicycle organizations, and CSU to assist with the education and outreach campaign and ensure consistent messaging. The following education and outreach strategies will be utilized:  Educational brochures and handouts distributed through retailers and at events  E-bike specific signage on trails  Trail etiquette signage on trails, 15 mph courtesy speed limit signage  Press releases  FCTV video  Website information  Social media and email communications  Trail pop-up education and outreach events  E-bike demo days Enforcement and Trail Speeds Staff recommends that the pilot program emphasize the following enforcement strategies:  Signage at key locations indicating where and what types of e-bikes are allowed  Extensive user education and outreach with an emphasis on trail etiquette, courtesy speed limit of 15 mph, and other trail laws  Data collection including speed snapshots to determine if and where speeding problems exist  Warnings or citations issued by Rangers when feasible  During the pilot program, observational data will be collected by Rangers, other City staff and volunteers, and the public will have opportunities to report conflicts and provide input. If it is determined the presence of e-bikes on paved trails is contributing to user conflicts or unsafe behaviors, staff will partner with Police Services to conduct targeted enforcement at key locations. Ultimately, the data and feedback collected through the pilot program will help inform if policies and/or regulations should be modified. Agenda Item 17 Item # 17 Page 5 CITY FINANCIAL IMPACTS The implementation of this pilot program is expected to cost between $5,000 and $10,000, not including staff time. The implementation of the education and data collection will be supported through volunteers and partnerships with other organizations and stakeholders. Additional resources may be necessary if other elements are added to the pilot program scope beyond what is currently proposed, such as increased enforcement. The cost of this pilot program will be covered through existing program budgets. BOARD / COMMISSION RECOMMENDATION Staff presented the pilot program proposal to the following nine City boards, commissions and committee; eight voted in favor of a pilot program to allow e-bikes on paved trails.  Bicycle Advisory Committee (unanimous in support), April 2018  Transportation Board (support 7-1), August 2018  Commission on Disability (initial staff presentation - September 2018), (did not support), February 2019  Natural Resources Advisory Board (unanimous in support), October 2018  Land Conservation & Stewardship Board (6-1, in support of a modified version of the proposed pilot program, recommending Class 1 e-bikes only and including specific criteria for the evaluation), October 2018  Senior Advisory Board (unanimous in support), November 2018  Parks and Recreation Board (unanimous in support), December 2018  Air Quality Advisory Board (unanimous in support), January 2019  Youth Advisory Board (unanimous in support), February 2019 PUBLIC OUTREACH In addition to the boards and commissions outreach completed as part of this process, a survey was conducted at the City’s June 3, 2018 Open Streets event to provide a snapshot of public opinions. Of the 98 responses to this survey, 70% indicated support for the proposed pilot program. In addition, staff has received feedback from local bicycle organizations regarding their perspectives on the pilot program. Bike Fort Collins, Fort Collins Cycling Club, PeopleforBikes, and Bicycle Colorado have issued comments in favor of the proposed pilot program. The pilot program is designed to serve as the opportunity for extensive public input. Through the strategies identified above, staff will seek feedback from trail users and the general public regarding their position on allowing e-bikes on paved trails. This feedback will be presented to City Council to assist with determining if the City should permanently allow e-bikes on its paved trails. ATTACHMENTS 1. E Bike Pilot Program Framework (PDF) 2. Bicycle Advisory Commitee Recommendation Memo (PDF) 3. Transportation Board Minutes and Recommendation, August 15, 2018 (PDF) 4. Senior Advisory Board Minutes and Recommendation, November 14, 2018 (PDF) 5. Natural Resources Advisory Board Recommendation and minutes (PDF) 6. Land Conservation & Stewardship Board - Recommendation and minutes (PDF) 7. Parks and Recreation Board Minutes and Recommendation (PDF) 8. Air Quality Advisory Board Draft Minutes and Recommendation (PDF) 9. Commission on Disability Memo (PDF) 10. Youth Advisory Board Draft Minutes and Recommendation (PDF) 11. Work Session Summary, February 12, 2019 (PDF) 12. Triple Bottom Line (PDF) 13. Powerpoint presentation (PDF) -1- ORDINANCE NO. 045, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS ENACTING A TEMPORARY EXEMPTION FROM CERTAIN RESTRICTIONS IN CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS TO ALLOW ELECTRICAL ASSISTED BICYCLES ON PAVED TRAILS IN CITY NATURAL AREA AND RECREATION AREAS WHEREAS, the City currently prohibits electrical assisted bicycles, as that term is defined in the Fort Collins Traffic Code, from operating on Natural Areas and Recreation trails within the City; and WHEREAS, pursuant to extensive staff outreach, there is public interest in allowing the use of electrical assisted bicycles on Natural Areas and Recreation trails; and WHEREAS, the City needs to balance the use of electrical assisted bicycles on Natural Areas and Recreation trails with current use of such trails by bicycles and pedestrians, as well as maintain the City’s interest in conservation and stewardship of its natural areas and recreation spaces; and WHEREAS, in order to balance these interests, City Council desires to implement a one- year pilot period to allow Class 1 and Class 2 electrical assisted bicycles on paved Natural Area and Recreation trails within the City to collect public input and data on such use; and WHEREAS, after the one-year period, City Council will review public input, as well as any collected data to understand impacts to trail user experience and safety, changes to bicycle utilization on trails and other relevant findings to determine whether electrical assisted bicycles should continue to be allowed on paved Natural Area and Recreation trails, or to otherwise impose additional rules and regulations to ensure safe and efficient use of the City’s trail systems. 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 for the purposes of this Ordinance, the term “electrical assisted bicycle” shall be defined as follows: Electrical assisted bicycle. A vehicle having two (2) or three (3) wheels fully operable pedals, and an electric motor not exceeding seven hundred fifty (750) watts of power. Electrical assisted bicycles are further required to conform to one (1) of three (3) classes as follows: "Class 1 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. -2- "Class 2 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. "Class 3 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour. The term "electrical assisted bicycles" shall include class 1, 2 and 3, unless otherwise specified. Section 3. That from the effective date of this Ordinance through the end of April 2020, as a temporary exception to the limitation on the use of electrical assisted bicycles in City Code Section 23-193(d)(18), Class 1 and Class 2 electrical assisted bicycles hereby are allowed on paved designated trails only in a natural area. Class 3 electrical assisted bicycles are not allowed on any trail in any natural area. Section 4. That from the effective date of this Ordinance through the end of April 2020, as a temporary exception to the limitation on the use of electrical assisted bicycles in City Code Section 23-203(a)(1), Class 1 and Class 2 electrical assisted bicycles hereby are allowed on paved designated trails only in a recreation area. Class 3 electrical assisted bicycles are not allowed on any trail in any recreation area Section 5. This Ordinance will go into effect on May 1, 2019, and the temporary exception authorized hereunder shall end at the end of April 30, 2020. Introduced, considered favorably on first reading, and ordered published this 19th day of March, A.D. 2019, and to be presented for final passage on the 16th day of April, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk -3- Passed and adopted on final reading on the 16th day of April, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 041, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2106(2)(d) OF THE FORT COLLINS TRAFFIC CODE RELATING TO ELECTRICAL ASSISTED BICYCLES WHEREAS, at the time of the adoption of the Traffic Code, it was the understanding of staff and the City Council that the Traffic Code would most likely be subject to future amendments, not only for the purposes of clarification and correction of errors, but also to ensure that the Traffic Code remains consistent with State law; and WHEREAS, it is the City Council’s desire to amend the Fort Collins Traffic Code to clarify a provision that uses the term “motorized bicycles,” which term should read “low-power scooter” to be consistent with the City Code and State law; and WHEREAS, the City Council has determined that the Traffic Code amendments which have been proposed are in the best interest of the City and are necessary for the health, safety and welfare of its citizens. 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 2106(2)(d) of the Fort Collins Traffic Code is hereby amended to read as follows: 2106. - Sidewalks and trails. . . . (d) Low-power scooters are restricted at all times from riding upon and along a sidewalk, or across a highway or street upon or along a crosswalk, except when the low-power scooter operator has dismounted the low-power scooter and is walking the low-power scooter under human power. . . . Section 3. This Ordinance will go into effect on May 1, 2019. -2- Introduced, considered favorably on first reading, and ordered published this 19th day of March, A.D. 2019, and to be presented for final passage on the 16th day of April, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of April, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk