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Staff Report and Ordinance

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Staff Report and Ordinance Regional Transportation Planning Staff Report Date: February 23, 2017 To: Summit County Council From: Bob Radke, SBSRD Trails & Open Space Manager Caroline Rodriguez, Regional Transportation Planning Director Re: County Ordinance Regulating Electric Assisted Bicycles (EAB) Background A new style of bicycle is starting to populate the trails in and around Summit County. They are called “Electric Assisted Bicycles” (EAB) and they have the ability to be propelled by an electric motor at speeds around 20 mph. They also have pedals and can be powered solely by human power. Or, a combination of the two can be used. All of the trails managed by Basin Recreation are deemed non-motorized. The State of Utah classifies EABs as non-motorized even though some of them can be propelled solely by an electric motor. The Utah State Code does allow local jurisdictions to regulate the use of electric bicycles. During 2014, Park City Municipal Corporation (PCMC) enlisted the help of Fehr & Pehrs to conduct a study of the regulation of EAB in similar communities. PCMC staff informed Snyderville Basin Recreation (SBSRD) staff of their intention to look into this matter and move to make a recommendation to the city council to regulate the use of EAB on city operated trails. Together, staff from each entity collaborated to establish suggested parameters for such regulations. SBSRD staff gathered local, public input during the board meeting on July 16, 2014 and through a survey circulated through social media channels where there were 286 respondents. Board members evaluated the surveys and the study provided by PCMC. The results of the survey indicates a trend in our community’s opinion towards the use of EAB on the public trails: approximately 60% feel it is appropriate to use EAB on paved transportation trails while over 90% feel they should be prohibited from use on single-track trails. Based on this analysis, PCMC adopted a pilot program regulating the use of EAB on their trail system and ultimately City Ordinance 10-1.4.5, a copy of which is included as Attachment A. In September of 2014, the Snyderville Basin Special Recreation District Administrative Control Board passed a motion to propose to the Summit County Manager that an ordinance be recommended to the Council regulating e-bikes and their usage on multi-use pathways. A copy of that memorandum and supporting documentation, dated March 9, 2015, is attached to this staff report as Attachment B. Recommendations to the County Manager from that memorandum are as follows: February 23, 2017 Regional Transportation Planning Update Regional Transportation Planning • Allow EAB on paved trails eight feet wide and wider, only • Prohibit the use of EAB on all soft and natural surface trails (single track, gravel, etc.) • Prohibit the use of EAB on all public sidewalks • Initiate a speed limit of 14.5 mph for all users on all paved trails. Speed limits will be posted. • Max power output of EAB is 750 watts • Adopt Utah State Code definition of Electric Assisted Bicycles (EAB) • Persons with disabilities shall be allowed to use EAB on ALL trails • Install signs on trails indicating which trails EAB will be allowed and which trails they will be prohibited. Additional information will be posted on the SBSRD web site. Requested Action Approve the ordinance amending Summit County Code Title 7, Chapter 5, Snyderville Basin Parks and Recreation Facilities. The draft ordinance is included as Attachment C. February 23, 2017 Regional Transportation Planning Update Attachment A 10-1-4.5 Non-Motorized Trail Use A. DEFINITIONS. 1. “Multi-Use Pathway” means a way or path no less than eight (8’) feet in width that has a surface of concrete or asphalt and is separated from the roadway by an open space, a curb or other barrier. 2. “Natural Surface Trail” means a way or route with a surface other than concrete or asphalt, which serves the primary purpose of passive recreational use, such as hiking, mountain biking, snowshoeing, cross-country skiing and equestrian activities. 3. “Power Driven Mobility Device” means any mobility device powered by batteries, fuel, or other engines, that is used by individuals with mobility disabilities fro the purpose of locomotion, including electric personal assistive mobility devices, electric-assisted bicycles, electric-powered foot scooters, tracked mobility chairs or tricycles that are designed to transport a single individual with a disability. B. PROHIBITION. 1. It is unlawful to operate any motor vehicle, motor driven cycle, motorcycle, mini motorcycle, motor scooter, motor bikes, snowmobiles, full sized all-terrain vehicle, all-terrain vehicle, off highway vehicle, low speed vehicle, moped, electric assisted bicycle or golf cart on a natural surface trail with the following exceptions: a. This prohibition shall not apply to persons with mobility disabilities who choose to use a Power-Driven Mobility Device, which is designed to transport a single individual with a disability as a substitute for walking and or biking unless prohibited by a designated traffic control device. b. This prohibition shall not apply to motorized or self-propelled equipment, including electric assisted bicycles, used for maintenance or events as designated by the local highway authority. Emergency vehicles are also exempt from this provision. c. This prohibition shall not apply to Class I and Class II electric assisted bicycles on natural surface trails, greater than five (5) feet wide, which have been identified as an official transportation corridor by the local highway authority. Additionally, the allowance of electric assisted bicycles shall be designated as such by a traffic control device. 2. It is unlawful to operate any motor vehicle, motor driven cycle, motorcycle, mini motorcycle, motor scooter, motor bikes, snowmobiles, full sized all-terrain vehicle, all-terrain vehicle, off highway vehicle, low speed vehicle, moped, Class III electric assisted bicycle or golf cart on a multi-use pathway with the following exceptions: a. This prohibition shall not apply to persons with mobility disabilities who choose to use a Power-Driven Mobility Device, which is designed to transport a single individual with a disability as a substitute for walking and/or biking unless prohibited by a designated traffic control device. b. This prohibition shall not apply to motorized or self-propelled equipment, including electric assisted bicycles, used for maintenance or events as designated by the local highway authority. Emergency vehicles are also exempt from this provision. C. PENALTY. Any person violating the provisions of the Ordinance shall be guilty of a Class B misdemeanor. D. ENFORCEMENT. The Park City Police Department, upon notification shall have authority to investigate violations of this section and issue citations. Amended by Ord. 15-10 on 4/16/2015 Amended by Ord. 2016-29 on 6/30/2016 Attachment B MEMORANDUM To: Tom Fisher, County Manager, Summit County, Utah From: Snyderville Basin Special Recreation District Administrative Control Board Date: March 9, 2015 Subject: Recommendation that the Summit County Manager adopt an ordinance to regulate Electric Assisted Bicycles on public trails in the Snyderville Basin. Overview: A new style of bicycle is up and coming, is being marketed as the next big thing and are starting to populate the trails. They are called “Electric Assisted Bicycles” (EAB) and they have the ability to be propelled by an electric motor at speeds around 20 mph. They also have peddles and can be powered solely by human power. Or, a combination of the two can be used. And they here to stay. Park City Municipal (PCMC) enlisted the help of Fehr & Pehrs to conduct a study of the regulation of EAB in similar communities. PCMC staff informed Snyderville Basin Recreation (SBSRD) staff of their intention to look into this matter and move to make a recommendation to the city council to regulate the use of EAB on city operated trails. Together, staff from each entity collaborated to establish suggested parameters for such regulations. All of the trails managed by Basin Recreation are deemed non-motorized. The State of Utah classifies EABs as non-motorized even though some of them can be propelled solely by an electric motor. The Utah State Code does allow local jurisdictions to regulate the use of electric bicycles. During the June 11 and July 13, 2014 Snyderville Basin Special Recreation District’s (SBSRD) Administrative Control Board meeting, information was presented by staff regarding the proposed regulation of “electric assisted bicycles” (EAB) on Basin Recreation trails and a discussion followed. Items that were brought up in the discussions include: Steps PCMC is taking to regulate EAB on their trail system, which will include a pilot program that may lead to a city ordinance. A study performed by Fehr & Peers for PCMC that compiled policies and ordinances adopted in other communities around the western states, and the Utah State Code as it applies to EAB. Survey results collected through Survey Monkey through SBSRD media channels. Discussions with staff and the SBSRD board included travel speeds, functionality of the bicycles, usefulness of EAB as a viable mode of alternative transportation, enforcement of an ordinance, the difficulties of restricting established use patterns if we wait to take action, and having a policy that coincides with PCMC policy, At the February 11, 2015 SBSRD Administrative Control Board Meeting staff re-introduced the topic to the board since in the time that had lapsed since this subject was last discussed there has been more public debate and the BLM in Moab has since banned the use of EAB on the mountain bike trails in their area. This new information did not affect the position of the board members. Background Information: Summit County Code 7-5-4: RULES, REGULATIONS AND REQUIREMENTS: B. Motor Vehicle Restrictions: 1. It is unlawful to operate or drive any motor vehicle within any park or recreation area at a speed in excess of that speed posted on the particular road, trail or pathway within the park.
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