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Discussion on E-Scooters

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Discussion on E-Scooters CITY COMMISSION AGENDA MEMO June 11, 2019 FROM: Jared Wasinger, Assistant to the City Manager MEETING: July 16, 2019 SUBJECT: E-Scooters PRESENTER: Jared Wasinger, Assistant to the City Manager BACKGROUND Electronic Scooters (e-scooters) have become a popular alternative to transportation and mobility in cities throughout the United States and Kansas. E-scooters are typically battery powered, two tandem-wheeled with a lifted handle bar for standing use, balance and steering, and speed can range in upwards of 15-30 miles per hour, or faster. Private individuals have purchased e-scooters for transportation purposes, and cities and universities across the country have partnered with e-scooter companies such as Bird, Lime, VeoRide and Spin, in which they deploy fleets of their e-scooters for the public to rent and use. Much like similar bike-share programs, users can rent the use of an e-scooter through a smart device after downloading the mobile application of the applicable scooter company. Users are then charged set rates (likely per hour or per miles traveled) while in use. When the user’s trip is complete, they can park the scooter on the sidewalk or elsewhere depending on local regulations. A student of Kansas State University within the Master of Regional and Community Planning program conducted an in depth report in 2019 of e-scooter regulation practices which is attached to this memo. The report serves as a comprehensive guide to understanding the many safety, legal, operational, and financial considerations for cities when regulating e-scooters and partnerships with e-scooter companies. When the initial wave of e-scooter companies came about throughout the US in 2017 and 2018, the product was deployed in cities without notice or communication with local governments. In some cases, the deployment of e-scooter fleets happened overnight and were dropped in various locations throughout cities. As result, the use of e-scooters in some of these cities led to safety issues and collisions for both users and non-users, as well as congestion of sidewalks and rights-of-way where e-scooters were parked after use. The lack of communication between companies and cities also resulted in uneducated riders about where and how to use e-scooters. Since then, e-scooter companies have begun working with cities and entering into partnerships with local governments to deploy their systems in a more regulated and controlled way. Local governments have adopted regulations through ordinances and pilot agreements with companies governing if and how e-scooter companies can deploy their transportation alternative. These regulatory laws and agreements cover aspects such as liability and insurance, fleet size/expansion/placement/concentration, e-scooter equipment and maintenance, permitted and prohibited riding and parking locations, education, communication and data sharing, fees, fines, safety and revenue sharing. DISCUSSION Over the course of 2018 and 2019, as e-scooter companies approached the City of Manhattan and other local jurisdictions in Kansas, there were no existing laws at the state level regulating e-scooters. Therefore, there was little deployment of e-scooters in Kansas, and the City of Manhattan and Kansas State University notified companies that they would not be pursuing e-scooters while there was no state law in place. During the 2019 legislative session, the State of Kansas passed Senate Bill (SB) 63. The bill regulates the use of e-scooters, which are defined by the bill as every self-propelled vehicle having at least two wheels in contact with the ground, an electric motor, handlebars, a brake, and a deck designed to be stood upon while riding. The bill amends the Uniform Act Regulating Traffic (K.S.A. Chapter 8, Article 14) to prohibit any person from operating an e-scooter on any interstate highway, federal highway, or state highway. The bill permits the governing body of a city or county to adopt an ordinance or resolution further restricting or prohibiting the use of e-scooters within such cities or counties. The bill does not prohibit e-scooters from crossing a federal or state highway, and includes a fine of $45 for unlawful operation of an e-scooter. In the absence of any additional local regulation, the bill applies traffic regulations for e-scooters that is the same as regulations of bicycles. Each fall (normally August/September), the City adopts the most recent version of the Standard Traffic Ordinance for Kansas Cities (STO) published by the League of Kansas Municipalities (normally published at the beginning of July). The STO parallels the Kansas uniform act and serves as a comprehensive traffic code within the city limits. The City also amends the STO to adapt it for local use; the City has the authority to amend the STO as long as the amendments do not conflict with the Kansas traffic act. This fall would be the best timing with the adoption of the STO for the City to consider possible amendments related to regulating e-scooters, as well include regulations regarding parks and trails (which are separate from the STO). On Friday June 21, 2019, a variation of this memo was provided to the Bicycle and Pedestrian Advisory Committee (BPAC) and to the Parks and Recreation Advisory Board (PRAB) on July 1, 2019. General consensus from BPAC and PRAB was in favor of allowing the use e-scooters as an alternative mode of micro-mobility for residents. Both BPAC and PRAB felt the City should establish regulations regarding usage similar to other cities, as well as possible work toward an agreement in the future with a potential e-scooter companies to deploy a fleet in Manhattan. Both the BPAC and PRAB voiced a concern for limiting the speed of e-scooters on sidewalks. PRAB was okay with allowing e-scooters in parks and trails where bicycles are currently allowed. Other Cities in Kansas The City of Topeka adopted an e-scooter ordinance in April 2019 and has since partnered with Bird, and the City of Wichita adopted an ordinance for e-scooters this summer. Wichita created a one-year pilot agreement for potential e-scooter companies that wish to deploy in the city, and have since entered into three agreements with three difference companies. Both ordinances from Topeka and Wichita are attached including Wichita’s pilot agreement. Both ordinances include regulations such as age restrictions, helmet use, speed limit, and parking requirements that do not impede pedestrians or traffic, as well as permitted and prohibited roadway use. The City of Lawrence is currently under contract with VeoRide for a bike share system, but is in the process of examining expansion of services with the company to include e-scooters. Discussion and Considerations City Administration would first recommend adopting an ordinance pertaining to usage of e-scooters when the City adopts the STO this fall. The ordinance can stipulate an e-scooter ride share company cannot operate in city limits or deploy its fleet in the city right-of-way without first entering into an agreement with the city. After that, the City can consider partnering with e-scooters companies with some type of pilot agreement drafted by City Administration that would govern the company’s fleet, usage, equipment, etc. as well as address safety, liability and education that comes with e-scooter companies. • First, the City Commission must consider whether they want to allow the use of e-scooters in the city limits at all. • If so, the City Commission must consider if they want to treat the use of e-scooters the same as bicycles (current City Code in Manhattan allow bicycles on streets and sidewalk, except for sidewalks in Downtown and Aggieville districts). • If so, the City can adopt an ordinance that mirrors the STO with the exception that e-scooters would not be allow on sidewalk of Aggieville and Downtown. • If the City Commission wants to further regulate the usage of e-scooters differently than bicycles, City Administration would need that feedback tonight. Such considerations could include: • Should e-scooters be allowed on both sidewalks and streets? • Should there be a maximum speed limit for e-scooters on sidewalks or streets? • Should there be an age requirement? Helmet requirement? • Should e-scooters only be operated at certain times? • Should e-scooters be allowed in parks and on trails? • Where can e-scooters be parked when not in use? FINANCING This is a discussion item, so there is no financial impact. In the event the City Commission directs City Administration to pursue a possible agreement with an e-scooter company interested in deploying its fleet in the community, there is potential to include required payments from the company as part of the agreement on a per scooter or per ride basis for their access to rights-of-way and for the City to maintain rights-of-way and infrastructure. ALTERNATIVES This item is a discussion item. The Commission should ask questions and provide feedback regarding preference of being more or less restrictive regarding traffic and other e-scooter regulations and enforcement when adopting the STO this fall. RECOMMENDATION City Administration recommends the City Commission provide feedback as it seeks to adopt the STO this fall. POSSIBLE MOTION No motion is needed as this is a discussion item. 19064 JW Enclosures: 1. Herman, Mason (2019). A comprehensive guide to electric scooter regulation practices. Kansas State University Master of Regional and Community Planning Report. 2. Topeka Ordinance 3. Wichita Ordinance 4. Wichita Pilot Agreement A comprehensive guide to electric scooter regulation practices by Mason Herrman A REPORT submitted in partial fulfillment of the requirements for the degree MASTER OF REGIONAL AND COMMUNITY PLANNING Department of Landscape Architecture and Regional & Community Planning College of Architecture, Planning and Design KANSAS STATE UNIVERSITY Manhattan, Kansas 2019 Approved by: Major Professor Gregory Newmark, Ph.D.
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