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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: April 22, 2003

Subject/Title: Adopt and waive second reading of Ordinance No. 740 adding Chapter 10.22 concerning the regulation of the use of electric personal assistive mobility devices (“EPAMDs”)

Submitted by: Dennis Beougher, City Attorney

RECOMMENDATION
Adopt and waive second reading of Ordinance No. 740 adding Chapter 10.22 concerning the regulation of the use of electric personal assistive mobility devices (“EPAMDs”).

BACKGROUND
A new method of personal transportation, the EPAMD, was recently introduced by Segway. The EPAMD is an electrically propelled two-wheeled device designed to transport one person. The EPAMDs have a speed limit of less than twenty miles per hour. It is a self-balancing personal transportation device that is designed to operate in any pedestrian environment.

Existing law regulates the use and operation of vehicles, including two-wheeled electric propelled devices such as scooters. Under existing law, among other requirements, a motorized scooter is required to be equipped with a specified braking system and, if operated on a highway in darkness, with specified lamps for visibility.

Legislation (SB 1918, sponsored by Senator Torlakson) was recently passed that establishes regulations regarding the use of EPAMDs. The legislation required that EPAMDs, among other things, be equipped with front, rear, and side reflectors, a system that enables the driver to bring the device to a controlled stop, lamps for nighttime visibility, and as sound emitting device. The legislation further provides that the statutory regulations shall not become operative until March 1, 2003, and shall remain in effect until January 1, 2008.

The bill provides that cities may adopt an ordinance to restrict the time, place, and manner of operation of the EDAMPs.

City staff contacted all city departments. The feedback from departments received was that this type of transporter has no history and has not been adequately field tested to evaluate its safety with high-speed cars and in suburban areas like Brentwood. The Police Department recommended that EDAMP not be permitted on city streets and sidewalks, as the conflict between pedestrians, particularly with large number of elderly in Brentwood, would be too great. Attached is a draft ordinance that provides that it is important to examine the potential implications of the transporter, such as EDAMPs, on various safety issues before allowing the use of these types of transporters on city streets and sidewalks for the safety of pedestrians and motorists. The draft ordinance prohibits the EDAMPs from city streets and sidewalks, trails, parking lots, or mall unless signage on such street or sidewalk permits such use. This allows the City to study the use and develop some use data from other cities and to allow the City of Brentwood to place signage for limited use on specified city property or routes, if it is found by the City Council to be appropriate in the future.

FISCAL IMPACT
No significant fiscal impact will occur as a result of the recommended action.

Attachment:
Ordinance

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADDING CHAPTER 10. 22 REGULATION THE USE OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES

WHEREAS, a new method of personal transportation was recently introduced, commonly known as Segway, and these new electronic personal assistive mobility devices (“EPAMDs”) are electrically propelled two-wheeled devices designed to transport one person and have a maximum speed of twenty miles per hour; and

WHEREAS, thirty-two states, including California, have passed laws pertaining to the use of EPAMDs; and

WHEREAS, EPAMD is an important new mode of transportation and many people recognize the promise of the EPAMD, the City of Brentwood City Council feels that it is important to examine the potential implications of the transporter on various safety issues before allowing the use of these transporters on city streets and sidewalks for the safety of pedestrians and motorists; and

WHEREAS, the State of California has allowed cities to determine whether to regulate the time, place, and manner of operation of EPAMD’s.

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Brentwood does ordain as follows:

Section 1. Chapter 10.22. of the Brentwood Municipal Code is hereby added as follows:

10.22 Electric Personal Assistive Mobility Devices.

(a) It shall be unlawful to operate an “electrical personal assistive mobility device,” as defined in Section 313 of the Vehicle Code, on any sidewalk, walkway, pathway, trail, multi-purpose shoulder lane, in or about a mall or parking lot open to the public, multistoried parking structure, an airport or other pedestrian/transportation facility which is under the jurisdiction of the City of Brentwood, except that an electrical personal assistive mobility device, as defined by Section 313 of the Vehicle, may use a sidewalk, walkway, pathway, trial, or multi-purpose shoulder lane which is approved and appropriately signed by the City of Brentwood.

(b) The term “pedestrian” shall not, for any purposes, be deemed to include an “electric personal assistive mobility device”, as defined in Section 313 of the Vehicle Code.

Section 2. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the __ day of April, 2003 by the following vote:

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