*** Motorized scooters may be cause for new ordinance ***
Roseburg, Oregon -- 09/29/2004
The Roseburg City Council temporarily tabled an ordinance
prohibiting motor-assisted scooters on city park bike paths
at its regular meeting Monday night.
The scooters have drawn complaints from bicycle riders and
pedestrians in city-owned parks and caught the attention of
city councilors in August.
Council members decided an ordinance should include language
that requires sellers of the scooters to educate customers about
scooter laws, if an ordinance is to be created at all.
An ordinance would prohibit the use of scooters on bike paths
in city parks, although they can be used legally on some roads
and bicycle lanes.
The decision came after hearing from Roseburg Police Chief Mark
Nickel, who said an emphasis on education could be a better means
to keeping people off bike paths than creating an ordinance.
"It would be very infrequently enforced,"
he said of the proposed ordinance.
Nickel said it is difficult for police to respond to complaints
about the scooters on bike paths because offenders have
usually left the area before police arrive.
"Unless the person can positively identify the offender,
it would be difficult even after the fact," he said.
Councilor Lanty Jarvis said he wasn't sure the council should
waste time on an ordinance that couldn't be effectively enforced.
"It seems like we would be better off just to let this pass,"
he said.
As it stands now, motor-assisted scooters don't fit into the category
of "motorized vehicles" that are currently prohibited on bike paths.
While they are technically legal on the bike paths, riders must be at
least 16 years old and must wear a helmet. The scooter cannot
exceed speeds faster than 15 mph, but it can be ridden on streets
with speed limits of 25 mph or less or in bicycle lanes on streets
over 25 mph.
Scooters must be capable of human or motor propulsion and
must have speed capabilities of 24 mph with an engine size of 35
cubic centimeters or less, Nickel said. It is not clear by law if
miniature motorcycles, known as "pocket bikes," that fall under
these specifications fit into the same legal realm as scooters, he
added.
After the meeting, Nickel said the Oregon Association of Chiefs
of Police, of which he is a member, will ask the Legislature in its
next session to revisit the state statute regarding vehicles of this
nature to provide clarity on the issue.
"There's no definite answer," he said.
Nickel said he wouldn't be surprised if the rate of scooter use
began to slow over the next few months anyway, making the
ordinance unnecessary.
"In many instances, it's a passing fad," he said.
Interim City Manager Jim Johnson had suggested adding the
new language to the ordinance calling for scooter vendors to
help educate buyers, following the example of a similar
ordinance in Eugene.
"It's probably a better attempt at education," he said.
Nickel said Roseburg police are also attempting to educate the
public, handing out fliers and fielding questions. He said it's
ultimately
up to the council to choose to create an ordinance or not, but he's
supportive either way.
"We just have to deal with the enforcement issues,"
he said.
The council plans to revisit the issue at its
next regular meeting scheduled for Oct. 11.
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