New Parks and Recreation Department Rules "Yea" to Electric!

City of Portland One Step Closer to Good!

City of Portland Releases new Electric Friendly Laws for Parks and Recreation! [updated 5/4/2008]

Last year the members of Scoot On This! LLC and a representative from Zap! Scooters met with City Commissioner Sam Adams to discuss ways to make the use of Light Electric Vehicles a more workable transportation solution for the Portland area.  Portland, which for some time has been vocalizing its desire to establish itself as a National leader in Green Technology and Alternative Transportation, sent word to us last week and we are very happy to report that our voices - and those of our environmentally conscious customers - have been heard!

After noting to Commissioner Adams the traffic congestion on both the I-205 freeway and Foster Rd. (as well as most major arteries within the city), and the horrendous under use of the Spring Water Corridor bike trail only two blocks away (and the trail that parallels I-205 as well), we made recommendations that we hoped would encourage greater use of the miles of underutilized bike paths in the city, including raising the speed limit to match federal guidelines (20 MPH [Done!  Bikes 20mph, Scooters 24mph]), and to recognize electrics as a class of light vehicles that were thoughtlessly grouped into the same category as gas powered scooters and bikes; and undeserved grouping considering the clean, quiet, and necessary technology that electrics provide, and should not be treated the same as gas - indeed, it should be promoted and given special consideration!

We are very proud of our city and our state, and today we are happy to say that our City has made a remarkable gesture towards making the use of LEVs a real and practical reality for commuters, shoppers, and the people with mobility issues (financial as well as physical). 

It was not, and is not, a clear path to victory.  When we first followed up on the progress of electric bikes (and Scooters, because in the past, if the scooter did not have peddles, but did have a motor, electric though it may be, the scooter was called a "motorized vehicle" as was banned for lack of peddles!  Idiocy!) in Early 2007, we asked the Parks and Recreation Department, who manages the Bike Trails like the Springwater Corridor, and they quoted park regulations:

A.                 No person shall operate any motorized vehicle or motorized wheeled vehicle or motorized wheeled device in any Park, except on Park roads or in designated vehicle parking areas, or by permit.   The prohibitions of this Section do not apply to authorized service or emergency vehicles or to the following electric mobility devices used by persons who need assistance to be mobile, and used in accordance with all applicable park and traffic rules:

1.  “Electric assisted bicycle” as defined in ORS 801.258;

2.  “Motorized wheelchair,” “Mobility scooter” or “Power chair” defined as an electric powered transportation device for one person in a seated position, with feet resting on floorboards or foot rests, and incapable of exceeding a speed of 20 mph; or

3.  “Human or personal transporter system” defined as a self-balancing, electric-powered transportation device with two wheels, able to turn in place, and designed to transport one person in a standing position, with a top speed of 20 mph.

....

E.         No person shall operate an electric mobility device in a park in an unsafe manner or at a speed exceeding 15 mph, or, when pedestrians are present, at a speed exceeding 5 mph, or fail to yield the right-of-way to all pedestrians.

It was unclear if "Park Roads" included bike trails or not, so we wrote to Mark M. Warrington, CPP, Public Safety Manager, Portland Parks & Recreation for further clarification,

"We have worked with the city commissioner Sam Adams to encourage the use of so called "Light Electric Vehicles", or LEVs. This interaction resulted in new regulations to increase (to match Federal levels) the top speed of LEVs to 20 MPH, as a means of encouraging their use as a viable and safe alternative transportation. The new statutes were sent to me by Grumm, Matt [mgrumm@ci.portland.or.us] and I need to follow up on this very important issue: does "park roads" include the bike paths, such as the Springwater Corridor? Who has jurisdiction over these paths? Allowing the LEVs on bike paths are good for many reasons, aging commuters who might be frghtened riding in the on street bike lanes (with good reason), and generally advancing and encouraging the use of these vehicles that go no faster than a person can easily peddle, are used more and more by the older population, and are perfectly quiet - having a clear advantage over gas powered versions of this kind.

Can you please advise me what I can tell my customers and be correct and my advice within the law? So far, I tell people something like this: "It's like vagrancy or loitering laws. If your messing around, it gives officials reason to stop you. If you are being cool and minding your business, you should be fine."

We received a response a few weeks later from Mark (cc'ed to Sam Adams) which said,

Thank you for your inquiry of May 4 regarding the use of electric vehicles on bike/ped paths in parks. Portland City Code 20.12.170 (D) is intended to prohibit motorized vehicles in parks while allowing "persons who need assistance to be mobile" to use certain electric mobility devices.

20.12.170 (D) is not intended to define overall Parks trail and vehicle use policy.

Portland Parks & Recreation will be participating in the Bicycle Master Plan process being initiated by Portland's Office of Transportation. The Bicycle Master Plan will be reviewing a number of topics including policies around use of Parks roads and off street paths. This will be a good forum for considering the community interests related to these facilities and to balance competing objectives. I encourage you to get involved in this process. Here's a link by which you can keep informed of the process and opportunities to participate:

http://www.portlandonline.com/

transportation/index.cfm?c=44597

Having said that, let me try to answer at least some of your questions:

1) ... does "park roads" include the bike paths, such as the Springwater Corridor?

Answer: No - Designated bicycle trails and other trails in parks are not considered "Park Roads."

2) Who has jurisdiction over these paths?

Answer: Portland Parks and Recreation under PCC 16.70.560 "Traffic Regulations in Parks"

3) You ask for advice on what to tell your customers.

Answer: Until a revised bicycle and trail use policy is implemented, all I can say to people is to follow existing rules and posted signs in parks.  The only thing new is ...If they "need assistance to be mobile" they can have an electric mobility device allowed by 20.12.170 (D) in a park. 

If you have immediate questions about bicycle and trail use policy or this policy development project, please contact the PP&R Managers leading this:  Janet Bebb, PP&R Planning Division (503-823-6009) or Eileen Argentina, PP&R Services Manager (503-823-5103).

Well, we could feel the turnstile spinning us around, and as the summer got busy, we had to let the subject drop for the time being.  Then, much to our surprise and delight, we were cc'ed on an email from Sam Adams to Mr. Mark Warrington on the 29th of May, which read,

"Mark,

During the recent Council debate on behavior in Parks, I asked for a clarification to ensure that electric-assist bikes would be allow in Parks.  I was told that the amendment had been made (see indent below). Please explain.

Sam"

Email Text Tom Miller to Matt Grumm12-18-06: 

Mark and I had a good, quick conversation on this. Sam's issue is extremely narrow. He thinks the use of electric-assist bicycles (and just that, i.e. not pocket motorcycles, electric skateboards, etc.) is appropriate to assist primarily the elderly who still want to ride bicycles as a means of mobility but benefit from the electric assist. He simply wants to see code and other regulatory language reflect that this incredibly narrow recommendation. My suggestion to Parks, via Mark, was to amend the language to allow for electric-assist bikes in parks and move on. As a practical matter, I don't see this as a big issue for effective park management. We could spin ourselves crazy with a litany of what-if scenarios however far-fetched but it's not worth the effort. If the Parks Commissioner agrees with Sam that the elderly can benefit under this scenario, let's amend and consider it done.

Cheers,

Tom

Tom Miller - Chief of Staff, Office of City Commissioner Sam Adams

Hurray!  Someone actually taking the time to take up our cause!  Fantastic.

The final leg in the journey to date was a reply from Mark, via Zari Santner, who's further notes to Sam Adams appears at the top,

Sam,

As you can see from Mark Warrington's message to me, below, the language of the PCC20.12.170 was revised, per your expressed interest, to allow for Electric Assist Bicycle in parks to help those who will need assistance in order to be fully mobile on bikes. The draft language was circulated to your staff and, to my knowledge, we received no objections.

In addition, my staff will be participating and collaborating with PDOT staff in the development of a city-wide Bike Master Plan with a goal of developing an overall policy of using park paths and trails for transportation by bikes, both manual and electric assist. I hope this answers your question.

Zari

-----Original Message-----

From: Warrington, Mark

Sent: Thursday, May 31, 2007 1:53 PM

To: Santner, Zari

Cc: Loper, Karen

Subject: FW: Use of Inner City Bike Paths

 

Zari,

Regarding Commissioner Adams' question below.

Re: PCC 20.12.170 - Electric Assist Bicycles

I kept the scope of the above PCC sub-section within the original intent, i.e., to prohibit motorized devices in parks, with accommodation for "persons who need assistance." I did not presume to set overall Parks trail and bicycle use policy with this sub-section.

The original draft of this brought to council on 11-29-06 said:  20.12. 170 (d) "No person shall operate any motorized vehicle or motorized wheeled device in any Park, except on Park roads or in designated vehicle parking areas, or by permit. The prohibitions of this Section do not apply to authorized service or emergency vehicles, or to medical mobility devices used by persons authorized by Oregon law or by the law of any other State to use public disabled parking spaces."

At that Council session, Commissioner Adams asked about electric assist bicycles and suggested we work with his staff resources on this. 

I followed up with Tom Miller, Matt Grumm, and others on this (see e-mail excerpts below...) and drafted an ammended sub-section that I distributed for comments.

On January 11th 2007 we went back to Council with the revised (now adopted) 

PCC 20.12.170(d)(e):

D. No person shall operate any motorized vehicle or motorized wheeled vehicle or motorized wheeled device in any Park, except on Park roads or in designated vehicle parking areas, or by permit. The prohibitions of this Section do not apply to authorized service or emergency vehicles or to the following electric mobility devices used by persons who need assistance to be mobile, and used in accordance with all applicable park and traffic rules:

1. "Electric assisted bicycle" as defined in ORS 801.258;

2. "Motorized wheelchair," "Mobility scooter" or "Power chair" defined as an electric powered transportation device for one person in a seated position, with feet resting on floorboards or foot rests, and incapable of exceeding a speed of 20 mph; or 3. "Human or personal transporter system" defined as a self-balancing, electric-powered transportation device with two wheels, able to turn in place, and designed to transport one person in a standing position, with a top speed of 20 mph.

E. No person shall operate an electric mobility device in a park in an unsafe manner or at a speed exceeding 15 mph, or, when pedestrians are present, at a speed exceeding 5 mph, or fail to yield the right-of-way to all pedestrians.

Please call me if you have questions.

Best, Mark

Mark M. Warrington, CPP

So while no one within the Parks and Recreation Department was willing to go out on a limb, what there were able to focus on was the "aging" element of Sam Adam's request and turn it into an official slant of medical necessity, but in the actual wording (see highlighted above) says "electric mobility devices" which can include bike OR scooter OR whatever the hell kind of cross you might find.  Perfect.  And the wording does NOT state medical necessity, but simply "by persons who need assistance to be mobile" which can (and in our fight to gain bike trail access WILL) include a bunion, aching muscles, depression, you name it. 

Bottom Line - When you are out riding on the bike trail on your power-assisted vehicle, BE SURE TO MENTION TO ANYONE WHO MAY QUESTION YOUR OPERATION OF THE VEHICLE ON THE BIKE PATHS YOUR NEED FOR POWER ASSISTANCE.  You are not required to provide any medical statement or proof of any particular condition.  Say only that you need assistance and that should be adiquate under the wording of the law - we are not attorneys, and we are not to be held responcible for any ticket you may get.  BUT armed with the above approved Parks and Recreations own PPC sub-section 20.12.170(d)(e), we feel that any judge who reviews the section, and the intent of the author of the amendments to it (Sam Adams), to promote the use of Light Electric Vehicles as a non-polluting (air or noise) alternative transportation, that any such ticket would be dismissed.

If you feel that clean, quiet electric scooters and bikes should be allowed on Bike Trails and for use in city parks (with zero restrictions, for anyone who wishes to use them), we encourage you to write to Commissioner Adams at samadams@ci.portland.or.us. or to Janet Bebb, PP&R Planning Division (503-823-6009) or Eileen Argentina, PP&R Services Manager (503-823-5103).  Or go to http://www.portlandonline.com/

transportation/index.cfm?c=44597

Our respect and admiration goes out to Commissioner Sam Adamss, his assistant Warren Jimenez, and Matt Grumm from the Office of Commissioner Dan Saltzman - Portland Parks and Recreation Liaison, for the efforts they have made to improve, and encourage, the use of Light Electric Vehicles in the Portland area.  The new regulations are now finalized and are expected to be approved by the City Council on Jan 31, 2007, and take effect on February 24th of this year.

Commissioner Adams is shown the new Zap Personal Transportation Scooter by the NW Regional Representative Guy Alderton.

Commissioner Adams tries out the Currie I-Zip CR36.