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HomeMy WebLinkAboutOrdinance 6926113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6926 File Number: 2025-2014 AN ORDINANCE TO ALIGN THE CITY'S E-SCOOTER REGULATIONS WITH STATE LAW AND THE CITY'S BICYCLE REGULATIONS BY AMENDING § 75.02 OPERATION OF ELECTRIC MOTORIZED SCOOTERS WHEREAS, on July 16, 2019, the City Council passed Ordinance 6205 to regulate where and how e-scooters could be legally operated within the city; and WHEREAS, a 2021 amendment to state law allowed people riding bicycles to have the same rights as pedestrians while using crosswalks and the City Code was amended to recognize this change; and WHEREAS, recently there have been crashes involving people being hit by motor vehicles while riding e-scooters in crosswalks; and WHEREAS, updating the City Code regulations on e-scooters to be consistent with the bicycling regulations will better protect vulnerable road users when using crosswalks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (B)(3) of § 75.02 Operation of Electric Motorized Scooters. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 75.02 Operation of Electric Motorized Scooters by enacting a new subsection (G) as follows: "(G) Operation of Electric Scooters Upon Crosswalks. (1) A person operating an electric scooter upon a crosswalk shall: (a) Yield the right-of-way to pedestrians; and (b) Give an audible signal before overtaking and passing a pedestrian. (2) Except as provided in this section, a person lawfully operating an electric scooter upon a crosswalk has all the rights and duties applicable to a pedestrian using the crosswalk pursuant to § 75.02 of the Fayetteville City Code and A.C.A. § 27-51-1202." Page 1 Ordinance: 6926 File Number: 2025-2014 PASSED and APPROVED on November 4, 2025 Approved: Molly Rawn, Mayor Attest: Kara Paxton, City Clerk Treasurer •G�TY O,� :r(� =v: FAYETTEVILLE:�= �GTDA //111110 This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $156.56 Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 4, 2025 TO: Mayor Rawn and City Council THRU: Matt Mihalevich, Active Transportation Manager Chris Brown, Public Works Director Keith Macedo, Chief of Staff FROM: Dane Eifling, Mobility Coordinator SUBJECT: E-scooter Crosswalk Ordinance Amendment RECOMMENDATION: CITY COUNCIL MEMO 2025-2014 Staff recommends approval of an amendment to city ordinance 6205 chapter 75.02 Operation of Electric Motorized Scooters to align with state law for bicycles in crosswalks and remove the requirement for people riding e-scooters to dismount at crosswalks to have right of way. BACKGROUND: Fayetteville's e-scooter ordinance was created in 2019 which regulates where and how e-scooters can be legally operated in Fayetteville. The rules for e-scooters mirror the rules for bicycles. The state law for bicycles was changed in 2021 to allow people riding bicycles to have the same rights as pedestrians while using crosswalks, which include trail crossings. The City subsequently updated the city ordinance in the bicycling section but did not change the e-scooter section at that time. DISCUSSION: Recently there have been crashes involving people being hit by motor vehicles while riding e-scooters in crosswalks. Fayetteville police have duly assigned fault to people riding e-bikes based on city ordinance. Updating the city ordinance to be consistent with the bicycling section will better protect vulnerable road users when using crosswalks. The Active Transportation Advisory Committee, Transportation Committee and the City Attorney's office have recommended approval of this amendment. BUDGET/STAFF IMPACT: None ATTACHMENTS: 3. Staff Review Form, 4. Markup 75.02Operation_Of Electric_Motorized_Scooters (G) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City Of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-2014 AN ORDINANCE TO ALIGN THE CITY'S E-SCOOTER REGULATIONS WITH STATE LAW AND THE CITY'S BICYCLE REGULATIONS BY AMENDING § 75.02 OPERATION OF ELECTRIC MOTORIZED SCOOTERS WHEREAS, on July 16, 2019, the City Council passed Ordinance 6205 to regulate where and how e- scooters could be legally operated within the city; and WHEREAS, a 2021 amendment to state law allowed people riding bicycles to have the same rights as pedestrians while using crosswalks and the City Code was amended to recognize this change; and WHEREAS, recently there have been crashes involving people being hit by motor vehicles while riding e-scooters in crosswalks; and WHEREAS, updating the City Code regulations on e-scooters to be consistent with the bicycling regulations will better protect vulnerable road users when using crosswalks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (13)(3) of § 75.02 Operation of Electric Motorized Scooters. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 75.02 Operation of Electric Motorized Scooters by enacting a new subsection (G) as follows: "(G) Operation of Electric Scooters Upon Crosswalks. (1) A person operating an electric scooter upon a crosswalk shall: (a) Yield the right-of-way to pedestrians; and (b) Give an audible signal before overtaking and passing a pedestrian. (2) Except as provided in this section, a person lawfully operating an electric scooter upon a crosswalk has all the rights and duties applicable to a pedestrian using the crosswalk pursuant to § 75.02 of the Fayetteville City Code and A.C.A. § 27-51-1202." Page 1 Dane Eifing Submitted By City of Fayetteville Staff Review Form 2025-2014 Item ID October 21st 2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/2/2025 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of an amendment to city ordinance 6205 chapter 75.02 Operation of Electric Motorized Scooters to align with state law for bicycles in crosswalks and remove the requirement for people riding e-scooters to dismount at crosswalks to have right of way. for people riding e-scooters to dismount at crosswalks to have right of way. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # 6205 Approval Date: 7/16/2019 Current: 75.02 Operation Of Electric Motorized Scooters Electric motorized scooters operated within the City of Fayetteville, whether privately owned or part of a scooter -share program, are subject to the following regulations: (A) Electric motorized scooters shall not be operated at a speed greater than fifteen (15) miles per hour; (B) Operation on Sidewalks. (1) Any individual operating an electric motorized scooter upon a sidewalk shall yield the right-of-way to pedestrians and shall give an audible signal before overtaking and passing a pedestrian. (2) No person shall operate an electric motorized scooter upon a sidewalk which abuts a building, when riding on the sidewalk would endanger pedestrians, or where operation of an electric motorized scooter on a sidewalk is prohibited by an official traffic control device. (3) Any individual operating an electric motorized scooter within a pedestrian crosswalk must yield the right-of-way to motor vehicle traffic and pedestrians. To earn the protections of a pedestrian, an individual must dismount, walk the electric motorized scooter, and obey applicable traffic control devices. (Ord. No. 6205, §1(Exh. A), 7-16-19) Proposed: 75.02 Operation Of Electric Motorized Scooters Electric motorized scooters operated within the City of Fayetteville, whether privately owned or part of a scooter -share program, are subject to the following regulations: (A) Electric motorized scooters shall not be operated at a speed greater than fifteen (15) miles per hour; (B) Operation on Sidewalks. (1) Any individual operating an electric motorized scooter upon a sidewalk shall yield the right-of-way to pedestrians and shall give an audible signal before overtaking and passing a pedestrian. (2) No person shall operate an electric motorized scooter upon a sidewalk which abuts a building, when riding on the sidewalk would endanger pedestrians, or where operation of an electric motorized scooter on a sidewalk is prohibited by an official traffic control device. (3) Any individual epeFating an electric M-n-te-r-k-ep-c-I sce-a-terwithin a pedestFiaR cre-r-swalk Must Vield the right of way to mataruphicip traffic and pedestrians. To earn the pFeteetiens of a pedestFian, an must dismount, walk the (G) Operation of Electric Motorized Scooters Upon Crosswalks. (1) A person operating an electric motorized scooter upon a crosswalk shall: (a) Yield the right-of-way to pedestrians; and (b) Give an audible signal before overtaking and passing a pedestrian. (2) Except as provided this section, a person lawfully operating an electric motorized scooter upon a crosswalk has all the rights and duties applicable to a pedestrian using the crosswalk pursuant to §75.02 of the Fayetteville City Code and A.C.A. §27-51-1202. (Ord. No. 6205, §1(Exh. A), 7-16-19) (Supp. No. 37) Created: 2025-08-11 16:07:48 [EST] Page 1 of 1 Form v1.55 Nv\iAem idddLs Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 553893 PO #: Matter of. ORD 6926 AFFIDAVIT • STATE OFARKANSAS R 1ECEIVE 5] D CRY OF FAYETTEVILLE CITY CLERK'S OFFICE I, Maria Hernandez -Lopez , do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily newspaper printed and published in WASHINGTONBENTON county, State ofARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of ORD 6926 Pending in the court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of $156.56. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 11109125; NWA nwaonline.com 11109125 Legal Cle State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this 10th day of \\0w 1II I I I II//// BRAS � J�:•''�\SSIOj�'• �•Q'� OTARY gym: � F'UB��G o: z November 2025 7J i���M # ry �7 r COlUN1 NO RY PUBLIC Ordinance: 6926 File Number: 2025-2014 AN ORDINANCE TO ALIGN THE CITY'S E-SCOOTER REGULA- TIONS WITH STATE LAW AND THE CITY'S BICYCLE REGULA- TIONS BY AMENDING § 75.02 OPERATION OF ELECTRIC MO- TORIZED SCOOTERS WHEREAS, on July 16, 2019, the City Council passed Ordi- nance 6205 to regulate where and how e-scooters could be legally operated within the city; and WHEREAS, a 2021 amend- ment to state law allowed peo- ple riding bicycles to have the same rights as pedestrians while using crosswalks and the City Code was amended to rec- ognize this change; and WHEREAS, recently there have been crashes involving people being hit by motor vehi- cles while riding e-scooters in crosswalks; and WHEREAS, updating the City Code regulations on e-scooters to be consistent with the bicy- cling regulations will better pro- tect vulnerable road users when using crosswalks. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby repeals subsection (B)(3) of § 75.02 Op- eration of Electric Motorized Scooters. Section 2: That the City Council of the City of Fayet- teville, Arkansas hereby amends § 75.02 Operation of Electric Motorized Scooters by enacting a new subsection (G) as follows: "(G) Operation of Electric Scooters Upon Crosswalks. (1) A person operating an electric scooter upon a cross- walk shall: (a) Yield the right-of-way to pedestrians; and (b) Give an audible signal be- fore overtaking and passing a pedestrian. (2) Except as provided in this section, a person lawfully oper- ating an electric scooter upon a crosswalk has all the rights and duties applicable to a pedes- trian using the crosswalk pur- suant to § 75.02 of the Fayetteville City Code and A.C.A. § 27-51-1202." PASSED and APPROVED on November 4, 2025 Approved: Molly Rawn, Mayor Attest: Kara Paxton City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $156.56 November 9, 2025 553693