Form revised February 12, 2004

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Seattle Department of Transportation	Pete Lagerwey, 684-5108	Jennifer Devore, 615-1328

Legislation Title: AN ORDINANCE relating to electric personal assistive mobility devices and motorized foot scooters; adding Sections 11.14.184 and 11.14.333 to the Seattle Municipal Code; and adding a new chapter 11.46 to the Seattle Municipal Code.

· Summary of Legislation: Legislation establishes areas of operation and rules of operation for “motorized foot scooters” (i.e., gas- and electric-powered scooters) and for “electric personal assistive mobility devices” or “EPAMDs” (the only brand of which currently available are commonly known as “Segways”) within the City of Seattle.

Areas of Operation. Under this legislation:

· EPAMDs may be operated on sidewalks, but motorized foot scooters may not be operated on sidewalks;

· both types of devices may be operated on roadways, shoulders and alleys except: (a) where an arterial street contains a sidewalk, EPAMDs must be operated on that sidewalk and not on the roadway or shoulder; and (b) an EPAMD may not be operated on any roadway or shoulder with a speed limit in excess of 35 mph; and

· neither type of vehicle may be operated in a bicycle lane or on a public path (such as the Burke Gilman Trail).

[Note: Use of any motorized vehicle in a City park is already banned except on roadways. SMC 18.12.200. This legislation specifically preserves that law.]

Rules of Operation. Under this legislation, when operated in the areas in which they are allowed:

· no person under sixteen years of age may operate a motorized foot scooter on a roadway, shoulder or alley;

· motorized foot scooter operators will have the same rights and responsibilities as bicyclists;

· EPAMD operators: (a) will have the same rights and responsibilities as bicyclists when operating on a roadway, shoulder, or alley; (b) will have the same rights and responsibilities as pedestrians when operating on a sidewalk, crosswalk, or pedestrian zone; and (c) will have to obey a 4 mph speed limit in certain congested pedestrian zones designated by the Director of the Seattle Department of Transportation.

· Motorized foots scooters must be equipped with a lamp on the front and reflector on the back when riding anytime from a half hour after sunset to a half hour before sunrise.

Please note the matrix, attached to this Fiscal Note, for a representation of the essence of this legislation.

Background: This legislation builds upon and is consistent with recent State legislation. First, 2002 Washington Laws Chapter 247 imposed certain restrictions on EPAMDs and allowed local governments the ability to impose additional regulations. The primary provisions of this statute are codified at RCW 35.75.020 and RCW 46.61.710. Second, 2003 Washington Laws Chapter 353 §§ 6-11 clarified state regulation of motorized foot scooters while allowing additional local restrictions. The essential section of this law is also codified in RCW 46.61.710.

· Please check one of the following:

__X__ This legislation does not have any financial implications.

Attachment to Fiscal Note

Summary of Proposed Legislation Regarding EPAMDs and Motorized Foot Scooters

Arterial	Non Arterial	Bike Lane	Public Path*	Sidewalk**
Allowed: - Scooters - EPAMDs (if no sidewalk & speed limit is 35 mph or less) - Bikes - Peds (on shoulder if no sidewalk)	Allowed: - Scooters - EPAMDs - Bike - Peds (on shoulder if no sidewalk)	Allowed: - Bikes	Allowed: - Bikes - Peds	Allowed: - EPAMDs (can be limited to 4 mph by Director of SDOT under certain circumstances) - Bikes - Peds
Not Allowed: - EPAMDs (if sidewalk exists or speed limit is greater than 35 mph) - Peds (if there is an adjacent sidewalk)	Not Allowed: - Peds (if there is an adjacent sidewalk)	Not Allowed: - Scooters - EPAMDs - Peds	Not Allowed: - Scooters - EPAMDs	Not Allowed: - Scooters

Notes:

*Under SMC 11.14.435, a “path” is “any constructed trail which has been designed for the use of pedestrians, equestrians or bicyclists.” Public paths are commonly called “bike trails” or “multi-use paths.”

**Under SMC 11.14.570, a “sidewalk” is “that area between the curb lines or the lateral edge lines of a roadway and the adjacent property, intended for the use of pedestrians or such portion of private property parallel and in proximity to a street or alley and dedicated to use by pedestrians...”

Examples Where the Status of “Sidewalk” Might Not Be Clear:

1) Burke Gilman Trail – two block-section, 9^th Ave NW to 11^th Ave NW. The public path is immediately adjacent to NW 45^th Street. The public path therefore serves as a sidewalk along this two-block section. EPAMDs would be allowed for this two-block section.

The Director of Transportation may adopt administrative rules for this and similar situations—where, in limited locations, public paths serve as both a public path and sidewalk.

2) Alaskan Way, Waterfront Area – asphalt path on east side of street. This section of this path serves as the sidewalk on the east side of the street and so should be open to EPAMDs. As in the first example, the Director of Transportation may adopt administrative rules for this and similar situations.

3) Alki Trail – asphalt path on water side of street. This path is owned and operated by the Department of Parks and Recreation. Existing City law states it is unlawful to operate any motorized vehicle “over or through any park except along and upon the park drives, parkways and park boulevards.” SMC 18.12.200. The Superintendent of Parks may adopt an administrative rule interpreting how this language applies to this and other situations where EPAMDs might be operated within, but near the perimeters of, parks.