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Salem committee looks to regulate e-scooter use

SALEM — The Rules and Ordinances Committee Tuesday discussed updates to the city’s traffic code to encompass electric scooters which are currently not mentioned in the code.

The proposed updates would modify the section of the traffic code which regulates the use of motorcycles, bicycles, and other similar modes of transport like electric bicycles within city roadways and would make electric scooters and other commercial mobility devices subject to the same restrictions and standards as bicyclists. Committee Chairman Jeff Stockman said that in response to an increase in use of electric scooters within the city and surrounding areas it was important to add definitions to the traffic code for them, and to “clarify that operation of “electric scooters” is regulated within the city.”

If approved the update would add definitions for both “electric scooter” and “mobility device.” An electric scooter would be defined as “a two-wheeled device that has handlebars, and a floorboard, which is designed to be stood upon when operating and is powered by electricity,” which sometimes is “equipped with a set, but none has operable pedals;” while a mobility device would be defined as “small mobility devices, such as an e-scooter, e-bike or other similar device,” and does not include those devices which are “designed solely for use by a child, those used as assistive mobility devices by persons with disabilities, or those defined as an electric personal assistive mobility device.”

Under these regulations the minimum age to operate an e-scooter or mobility device on a public street would be set at 13, and a maximum of one passenger would be permitted. The scooters themselves would also be required to remain structurally unmodified and have a front light and rear reflector for operating at night.

Riders would also be required to yield to pedestrians and “make a clear audible sign when passing them,” avoid sidewalks and remain on “bike lanes and surface roads,” and cross the street with “the appropriate light or walk/don’t walk signal.” The speed limit for these vehicles would also match the state speed limit for electric scooters at 15 miles per hours.

Stockman also said that while he recognized the positive role these devices can have in the mobility of Salem residents, for the safety of the public regulation was necessary.

“I also recognize that shared mobility is key to reducing environmental impact, decreasing motor vehicle traffic, and improving access to other forms of transportation. The city of Salem has experienced some impact from the presence of these devices and establishing regulations for shared mobility devices or scooters is critical to ensuring the health, safety, and wellbeing of shared mobility riders, pedestrians and other users of the public right of way,” said Stockman.

The committee ultimately voted unanimously to forward the proposed changes to city council for review.

Also discussed were minimum standards for light and ventilation, also known as light trespassing, within the city which Stockman noted the city currently had no existing regulating ordinance. Stockman explained that light trespassing occurs when unshielded private lighting crosses property lines onto adjacent properties or public right of ways.

“Basically, this is covering lights that would glare into other people’s homes or roadways and distract or inconvenience them,” said Stockman.

The proposed ordinance would prohibit any exterior light from glaring “into, or upon, the surrounding area or any residential premises,” nor may they “be used in any manner that could interfere with the safe movement of motor vehicles on public streets,” or “be directed onto or across any property line.” Any light which could be mistaken for a traffic control device would also be prohibited, and any light poles or building-mounted fixtures “must be designed with fully shielded luminaries,” meaning that shielding would be required to prevent a light from shining anywhere but on the location intended to be illuminated. The height of light poles on private property would also be limited to eight feet for single and two family dwellings, and twelve feet for multiple family and townhouse dwellings.

The committee voted unanimously to have City Law Director Brook Zellers draft the ordinance for further review.

Also approved was a motion to transfer the issue of the temporary moratorium on the issuance of building permits and or certificates of occupancy for any building, structure, use, or change of use that would enable the cultivation, processing or retail sale of recreational marijuana in city limits approved by city council in January to the Committee of the Whole for further consideration ahead of the impending expiration of the moratorium’s 12-month period. Stockman explained that the transfer would allow all members of city council, an opportunity to discuss the issue at the committee level equally, and Councilman Andrew Null, who chairs the committee of the whole said he would be scheduling a meeting prior to city council’s next meeting on Oct. 15 to discuss the issue.

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