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(THOMAS WALLNER | THE GRAHAM LEADER) Graham Police Department Sergeant Pedro Marrufo provides an informational class Wednesday, Jan. 21 on electronic scooter safety and laws related to the Texas Transportation Code.
A proposed ban on the operation of electric scooters with the city of Graham has changed into a consideration for restricting operation by age and time of day on certain roads under certain safety conditions.
The Graham City Council met Thursday, March 5 and heard a presentation from City Manager Eric Garretty and Police Chief Brent Bullock, who drafted an ordinance amendment in response to complaints from motorists regarding the use of scooters by minors on city streets.
“The complaints are that minors generally do not follow the rules of the road, are inattentive to vehicular traffic and the fear is that the motors will unintentionally strike or harm a minor riding a scooter,” Garretty said.
The Texas Transportation Code gives the city the authority to prohibit the use of motor-assisted scooters on highways, streets, sidewalks or other public property in the interest of public safety.
A ban on the operation of scooters on any public street, roadway, alley, sidewalk, park, trail, right-of-way, or other public property located within the corporate limits of the city was part of the proposed ordinance amendment.
The council rejected the proposed ordinance on first reading pending further amendments to be added after discussion.
Council Member Brendan Weatherman said he has seen adults use e-bikes and scooters as an alternative to get to work. Echoing those thoughts was Council Member Shana Wolfe, who said she would be against an outright ban.
“I’m open to regulations improving the safety, but I’m not in favor of the ban because I see adults that go past my house on the way,” Wolfe said. “There’s one custodian at the high school, I believe, and one custodian at Crestview (Elementary School). That’s their means of transportation.”
Under the proposed ordinance, the city said there were traffic concerns such as conflicts with pedestrians, inference with vehicle traffic and limited infrastructure for the scooters which could lead to injuries.
Motor-assisted scooters in the ordinance are described as a self-propelled devices with one or more wheels in contact with the ground during operation, a braking system capable of stopping the device under typical operating conditions and a gas or electric motor not exceeding 40 cubic centimeters or not exceeding 750 watts, if electric.
Additionally, to be considered a motor-assisted scooter, the scooter must have a deck designed to allow a person to stand or sit while operating the device. It does include devices used by individuals with disabilities that are designed for mobility assistance.
The council voted to amend the proposed ordinance to restrict those 16 years of age and younger on streets to be determined by city staff and only during certain hours. The list of streets can be modified later, but will be presented in the future to the council for consideration.
The police chief said he believes anyone under 18 years old should be fully equipped with safety gear, such as a helmet, while operating these scooters.
Another amendment approved by the city council was that 16 years old and younger must wear helmets while operating a scooter.
“I really don’t believe, looking at it from a safety standpoint, that any scooter should be on Fourth Street, Elm Street, Pine Tree Road (and) Indiana Street. They’re busy streets.” Bullock said.
The city is up against recent changes made to portions of Elm Street and approved by the Texas Department of Transportation where the speed was reduced to 35 miles per hour.
“Under Texas Transportation Code, it says that these scooters may be operated on any street or highways posted with a speed limit of 35 miles per hour or less. We just changed the speed limits along Elm and a good portion of it is 35 miles an hour,” Garretty said. “Chief and I were talking in the strictest interpretation of what’s currently in the Transportation Code, you could ride your scooter in a travel lane on Elm.”
The police chief said as far as local reports to GPD, there was one near Walmart where an adult was turning on a scooter and hit a vehicle.
“That is the one report that we’ve had so far,” Bullock said. “I’ve heard there’s been some other reports, but unfortunately they weren’t reported to us.”
These restrictions would not extend to e-bikes, which still have to follow traffic laws while in operation on city streets.
“(With) e-bikes you basically follow the rules of the road just like you do on a vehicle. You stop at stop signs, you give hand signals when you’re changing lanes or when you’re fixing to make a turn,” Bullock said. “…Probably the biggest complaint we get (for scooters) is the stop signs. They’re just blowing right through the stop signs.”
A public hearing was set by the city council for 8:30 a.m. Thursday, April 2 at the city council chambers at 608 Elm St. in Graham to receive public comments on the amendments made to the ordinance. The city said that the proposed amended ordinance will be on the city website prior to the hearing.
Those that cannot attend the public hearing but want to make a comment, can submit a comment in writing by noon Wednesday, April 1 to City of Graham, Attn: City Secretary Marci Bueno, 612 Elm St., Graham, TX 76450.
