Public hearing next week on scooter ordinance

The city will be accepting public comments next week related to an ordinance that could enact electric scooter restrictions for those under 16 years old.

After discussing a proposed ban Thursday, March 5, the Graham City Council requested changes to add restrictions rather than an outright ban. The council discussed those changes during their meeting Thursday, March 19. 

“This version of ordinance 1209 is completely revised from the first version based on the direction from the city council,” City Manager Eric Garretty said. “This version incorporates an age restriction, restricts use of scooters to daylight hours, requires helmet use and restricts the operation of scooters on certain streets.”

Those under 16 years of age who operate a motor-assisted scooter, or e-scooter, on any public street, roadway, alley, sidewalk, park, trail, right-of-way, or other public property within the city limits would have to adhere to new restrictions.

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.

Those restrictions include having to wear a helmet, operate the scooter only during daylight hours, or 30 minutes after sunrise until 30 minutes before sunset and only on certain roadways.

Within the amended ordinance those under 16 years of age are not allowed to operate a motor-assisted scooter on Elm Street/Hwy. 16, Hwy. 380, Hwy. 67, Hwy. 61, Fourth Street and Indiana Street. Crossing one of these roadways is not considered an offense.

Additionally, the scooters are restricted to be used by any person, regardless of age, in the areas surrounding Graham High School when a sporting event is scheduled at a Graham ISD athletic facility, during graduation events, during GISD-sanctioned non-sporting events at Newton Field and during parade events in the area.

“On a Friday night or a big playoff game that they’re having between two other towns you can barely (have two cars pass) all the vehicles that are parked on the side of the road,” Graham Police Department Chief Brent Bullock said. “…It’s just a safety issue to us. We are already having a memorial volleyball tournament because of an incident that happened there.” 

The streets near the high school included in that restriction are Calaveras Street, Brazos Street, Carolina Street and Kentucky Street.
Under the proposed ordinance, GPD will be able to seize the motor-assisted scooter of any person after three or more violations of the ordinance. 

“Whether you feel like we need to do this or not, the shame is that council is basically having to parent at this point. ...I certainly understand the need, and we want to protect our kids,” Mayor Alex Heartfield said. “I know this is mostly directed at kids, but we’re becoming parents and the school has to do that too. The school has to regulate and become parents sometimes in the absence, and it’s a shame.” 

Graham residents Hailey Carr, Greg Bonzelaar and Oleta Elkins provided a comment about the restriction during the meeting.

Carr suggested the city implement a mandatory class for parents and their children or community service for traffic law violations related to scooters. She said she was against the proposed time restriction.

“As a mom who’s actively following her kid on his e-bike and riding with him at night, I ask that we reconsider that so we don’t have to cut our fun short,” Carr said. “I know that there are parents that aren’t doing the same things that we are doing to make sure that our kids are safe, but we ask that you just consider that there are parents that are doing that.”

Bonzelaar said he wanted something that could benefit both sides while keeping residents safe.

“I’m not here to profess one extreme to the other of banning them or letting them roam free, but there has to be some sort of compromise on (where) they have to obey traffic laws like motorcycles and bicycles do,” he said.

Elkins, who lives at the corner of East Street and Austin Road, submitted a letter to the city Sunday, March 8 stating that children on scooters travel fast down East Street every night.

“Just last night after dark, two scooters flew down East Street, no reflectors or lights. The kids never stopped for an ambulance, for cars, for stop signs,” she said. “Because the street is sloped, kids, six to seven years old, fly by every day and night. ...This has to stop. I am 87 years old, and I’m afraid if I sit looking out my window (of) someone getting killed.”

The council decided to move forward with the ordinance as it stands and hear additional comments on the proposal during the public hearing. 

Following the public hearing, the council will have a third and final reading of the ordinance with changes made based on community feedback.

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. 

Those that cannot attend the public hearing but want to make a comment, can submit a comment in writing to the city by noon Wednesday, April 1 to City of Graham, Attn: City Secretary Marci Bueno, 612 Elm St., Graham, TX 76450.