Dockless electric scooters and bicycles, available to be rented on demand from unstaffed locations, have arrived in many cities suddenly and unexpectedly, and have since proliferated rapidly. These shared mobility devices are largely unregulated. They exist in a kind of legal limbo where, despite some level of public demand, they cannot be used legally on sidewalks due to their status as “motor vehicles” under state law nor can they be used legally on streets due to equipment limitations and the lack of adequate mechanisms for titling, registering, and insuring them. As a result, there are several lawsuits pending around the nation and the Ohio General Assembly and a number of other state legislatures are considering possible frameworks for regulation of shared mobility devices.
Until the General Assembly determines a path forward for our state, the problems inherent with shared mobility devices must be addressed by local government. In cities where shared mobility devices are available, they are frequently abandoned by users in streets, sidewalks, and other public places, creating visual clutter and serious safety concerns, especially for the most vulnerable pedestrians. Moreover, due to the spontaneous nature of these rentals and their appeal to young people, shared mobility devices are nearly always operated by users—often minors—without helmets.
For the immediate preservation of the public peace, health, and safety, Council previously enacted a moratorium to address the hazards posed by shared mobility devices placed in and operated on public property, with the intent to revisit the issue in one year when the legal landscape may have become more firmly settled. However, no state regulation has been forthcoming, and Council now seeks to make its previous one-year moratorium permanent.
Section 375.10, Shared Mobility Devices, of the Oakwood Traffic Code, is hereby amended to read as follows, with new text in bold font and deleted text in strikethrough font:.