AN ORDINANCE
BY:  MR. STEPHENS
NO.  4886

ADOPTING SECTION 375.10, SHARED MOBILITY DEVICES, OF THE OAKWOOD TRAFFIC CODE TO ENACT A ONE YEAR MORATORIUM ON THE USE OF SHARED MOBILITY DEVICES, INCLUDING THE PLACEMENT OR OPERATION THEREOF IN ANY PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY, AND OFFERING THE SAME FOR USE ANYWHERE IN THE CITY.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO, THAT:

Section I.

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 has initiated this legislation 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.

Section II.

New Section 375.10, Shared Mobility Devices, of the Oakwood Traffic Code, is hereby adopted to read as follows:

Sec. 375.10 SHARED MOBILITY DEVICES
A. Purpose. The purpose of this chapter is to prohibit Shared Mobility Devices from being placed in the public right-of-way or on public property, operated in the public right-of-way or on public property, or offered for use anywhere in the City, so as to allow for adequate vehicle and pedestrian traffic flow and to promote public safety.
B. Definition. For purposes of this chapter, “Shared Mobility Device” means any wheeled device, other than an automobile or motorcycle, that is powered by a motor; is accessed via an on-demand portal, whether a smartphone application, membership card, or similar method; is operated by a private entity that owns, manages, and maintains devices for shared use by members of the public; and is available to members of the public in unstaffed, self-service locations.
C. Prohibitions.
1.
No person shall park, leave standing, leave lying, abandon, or otherwise place a shared mobility device in a public right-of-way or on public property anywhere within the City.
2.
No person shall operate a shared mobility device in a public right-of-way or on public property anywhere within the City.
3.
No person shall provide or offer for use a shared mobility device anywhere within the City.
D. Violations.
1.
Violation of this Section shall be punishable as an unclassified misdemeanor. In addition, any violation of Section 375.10(C)(3) shall constitute a public nuisance,