particular proposal can be done safely, with respect for the residential character of Oakwood neighborhoods and adequate measures to minimize congestion and other traffic issues.
It is important to note that this is a temporary solution, and not a permanent amendment to the Zoning Code. The authority to issue waivers would last for six months from today’s date, unless the Governor’s State of Emergency declaration expires or is terminated sooner. After that, this resolution will lapse and normal operations would resume under the Zoning Code.
Thereupon, it was moved by Mayor Duncan and seconded by Mr. Stephens that the resolution be passed.
Mrs. Hilton asked if the temporary waivers could extend into next year.
Mayor Duncan and Mr. Jacques confirmed that the authority to grant waivers lasts for six months from today’s date, unless the Governor’s State of Emergency declaration expires or is terminated sooner.
Mayor Duncan shared his hopes of things getting back to normal versus needing to adopt a permanent Zoning Code amendment.
Mr. Jacques explained that a permanent change would require a text amendment change to the Zoning Code which would require both Planning Commission and City Council public hearings.
Upon call of the roll on the question of the motion, the following vote was recorded:
- MR. WILLIAM D. DUNCANYEA
- MR. STEVEN BYINGTONYEA
- MR. ROBERT P. STEPHENSYEA
- MRS. ANNE HILTONYEA
- MR. CHRISTOPHER EPLEYYEA
There being five (5) yea votes and no (0) nay votes thereon, said resolution was declared duly passed and it was so ordered.
A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.
Mr. Stephens explained that this is a first reading of an ordinance to ban the use of “dockless electric scooters and bicycles” in city rights-of-way and on public property.
Dockless electric scooters and bicycles, which are available to be rented on demand from unstaffed locations, arrived in many cities suddenly and unexpectedly, and proliferated rapidly. Some of the most visible examples include “Spin,” “Bird,” and “Lime” scooters, among others.
These shared mobility devices are largely unregulated. 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 other state legislatures are considering possible frameworks for the 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 wherever they happen to stop: in streets, sidewalks, doorways, and other public places. This creates visual clutter and more importantly, safety concerns, especially for the most vulnerable pedestrians.
In addition, 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.
City Council initiated moratorium legislation last year as an immediate way to address the hazards posed by shared mobility devices placed in and operated on public property. The intent