HomeMy WebLinkAboutBYL 01-23Report to Council
Report Number: BYL 01-23
Date: February 27, 2023
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Electric Kick Scooter By-law
-File: L-2100-001-20
Recommendation:
1.That Report BYL 01-23 regarding Electric Kick Scooter By-law be received;
2.That the Electronic Kick Scooter By-law attached to this report (Attachment 1) be enacted;
and,
3.That appropriate City of Pickering officials be authorized to take the actions necessary to
implement the recommendations in this Report.
Executive Summary: On January 1, 2020, the Ministry of Transportation (MTO) introduced a
five year pilot program to permit Electric Kick Scooters (e-scooters) on Ontario’s roads. Under the
five year pilot project, the MTO has provided municipalities the ability to regulate the use of
devices on roads, paths and other property under their jurisdiction. The Region of Durham has
already enacted a by-law regulating the use of e-scooters on Regional roads.
Council Resolution #982/22 directed staff to undertake a public consultation and report back to
Council in February, 2023. Given the feedback from the public, and in keeping with the Region of
Durham’s by-law, it is recommended that the draft by-law be enacted.
Financial Implications: None. The enforcement of this by-law will be conducted by Durham
Regional Police Service (DRPS).
Discussion: On April 27, 2022, the Region of Durham enacted a by-law regulating e-scooters
on Regional roads. As a result, e-scooters are permitted within Pickering on Regional roads, but
not on local City roads. The implementation of an Electronic Kick Scooter By-law (Attachment 1)
by the City of Pickering will establish a consistent approach that enables the use of e-scooters on
all public roads in Pickering. This will allow residents to use e-scooters as additional, sustainable
transportation option.
Results of Public Consultation:
The City maintained an online survey page for the month of January, 2023 on the City’s website.
There were 1,100 visitors to the on-line survey page, 144 people participated in the polls and
provided input. The majority of respondents were people who do not own or plan to purchase an
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BYL 01-23 February 27, 2023
Subject: Electric Kick Scooter By-law Page 2
e-scooter. (100 respondents did not own an e-scooter. 44 respondents owned one or planned to
purchase one.)
a)A majority of survey respondents (100 of 144 respondents) indicated that they supported
the use of e-scooters on City roads, while 44 respondents were opposed.
b)96% of respondents believe that e-scooters should be operated in bicycle lanes when
available. This includes 43 of the 44 respondents that use e-scooters.
c)50% of respondents opposed the use of e-scooters on sidewalks or pathways. 44%
supported use on sidewalks and pathways. Just under 8% were undecided. Staff
recommend that e-scooter use be restricted to roads, and that they not be permitted on
sidewalks and pathways. This will enable e-scooters to be used as a sustainable method of
commuting while ensuring the safety of pedestrians on sidewalks and paths. The draft
Electronic Kick Scooter By-law has been drafted to prohibit the use of e-scooters on
sidewalks and pathways.
d)52% of respondents supported the use of e-scooters in parks or on trails. Of these, the
majority were e-scooter riders. Notwithstanding this, staff recommend that e-scooters not
be permitted in City parks or on trails. The City’s Parks By-law 5495/99 prohibits the use of
a vehicle in a park. Since an e-scooter meets the definition of “vehicle” under the Parks By-
law, Municipal Law Enforcement Services will be able to enforce a prohibition on the use of
e-scooters in a parks. (Riders would be required to leave the park or risk a fine.)
e)62% of all survey respondents indicated that they are concerned about the pedestrian
safety implications of e-scooter use. Interestingly, over 61% of e-scooter users did not
share that concern. Like the majority of survey respondents, staff are concerned for
pedestrian safety and, for this reason, have recommended against permitting e-scooter use
in parks or on trails, pathways and sidewalks.
f)57.2% of respondents feel that all riders should be required to wear a helmet. The
Provincial Regulations and the Regional By-law each require riders under 18 years of age
wear helmets. For the sake of consistency, City staff recommend that persons 18 years of
age and younger be required to wear a helmet. The attached draft Electronic Kick Scooter
By-law includes this requirement.
g)A majority of respondents feel that the requirement for e-scooter users to keep 1 meter of
space from other road users is appropriate. Comments from e-scooter riders favoured a
spacing requirement of 0.5-2.5 meters, whereas non-users’ preferred greater spacing of 2-
5 meters. The requirement to keep 1 meter of space between e-scooters and other road
users is recommended for consistency with the Regional By-law.
h)A majority of respondents also support a minimum age requirement of 16 years for e-
scooter riders. This is in keeping with the Provincial Regulations and the Regional by-law,
and it is included in the attached draft By-law.
E-scooter rider safety is addressed by the proposed By-law’s safety requirements and is also
included within Ontario Regulation 389/19. That Regulation places restrictions on both the rider
and the equipment. There remains the concern that injury to a rider may occur in a collision with a
motor vehicle. This risk is similar to the risk associated with cycling.
BYL 01-23 February 27, 2023
Subject: Electric Kick Scooter By-law Page 3
Enforcement related to the use of e-scooters on roads is in the jurisdiction of DRPS. DRPS will be
required to enforce provisions related to sidewalk and roadway use, as such enforcement requires
the ability to stop riders and require them to produce identification. DRPS Officers have the legal
authority to do this, while Municipal Law Enforcement Officers do not. To assist DRPS in
enforcement, the attached draft By-law’s provisions for on-road use of e-scooters mirror the
provisions in the Region of Durham By-law. Municipal Law Enforcement Services will enforce the
use of e-scooters in parks under the authority provided in the Parks By-law 5495/09.
Implementing the draft By-law will provide the City an opportunity to evaluate the program along
with the Region of Durham and Province of Ontario. Should the Provincial program be extended,
another report will be provided to Council to outline any recommended changes. This will include
any concerns expressed by the public or trends that are observed.
This By-law would remain in force until the revocation of Ontario Regulation 389/19 or the
proposed end date of November 27, 2024. Should there be an extension to the program, the
termination date could be amended.
Attachments:
1.Draft E-Scooter By-law
Prepared By: Approved/Endorsed By:
Jason Litoborski, C.P.S.O. Paul Bigioni
(Acting) Manager, Municipal Law Enforcement Director, Corporate Services & City Solicitor
Services
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A.
Chief Administrative Officer
Original Signed By:Original Signed By:
Original Signed By:
The Corporation of the City of Pickering
By-law No. /23
Being a by-law to regulate the operation and use of electric
kick-scooters in the City of Pickering.
Whereas the Municipal Act, 2001, Highway Traffic Act and Ontario Regulation 389/19 allow
municipalities to regulate the use of electric kick scooters,
And Whereas the Council of the City of Pickering desires to allow the operation of electric kick-
scooters on municipal roadways;
And Whereas the Council of the City of Pickering desires to restrict the use of electric kick-
scooters on certain municipal property.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.Short Title
1.1. This By-law may be referred to as the “E-Scooter By-law”.
2.Definitions
In this By-law:
2.1 “boulevard” means all parts of a highway including the sidewalk, but excluding the
roadway and shoulder.
2.2 “cargo” means goods carried on an electric kick-scooter by putting them on a platform,
basket or container for carrying parcels or goods. Purses, backpacks or bags that are
safely and securely attached to the operator are not considered cargo.
2.3 “Chief of Police” means the Chief of Police of the Durham Regional Police Service or an
authorized representative.
2.4 “City” means the geographic area of the City of Pickering or The Corporation of the City
of Pickering, as the context requires.
2.5 “e-scooter” means an electric kick-scooter vehicle that has:
(a)two wheels placed along the same longitudinal axis, one placed at the front of
the kick-scooter and one at the rear,
(b)a platform for standing on between the two wheels,
(c)a steering handlebar that acts directly on the steerable wheel,
(d)an electric motor not exceeding 500 watts that provides a maximum speed of 24
kilometres per hour, and
Attachment #1 to Report BYL 01-23
By-law No. xxxx/23 Page 2
(e) a maximum weight of 45 kilograms (kg) and wheels with a diameter of more than
430 millimetres.
2.5 “highway” has the same definition as in subsection 1 (1) of the HTA.
2.6 “HTA” means the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended.
2.7 “multi-use pathway” means an in-boulevard path physically separated from motor
vehicle traffic for use by cyclists, pedestrians and other non-motorized users.
2.8 “official sign” means a sign required by or erected on behalf of any federal, provincial,
regional, or municipal government or agency thereof or board or commission or public
utility, including, but not limited to, signs designating hospitals, schools, libraries,
community centres, arenas or other public government uses.
2.9 “pedestrian” means,
(a) a person on foot;
(b) a person in a wheelchair; or
(c) a child in a carriage, stroller or play vehicle.
2.10 “Region” or “Regional” means the municipal corporation of The Regional Municipality
of Durham or the geographic area as the context requires.
2.11 “reserved bicycle lane” means those parts of the highway set aside for the use of
cyclists and designated by an official or authorized sign or by pavement markings.
2.12 “roadway” means that part of the highway that is improved, designed or ordinarily used
for vehicular traffic, but does not include the shoulder, and, where a highway includes
two or more separate roadways, the term “roadway” refers to any one roadway
separately and not to all of the roadways collectively.
2.13 “shoulder” means that part of the highway immediately adjacent to the roadway and
having a surface which has been improved for the use of vehicles with asphalt,
concrete or gravel.
2.14 “sidewalk” means those parts of a boulevard set aside for the use of pedestrians.
2.15 “vehicle” includes a motor vehicle as defined in the HTA.
Application and Interpretation
3.1 This By-law applies to the City of Pickering.
Prohibition
4.1 No person shall operate, or cause to be operated, or use an e-scooter on a highway or
any other property under the jurisdiction of the City unless:
(a) permitted by and in accordance with the provisions of the HTA and Ontario
Regulation 389/19, as amended;
(b) permitted by and in accordance with any applicable traffic by-laws; and
(c) permitted by and in accordance with the provisions of this By-law.
4.2 No person shall operate, or cause to be operated, or use an e-scooter on a highway
with a legal speed limit greater than 60 kilometres per hour, unless within a reserved
bicycle lane.
4.3 No person shall operate, or cause to be operated, or use an e-scooter where cycling,
skateboarding or rollerblading is prohibited.
4.4 No person shall operate, or cause to be operated any e-scooter on any sidewalk, trail,
park or multi-use pathway under authority of the City.
General Regulations
5.1 No person under the age of 16 years shall operate an e-scooter.
5.2 No person under the age of 18 years old shall fail to wear a helmet that complies with
the HTA when operating an e-scooter.
5.3 No person operating an e-scooter shall carry any other person thereon.
5.4 No person operating an e-scooter shall tow another person, vehicle or device.
5.5 No person operating an e-scooter shall attach himself or herself to another e-scooter,
vehicle or device for the purpose of being drawn or towed.
5.6 No person operating an e-scooter shall operate it in any position other than while
standing at all times.
5.7 No cargo may be carried on an e-scooter.
5.8 No person shall park or stop an e-scooter or permit an e-scooter to remain parked or
stopped on a roadway, shoulder, boulevard or any other public property in Pickering
unless authorized by the City of Pickering.
Safe Operation
6.1 The operator of an e-scooter shall keep a safe distance of at least one metre from
pedestrians and other users of the roadway or shoulder at all times and shall give way
to a pedestrian or bicycle by slowing or stopping where there is insufficient space for the
pedestrian or bicycle and the e-scooter to pass.
6.2 Where reserved bicycle lanes are provided on a highway, an e-scooter shall only be
operated in the reserved bicycle lane.
6.3 Where no reserved bicycle lanes exist on a highway where e-scooters are permitted to
operate, the operator of an e-scooter shall ride as close as practicable to the right-hand
curb or edge of the roadway or on the paved shoulder.
By-law No. xxxx/23 Page 4
6.4 No person shall operate an e-scooter within a crosswalk or pedestrian crossover, as
defined in the HTA.
6.5 Every e-scooter shall be equipped with a bell or horn which shall be kept in good
working order and sounded to notify cyclists, pedestrians or others of its approach.
6.6 When operated at any time from one-half hour before sunset to one-half hour after
sunrise and at any other time when, due to insufficient light or unfavorable atmospheric
conditions, persons and vehicles are not clearly discernible at a distance of 150 metres
or less, every e-scooter shall carry a lighted lamp displaying a white or amber light at
the front and a lighted lamp displaying a red light at the rear. The lamps may be
attached to the e-scooter or may be carried or worn by the operator on his or her
person.
6.7 No person shall operate or use an e-scooter in such a manner that it may harm, injure
or damage, either directly or indirectly, any person or property.
Enforcement
7.1 The provisions of this by-law may be enforced by a police officer pursuant to subsection
42(1)(h) of the Police Services Act, R.S.O. 1990, c. P.15.
Offences and Fines
8.1 Every person who contravenes any of the provisions of this By-law is guilty of an
offence.
8.2 Every person who is convicted of an offence is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
Effective Date
9.1 This By-law shall come into force on February , 2023 and shall be repealed on
the earlier of:
(a) the revocation of Ontario Regulation 389/19: Pilot Project – Electric Kick
Scooters; and
(b) November 27, 2024.
By-law passed this day of February, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk