HomeMy WebLinkAboutBy-law 7992/23The Corporation of the City of Pickering
By-law No. 7992/23
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
By-law No. 7992/23 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.
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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 , 2023 and shall be repealed on This By-law shall come into force on February 27th
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 27th day of February, 2023.
Original Signed By________________________________
Kevin Ashe, Mayor
Original Signed By________________________________
Susan Cassel, City Clerk