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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. By-law No. 7992/23 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 , 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