San Diego’s Scooter Stupidity x Social Darwinism

Anybody else have bad City Councils? Well we do and it has become apparent they believe in Social Darwinism. There are two places in San Diego that have a dearth of e-bikes and scooters. One is downtown San Diego, where scooters compete for sidewalk space along with the homeless. The other is our local boardwalk in Mission Beach, which competes with the rest of humanity, primarily tourists, as the local fear for their life on the boardwalk.

Finally after lawsuits and protests our infinite and wise City Council decided to actually put in new scooter regulations. Mind you  that City and State laws are already in place.. but not being enforced... we do not know why, but we residents figure the fix was in.. some of our city council members and possibly the mayor are in collusion with Big Business or they have decided that San Diego is the New Wild West…

I have come to the conclusion that despite all the accidents our visionary and illustrious San Diego City Council Members decided that scooter use was a Darwinian concept, Survival of the Fit and since we have a huge housing crisis… why not whittle the population down.

But they had to react if they want to get re-elected ergo, we have new and almost useless scooter- e-bike rules and regs. Big Business and Population control wins over the safety of residents… What other reason could they have?

Social Darwinism is ‘the theory that individuals, groups, and peoples are subject to the same Darwinian laws of natural selection as plants and animals’ So when a mother boards a scooter with a newborn in a backpack on a scooter, when a Father double rides with a 3 year old, when a drunk and his friends go hot-dogging down a crowded boardwalk, when several scooters joy ride down the middle of a street, they are begging to get hurt.

49 States have helmet laws for minors to wear helmets on bicycles.. you will never see a minor wearing a helmet on a scooter here in San Diego, which is more dangerous than a bicycle. Ergo, parents are not being responsible for their kids. (See Bicycle Helmet Laws)

This was the message we received from our local and newly elected City Council Member Jennifer Campbell;

Council member Campbell’s Comments on Today’s Scooter Vote (My comments in RED)

At Council today, the City Attorney’s office stated that we could not consider a ban of electric scooters, e-bikes and other dockless options on our boardwalk this afternoon, a ban I support. The reason for the City Attorney’s decision was because a potential ban wasn’t “noticed” when the item was docketed, it couldn’t be a part of the vote today. (UGH???? WHAT DOES THIS MEAN? How could you not notice?… how could they not be dealing with this?) However a ban can come forward for a vote at a future date. (After more wasted taxpayer resources? More lawsuits? More deaths? ) Thus, while the rules approved by Council do not go as far as I would like, I’m happy to see some level of regulation and enforcement added to our municipal code. This gives us a baseline of information to work off of and will allow us the opportunity to revisit these regulations at Council, and consider a ban, at a future Council meeting. (Baseline??? There are more than enough statistics on injuries to get a baseline) Finally, to the many D2 residents that came to City Hall today, thank you for providing the Council with your perspective and experiences and know that I will continue to fight for our beach communities.

At the end of the day this is a good starting point,” said City Councilman Scott Sherman. “It’s not going to be where we end up. (it took 2 years to get a weak resolution and how many more lawsuits and deaths do you need? a starting point?? Starting July 1 in which half the summer is over) … The fact that both sides probably aren’t totally happy with what is happening here today means we probably have a fairly good deal somewhere in the middle.” (The only ones not happy are Bird, LYFT, Lime, Uber/Jump… the billion $$$ companies.) (Scott Sherman, City Council member) 

While I can see riders have signed off responsibility for their injuries, but who really pays? The taxpayer cost of police, fire department, Paramedics and hazemat teams when blood is drawn…. But this might be a good thing for those who have investments in any Healthcare company… which apparently it appears that our City Council does.

• E-scooter injuries have generated $1.4 million in hospital costs, Baylor Scott & White says.. in another study in Dallas, Texas riders aren’t wearing helmets and that injuries have generated more than $1 million in hospital costs since scooters landed in town last year. (source)
• Dallas: Arlington man racks up nearly $1 million hospital bill after scooter accident An Arlington man will now have lasting health effects following a nasty rental scooter accident in Deep Ellum that resulted in a near $1 million hospital bill. (Source) …
• (Arizona) The aftermath: $6,500 in medical bills and three months of recovery — and counting.( Source)

As you can see from the gobbly-gook above, what kind of City Council we have… because basically we residents have been thrown under the e-bike.

It is interesting to note that the same day as an e-scooter protest in Mission Beach,  the San Diego lifeguards had to triage a teenager who fell off a scooter that she was riding with a friend… 2 laws and possible 3 laws broken here.. NO Ticket.

Also in April- May  

• A 46-year-old woman was hospitalized with a fractured femur after she glanced down at her cellphone’s GPS map and crashed the electric scooter she was riding in the Mission Hills area, police said.
• OB social media has a report of a senior OBcean who was badly injured by a scooter, whose rider just kept on going. He was forced to walk home, bleeding. And now he has a long recovery road ahead of him…

The 5-year-old and his mother were riding a rented scooter southbound Tuesday night in the outside, northbound lanes in the 3000 block of Riverside Drive, police said. Neither was wearing a helmet when a Honda Civic collided with the scooter, killing the child and leaving the mother with minor injuries. (Oklahoma) 

• Hours earlier on Saturday night, a 39-year-old man sustained a life-threatening injury when he fell off his scooter on the Mission Beach Boardwalk near Belmont Park, the SDPD said…

• A 55-year-old bicyclist was injured Tuesday when he collided with a man riding a dockless electric scooter on the boardwalk in Mission Beach, police said…

• A 62-year-old man fractured his neck Sunday afternoon when he lost control of his scooter on the 3800 block of Bayside Walk, near Mission Bay Sport center, according to the San Diego Police Department.

• The City of San Diego is facing a lawsuit filed by a disabled man who said he was injured when teenagers on an electric scooter lost control and caused a bicyclist to slam into his wheelchair on the boardwalk in Pacific Beach last July. (PB Monthly)

• Woman Murdered by a Scooter A woman was attacked and beaten to death with an electric scooter

Here they are: The New Scooter Rules 

Speed: New speed limit for scooters and e-bikes goes from 15 MPH to 8 MPH to 3 MPH in some zone in high traffic zones.

• They are supposed to use Geo-Fencing to control the speed. According to Lime bike, geo fencing is not 100% accurate…
• There is nobody to enforce these laws. Police cannot radar them and give them a ticket.
• No way to give a ticket or cite a vehicle because there is not registration number on them.
• No way to give ticket or cite a person because how many of them actually carry a wallet in a bikini?
• How can you cite a 6 year old (illegal) ?
• Scooter and bike companies said that privacy laws exclude them from identifying individuals that break. UM.. I wonder if that is my next defense if every get stopped by a police officer in my car.. No officer.. giving you my drivers license effects my privacy issue. I wonder how many of these riders are on Facebook.. talk about privacy issues.
• How is the user to know what a high traffic area is? There are NO Rules and regs posted on our streets .

Parking or Staging: Scooters are banned from parking ‘near’ hospitals, schools, boardwalks and Petco Park.

• With some 10,000 scooters and e-bikes on the road, how are they going to prevent this?
• In downtown San Diego Birdmen and Lime-men will not be able to stage bikes on sidewalks. At the beach, where we have even less sidewalks, the are only allowed to be staged in groups of four with 40 feet in between. Think about this there are an average of 800 e-vehicles in 1 mile.. every 40 feet there will be 4 e-bikes, blocking driveways and sidewalks.
• The City is setting up Corrals for staging, but that is only in the am, what about all day long?
• The Rider will be limited by geofencing in their parking, so bikes are not laying in the middle of the street. I can tell you that is NOT going to happen.
• As one person said ‘What an incredible bargain……for the companies that operate these machines! Imagine all you business owners, $150 to store your inventory on the sidewalks we pay taxes much greater on.’

Education; The companies are to start a public education program.

• How many people really read the fine print?
• You can’t fix stupid. A pregnant lady on a scooter? A man carrying a baby on a scooter? Triple riding on a scooter?

When asked about keeping scooters off sidewalks using geofencing, the scooter companies now confess that GPS is not accurate enough to distinguish between a bike lane and sidewalks. So they can’t keep them off our sidewalks. And privacy laws keep them from identifying individual riders who break the law. And still the idiots on the city council voted them to continue operation. Unbelievable. (Seen on the blogs) 

Payment Per device fee is $150 per year and a 6 month permit of $5.141. Insurance: Operators will be required to indemnify the Cit from liability and to hold a $2 million per occurrence, $4 Million aggregate and $4 Million umbrella insurance policy. Performance Bond:Operator required to pay a ”Safety Deposit’ of 465 for each device to be held in case the company is no longer in business.

Data Sharing: Data has to be shared with the City of San Diego

Impounding: Cities must retrieve their vehicles from City Property within 3 hours of being notified that devices or inoperable or improperly parked. Vehicles not picked up within 3 hours can be impounded at the cost of $65 per device and $1.00 per day.

• Nobody is going to pick these up. We do not have the manpower to pick up 1,000 of scooters daily. It is a moot issue.
• Relying on residents to report to GET IT DONE, which is a pretty ineffective site, judging by the lack of response one gets on reporting on potholes and broken lights.

Here are the issues: 

1.) Enforcement: They can’t even enforce any laws now and we know they are not going to enforce any of these laws. They have NO MONEY, yet, they will rely on ‘California Grants to cover Enforcement Costs, and and will use Volunteer Officers to work Overtime’ to provide this “So Called Enforcement” . This will of course increase our cost as well.

• We will be reliant on volunteers.. Brilliant way to run a city.. relying on volunteers….
• Again relying on Residents have to report this though San Diego’s, Get IT Done website.. Not going to happen. You come home after work, have 3 scooters blocking your garage/parking, you move, come in, report it at 6ish pm.. Nobody is manning the website, get it done, they are NOT going to come out and pick up 3 e-bikes. They can’t even fix a streetlight for 6 months.

2.) Controlling Minors: One of the Issues not Addressed is Minors using Scooters. There is a Rule about Swiping a Drivers License per Scooter to help keep Minors from using them, since it can only be used once per rental… Seriously they could swipe that same Drivers License in three different Brands on Scooters, and the Adult and Minors are Good to GO ! (Heard on the blogs)

3.) Property Damage: Did you know if a person or a scooter crashes into your property and damages it.. you are responsible. Not the E-vehicle company and not the rider. What happens if it occurs at 2 am and the rider flees?

• The companies have indicated NO RESPONSIBILITY for what the riders do. I talked to Bird a few months back when I found two scooters behind my van at my residence. They made it very clear they are not responsible for the actions of the riders and will not accept liability. I do not believe this issue has been discussed in public between council and the operators. (seen on the blogs)

4.) Starting Time: July 1, the summer is half over. In fact due to Short Term Vacation Rentals, we really don’t have a down time. It is busy all day, everyday.

5.) No cap on number of vehicles or companies. In face they can increase the site of their fleets by 20%.

6.) No Specific Rules on Age Limits, Children Riding

7.) No Specific Rules on Helmets For Underage 

8.) No Specific rules on Double Riding

9.) No Specific Rules on Drivers License 

10.) No Specific Standards on Types of Scooters and E-vehicles

11.) No New Signage on roadways, boardwalks, sidewalks and streets

12.) No fines for environmental damage from broken bikes and recycling the batteries.

13.) No fines for illegal dumping which is $1000 fine in San Diego.

14.) No Rules for Speeding.

15.) If ticketed, most of the tickets are from tourists, how easy is that going to be to collect? 

16.) No Rules about Drinking and Drugs on Scooters 

Scooters are a product that takes skills to ride.  These companies have no person explaining how to properly use them, or check to see if the rider is too heavy, impaired,  or has sufficient balance to ride them.  They also don’t seem to be checking the age of the rider, or how many will be riding one scooter.  (seen on the blogs)

Resources 

• ScootersBehavingBadly
• BirdGraveyard, have sprung up to document hatred of scooter sprawl.
• Pedestrian Safety VS Scooters 
• Class Action Lawsuit 
• Spotlight on E-Scooters and Insurance 

For the Record:  California Vehicle Code Sections

(Dockless bikes) 21210.
No person shall leave a bicycle lying on its side on any sidewalk, or shall park a bicycle on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic. Local authorities may, by ordinance or resolution, prohibit bicycle parking in designated areas of the public highway, provided that appropriate signs are erected.

• This is not going to happen. When you have over 1000 scooters and ebikes in small areas with limited parking, not going to happen. It is said we have over 20,000 e-vehicles in San Diego alone. That is not counting the privately owned vehicles.
• In addition, how are they going to enforce it?

(Scooters) 21221.
Every person operating a motorized scooter upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which, by their very nature, can have no application.

(Scooters) 21221.5.
Notwithstanding Section 21221, it is unlawful for any person to operate a motorized scooter upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood or breath for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to subdivision (d) of Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250).

(Scooters) 21223.
(a) Every motorized scooter operated upon any highway during darkness shall be equipped with the following:

(1) Except as provided in subdivision (b), a lamp emitting a white light which, while the motorized scooter is in motion, illuminates the highway in front of the operator and is visible from a distance of 300 feet in front and from the sides of the motorized scooter.

(2) Except as provided in subdivision (c), a red reflector on the rear that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.

(3) A white or yellow reflector on each side visible from the front and rear of the motorized scooter from a distance of 200 feet.

(b) A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front and from the sides of the motorized scooter, may be used in lieu of the lamp required by paragraph (1) of subdivision (a).

(c) A red reflector, or reflectorized material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of the reflector required by paragraph (2) of subdivision (a).

(Scooters) 21224.
(a) A person operating a motorized scooter is not subject to the provisions of this code relating to financial responsibility, registration, and license plate requirements, and, for those purposes, a motorized scooter is not a motor vehicle.

(b) A motorized scooter is exempt from the equipment requirements in Division 12 (commencing with Section 24000), except for Sections 24003 and 27400, Article 4 (commencing with Section 27450) of Chapter 5 of Division 12, and Section 27602.

(c) Notwithstanding subdivision (b), any motorized scooter may be equipped with equipment authorized by Division 12 (commencing with Section 24000).

(d) Any motorized scooter equipped with lighting equipment that is authorized by Division 12 (commencing with Section 24000) shall meet the lighting requirements in Article 1 (commencing with Section 24250) of Chapter 2 of Division 12 for that equipment.

(Scooters) 21225.
This article does not prevent a local authority, by ordinance, from regulating the registration of motorized scooters and the parking and operation of motorized scooters on pedestrian or bicycle facilities and local streets and highways, if that regulation is not in conflict with this code.

(Scooters) 21227.
(a) A motorized scooter shall comply with one of the following:

(1) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied.

(2) Operate in a manner so that the motor is engaged through a switch or mechanism that, when released, will cause the electric motor to disengage or cease to function.

(b) It is unlawful for a person to operate a motorized scooter that does not meet one of the requirements of subdivision (a).

(Scooters) 21228.
Any person operating a motorized scooter upon a highway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or right edge of the roadway, except under the following situations:

(a) When overtaking and passing another vehicle proceeding in the same direction.

(b) When preparing for a left turn, the operator shall stop and dismount as close as practicable to the right-hand curb or right edge of the roadway and complete the turn by crossing the roadway on foot, subject to the restrictions placed on pedestrians in Chapter 5 (commencing with Section 21950).

(c)     (1) When reasonably necessary to avoid conditions, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes, which make it unsafe to continue along the right-hand curb or right edge of the roadway, subject to Section 21656.

(2) For the purposes of paragraph (1), a “substandard width lane” is a lane that is too narrow for a motorized scooter and another vehicle to travel safely side by side within the lane.

(d) Any person operating a motorized scooter upon a highway that carries traffic in one direction only and has two or more marked traffic lanes may operate the motorized scooter as near the left-hand curb or left edge of that roadway as practicable.

However, when preparing for a right turn, the operator shall stop and dismount as close as practicable to the left-hand curb or left edge of the highway and complete the turn by crossing the roadway on foot, subject to the restrictions placed on pedestrians in Chapter 5 (commencing with Section 21950).

(All) 21229.
(a) Whenever a class II bicycle lane has been established on a roadway, any person operating a motorized scooter upon the roadway shall ride within the bicycle lane, except that the person may move out of the lane under any of the following situations:

(1) When overtaking and passing another vehicle or pedestrian within the lane or when about to enter the lane if the overtaking and passing cannot be done safely within the lane.

(2) When preparing for a left turn, the operator shall stop and dismount as close as practicable to the right-hand curb or right edge of the roadway and complete the turn by crossing the roadway on foot, subject to the restrictions placed on pedestrians in Chapter 5 (commencing with Section 21950).

(3) When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.

(4) When approaching a place where a right turn is authorized.

(b) No person operating a motorized scooter shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal in the manner provided in Chapter 6 (commencing with Section 22100) in the event that any vehicle may be affected by the movement.

(Scooters) 21230.
Notwithstanding any other provision of law, a motorized scooter may be operated on a bicycle path or trail or bikeway, unless the local authority or the governing body of a local agency having jurisdiction over that path, trail, or bikeway prohibits that operation by ordinance.

(Scooters) 21235.
The operator of a motorized scooter shall not do any of the following:

(a) Operate a motorized scooter unless it is equipped with a brake that will enable the operator to make a braked wheel skid on dry, level, clean pavement.

(b) Operate a motorized scooter on a highway with a speed limit in excess of 25 miles per hour unless the motorized scooter is operated within a class II bicycle lane.

(c) Operate a motorized scooter without wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212.

(d) Operate a motorized scooter without a valid driver’s license or instruction permit.

(e) Operate a motorized scooter with any passengers in addition to the operator.

(f) Operate a motorized scooter carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars.

(g) Operate a motorized scooter upon a sidewalk, except as may be necessary to enter or leave adjacent property.

(h) Operate a motorized scooter on the highway with the handlebars raised so that the operator must elevate his or her hands above the level of his or her shoulders in order to grasp the normal steering grip area.

(i) Leave a motorized scooter lying on its side on any sidewalk, or park a motorized scooter on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic.

(j) Attach the motorized scooter or himself or herself while on the roadway, by any means, to any other vehicle on the roadway.

San Diego Municipal Code

§63.0102 – Use of Public Parks and Beaches Regulated
(b) It is unlawful for any person within any public park or plaza or public beach or beach areas within the City of San Diego to do any of the acts enumerated in Section 63.0102(b).

(14) Solicitation. It is unlawful to practice, carry on, conduct, or solicit for any trade, occupation, business or profession without the written consent of the City Manager

(19) Bicycles. It is unlawful to ride a bicycle except: (1) where posted to authorize bicycle riding; or (2) on any designated bikeway; or (3) on any road designated and established for automotive traffic; or (4) on paved and unpaved park roads used as fire or service roads by authorized motor vehicles unless otherwise posted. Motorcycles or any other motorized vehicles are prohibited except on roads designated and established for automotive traffic.

§63.20 Beach Areas — Authority and Control
(a) The Park and Recreation Department of The City of San Diego shall have jurisdiction and control over all beaches owned or controlled by The City of San Diego and all waters abutting or adjacent thereto within the limits of The City of San Diego, and of all lands heretofore and hereafter owned or controlled by the City, adjoining the waterfront of the Pacific Ocean and the waters of Mission Bay, and it shall be responsible for the control and management of said beaches and lands, and waters abutting or adjacent thereto, and of the recreational activities thereon and therein.

• Why is our City Council making these rules when it is under the jurisdiction of the Park and Rec department?

(b) In the following sections dealing with the same subject, wherever the context thereof shall permit, the term “beach area” shall mean any beach or land and the waters abutting or adjacent thereto under the jurisdiction and control of the Park and Recreation Department, as set forth in paragraph (a) of this section.

§63.20.20 Sale or Rental of Merchandise, Goods, Property, Etc. Prohibited; Exceptions
It is unlawful for any person, firm or corporation to attempt to carry on or to carry on any commercial operation, to rent or sell merchandise of any kind, or to beach or moor any vessel for the purpose of displaying it for rental or sale, in any beach area, as defined in Section 63.20, including Mission Bay Park, unless licensed or otherwise specifically permitted to do so by the Director. This is specifically intended to include a commercial operation which involves delivering merchandise, a rental item, or a service to a beach area whether or not a financial transaction takes place within the beach area. Lessees and others who carry on a commercial operation under the terms of a formal agreement with the City are exempt from this section. Commercial fishers are permitted to use beach areas provided that their activity does not interfere with recreation.

If advertising of any kind, other than incidental advertising permanently affixed to the side of a vehicle, is displayed in the beach area, it shall constitute prima facie evidence that the actions of the person or persons, firm or corporation responsible for introducing said advertising within the beach area violate this section.

§ 54.0110 Unauthorized Encroachments Prohibited
It is unlawful for any person to erect, place, allow to remain, construct, establish, plant, or maintain any vegetation or object on any public street, alley, sidewalk, highway, or other public property or public right-of-way, except as otherwise provided by this Code.

§54.0105 Sidewalk Sales and Displays Prohibited
(a) Except as provided in Section 54.0105(b) and (c), it is unlawful for any Person to place, or allow to remain, any goods, wares, baggage, personal property or merchandise on any sidewalk or curb, between the outer edge of the sidewalk or curb and the property line.

(b) Section 54.0105(a) does not:

(1) prohibit any Person from loading or unloading goods, wares, or merchandise in front of the Person’s place of business;

(2) prohibit any Person from leaving any goods, wares or merchandise on any sidewalk for the length of time necessary for loading or unloading them;

(3) prohibit any Person from loading or unloading attended baggage or personal property into or from a means of transportation.

(c) A sidewalk sale may be permitted in a Special Event Venue pursuant to a Special Event Permit issued under Chapter 2, Article 2, Division 40 of this Code.

Remember those guys impounding scooters? Lime and Bird are suing them

https://www.10news.com/news/local-news/man-injured-in-mission-beach-scooter-crash

http://www.cbs8.com/story/40241527/uc-san-diego-trauma-surgeon-says-number-of-scooter-injuries-increasing

https://www.kusi.com/more-san-diego-accidents-involving-dockless-scooters/

https://www.sandiegouniontribune.com/news/public-safety/story/2019-04-06/bird-pulls-repairs-in-house-as-concerns-mount-about-faulty-dockless-scooters