There you go.

Okay, now we have to call this meeting to order the city council and formal session.

And the mayor will be here.

He uh is a state of the region, and he's just gonna be a little bit late.

And then uh council lady Rouse uh and Council Lady Henley both have some family matters this afternoon, but they feel like they're gonna be here for the same meeting.

With all of that being said, Mr.

Manager.

All right, Mr.

Madam Vice Mayor, members of the city council.

Just want to note that um there's been a change to the schedule.

The Army Corps of Engineers was um projected to present today to give the city council no public an update on the coastal store risk management project.

Well, however, this are the furloughs, they haven't they're not able to make it here today.

Um please note that LG and we will work to brief you all probably in one on one meeting before the Army Corps takes on their public meetings on this in December.

But the Army Corps was not able to attend due to the furloughs.

The first presentation that council will receive today will be from city staff regarding e-bikes and its impacts in the community.

The presentation will be led by um very director, Brett Kenby, and we'll have to support it with the attorney's office as well as the police department to answer any questions.

Well, good afternoon, Madam Vice Mayor, members of council, Mr.

City Manager, and Mr.

City Attorney.

Uh appreciate the opportunity to be here with you all today.

Uh as the city manager mentioned, I'm joined by Donna Hernandez from the uh city attorney's office and Brad Wessler from the Virginia Beach Police Department who assisted in putting together this presentation and will uh likely answer the bulk of your questions.

I'm just gonna throw them to them.

So today's presentation will walk you through the Virginia code sections that govern e-bikes, uh, go through the local code sections, we'll talk a little bit about some of the enforcement challenges, show you some of the awesome things that our communications police and parks teams are doing in this space already to improve safety, and then go over a few recommendations and options.

Uh at the conclusion of today's presentation, we are seeking your guidance on how you would like to proceed with amending the local code sections using existing authority, and then uh what new authority you would like to seek from the General Assembly, if any.

Uh, as you will see, the Commonwealth does provide some uh some limited authority to restrict where e-bikes can operate, but they do not provide authority to ban them or to keep them off local roads or out of local parks.

Um so we uh you know we all know that community concerns surrounding e-bikes are on the rise and mostly center around safety.

And while we don't have hard data to back it up, we're all hearing from constituents that there is an increase in both the number of accidents and the severity of those accidents.

And we've heard about concerns over how e-bikes are interacting with our community, weaving in and out of people walking on paths, trails, and the boardwalk and on streets raising concerns for motorists.

Uh so the first section of our presentation will walk us through how the code of Virginia governs e-bikes.

In 2020, the Commonwealth adopted what is widely considered to be model legislation.

Forty-one states in total have adopted this legislation in some form or another.

Uh the basic premise of the legislation is that it treats e-bikes the same as a typical bike.

It requires that manufacturers place a label on the bike that includes the bike class, top speed, and motor wattage, which we'll discuss here in a second.

So uh the Virginia Code defines uh an e-bike as a vehicle with no more than three wheels that has pedals for propulsion and an electric motor with an input of no more than 750 watts.

That's 750 watts number is important to keep in mind.

The code goes on to categorize uh e-bikes into three separate classes.

Class one, the motor only works while pedaling and has a top assisted speed of 20 miles an hour.

So that means the while you're pedaling, the motor will operate, but once you reach 20 miles an hour, the motor shuts off.

Class two, the bike contains a throttle that'll propel the bike even while not pedaling, and has a top assisted speed of 20 miles per hour.

So again, it'll shut off at 20.

And then the class three, the motor only works while pedaling and has a top assisted speed of 28 miles per hour.

Um so the model legislation requires all operators of a class three e-bike to wear a bike helmet at all times.

It says that e-bikes can be ridden in places where a typical bike is allowed, but it provides three options for local government to make an exception.

And you'll see those three options here in orange.

And I highlighted them in orange because this are this is an area where we are not currently utilizing this authority.

And you'll see on the next slide, there's a couple more things in orange.

So the code allows a locality to prohibit the use of a class one and class two e-bike on shared use paths, but requires a public hearing and requires that such restriction be necessary for public safety or compliance with other laws.

But it allows a locality to prohibit the use of a class three e-bike on a shared use path without a public hearing or without any other reason.

And it allows a locality to prohibit the use of any e-bike on a city-owned trail.

Again, no public hearing is required for their uh for regulating e-bikes on a trail.

So there's just this distinct difference between a shared use path and a trail, and then uh what type of class the bike is.

Um there are other uh sections that govern e-bikes.

Most of these govern e-bikes and regular bikes and other kind of small motorized vehicles, all in the same manner.

So uh the Virginia Code allows localities to require anyone 14 and under to wear a helmet, which we're doing that currently.

Uh 46.2-903 uh specifically permits e-bikes to ride on a sidewalk along with other bikes and other motorized vehicles.

But 904 allows a locality to prohibit e-bikes on sidewalks.

Um specifically requires there to be signage placed in the areas that are prohibited.

Um the code sets a minimum age for driving a class three e-bike without supervision of an adult.

Uh, they set that age at 14.

So if you're under 14, you're not allowed to drive a class three e-bike without somebody supervising you who is 18 or older.