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Council to consider pulling plug on scooters

By Stephi Smith [email protected]

Ward 5 Councilman Mark Schwartz wants to rid Jefferson City of Bird scooters, even if he said his children call him lame.

At the Public Safety Commission meeting Thursday, Schwartz said the company has violated at least half of the terms listed in the license agreement the city signed in 2021.

The council will vote June 5 whether to attempt to terminate the contract with Bird.

Section 7.2 of the licensing agreement states the “City may suspend or terminate this Agreement at any time if City finds, in its sole discretion, that Company’s Shared Active Transportation Operation is not in the best interest of the health, safety, or welfare of City residents and visitors.”

The contract states that Bird is solely responsible for the scooters and its riders. According to the contract, the scooters must be parked upright and can’t be parked in the street or impede access to parking zones, benches, driveways and bus stops.

City Attorney and interim City Administrator Ryan Moehlman said he and Mayor Ron Fitzwater have reached out to a Bird representative. The three of them discussed the city’s concerns about Bird not following or enforcing the licensing agreement.

The representative told Moehlman there will be somebody from Bird at the June 5 council meeting to address these concerns.

“Bird is not in violation of our agreement with Jefferson City,” Bird representative Alana Morales said in an email Friday to the News Tribune. “We work closely with our government partners on ways to address any concerns, while still providing safe and efficient micromobility transportation options.”

Prior to the conversation between Moehlman, Fitzwater and the Bird representative, the city had not reached out to address any safety and compliance concerns, Bird officials said.

Police Chief Eric Wilde said he looked into service calls from the past year regarding Bird scooters. He said there haven’t been many reported accidents, primarily people calling to complain that a rider is not abiding by traffic laws.

“The overall appearance is dangerous, I guess, to a lot of folks,” Wilde said. “We haven’t had a lot of calls for service related to accidents.”

The scooters’ speed limits are capped at 15 mph so they can legally be used in bike lanes. A beginning bicyclist will travel about 12 mph. Bird recommends to ride slower on uneven ground.

The scooters were originally introduced two years ago when the city was encouraging residents to find and use different forms of travel.

The scooters are inactive between 11 p.m. and 4 a.m. each night and on days where inclement weather is anticipated.

Ward 1 Councilman Jack Deeken said he’s seen maybe one or two adults on a Bird scooter when he drives around town.

He’s never seen an adult use the scooter to go to the store. What he sees are young kids having fun, especially after 8 p.m.

“I don’t have any problem with it,” Deeken clarified. “I’m not against having fun, but that’s just my observation. I don’t see it as an alternative transportation.”

Schwartz, who once called scooters left haphazardly on sidewalks and parking lots an eyesore, agreed to consider a compromise as suggested by Ward 2 Councilman Aaron Mealy — to relocate the scooters instead of removing them entirely.

Mealy proposed the city attempt to keep the scooters in the parks at night and keep them further from busy streets and the downtown area. Mealy said he expects the scooters to make their way back but doesn’t see that as reason enough to end the contract.

“Anything you bring into town that’s good for the community is always gonna have problems,” he said.

The contract does have a provision that could penalize Bird for placement of scooters.

The contract states the city can impound the scooters, store them essentially anywhere and then charge Bird a penalty of $100 for each scooter. Bird would have 24 hours to collect the scooters or pay $50 a day in storage fees. The company would then also be forced to pay a performance bond to keep the contract eligible.

That provision of the contract has not been used.

Schwartz said he’s not trying to make the law dictate how residents can spend their free time and he’s worried more about safety.

“If my 12-year-old get hits by somebody and gets hurt, that’s on us for not recognizing that these things are being used in violation of the contract,” Schwartz said.

Moehlman said in an email that the city would not be liable for injuries that could occur by use of a Bird scooter.

Schwartz wasn’t so sure.

“We all know how insurance works,” he said. “What’s the limit?”

He wondered if somebody were to get hurt and need hospital care if Bird would cover the entire thing.

Bird’s website promises that safety is the company’s “number

one priority.” It says Bird has partnered with insurance providers to cover bodily injury and property damage sustained by riders caused by Bird scooters.

According to Moehlman, local contractors that Bird hires collect and charge the scooters overnight. He does not know how many contractors Jefferson City has because the city works directly with one contact from Bird.

Bird hires chargers who collect the scooters and drop them off at a “Bird Nest,” or charging facility.

The company’s website says that, on average, a charger will earn $5 per charged scooter. Chargers have to be 18 years old or older and own a vehicle that can fit at least three scooters. Bird supplies, but charges $30, for three scooter charging cables.

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2023-05-28T07:00:00.0000000Z

2023-05-28T07:00:00.0000000Z

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