Kids should be able to enjoy the use of electric scooters and e-bikes, but at what age is that reasonable? That was the dominant question during a public work session of the borough assembly on June 24 at City Hall.

The assembly considered two different age limits: The proposed ordinance from May 27 that would have required e-scooter and e-bike users to be a minimum of 14 years old; and a revised ordinance that would set the minimum age at 12.

The assembly faced strong community pushback to the 14-year-old minimum during the May 27 meeting and scheduled the work session to consider alternatives.

The assembly will consider the proposed ordinance with the 12-year-old minimum later this month, with introduction on July 8 and then a public hearing and possible vote on July 22.

Under the revised proposal, riders would need either a state driver’s license or learner’s permit — not available until age 14 — or a borough-issued permit available at age 12.

The proposed ordinance would ban riders from schools, parks, playgrounds, trails, sidewalks, docks, the golf course, cemeteries, the Mariners’ Memorial and other public spaces, and helmets would be required for riders under 18.

Borough Manager Mason Villarma noted there currently is no statutory provision in state or municipal law regulating the use of e-scooters and e-bikes, and the borough position must be considered from a liability standpoint.

According to Police Chief Gene Meek, the revised ordinance would include an education component where children without a state license or permit would be taught and tested on their knowledge of traffic laws.

“I will require a written exam and a skills test before issuing a borough certificate,” Meek explained. “The written exam is the easier evaluation tool, but I want to make sure we do not have any ‘death wobbles’ or ‘tank slappers’ while leaving the parking lot. So a basic skills test to demonstrate an elementary level of competency would be required.”

There was some pushback on June 24 over the new proposal for a 12-year-old minimum age.

Angela Allen testified to the assembly that her 10-year-old daughter was recently commended publicly on social media by Police Chief Gene Meek regarding her conscientious observance of all traffic safety rules while on an e-scooter.

“My daughter is very responsible, and she is able to use the e-scooters to go to different locations and meet with her friends,” Allen testified. “I believe that we, as a community, can come up with something reasonable as far as teaching kids to follow the rules of the road and obey speed limits.”

Allen’s daughter, Caroline, then testified and reasoned that e-scooters are necessary because some parents are unable to take their children around town.

“Have you personally told other kids your age to cool it, and to follow the law on the e-scooters?” Mayor Patty Gilbert asked of the youngster.

“Yes, I have,” Caroline answered.

Some assembly members said they liked the revised ordinance better than the original one.

“I know the age restriction is difficult,” Assembly Member David Powell remarked. “At age 18 you can serve in the military and fight for your country, but you can’t drink a beer. That stinks. The age thing isn’t easy, but you have to start somewhere.”

Powell went on to explain that he had a close call and narrowly avoided a traffic collision with a child on an e-scooter.

“When something like that happens, it’s scary,” Powell noted. “If nothing changes, then a child will get hit. And when that happens, it’s going to hurt this community badly.”

Assembly Member Phillip Mach said he likes the idea of a child obtaining a permit for operation of an e-scooter, and he believes that training/educating the children will be effective.

“I also want to say, this may not be popular with some people, but I think the age limit should be 10 instead of 12,” Mach stated. “We have proof that a 10-year-old can be responsible and follow the traffic laws.”

Villarma said at the June 24 work session that he needs to hear from assembly members if there are other changes they want to incorporate into the revised ordinance, which will be introduced at the July 8 meeting.