Estes Park board weighs helmet rule for riders 16 and under

Estes Park town board members reviewing proposed micromobility code changes at a Nov. 10 study session heard a draft that would require anyone 16 or younger on an e-bike or other micromobility device to wear a helmet.

Staff outlined the draft's rules for riders on trails and sidewalks, which would require an audible warning when overtaking pedestrians. The draft would also make it unlawful to operate a device recklessly or at an unsafe speed for conditions such as pedestrians, traffic, weather, visibility, congestion or surface conditions, regardless of the posted speed limit. Designated downtown dismount areas on sidewalks and trails would expand, including sidewalks along Elkhorn and Moraine to the roundabout, but on-street access would not change.

Staff also presented a proposed permit for commercial utility service carts. The permit would cost $50 per cart per year, and carts would display a town-issued decal. Electric- or gas-powered carts could travel at a maximum of 8 miles an hour during daylight hours on designated shared-use segments approved by the town. Permits would cover housekeeping, janitorial services, linen transport and maintenance support, but carts could not carry visitors or guests.

Staff said helmet use reduces the probability of brain injury by about 60 to 80%. Trustee Chris Eshelman questioned how officers could enforce the parent-related part of the helmet rule, saying it "seems like a hard thing for law enforcement to try and actually track down." A police department representative said officers could readily tell whether a rider was wearing a helmet, but that determining a rider's age could be harder, and added that the school resource officer knows many of the local students.

A speaker at the meeting urged the town to use broad, behavior-based guidelines that would let officers judge whether a rider created a hazard for motorists or pedestrians. The police department representative said careless- and reckless-driving statutes could provide a model for a municipal rule on dangerous micromobility behavior, subject to discussion with the town attorney.

Trustee Frank Lancaster said a state reckless-driving statute under the Model Traffic Code might apply to bicycles, and that a municipal-code provision could make enforcement and prosecution easier in some situations. Trustee Jamie Mieras supported keeping the helmet requirement in the proposal while favoring broader behavior rules.

Mieras also questioned whether the proposed rules could be enforced in a way that changes behavior. She said code enforcement has been a challenge for the community and its staffing, and that she has "the big question mark over my head" on the point.

The police department representative said much of the rec district is in unincorporated Larimer County, where town officers cannot issue citations under the municipal code. Mieras urged the town to work with schools, the rec district, Larimer County and businesses on outreach and implementation. She said she had heard about students leaving school and going into places such as Stanley Park, where issues can happen.

Mayor Gary Hall said he favored starting with the proposed helmet requirement for riders 16 and younger, while leaving open the possibility of expanding it later. He said reflective gear, such as lights, tape or a vest, should be considered, particularly for dusk and after-dark riding. "I think the reflective gear is probably more useful," Hall said. He added that it could also help in rain or dark skies.

The police department representative said the department had distributed flyers through schools and local businesses, held a Coffee and Tea at the PD event on the topic and had Officer Mazzola conduct outreach at schools. The representative said the department had focused on education and warnings during the year and that it might be time to begin issuing tickets. Staff said the police department would take part in outreach when micromobility use increased again with the next season.

Staff said the service-cart application details and decal design had not yet been worked out. Staff said the proposed 8-mile-an-hour limit came from other policies, was somewhat arbitrary and would not require a speed limiter on the carts.