After debating at several meetings an age limit for e-bike and e-scooter users in town, the borough assembly settled on an ordinance that sets “rules of the road” for users — but does not set a specific minimum age.

The ordinance, which was approved at the July 28 assembly meeting, was amended to state: “No person shall drive or operate a micromobility device on any roadway owned or maintained by the City and Borough of Wrangell unless they are licensed in accordance with Alaska state law.”

However, there is no state licensing law that explicitly applies to all e-bikes or e-scooters.

State law only applies to users of e-scooters and e-bikes manufactured to travel faster than 15 mph. According to the law, users of electric two-wheelers designed for 15 mph or less are exempt from carrying a state license.

Generally, a driver cannot get a state license until age 16, with a learner’s permit available at age 14.

In a series of public meetings over the past two months — during which the assembly considered setting the borough’s minimum age at 10, 12 or 14, with a local test and permit required for users who were not licensed by the state — the assembly on July 28 amended the ordinance to remove any age restriction.

The addition to municipal code, however, does set specific rules for the electrically powered devices, including speed limits, following all traffic laws and prohibiting riders from school grounds, parks, playgrounds, trails, sidewalks, docks and harbor floats, the golf course, cemeteries, the Mariners’ Memorial and other public spaces.

The new municipal law took effect immediately.

Police Chief Gene Meek said it would take time to inform everyone of the new rules. “It will likely fall to an educational campaign prior to enforcement,” he said in an interview after the assembly meeting.

Borough Manager Mason Villarma opened the discussion about the ordinance on July 28 by stating he believed the borough should either set an age restriction that follows state law or set no age restriction at all.

An earlier ordinance proposed in May would have set the minimum age for operators at 14 years old, but that met public backlash as some parents expressed the opinion that children as young as 10 years old demonstrate the ability to operate the bikes and scooters safely.

A revised ordinance presented to the assembly at its meeting on July 8 would have set the minimum age at 12. The assembly on July 8 voted 2-3 against an amendment that would have eliminated the age requirement entirely. Members then voted 3-2 to adopt an amendment setting the age at 10 years old.

Borough Attorney Robert Luce said at the July 28 meeting that it wasn’t clear whether e-scooters fall in line with state statute; and because it’s not clear in state law, the assembly should either adopt a minimum age of 14 or 16, not adopt an age restriction at all, or just simply say the matter is “according to state law.”

The assembly amended the ordinance to remove the 10-year-old minimum age and also removed the borough-mandated safety course and permit test for users who lack a state motor vehicle license. The amendment also inserted the language “according to state law,” as suggested by the attorney.

Mayor Patty Gilbert and Assembly Members Phillip Mach, Michael Ottesen and Bob Dalrymple voted yes on the amended ordinance. Members David Powell and Brittani Robbins voted no. Member Jim DeBord was absent.

Angela Allen, who had previously testified at earlier meetings in favor of children younger than 14 operating e-bikes and e-scooters, said she thought the new information from the borough attorney was “unfortunate.”

She pointed out that children who ride non-electric bicycles are able to generate speeds as fast as 25 mph, and many of them don’t wear helmets. Yet they are not regulated the same as the new rules for e-bike users.

“Those kids can fall and they can get injured, too,” she remarked.

“Unfortunately, in our society, the bad ones make us have to make new laws,” Assembly Member Powell said. “It’s just a matter of time before we have a serious problem.”

Powell also expressed concern that the part of the ordinance — before it was amended on July 28 — that called for a borough-administered safety course before giving someone a permit might open up the municipality to more liability.

“What if someone gets injured and they come back and say they were trained properly,” he asked. “I think that could create more liability.”

Assembly Member Mach said he thought the proposed ordinance had a lot of good things in it, but he believed the age component should be removed altogether.

“I think if we get something put together that the police can enforce, then we can evaluate that information after six months or something and go from there,” Mach said.

Powell said he believed 14 years old should be the minimum.

“I’m nervous about us making these laws, because when someone gets clipped and killed, you might be sitting there and saying, ‘we should have gone with a 16-year-old age limit,” Powell remarked. “My question is that, if we do nothing at all, will we be liable?”

Luce said doing nothing wasn’t a good idea. Villarma added that he believed not doing anything after so much discussion involving the public would demonstrate negligence and open the borough up to legal action.

The assembly approved by unanimous vote an accompanying ordinance that sets fines for violations of the new e-bike and e-scooter rules. The fines include $75 for failure to wear a helmet; $75 for speeding; $150 for violating traffic laws; and $75 for a parent who fails to “exercise reasonable supervision or control” of their children on one of the devices.