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E-bikes fast-tracked on the ART

In April 2016, the Durango City Council held a public hearing to amend Article III, Chapter 18 of the city code concerning the use of motorized vehicles within city parks, open space and the trail system, and voted 5-0 to maintain the ban of e-bikes on the Animas River Trail. Despite the fact that the council did not vote to allow e-bikes on the ART at that April meeting, in response to “citizen inquiries,” a joint public meeting was convened on Sept. 19 of the three city advisory boards which share jurisdiction of the city’s trail system to further discuss the status of e-bikes on the ART.

After that meeting, an e-bike subcommittee was established to further continued discussion of e-bikes. That subcommittee was made up of two members from each of the three advisory boards. According to the E-bike Draft Recommendation dated Feb. 17, 2017, that subcommittee, which is dominated by bikers and bike enthusiasts, has scheduled another public meeting for April 13 at the Durango Recreation Center.

At that time, the subcommittee will take public comment and vote to initiate a one-year trial period allowing e-bikes on the ART after which, at the end of the trial period, a recommendation will go to the city council.

If there is any doubt, once a trial period is established and a biker has invested thousands. e-bikes on the ART will be a done deal. It remains a mystery as to how an informal ad-hoc subcommittee with no statutory authority was formed without council sanctions, and yet presumes to act as a bona fide advisory board.

Further, the subcommittee has no legal authority to act in lieu of the council in the adoption of a trial period for e-bikes. In fact, even a duly recognized advisory board would not have such authority without council consent. Clearly, e-bikes are being fast-tracked by an un-elected subcommittee with no authority to do so. The city has a responsibility to keep the subcommittee from overstepping its authority before it usurps a statutory power it does not have.

Renee Parsons

Durango