THE USE OF SEGWAYS IN PARKS AND PRESERVES

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1 THE USE OF SEGWAYS IN MANATEE COUNTY PARKS AND PRESERVES Presented by: Cindy Turner, Director, Parks and Recreation Department Anna Maria Island Segway Vendors begin using Parks and Preserves In late 2009, the Parks and Natural Resources Departments began observing a growing use of Segways in certain paved trails. These vehicles were often operating in areas not designated for motorized vehicles due to safety and pedestrian enjoyment reasons, and/or to insure preservation in environmental/natural areas. In addition, in certain beach locations staff began reporting that patrons were being approached by private Segway companies soliciting business and also observed a growing use of Segways on beach trails not designated for such use. 1

2 County Attorney Opinion Charlie Hunsicker, Natural Resources Director, submitted a Request For Legal Service (RLS) concerning the use of Segway Mobility Devices in Parks and Preserves. January 14, 2010, Rob Eschenfelder, Deputy County Attorney, responded to issues presented: Does Florida law require the County to permit the unrestricted use of Segways...? No Does ADA require the County to permit unrestricted use...? No Several Commissioners expressed an interest in allowing Segways in certain parks and/or preserves. Natural Resources Department recommends not to allow mechanically assisted (Segway) tours in any of our environmentally sensitive lands (preserves) as their mission is to conserve and protect natural resources in Manatee County. Staff met with Segway vendor who was primarily interested in giving tours and Coquina Beach and Leffis Key. Staff met on several occasions to work out an appropriate method by which participants in privately operated Segway tours could be legally and safely accommodated. 2

3 Manatee County Parks Code 2-24 One way the County attempts to create a pleasant experience for park patrons is to limit and regulate the conduct of commercial activity within parks/preserves. This goal is reflected in Manatee County Parks Code Solicitations: No person shall solicit park patrons or visitors for any purpose, whether public or private, without the express written permission of the director. Vending and peddling: No person shall offer for sale any services, article or thing; not place any stand, cart, or vehicle for the transportation, sale or display of any such article or thing, in any park unless authorized to do so by a county-issued license or concession under the authority and regulation of the director. The code does provide for the granting of parks concessions as follows: License required. Private vendors providing concession services in county parks may only do so by obtaining a franchise license agreement and paying a franchise license fee in accordance with the requirements of this section and by determination of the Board. 3

4 The director may administratively adopt, amend or rescind rules regulating the use, operations or staffing of parks or facilities not inconsistent with this chapter if such rules or procedures are deemed by the director to be in the best interest of the public health, safety or welfare. Based on this authority, interest expressed by several Commissioners to allow Segway tours, and at the same time ensure the safety of our patrons at Coquina Beach and Leffis Key an RFP was issued based on, but not limited to, the following criteria: Obtain and hold all necessary local l permits and licenses. Maintain appropriate liability insurance naming Manatee County as additionally insured. See that appropriate uniforms be required and clearly identify the vendor s staff. RFP Criteria (continued) The vendor is required to conduct guided tours (1:5 ratio) of Coquina on Segway vehicles using the multi-use trail and Leffis Key. The vendor must provide safe operating instruction to those having paid for taking a tour. Only those having been adequately trained by the vendor, wearing the appropriate safety gear provided by the vendor and being over fourteen years of age, may participate in tours. All Segways must have a working sound-making device to warn others of their presence when necessary. 4

5 Staff Recommendations Staff recommends moving forward with Segway tours at Coquina Beach and Leffis Key only, based on the criteria identified in the RFP. Questions? This completes the presentation. Thank You 5

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