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Should OC Ban E-bikes on Boardwalk?

e-bike stock in place with fence behind

By Camille Sailer

OCEAN CITY – Some who frequent the Ocean City Boardwalk report being alarmed by the burgeoning use of electric bikes (e-bikes), which can attain speeds of up to 28 mph on the already-busy boards in “America’s Greatest Family Resort.”  

Ocean City currently restricts all types of bikes on its boardwalk, from 5 a.m. to noon, mid-June through Labor Day. During peak summer season days, the boardwalk is sometimes “as busy as I-95 during rush hour” with bikes, one property owner said.  

According to Doug Bergen, public information officer, Ocean City, “There has been a great deal of discussion about e-bikes. A new state law treats e-bikes just like traditional bikes and allows them to ride in the same places. Our police officers up on the boardwalk report that, for the most part, people on e-bikes are operating them safely. Police do have the power to, and will, enforce laws related to reckless riding. Our city solicitor is researching whether or not a local ordinance prohibiting them on the boardwalk would be permissible under the new state law.”  

The new state law referred to by Bergen was signed by Gov. Phil Murphy May 15, 2019, and was designed to provide more clarity about the regulation of e-bikes, as their usage grows in popularity. The law allows e-bikes on state roads, thoroughfares, and sidewalks, and they are regulated as traditional bikes with no registration, insurance or driver’s license required.  

Comments on social media attest to boardwalk users’ increasing concerns about e-bikes, centering around the fear that e-bikes are an “avalanching problem with serious injury waiting to happen and unfortunately that can be expected sooner rather than later,” one person wrote. 

Ocean City’s Chief of Police John Prettyman echoes these worries when he states, “E-bikes are growing in popularity for sure. Although we do have some individuals who choose to operate them carelessly, by and far, the vast majority of operators are riding them responsibly. Now that we have restrictions on when you can operate any type of bicycle on our boardwalk, we have seen fewer issues with them.   

“The city has received a number of complaints about the unsafe operation of e-bikes and our police officers are doing their best to address their concerns. Most of these complaints pertain to younger riders. These juveniles are operating e-bikes carelessly all throughout town and are not wearing helmets,” he continued.  

Prettyman clarified that the number of complaints is far fewer than the number of e-bike riders, but added, “It is an extremely dangerous situation in such a highly populated community. E-bikes have become extremely popular with middle-school-aged kids who are not old enough to get their driver’s licenses and they make it very difficult for a police officer to intervene due to their speed and maneuverability.   

“With recent legislation pertaining to the enforcement of juvenile violations, this is another very challenging problem for our officers,” he said. “As is true with all of the other juvenile issues we are facing, parents need to become more involved in what their children are permitted to do and monitor their behavior. If parents keep purchasing these e-bikes and sending their kids out without helmets to zigzag their way through our town, someone is definitely going to get hurt.  

“Our police officers can only do so much. They are not going to get into vehicle pursuits in an attempt to catch a juvenile racing through our busy town on an e-bike. Parents need to take responsibility for their children. This is a message that must be heard loud and clear because our police officers cannot do everything.  

“We are in the process of engaging parents and requesting their help with their children’s operation of e-bikes. I am hopeful that some parents will choose to partner with us, and we will see a reduction in the unsafe operation of e-bikes.  

“If we do not see a change to the current cultural phenomenon of almost complete freedom for juveniles to do whatever they choose with zero fear of the consequences of their actions, our communities will be forced to accept these consequences.  

“As for our boardwalk, the officers who are assigned to our boardwalk on a full-time basis see very few individuals operating them in an unsafe manner. Those that do are addressed by our officers.”   

According to media reports, other seaside resorts, such as Rehoboth Beach, Delaware, Ocean City, Maryland, and Virginia Beach, Virginia, have similarly grappled with the issue of e-bikes on their boardwalks.  

Ocean City, Maryland, for example, debated whether to at least allow Class 1 e-bikes, defined as having motors that kick in when the rider is pedaling and can attain a speed of 20 mph.  

In comparison, Class 2 e-bikes are equipped with throttle-activated motors that stop when the bike reaches 20 mph and Class 3 e-bikes have motors that “assist” only when the rider is pedaling and reaches a speed of 28 mph.  

All three resorts ultimately voted, as reported, to restrict all e-bikes on their boardwalks, citing dangerous circumstances of congestion, the potential for accidents and municipal liability, and frequently inexperienced riders operating e-bikes that could result in serious injury to both riders and others.  

E-bike proponents argue that the bikes offer greater mobility and opportunity for exercise for individuals, including the elderly and disabled, get cars off the road, are economical, and are good for the environment because of the decreased release of pollutants.  

Given their ongoing debate of both the benefits and risks, there is no doubt that municipal governing bodies will have yet another important issue to consider, as e-bikes become more ubiquitous throughout the county.  

To contact Camille Sailer, email csailer@cmcherald.com. 

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