Power-Driven Mobility Devices Policy

Introduction

On March 15, 2011, the Department of Justice (DOJ) revised rules allowing Other Power-Driven Mobility Devices (OPDMD) to be used by individuals with mobility disabilities. Under the Americans with Disabilities Act (ADA) Title II this DOJ rule applies to trails on state or local government lands. The amended law states:

"A public entity shall make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobility disabilities, unless the public entity can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted pursuant to § 35.130(h)."

Sioux Falls Parks and Recreation has completed an assessment of all trails within the system to determine any limitations on OPDMDs, identify the areas where they are permitted, describe the characteristics of allowed devices, and establish rules for safe use.

Definitions

Motorized wheelchairs or mobility scooters
Manually-operated or power-driven devices designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor locomotion. (Americans with Disabilities Act §35.104.)
Other power-driven mobility device (OPDMD)
Any mobility device powered by batteries, fuel, or other engines—whether or not designed primarily for use by an individual with mobility disabilities—that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section. (Americans with Disabilities Act §35.104 and §36.104.)
Disability
With respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. The phrase major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (Americans with Disabilities Act §35.104.)

Assessment Factors

In accordance with the DOJ, the following assessment factors have been used to determine whether a particular OPDMD can be allowed within a specific facility as a reasonable accommodation:

  1. Size, weight, dimensions, and speed of the device.
  2. The facility's volume of pedestrian traffic.
  3. The facility's design and operational characteristics.
  4. Whether legitimate safety requirements can be established to permit the safe operation of the OPDMD at the facility.
  5. The potential for serious harm to environmental, natural, and cultural resources.

Inquiry into Use of OPDMD

Sioux Falls Parks and Recreation reserves the right to ask a person using an OPDMD to provide credible assurance that the mobility device is required because of disability. Credible assurance includes a valid, state-issued disability parking placard or card, or other state-issued proof of disability. In lieu of these items, Sioux Falls Parks and Recreation shall accept as a credible assurance a verbal representation, not contradicted by observable fact, that the OPDMD is being used for a mobility disability.

Inquiry About Disability

Sioux Falls Parks and Recreation will not ask an individual using a wheelchair or other power-driven mobility device questions about the nature and extent of the individual's disability.

Operational Policy on Other Power-Driven Mobility Devices

I. General Guidelines

  1. Operators of all mobility devices must adhere to Sioux Falls Parks and Recreation's ordinances for their safety, the safety of other park users, and for the protection and preservation of the property, facilities, and natural resources of Sioux Falls Parks and Recreation.
  2. Mobility devices must be electric powered only. The exclusion of gas-powered devices as compared to electric-powered devices is due to these factors:
    • The noise of gas-powered devices produces a significant zone of disturbance to the activities of native wildlife.
    • The noise and excessive fumes of gas-powered devices negatively impact the experience of other park visitors.
    • Gas emissions from small engines emit high levels of carbon monoxide, a colorless, odorless, poisonous gas, which is known to negatively affect human and plant health.
  3. Mobility devices are not permitted on trail segments that are closed or designated for "authorized personnel."
  4. Sioux Falls Parks and Recreation reserves the right to suspend use of trail segments by the operator if doing so is in the best interests of the department.
  5. Sioux Falls Parks and Recreation reserves the right to change, modify, or amend this policy at any time.

II. Motorized Wheelchairs or Mobility Scooters

Wheelchairs and mobility scooters can be used in areas open to pedestrians, which would include trails (Americans with Disabilities Act 35.104 and 36.104). Special use passes are not required for these devices. Trails may have irregular tread widths and may not include trail shoulders. There could be trees or other natural obstacles close to the trail corridor, and trails could be eroded or muddy. There may be obstructions or bridges that make traversing with a wheelchair or mobility scooter more challenging or impassable at times.

III. Other Power-Driven Mobility Devices

Effective January 1, 2014, Sioux Falls Parks and Recreation will allow appropriate OPDMDs on trails to assist persons with mobility disabilities to more fully enjoy the trail experience. In order to provide credible assurance of their need for an OPDMD, users are expected to display or carry a state-issued disability parking placard or card.

Park Trail Assessments and Restrictions

Park trails can be categorized into three classes, with specific limitations and justifications as listed below.

Class I

  • Trail surface is paved with asphalt or concrete and has grades of 0–5 percent and minimal side slopes.
  • Trails accommodate two-way traffic and are generally 8 to 10 feet wide.
  • Trails are designed and intended for multiple uses by pedestrians, bicycles, and other nonmotorized devices such as rollerblades.
  • Trail use can be heavy depending on location, day of the week, and time of day.

DOJ Assessment Factors:

  1. Size, weight, dimensions, and speed of the device.
  2. The facility's volume of pedestrian traffic.
  3. The facility's design and operational characteristics.

OPDMDs Allowed/Restrictions:

  • No wider than 32 inches to allow for safe passing of other OPDMDs, bicycles, dogs on leash, and pedestrians.
  • Length restriction: Must allow for safe passing and turning on trails.
  • Speed: In no case can an OPDMD be operated greater than the speed of pedestrian traffic.
Class I Trails
ID # Park Description Distance (Miles)
1 Bike Trail Falls Park Drive to Cliff Avenue (Nelson Park) 1.70
2 Bike Trail Cliff Avenue to 26th Street (Rotary Park) 1.39
3 Bike Trail 26th Street to Cliff Avenue (Tuthill Park) 1.73
4 Bike Trail Cliff Avenue to Western Avenue (Yankton Trail) 2.27
5 Bike Trail Western Avenue to 41st Street 1.38
6 Bike Trail 41st Street to 12th Street (Sherman Park) 2.15
7 Bike Trail 12th Street to Russell Street (Elmwood Park) 1.64
8 Bike Trail Russell Street to Minnesota Avenue 3.77
9 Bike Trail Minnesota Avenue to North Drive 2.02
10 Bike Trail North Drive to Falls Park Drive 0.99
11 Bike Trail Fawick Park to Cherry Rock Park 1.15
12 Bike Trail Riverdale Park to Rotary Park 0.14
13 Bike Trail Pasley Park to 49th Street (Southeastern Ave.) 1.34
14 Bike Trail Spencer Park to Tomar Park 0.22
15 Bike Trail 57th Street to Sertoma Park 0.78
16 Bike Trail 49th Street to Kiwanis Avenue (Oxbow Park) 0.43
17 Bike Trail 49th Street to 41st Street (west side) 0.59
18 Bike Trail 41st Street to I-29 1.37
19 Bike Trail I-29 to Marion Road 0.62
20 Bike Trail Marion Road to Dunham Park 0.49
21 Bike Trail Dunham Park to Legacy Park 1.12
22 Bike Trail Legacy Park to Family Park 1.36
23 Bike Trail Marion Road to Confluence Dam (North) 1.24
24 Bike Trail Sherman Park/Great Plains Zoo Access Trail 0.28
25 Bike Trail Falls Park to Lien Park 0.59
26 Family East parking lot to fishing dock 0.11
27 Family West parking lot to fishing dock 0.03
28 SD 100 From 57th St. to 41st St. 0.99
29 SD 100 From 41st St. to 33rd St. 0.48
30 SD 100 From 33rd St. to 26th St. 0.49
31 SD 100 From 26th St. to 23rd St. 0.19
32 SD 100 From 23rd St. to Split Rock Rd. 0.28
33 SD 100 Split Rock Rd. to dead end at Arrowhead Parkway 0.36
34 SD 100 Madison St. to Maple St. 1.18
35 SD 100 Maple Street to Rice Street 1.59
36 Bike Trail/Lein Park Spur Cliff Ave. to dead end 0.71
37 Diamond Creek 57th St. to Western Ave. 0.52

Class II

  • Trail surface is compacted recycled asphalt or compacted aggregate with grades of 0–5 percent and minimal cross slopes.
  • Trails accommodate limited two-way traffic and are generally 4 to 8 feet wide.
  • Trails are designed and intended for use by pedestrians.

DOJ Assessment Factors:

  1. Size, weight, dimensions, and speed of the device.
  2. The facility's volume of pedestrian traffic.
  3. The facility's design and operational characteristics.

OPDMDs Allowed/Restrictions:

  • No wider than 32 inches to allow for safe passing of other OPDMDs, dogs on leash, and pedestrians.
  • Length restriction: Must allow for safe passing and turning on trails.
  • Speed: In no case can an OPDMD be operated greater than the speed of pedestrian traffic.
Class II Trails
ID # Park Description Distance (Miles)
34 Family West parking lot to 12th Street drainage 0.68
35 Great Bear Valley Trail 0.51
36 Great Bear West Valley Trail 0.16
37 Arrowhead Quarry Pond Trail 0.58
38 Arrowhead North Loop Trail 0.40
39 Arrowhead South Loop Trail 0.75
40 Sertoma Woodland Trail 1.10
41 Sertoma Prairie Trail 0.60
42 Sertoma Riparian Trail 0.30

Class III

  • Trail surface is soil or turf.
  • Trails are designed and intended for pedestrians (hikers), OR are designed primarily for use by bicyclists, but are also open to hikers.
  • Trails do not accommodate two-way traffic and vary from a maximum width of 24 inches to a width of up to 48 inches.
  • Trails may have limited to no shoulders, have grades in excess of 5% and steep side slopes.
  • Trails are routed through heavily wooded areas, areas with sensitive soils, or areas containing sensitive communities of native grasses and flowers.

OPDMDs Allowed/Restrictions:

  • OPDMDs not allowed.

DOJ Assessment Factors:

  1. Size, weight, dimensions, and speed of the device.
  2. The facility's design and operational characteristics.
  3. Whether legitimate safety requirements can be established to permit the safe operation of the OPDMD at the facility.
  4. The potential for serious harm to environmental, natural and cultural resources.
Class III Trails
ID # Park Description Distance (Miles)
43 Legacy West of north picnic shelter and return (loop trail) 0.31
44 Great Bear West Pond Trail 0.21
45 Great Bear Skyline Trail 0.40
46 Great Bear American Plum Trail 0.10
47 Great Bear Ironwood Ridge Trail 0.27
48 Great Bear Shady Glen Trail 0.05
49 Great Bear Overlook Trail 0.57
50 Great Bear Gateway Trail 0.23
51 Great Bear Cactus Hills Trail 0.95
52 Great Bear Oak Canyon Trail 0.16
53 Great Bear Miners' Trace Trail 0.14
54 Great Bear Grand Meadow Trail 0.22
55 Great Bear Northern Slope Trail 0.54
56 Arrowhead Stairstep Quarry Trail 0.28
57 Arrowhead Quarry Rock Trail 0.33
58 Yankton Trail East Minnesota parking lot west to main paved trail 0.27
59 Yankton Trail Main paved trail east to Minnesota parking lot 0.44
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