IV.3. Second Reading of Ordinance 2022-1179; Imihy Bean CITY OF HOPKINS
Memorandum
To: Honorable Mayor and Council Members
From: PeggySue Imihy Bean, Management Analyst
Copy: Mike Mornson, City Manager
Date: February 15, 2022
Subject: Second Reading of Ordinance 2022-1179
_____________________________________________________________________
Staff recommends that the Council approve the following motion: Move to adopt for
Second Reading Ordinance 2022-1179 An Ordinance Amending Chapter 38 of the
Hopkins City Code Regarding Electronic Assisted Bicycles and Motorized Foot
Scooters and Micromobility Sharing Options.
No changes have been made to the ordinance since the January 31 first reading.
Attachment:
Ordinance 2022-1179
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2022-1179
ORDINANCE AMENDING CHAPTER 38
OF THE HOPKINS CITY CODE REGARDING ELECTRIC ASSISTED BICYCLES
AND MOTORIZED FOOT SCOOTERS AND MICROMOBILITY SHARING
OPERATIONS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Hopkins City Code, Part II, Chapter 38, Article V is hereby created by adding the
double-underlined language as follows:
ARTICLE V. ELECTRIC ASSISTED BICYCLES AND MOTORIZED FOOT
SCOOTERS
Sec. 38-217. Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Electric-assisted bicycle. Electric-assisted bicycle shall have the same definition as provided
in Minn. Stat. Section 169.011 Subd. 27, as amended.
Motorized foot scooter. Motorized foot scooter shall have the same definition as provided in
Minn. Stat. Section 169.011 Subd. 46, as amended.
Sec. 38-218. Permits.
(a) No person shall ride a motorized foot scooter or electric-assist bicycle on any sidewalk,
except when necessary to enter or leave adjacent property.
(b) No person shall ride an electric-assisted bicycle or motorized foot scooter on any street,
sidewalk, roadway, public path, or public property where signs have been erected
prohibiting bicycle, electric-assisted bicycle, or motorized foot scooter riding.
(c) Except as prohibited by this section or state law, a person may ride a bicycle, electric-
assisted bicycle, or motorized foot scooter on any street, sidewalk, roadway, public path,
or trail.
Sec. 38-219. Operation of bicycles, electric-assist bicycles and motorized foot scooters on
bicycle lanes and paths.
(a) Where a combination bicycle-pedestrian path has been established, people riding bicycles,
electric-assist bicycles and motorized foot scooters shall yield the right-of-way to
pedestrians;
(b) When a person is operating an electric-assisted bicycle or motorized foot scooter within a
bicycle lane they may overtake and pass motor vehicles operating in the traffic lane to the
person’s left;
(c) Whenever a bicycle lane or bicycle path is designated as one way only, no person shall
operate an electric-assisted bicycle or motorized foot scooter within such lane or path in
other than the designated direction.
Sec. 38-220. Application of traffic laws.
Every person operating an electric-assisted bicycle or motorized foot scooter pursuant to
permit hereunder on designated roadways has all the rights and duties applicable to a driver of any
other vehicle pursuant to the state highway traffic laws and regulations except when those
provisions cannot reasonably be applied to motorized electric-assisted bicycle or motorized foot
scooter except in compliance with this article and the provisions of M.S.A. ch. 171 pertaining to
driver licenses.
Sec. 38-221 Parking.
(a) No person shall park an electric-assisted bicycle or motorized foot scooter upon a street,
highway, or alley other than at the edge of the developed portion of such street, or alley;
(b) No person shall park an electric-assisted bicycle, or motorized foot scooter on a sidewalk
other than in a bicycle rack or as near to the edge of the sidewalk as practicable so as to
create the least possible obstruction to pedestrian traffic.
SECTION 2. Hopkins City Code, Part II, Chapter 38, Article VI is hereby created by adding the
double-underlined language as follows:
ARTICLE VI. MICROMOBILITY SHARING OPERATIONS
Sec. 38-222. Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Impoundment or impound as used in this chapter means removal of a micromobility vehicle to a
storage facility or designated impound location by the City or a licensed City contractor in
response to authorization from a police officer, traffic control agent, or other City employee
who is designated by the director of public works to act under this section.
License agreement or license as used in this section shall mean a written contract or agreement
issued by the City Manager or their designee, with approval by the City Council.
Micromobility vehicle as used in this section shall include bicycles, electric-assisted bicycles,
motorized foot scooters, and any other transportation device identified as a micromobility
vehicle pursuant to City Council action. A current list of all licensed micromobility vehicles
included in this definition shall be kept on file by the City Manager or their designee and will
be made readily available for public inspection.
Micromobility sharing or micromobility sharing operation as used in this section shall mean any
rental or lending service that:
1) Allows riders to temporarily use micromobility vehicles available from a fleet in exchange
for a fee or other form of direct or indirect compensation; and
2) Encourages, allows, or is susceptible to micromobility vehicle vending, renting, or lending
from City-maintained right-of-way or other City property.
Sec. 38-223. License Agreement Required.
(a) Notwithstanding any other provision to the contrary, no person shall engage in the business
of micromobility sharing from City-maintained right-of-way or other City property without
a valid license agreement with the City.
(b) Any micromobility vehicle that is part of a micromobility sharing operation not authorized
by a license agreement under this section shall be deemed an unpermitted micromobility
vehicle. Any person in possession of an unpermitted micromobility vehicle may ride such
micromobility vehicle into and through the City, subject to all applicable state and local
laws and rules. All unpermitted micromobility vehicle must be attended by the same user
at all times while on City-maintained right-of-way or other City property. As used in this
article, "attended" means a readily identifiable user is located within five (5) feet of the
micromobility vehicle.
Sec. 38-224. Maintenance of equipment.
Licensee shall maintain safe operating condition of all micromobility vehicles rented,
leased, or furnished by them.
Sec. 38-225. Control of right-of-way.
License agreements issued pursuant to this chapter shall not operate so as to transfer
ownership or control of the public right-of-way to micromobility sharing operators, or to any other
party.
Sec. 38-226 Compliance with laws.
Micromobility sharing operators and consumers shall comply with all applicable federal,
state, and local laws, as they may be amended from time to time. The operation of a micromobility
vehicle upon a public street, alley, highway, sidewalk, or other public property in the City shall be
governed by the corresponding provisions of Minn. Stat., Chapter 169.
Sec. 38-227 Attachment of micromobility vehicles prohibited.
Micromobility vehicles that are part of any micromobility sharing operation shall not, for
any length of time, be secured, attached, or connected to a bicycle rack, or any other immovable
object with a lock unless expressly permitted under a valid license agreement.
Sec. 38-228 Enforcement.
(a) Micromobility vehicles may be deemed to be part of a micromobility sharing operation based
on any of the following: marketing or advertising associated with a business logo attached to
the vehicle; marketing or advertising associated with the overall appearance of the vehicle; the
existence of a locking mechanism that can be unlocked for a fee or other form of direct or
indirect compensation; or any other indicator that would lead a reasonable person to believe
that the vehicle is used for micromobility sharing as defined in this section.
(b) Any micromobility vehicle deemed to be part of a micromobility sharing operation that is
found illegally parked, or otherwise in violation of this section or the terms of a valid City
license agreement, shall be subject to impoundment under subsection (38-xx) herein.
(c) Any micromobility vehicle deemed to be part of a micromobility sharing operation that is left
unattended on private property shall be subject to impoundment under subsection (38-xx)
herein. Impoundment shall not occur unless and until a qualifying request to remove the
micromobility vehicle is made by the owner or authorized representative of such property.
(d) In addition to any other remedy available at equity or law, failure to comply with the provisions
of this section, or with the terms of any license agreement issued pursuant hereto, may result
in impoundment as provided in this section, license termination, suspension or cancellation,
administrative fines, restrictions, or other penalties as provided herein.
Sec. 38-229 Impounding authorized.
(a) Micromobility vehicles may be impounded by any traffic officer or duly authorized City
employee because:
i. The micromobility vehicle was found improperly attached in violation of
subsection (e) herein.
ii. The micromobility vehicle was found unattended and blocking traffic or public
infrastructure, or otherwise compromising public safety.
iii. The micromobility vehicle is part of an unpermitted micromobility vehicle sharing
operation or is found in violation of one or more provisions of this section.
iv. The micromobility vehicle is found in violation of one or more of the terms of a
contract or license issued under subsection (38-xx b) herein.
(b) All micromobility vehicles found in violation of this section are subject to impoundment
without warning.
(c) Not more than seventy-two (72) hours after impoundment of any micromobility vehicle,
the City shall provide written notice to the owner of the micromobility vehicle, as disclosed
by readily identifiable owner contact information attached to the micromobility vehicle.
The notice shall be sent by either electronic or US mail. The notice shall contain the full
particulars of the impoundment and redemption process. If a micromobility vehicle is
redeemed prior to the submission of notice, or if the City is unable to readily identify the
owner, then notice need not be sent. Saturdays, Sundays, and City holidays are to be
excluded from the calculation of the seventy-two-hour period.
(d) All micromobility vehicles impounded under this section shall be subject to an impounded
fee that is sufficient to offset the City's costs of enforcement and storage for each such
micromobility vehicle.
Sale of impounded micromobility vehicles. Any micromobility vehicle lawfully coming into the
possession of the City and remaining unclaimed by the owner for a period of at least thirty (30)
days may be sold to the highest bidder at public auction or sale following reasonable published
notice.
SECTION 3. In accordance with Section 3.03 of the City Charter and Minn. Stat. § 412.191,
subd. 4, due to the significant length of this Ordinance, City staff shall have the following summary
printed in the official City newspaper in lieu of the complete ordinance:
On February 15, 2022, the Hopkins City Council adopted Ordinance 2022-1179 AN
ORDINANCE AMENDING CHAPTER 38 OF THE HOPKINS CITY CODE
REGARDING ELECTRIC ASSISTED BICYCLES AND MOTORIZED FOOT
SCOOTERS AND MICROMOBILITY SHARING OPERATIONS.
A printed copy of the ordinance is available for inspection during regular business hours at
Hopkins City Hall and is available online at the City’s web site located at
www.hopkinsmn.com.
SECTION 4. The effective date of this ordinance shall be the date of publication.
First Reading: January 31, 2022
Second Reading: February 15, 2022
Date of Publication: February 24, 2022
Date Ordinance Takes Effect: February 24, 2022
By: ____________________________
Patrick Hanlon, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk