2022-1179 Ordinance Amending Chapter 38 of the Hopkins City Code Regarding Electric Assisted Bicycles and Motorized Foot Scooters and Micromobility Sharing Operations 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 followin' words terms and .hrases when used in this article shall h.ve h- meanin's
ascri.-. . them in this section exc-.t where the context clearl indicates a different meanin':
E - tri -assisted •'c c e Electric-assisted .i 1- hall hay- th- same definition as .r.vi.-d
in Minn. Stat. Section 169.011 Subd. 27, as amended.
Motorized oot scooter Motorized fe of scooter shall have the same definition a .rovided in
Minn. Stat. Section 169.011 Subd. 46, as amended.
Sec.38-218. Permits.
a No .erson shall ride a motorized foot scooter or electric-assist bic cle on an sidewalk
except when necessary to enter or leave adjacent property.
(lb Nol)lersizoo shall rid- . electric-.s isted bicycle or motorized foot s ooter on an street,
idewalk roadwa • blic .ath or sublic .ro se where si'ns have been ere ted
.rohibitin• bic cle electric-assisted bic cle or motorized foot scooter ridin..
_
Exc-.t a sr.hibitel o this section or stat- law a .-rson ma ri.- a bic cle electri -
assisted bicycle. or motorized foot scooter on any street, sidewalk, roadway, public oath
or trail.
Sec. 38-219. Operation of bicycles, electric-assist bicycles and motorized foot scooters on
bicycle lanes and paths.
(a) Where a combination bic cle-o edestrian o ath has been established .eo.le ridin bic cies
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 o.eratin• 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 excest in com.liance with this article and the •rovisions of M.S.A. ch. 171 sertaininl to
driver licenses.
Sec. 38-221 Parking.
(a) No .erson shall .ark an electric-assisted bic cle or motorized foot scooter u.on a street
hi•hwa or alle other than at the ed•e of the develo s ed .ortion of such street or alle •
(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. Hoskins Ci ode Part II Chaster 38 Article VI is hereb created b 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 tern•oraril use micromobilit vehicl-s available from a fleet in exchan.
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 pronerty.
Sec.38-223. License Agreement Required.
a Notwithstandin' an other •rovision to the contra no •erson shall en.a.a 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
b a license a.reement under this section shall be deemed an un•ermitted micromobilit
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 sharin' operators and consumers shall comply with all applicable federal,
state and local laws as the ma be amended from time to time. The operation of a micromobili
vehicle u•on a •ubli street alle hi'hwa si•ewalk •r other •u•lic •ro•e in the Cit shall •e
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
an len.th of time be secured attached or connected to a bic cle rack or an other immovable
object with a lock unless expressly permitted under a valid license a•reement.
Sec.38-228 Enforcement.
(a) Micromobili vehicles ma be deemed to be •art of a micromobilit sharin' o•eration based
on an •f the followin.: marketin. or advertisin' associated with a business lo.o attached to
the vehicle- marketin• or advertisin• associated with the overall a•nearance 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•
'atriek Hanlon, v ayor
ATTEST:
0 VA
Amy Domeier, City Clerk