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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