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Home My WebLink AboutVIII-07 1st Reading Order Public Hearing City Code Chapter 70 Micromobility Vehicles City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: January 18, 2022 Item: 1st Reading\Order Public Hearing: City Code Amendment – Chapter 70 - Micromobility Vehicles Council Action Requested: Consider 1st Reading and schedule a public hearing of the attached amendment to Hastings City Code Chapters 70.09 pertaining to Micromobility Vehicles (bicycles, electric assisted bicycles, and motorized foot scooters). Upon action by the City Council, the public hearing, 2nd reading, and final action would be scheduled for the February 7th City Council Meeting. Approval requires a simple majority of the City Council. Background: The draft ordinance is in response to Bird Rides, Inc interest in operating an electric scooter ride sharing business within the City of Hastings. Bird has historically operated similar businesses in larger cities throughout the US and is expanding to other markets. Upon approval of the ordinance, Bird Rides would be eligible to apply for a City license. Ordinance Provisions: The proposed ordinance includes the following: • Provides definitions for various Micromobility vehicles and micromobility sharing services. • Requires an annual $500 city license and $50 per vehicle charge as well as a license agreement for the operation of micromobility sharing services. • Establishes impounding provisions for vehicles • Establishes certain minimum equipment and operational standards for vehicles used in micromobility sharing services. Financial Impact: Adoption of the ordinance would allow for the operation of micromobility ride sharing services which could increase visits and economic spending in Hastings. Advisory Commission Discussion: N\A Council Committee Discussion: N\A VIII-07 Attachments: • Draft Ordinance Amendment VIII-07 ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, ENACTING HASTINGS CITY CODE CHAPTER 70, SECTION 70.09 REGARDING MICROMOBILITY VEHICLES AND ESTABLISHING A FEE FOR MICROMOBILITY SHARING SERVICES The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. ENACTMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 70, Section 70.09: Micromobility Vehicles, shall be enacted as follows: A. Purpose. State laws and the provisions of this chapter shall govern the operation of Micromobility Vehicles upon any street, roadway, parkland, or right-of-way within the City. B. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BICYCLE. As used in this chapter shall have the meaning specified in Minn. Stat., § 169.011, subd. 4, as amended. ELECTRIC-ASSISTED BICYCLE. As used in this chapter shall have the meaning specified in Minn. Stat., § 169.011, subd. 27, as amended. 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 City Administrator to act under this section. LICENSE AGREEMENT or LICENSE. As used in this chapter shall mean a written contract or agreement issued by the City Administrator or their designee, with approval by the City Council. MICROMOBILITY VEHICLE. As used in this chapter shall include bicycles, electric-assisted bicycles, motorized foot scooters, and any other transportation device identified as a micromobility vehicle pursuant to City Council action. MOTORIZED FOOT SCOOTER or SCOOTER. As used in this chapter shall have the meaning specified in Minn. Stat., § 169.011, subd. 46, as amended. MICROMOBILITY SHARING or MICROMOBILITY SHARING SERVICE. As used in this chapter shall mean any rental or lending service that: VIII-07 i. 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 ii. Encourages, allows, or is susceptible to motorized foot scooter vending, renting or lending from City-maintained right-of-way or other City property. iii. A Micromobility Vehicle may be deemed to be part of a Micromobility Sharing Service based on any of the following: marketing or advertising associated with a business logo attached to the device; marketing or advertising associated with the overall appearance of the device; 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 device is used for Micromobility Sharing as defined in this chapter. C. License and License Agreement Required. Notwithstanding any other provision to the contrary, no person or entity shall engage in a Micromobility Sharing Service in City- right-of-way or other City property without obtaining a license from the City and entering into a license agreement. Any Micromobility Vehicle that is not required to be part of a Micromobility Sharing Service and license agreement under this chapter shall be deemed a personal Micromobility Vehicle. Any person in possession of a personal Micromobility Vehicle may ride such vehicle into and through the City, subject to all applicable state and local laws and rules. D. License Application. License applications shall be submitted pursuant to City Code Chapter 110. E. License limitations. The City may limit the number of devices that a Micromobility Sharing Service is permitted to operate. In making the determination of the number of devices that are permitted to operate, the City shall consider the City’s ability to: 1. Maintain the integrity of the City’s entire transportation system; 2. Keep rights-of-way, trails, and park walkways free and clear of unnecessary obstructions; and 3. To protect the health, safety, and welfare of the residents of the City. F. Impounding Authorized. 1. A Micromobility Vehicle may be immediately impounded by any traffic officer or duly authorized city employee because: i. The Micromobility Vehicle was found attached or secured to a bicycle rack, or any other immovable object in the right-of-way, unless expressly permitted by the license issued to the Micromobility Sharing Service. VIII-07 ii. The Micromobility Vehicle was found unattended and blocking traffic or public infrastructure, illegally parked, interfering with maintenance of the right-of-way or parkland, or otherwise compromising public safety. iii. The Micromobility Vehicle is part of an unlicensed Micromobility Sharing Service. iv. The Micromobility Vehicle is deemed to be part of a Micromobility Sharing Service and it is left unattended on private property. Impoundment shall not occur unless a request to remove the Micromobility Vehicle is made to the Micromobility Sharing Service by the private property owner or authorized representative of such property and the Micromobility Vehicle is not removed within forty-eight (48) hours. v. The Micromobility Vehicle is in violation of one or more of the terms of the City-issued license or is in violation of one or more of the terms of this chapter. 2. Not more than seventy-two (72) hours after impounding of a Micromobility Vehicle, the City shall provide notice to the owner if identifiable. If the Micromobility Vehicle is redeemed prior to the notice, or if the City is unable to 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. 3. All Micromobility Vehicles impounded under this section are subject to an impound fee sufficient to offset the City’s costs of enforcement and storage for each device. 4. Any Micromobility Vehicle coming into the possession of the City and remaining unclaimed by the owner for a period of at least sixty (60) days may be sold at public auction or sale following reasonable notice. G. Equipment requirements. When used as part of a Micromobility Sharing Service, each Micromobility Vehicle must meet the applicable federal and state safety standards set forth for the particular device. Each Micromobility Vehicle must comply with the applicable registration requirements and must be equipped with technology such as GPS, that allows the Micromobility Vehicle to be located and tracked by the Micromobility Sharing Service and the City. Each Micromobility Vehicle must include contact information for the Micromobility Sharing Service. H. Compliance with Laws. Micromobility Vehicle 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. VIII-07 I. Control of Right-of-Way. Licenses issued pursuant to this chapter shall not operate so as to transfer ownership or control of the public right-of-way to Micromobility Vehicle operators, or to any other party. J. Enforcement. 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 issued pursuant hereto, may result in impoundment as provided in this chapter, license termination, suspension or cancellation, administrative fines, restrictions, or other penalties as provided herein. SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 34, City Fees shall be amended by adding the following fee: Micromobility Sharing Service License $500 annual license (calendar year) + $50/vehicle SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text adopted by the Hastings City Council on , 2022 modifies the City Code to allow the licensing of Micromobility Vehicle Sharing Services in the City and establish a license fee. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2022. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the _________ on [Date]. VIII-07