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HomeMy WebLinkAbout20. 21-245APRIL 27, 2021 MAY 11, 2021 21-219 21-245 ORDINANCE FIRST READING SECOND READING (CARRIED___7-0____ LOST_______ LAID OVER_______ WITHDRAWN_______) AS AMENDED PURPOSE: CREATE AND AMEND ORDINANCES FOR ELECTRIC SCOOTERS AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, AMEND GENERAL BICYCLE ORDINANCE, AMEND BIKE LANES ORDINANCE AND AMEND PARKS ORDINANCE INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 27-36(H) PERTAINING TO REGULATIONS IN MUNICIPAL PARKING LOTS; REPEALING AND RECREATING SECTION 27-63 PERTAINING TO GENERAL REGULATIONS FOR BICYCLISTS; REPEALING AND RECREATING SECTION 27-66.2 PERTAINING TO BICYCLE LANE RESTRICTIONS; CREATING SECTION 27-66.4 PERTAINING TO ELECTRIC SCOOTER AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE REGULATIONS; CREATING SECTION 27-66.6 PERTAINING TO DOCKLESS AND DOCKED MOBILITY SYSTEMS; AMENDING SECTIONS 27-67 (C) AND (D) PERTAINING TO PENALTIES TO ADD PENALTIES FOR VIOLATIONS PERTAINING TO OPERATION OF ELECTRIC SCOOTERS AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; AND REPEALING AND RECREATING SECTION 19-4(E) PERTAINING TO VEHICLES TO STAY ON PAVED ROADS AND PARKING AREAS WITHIN MUNICIPAL PARKS WHEREAS, Wisconsin State statutes allow municipalities to regulate the operation of Electric Scooters and Electric Personal Assistive Mobility Devices; and WHEREAS, the City of Oshkosh Bicycle and Pedestrian Advisory Committee and Traffic & Parking Advisory Board have reviewed the options for regulation of Electric Scooters and Electric Personal Assistive Mobility Devices and recommend that the City prohibit operation on sidewalks and roadways with speed limits in excess of 25 mph within the City; and WHEREAS, the Bicycle and Pedestrian Advisory Committee recommended adoption of a pilot program to allow the commercial rental of Electric Scooters and Electric Personal Assistive Mobility Devices within the City; and APRIL 27, 2021 MAY 11, 2021 21-219 21-245 ORDINANCE FIRST READING SECOND READING CONT’D WHEREAS, it was necessary to create new ordinances and to review and update various sections of the City of Oshkosh Municipal Code for these purposes; and WHEREAS, in the course of making these updates staff became aware of outdated provisions pertaining to stickers for bicycles and pertaining to the parking of bicycles attached to parking meters that are no longer applicable and should be removed. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 27-36(H) of the City of Oshkosh Municipal Code pertaining to Regulations in Municipal Parking Lots is hereby repealed and recreated to read as shown on the attachment to this Ordinance. SECTION 2. That Section 27-63 of the City of Oshkosh Municipal Code pertaining to General Regulations for Bicyclists is hereby repealed and recreated to read as shown on the attachment to this Ordinance. SECTION 3. That Section 27-66.2 of the City of Oshkosh Municipal Code pertaining to Bicycle Lane Restrictions is hereby repealed and recreated to read as shown on the attachment to this Ordinance. SECTION 4. That Section 27-66.4 of the City of Oshkosh Municipal Code pertaining to Electric Scooter and Electric Personal Assistive Mobility Device Regulations is hereby created to read as shown on the attachment to this ordinance. SECTION 5. That Section 27-66.6 of the City of Oshkosh Municipal Code pertaining to Dockless and Docked Mobility Systems is hereby created to read as shown on the attachment to this ordinance. SECTION 6. That Section 27-67 (C) and (D) of the City of Oshkosh Municipal Code pertaining to Penalties are hereby repealed and recreated to read as shown on the attachment to this Ordinance. SECTION 7. That Section 19-4(E) of the City of Oshkosh Municipal Code pertaining to General Park and Beach Regulations Vehicles to Stay on Paved Roads and Parking Areas is hereby repealed and recreated to read as shown on the attachment to this Ordinance. APRIL 27, 2021 MAY 11, 2021 21-219 21-245 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 8. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 9. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #20-245 CREATE AND AMEND ORDINANCES FOR ELECTRIC SCOOTERS AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, AMEND GENERAL BICYCLE ORDINANCE, AMEND BIKE LANES ORDINANCE AND AMEND PARKS ORDINANCE (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 27-36(H) PERTAINING TO REGULATIONS IN MUNICIPAL PARKING LOTS; REPEALING AND RECREATING SECTION 27-63 PERTAINING TO GENERAL REGULATIONS FOR BICYCLISTS; REPEALING AND RECREATING SECTION 27-66.2 PERTAINING TO BICYCLE LANE RESTRICTIONS; CREATING SECTION 27-66.4 PERTAINING TO ELECTRIC SCOOTER AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE REGULATIONS; CREATING SECTION 27-66.6 PERTAINING TO DOCKLESS AND DOCKED MOBILITY SYSTEMS; AMENDING SECTIONS 27-67 (C) AND (D) PERTAINING TO PENALTIES TO ADD PENALTIES FOR VIOLATIONS PERTAINING TO OPERATION OF ELECTRIC SCOOTERS AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; AND REPEALING AND RECREATING SECTION 19-4(E) PERTAINING TO VEHICLES TO STAY ON PAVED ROADS AND PARKING AREAS WITHIN MUNICIPAL PARKS) on May 11, 2021. The ordinance creates ordinances governing the operation and use of Electric Scooters and Electric Personal Assistive Mobility Devices (EPAMDs) (otherwise known as Segways or Segway type devices) within municipal rights of ways and within parks; prohibits the use Electric Scooters and EPAMDs on roadways with speed limits faster than 25 mph except within designated bike lanes; prohibits operation on sidewalks and park trails; and prohibits the short term commercial rental of Electric Scooters and Electric Personal Assistive Mobility Devices except through docked system operation through a pilot program approved by the City. The ordinance also deletes outdated language pertaining to the display of bicycles stickers which are no longer issued and pertaining to chaining bicycles to parking meters which are no longer in use. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. Bold & Italics Indicates Amendment City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Lynn Lorenson, City Attorney Amy Vanden Hogen, Assistant City Attorney DATE: April 22, 2021 RE: Create and Amend Ordinances for Electric Scooters and Electric Personal Assistive Mobility Devices, Amend General Bicycle Ordinance, Amend Bike Lanes Ordinance, and Amend Parks Ordinance BACKGROUND A. Electric Scooters In July 2019, the State passed a law legalizing the use of electric scooters on roadways, sidewalks, bicycle lanes, and bicycles ways. An electric scooter is defined as a device that weighs less than 100 lbs, has handlebars and an electric motor, and has a maximum speed of not more than 20 miles per hour. Under state law, a City may regulate electric scooters, but must do it in the same way that it regulates bicycles, except as follows: - A City may restrict or prohibit o The operation of scooters on roads in excess of 25 miles per hour o The operation of scooters on sidewalks and bicycle ways o The short term commercial rental of scooters to the general public - A City may also establish requirements for and limitations on the parking of scooters on roadways, sidewalks, bicycle lanes and bicycle ways. For sake of comparison, both Madison and Milwaukee have adopted ordinances regulating electric scooters and both cities prohibit commercial rental unless conducted as part of a pilot program. To date, Madison has not done a pilot program. Milwaukee did a 2019 pilot study and a 2021 pilot is planned (the 2020 pilot never happened due to the pandemic). It is staff ’s City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us understanding that Appleton has also proceeded with a pilot program, but has not specifically adopted an ordinance regulating electric scooters yet. B. Electric Personal Assistive Mobility Devices (“EPAMDs”) Electric Personal Assistive Mobility Devices (i.e Segways) have been around since the early 2000s. There are no new law changes regarding EPAMDs. The reason they have been brought up for discussion now is that regulation of electric scooters mirrors regulation of EPAMDs. Specifically, a municipality can also prohibit the operation of EPAMDs on roads having a speed limit of more than 25 miles per hour and they can also prohibit the operation of EPAMDs on sidewalks. For consistency’s sake, it made sense to include EPAMDs in the current discussion with the advisory boards. C. Advisory Board Recommendations The Traffic and Parking Advisory Board (“TPAB”) and the Bicycle Pedestrian Advisory Board (“Bike & Ped”) have provided input on electric scooter and EPAMD regulation within the City. Both boards were asked to provide input on three separate issues: 1) Does the City want to prohibit electric scooters and EPAMDs on roads faster than 25mph? 2) Does the City want to prohibit electric scooters and EPAMDs on sidewalks? 3) Does the City want to regulate the short term commercial rental of electric scooters? There was a consensus among the boards in that they both wanted the City to prohibit electric scooters and EPAMDs on roads faster than 25mph and prohibit operation on sidewalks. There was a disagreement on the regulation of short term commercial rental. TPAB wanted to completely prohibit the short term commercial rental of electric scooters within the City, whereas Bike & Ped was in support of short term commercial rental systems if they were operated under a pilot program. City Manager Mark Rohloff resolved this disagreement by directing staff to draft an ordinance that allowed the short term commercial rental under a pilot program, but prohibited dockless rental systems and limited the short term commercial rental to docked systems only. This recommendation takes into account concerns relayed from other municipalities related to scooters being abandoned by renters in right-of-way, on sidewalks, or other areas when docking stations are not required. Staff is also recommending allowing short term rental only through a pilot program at this time to allow a program to be adapted to the type of vehicle proposed to be rented, to adapt the pilot program to the purpose or anticipated use of the rentals and to have a greater measure of interaction with the operator and ultimately control if issues develop with a particular operator or use. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us ANALYSIS Two new ordinances are being proposed along with revisions to five existing municipal code sections. Each will be summarized below: New Ordinances - Section 27-66.4 Electric Scooter and Electric Personal Assistive Mobility Device Regulations This is a new ordinance that governs the operation of Electric Scooters and EPAMDs. The ordinance regulates Electric Scooters and EPAMDs in the same way as bicycles along with the added regulations that Electric Scooters and EPAMDs are prohibited from operating on the sidewalk, prohibited from operating on roads with speed limits in excess of 25mph except within a designated bike lane, and the short term commercial rental of electronic scooters is prohibited unless conducted as part of a Docked Mobility System. Penalties for violation of this section would mirror the penalties for bicycle violations as noted below. - Section 27-66.6 Dockless and Docked Mobility Systems This is a new ordinance that governs docked and dockless mobility systems within the City. This ordinance would apply to the docked rental of Electric Scooters, EPAMDs as well as bicycles, skateboards, and other micro-mobility vehicles. Under the ordinance, dockless mobility systems (a system that does not require a permanent structure at a fixed location for rides to begin and end) are completely prohibited within the City. Docked mobility systems (a system that has a permanent structure for rides to begin and end) is allowed if conducted through a pilot program that is administered by the Department of Communication Development and approved by Council. It is noted that the pilot program has not been finalized at this time. If Council approves this proposed ordinance and someone would like to operate a docked commercial rental business, staff would anticipate development of a pilot program through agreement with operator. Appleton is currently op erating their pilot program through this method. Any agreement with an operator would be submitted to Council at a later date for approval along with any other approvals necessary from the City for operation of the docked mobility system. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us In the event of a violation of the ordinance governing the operation of a commercial business, penalties could include a monetary forfeiture, impoundment of any device in violation of the ordinance, and revocation of participation in a pilot program. The forfeiture for operating a system in violation of the ordinance is $75.00 for the first offense ($232.00 total with court costs) and $500 for the second offense ($767.50 total with court costs). Existing Municipal Code Revisions - Section 27-36 Regulations In Municipal Parking Lots This code section was revised to prohibit Electric Scooters, EPAMDs, bicycles, skateboards and other play vehicles from parking in any Municipal Parking lot unless special permission is obtained except within a bicycle rack. - Section 27-63 General Regulations for Bicyclists This code section was revised for purposes of clean-up. References to bicycle licensing were removed as bicycle licenses were eliminated last year. In addition, the provision regarding bicycle parking was updated to reflect that the City does not have parking meters and that bicycles should be parked on the bicycle racks (instead of being chained to parking meters). - Section 27-66.2 Bicycle Lane Restrictions This code section was revised to confirm that Electric Scooters and EPAMDs are allowed in the bicycle lanes within the City. - Section 27-67 Penalties This code section was revised to provide for penalties for a violation of Ordinance 27- 66.4, the newly created ordinance that regulates the operation of E-Scooters and EPAMDs. The penalty imposed would be a $15 forfeiture ($156.40 total with court costs). This mirrors the current penalty for individuals that violate bicycle regulations. - Section 19-4 General Park and Beach Regulations This code section was revised to clarify that Electric Scooters and EPAMDs are not allowed in any City park unless the operation is on a paved established roadway or parking lot, and that operation on grassy areas or trails is prohibited. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us FISCAL IMPACT Although the new ordinances do provide for application fees for the Docked Mobility Systems and forfeitures for violations of the new ordinances, and the City may wish to expend some money for signage to assure compliance, it is anticipated that this would have nominal fiscal impact. RECOMMENDATION Consistent with the recommendations of the Traffic and Parking Advisory Board and the Bicycle Pedestrian Advisory Board, staff recommends that the Council adopt the proposed new ordinances and revisions to the existing municipal code sections. Respectfully Submitted, Approved: Lynn A. Lorenson Mark A. Rohloff City Attorney City Manager Amy Vanden Hogen Assistant City Attorney CHAPTER 27 VEHICLES AND TRAFFIC ARTICLE V. NON-METERED PARKING RESTRICTIONS SECTION 27-36 REGULATIONS IN MUNICIPAL PARKING LOTS (H) Permission Required for Parking of Certain Types of Vehicles. No person shall park any type of heavy traffic vehicle, commercial vehicle, trailer, recreational vehicle, motor home, Electric Scooter, Electric Personal Assistive Mobility Device, bicycle, skateboard, or any other play vehicle in any Municipal Parking Lot unless special permission is granted by the City Manager, Director of Transportation or their designee. ARTICLE VIII. BICYCLE AND IN-LINE SKATES REGULATIONS SECTION 27-63 GENERAL REGULATIONS FOR BICYCLISTS General Regulations for Bicycles. Any person who operates a Bicycle within the City of Oshkosh shall be subject to the conditions listed below: (A) State laws applicable. Every person propelling or riding a bicycle upon a public roadway shall be subject to the provisions of all ordinances and State laws applicable to the operator of any vehicle, except those provisions with reference to equipment of vehicle and except those provisions which by their nature would have no application. (B) Riding bicycle on sidewalk or walkway. Every person operating a bicycle upon a sidewalk or walkway shall yield the right-of-way to any pedestrian and shall exercise due care and give an audible signal when passing a bicycle rider or pedestrian proceeding in the same direction. No person shall operate a bicycle upon any sidewalk or other area designated under section 27-66 of this municipal code as a prohibited area for skateboards. (C) Bicycle riders to stay on right side of road. Every bicycle when operated on a public roadway shall be kept as close to the right hand curb as possible, except where bicycle lanes designate otherwise. (D) Reserved. (E) Clinging to moving vehicles prohibited. It shall be unlawful for any person riding upon a bicycle to cling to or attach him/herself or the bicycle to any other moving vehicle upon a public roadway. (F) Passengers and towing. In addition to the operator, a bicycle otherwise designed to carry only the operator may be used to carry or transport a child seated in an auxiliary child’s seat or trailer designed for attachment to a bicycle if the seat or trailer is securely attached to the bicycle according to the directions of the manufacturer of the seat or trailer. (G) Racing prohibited. No person operating a bicycle upon a public roadway shall participate in any race or speed or endurance contests with any other vehicle. (H) Acrobatic riding prohibited. No rider of any bicycle shall remove both hands from the handlebars, or feet from the pedals, or practice any acrobatic or fancy riding on any public roadway, sidewalk, public parking lot, or private park ing lot without permission of the owner. (I) Riders to observe traffic regulations. Every person operating a bicycle upon a public roadway shall stop for all arterial and automatic traffic signals. (J) Turns and signals. No person shall turn a bicycle at an intersection unless the bicycle is in proper position upon the public roadway, or turn to enter a private road or driveway unless the bicycle is in proper position on the roadway as required, or otherwise turn a bicycle upon a roadway, unless and unt il such movement can be made with reasonable safety. In the event other traffic may be affected by such movement, no person shall so turn any bicycle without giving an appropriate signal in the manner provided. Such signal shall be given continuously during not less than the last one hundred (100) feet traveled by the bicycle before turning. When given by hand and arm, such signals shall be given from the left side of the bicycle in the following manner and shall indicate as follows: (1) Left turn - Hand and arm extended horizontally. (2) Right turn - Hand and arm extended upward. (3) Stop or decrease speed - Hand and arm extended downward. (K) No parking on sidewalks. No such bicycle shall be left or parked in the right-of- way unless the bicycle is properly parked within or fastened or chained to a bicycle rack. No bicycle shall be left in a manner to obstruct a sidewalk. (L) Reserved (M) One-way Streets. Every person while operating a bicycle on a one-way street shall operate said bicycle single file in the direction of the one-way traffic. SECTION 27-66.2 BICYCLE LANE RESTRICTIONS On public roadways where bicycle lanes are designated, persons prop elling a bicycle, persons using in-line skates and persons using an Electric Scooter or an Electric Personal Assistive Mobility Device within the public roadway shall use the designated bicycle lane and shall obey all traffic statutes, ordinances and regulations applicable to such devices and activities upon the public roadway. No person shall operate a motorcycle, motor bicycle, moped, or any other type of motor vehicle in or upon a designated Bicycle Lane except as may be necessary to merge into the lane before turning at or when crossing such Bicycle Lane at intersections, for purposes of ingress/egress to properties adjacent t o the roadway or to utilize a legal parking lane or space. Any type of motor vehicle shall yield the right of way to bicycles, Electric Scooters, Electric Personal Assistive Mobility Devices or in-line skaters within the Bicycle Lane. No person shall use roller skates, skate boards or any other play vehicle within the designated bicycle lane. Section 27-66.4. ELECTRIC SCOOTER AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE REGULATIONS (A) Definitions. The following words, when used in this section, shall have the following meanings: (1) “Electric Scooter” has the meaning given in section 340.01 of the Wisconsin Statutes. (2) “Electric Personal Assistive Mobility Device” has the meaning given in section 340.01 of the Wisconsin Statutes. (B) General Regulations for Operation of Electric Scooters and Electric Personal Assistive Mobility Devices. Consistent with the authority in Wis. Stat. 349.236 and Wis. Stat. 349.237, the following restrictions apply to the operation and rental of Electric Scooters and Electric Personal Assistive Mobility Devices: (1) State traffic laws applicable. Every person operating an Electric Scooter or an Electric Personal Assistive Mobility Device upon a public roadway shall be subject to the provisions of all ordinances and State laws applicable to the driver of any vehicle, including but not limited to obeyance of traffic signals, yielding of right-of-way, and stopping and turning; except those provisions with reference to equipment of vehicle and except those provisions which by their nature would have no application. (2) Prohibition on Roadways with speed limits in excess of 25 mph. The operation of an Electric Scooter or an Electric Personal Assistive Mobility Device on a roadway having a speed limit of more than 25 miles per hour is prohibited except within designated bike lanes. (3) Prohibition on Sidewalks. The operation of an Electric Scooter or an Electric Personal Assistive Mobility Device on any sidewalk is prohibited. This provision does not apply to the operation of an Electric Scooter or an Electric Personal Assistive Mobility Device on any sidewalk at a permanent or temporarily established driveway. (4) Drivers to stay on right side of road. Every Electric Scooter or an Electric Personal Assistive Mobility Device when operated on a public roadway shall be kept as close to the right hand curb as possible, except where bicycle lanes designate otherwise. (5) Clinging to moving vehicles prohibited. It shall be unlawful for any person operating an Electric Scooter or an Electric Personal Assistive Mobility Device to cling to or attach him/herself or the device to any other moving vehicle upon a public roadway. (6) Passengers and towing. In addition to the driver, an Electric Scooter or an Electric Personal Assistive Mobility Device designed to carry only the driver may not be used to carry or transport any other person or any trailer or other device attached to the Electric Scooter or the Electric Personal Assistive Mobility Device. (7) Racing prohibited. No person operating an Electric Scooter or an Electric Personal Assistive Mobility Device upon a public roadway shall participate in any race or speed or endurance contests with any other vehicle. (8) Acrobatic riding prohibited. No rider of any Electric Scooter or an Electric Personal Assistive Mobility Device shall remove both hands from the handlebars, or practice any acrobatic, trick or reckless riding on any public roadway or public parking lot, or private parking lot without permission of the owner. (9) No parking on sidewalks. No Electric Scooter or Electric Personal Assistive Mobility Device shall be left or parked in the right-of-way unless the Electric Scooter or Electric Personal Assistive Mobility Device is properly parked within or fastened or chained to a bicycle rack. No Electric Scooter or Electric Personal Assistive Mobility Device shall be left in a manner to obstruct a sidewalk. Any Electric Scooter or Electric Personal Assistive Mobility Device in violation of this provision shall be subject to impoundment pursuant to Section 27-66.6. (C) Short-term Commercial Rental of Electric Scooter or an Electric Personal Assistive Mobility Device. (1) The short-term commercial rental of Electric Scooters and Electric Personal Assistive Mobility Devices to the public is prohibited. (2) Notwithstanding the foregoing, the short-term commercial rental of Electric Scooters and Electric Personal Assistive Mobility Devices to the public shall be permitted if conducted through Docked Mobility Systems and authorized through a pilot program administered by the Department of Community Development. See Section 27-66.6 for further information regarding the Docked Mobility System Pilot Program. Section 27-66.6 DOCKLESS AND DOCKED MOBILITY SYSTEMS (A) Definitions. The following words, when used in this section, shall have the following meanings: (1) “Docked Mobility System” shall mean a system of Mobility Devices, made available for shared use to individuals on a short-term basis and require structures at permanent fixed locations where rides must begin and end. (2) “Dockless Mobility System” shall mean a system of Mobility Devices, made available for shared use to individuals on a short-term basis which do not require structures at permanent fixed locations where rides must begin and end. (3) “Mobility Device” means a vehicle, whether motorized or not, including a bicycle, electric scooter, and Electric Personal Assistive Mobility Devices, skateboards, or any other micro-mobility vehicle that is exempt from state registration under Wis. Stat. Ch. 341. (4) “Operator” Means any person who owns, leases, offers to rent, collects, distributes, repairs, services, charges, or otherwise control a Dockless Mobility System or Docked Mobility System. (5) “Person” Means any individual, firm, corporation, limited liability company, partnership or association (B) Prohibitions (1) No person shall operate a Dockless Mobility System within the City. (2) No person shall operate a Docked Mobility System within the City unless the Operator participates in a pilot program administered by the Department of Community Development. Participation in the pilot program shall only occur upon application to the Department of Community Development and approval by Common Council. (C) Docked Mobility System Pilot Program (1) Application: Upon receipt of pilot program application, the Department of Community Development shall forward the application to the Common Council for consideration as an action item. The Department of Community Development shall also provide Common Council with a report and recommendation. Prior to forwarding the application to Common Council, the Department of Community Development may consult with the applicant, City Departments, City Boards or Commissions, or others deemed by the City as having information or interests that may assist the Common Council when making their decision on the application. (2) Denial of Application: Applications for the Docked Mobility System pilot program may be denied by the Common Council if it appears that the approval of the application will for any reason be detrimental to the public health, safety, and welfare. (3) Appeals: Decisions of the Common Council shall represent the final decision of the City and such decisions may be appealed as otherwise allowed by law. (4) Revocation of Participation in Pilot Program: Any Operator’s participation in a Docked Mobility System pilot program may be revoked by Common Council at any time, including but not limited to the Operator’s violation of the pilot program requirements or Common Council’s decision to end the pilot program. (D) Removal and Disposal of Mobility Devices (1) Removal. If the Chief of Police, the Director of Public Works, or any of their designees finds on any highway, street, sidewalk, or public place within the City, any of the following, the Chief or Police or the Director of Public Works or other authorized agent may have the Mobility Device immediately removed to a suitable place of impoundment: (a) A Mobility Device belonging to an Operator who is operating a Dockless Mobility System (b) A Mobility Device that is in violation of the Docked Mobility System pilot program requirements. (c) A Mobility Device that is parked in violation of any ordinance, and/or is parked for more than 24 hours on any highway, street, sidewalk, or public place. If the Operator can be identified, a notice informing the Operator of the location of the Mobility Device and the procedure for reclaiming the Mobility Device shall be sent to the Operator within three regular business days. (2) Redemption Fee. Common Council shall set a Redemption Fee for impounded Mobility Devices. (3) Disposal. An impounded device shall be held a minimum of thirty days. If the impounded device is not redeemed by the Operator within thirty days by paying the Redemption Fee, then the Chief of Police, Director of Public Works, or any of their designees may dispose of the impounded device through public auction or sale, through donation to a nonprofit organization, or through scrapping the impounded device. (E) Penalties. In addition to other fines, penalties, and/or charges that can be imposed under Municipal Code and state law, the violation of the terms of this Section by the Operator, or any person, organization, or entity violating this Ordinance or responsible for violating this Ordinance, shall be punishable by a forfeiture of not less than $75 nor more than $500 for each Mobility Device operated or parked in violation of this Section. Each day of violation shall be considered a separate offense. For each second and subsequent violation, the violation shall be punishable by a forfeiture of not less than $500 nor more than $1000 for each Mobility Device operated or parked in violation of this Section. In addition, the City may enforce this Section by immediately revoking the Operator’s participation in the pilot program, seeking injunctive relief, and all other remedies available in law and equity. ARTICLE IX. PENALTIES. SECTION 27-67 PENALTIES Every person convicted of a violation of any of the provisions of the following enumerated Sections of this Chapter shall for each offense be punished by the forfeitures as set forth, together with the costs of prosecution and in default of payment of such fines and costs, by suspension of operating privileges or by imprisonment in the County Jail for Winnebago County for the terms hereinafter stated: (C) Bicycle, Electric Scooters and Electric Personal Assistive Mobility Devices Violations - Adults. A forfeiture of not less than fifteen dollars ($15.00) nor more than five hundred dollars ($500.00) and in default of payment thereof suspension of operating privileges for a period not exceeding 60 months for a violation of any of the following: Sections 27-57 through 27-64; 27-66.4 (D) Bicycle, Electric Scooters and Electric Personal Assistive Mobility Devices Violations - Juveniles. A forfeiture of not less than fifteen dollars ($15.00) nor more than five hundred dollars ($500.00) and in default of payment thereof suspension of operating privileges for a period not exceeding 60 months for a violation of any of the following: Sections 27-57 through 27-64; 27-66.4 CHAPTER 19 PARKS AND RECREATION SECTION 19-4 GENERAL PARK AND BEACH REGULATIONS (E) Vehicles to Stay on Paved Roads and Parking Areas No person shall operate or park any trailer or motor driven vehicle (including without limitation electric scooters, electric personal assistive mobility devices, or motor bicycles) in any City park unless the operation is on paved established roadways and parking lots or unless authorized to do so by the Parks Director or their designee. This provision specifically prohibits the operation or parking of all trailers and motor driven vehicles on all grassy areas and all trails, whether paved or unpaved, including without limitation the Fox River Riverwalk. CHAPTER 27 VEHICLES AND TRAFFIC ARTICLE V. NON-METERED PARKING RESTRICTIONS SECTION 27-36 REGULATIONS IN MUNICIPAL PARKING LOTS (H) Permission Required for Parking of Certain Types of Vehicles. No person shall park any type of heavy traffic vehicle, commercial vehicle, trailer, recreational vehicle or, motor home, Electric Scooter, Electric Personal Assistive Mobility Device, bicycle, skateboard, or any other play vehicle in any Municipal Parking Lot unless special permission is granted by the City Manager, Director of Transportation or their designee. ARTICLE VIII. BICYCLE AND IN-LINE SKATES REGULATIONS SECTION 27-63 GENERAL REGULATIONS FOR BICYCLISTS General Regulations for Bicycles. Any person who operates a Bicycle within the City of Oshkosh shall be subject to the conditions listed below: Every license issued hereunder shall be deemed to be granted subject to the following conditions: (A) State laws applicable. Every person propelling or riding a bicycle upon a public roadway shall be subject to the provisions of all ordinances and State laws applicable to the operator of any vehicle, except those provisions with reference to equipment of vehicle and except those provisions which by their nature would have no application. (B) Riding bicycle on sidewalk or walkway. Every person operating a bicycle upon a sidewalk or walkway shall yield the right-of-way to any pedestrian and shall exercise due care and give an audible signal when passing a bicycle rider or pedestrian proceeding in the same direction. No person shall operate a bicycle upon any sidewalk or other area designated under section 27-66 of this municipal code as a prohibited area for skateboards. (C) Bicycle riders to stay on right side of road. Every bicycle when operated on a public roadway shall be kept as close to the right hand curb as possible, except where bicycle lanes designate otherwise. (D) Reserved. (E) Clinging to moving vehicles prohibited. It shall be unlawful for any person riding upon a bicycle to cling to or attach him/herself or the bicycle to any other moving vehicle upon a public roadway. (F) Passengers and towing. In addition to the operator, a bicycle otherwise designed to carry only the operator may be used to carry or transport a child seated in an auxiliary child’s seat or trailer designed for attachment to a bicycle if the seat or trailer is securely attached to the bicycle according to the directions of t he manufacturer of the seat or trailer. (G) Racing prohibited. No person operating a bicycle upon a public roadway shall participate in any race or speed or endurance contests with any other vehicle. (H) Acrobatic riding prohibited. No rider of any bicycle shall remove both hands from the handlebars, or feet from the pedals, or practice any acrobatic or fancy riding on any public roadway, sidewalk, public parking lot, or private parking lot without permission of the owner. (I) Riders to observe traffic regulations. Every person operating a bicycle upon a public roadway shall stop for all arterial and automatic traffic signals. (J) Turns and signals. No person shall turn a bicycle at an intersection unless the bicycle is in proper position upon the public roadway, or turn to enter a private road or driveway unless the bicycle is in proper position on the roadway as required, or otherwise turn a bicycle upon a roadway, unless and until such movement can be made with reasonable safety. In the event other traffic may be affected by such movement, no person shall so turn any bicycle without giving an appropriate signal in the manner provided. Such signal shall be given continuously during not less than the last one hundred (100) feet traveled by the bicycle before turning. When given by hand and arm, such signals shall be given from the left side of the bicycle in the following manner and shall indicate as follows: (1) Left turn - Hand and arm extended horizontally. (2) Right turn - Hand and arm extended upward. (3) Stop or decrease speed - Hand and arm extended downward. (K) No parking on sidewalks. No such bicycle shall be parked in front of or adjacent to any commercial or industrial establishment unless the bicycle is parked on the sidewalk parallel to the street and is properly fastened or chained to a municipal parking meterbicycle rack. There shall be no more than two (2) bicycles fastened to any single meter. (L) Display of license stickers. Every bicycle when operated upon the public roadway shall have in conspicuous display on the seat post mast of the bicycle a license sticker issued for that bicycle. Location of the license sticker on any other part of the bicycle shall be termed a violation of this ordinance. (M) One-way Streets. Every person while operating a bicycle on a one-way street shall operate said bicycle single file in the direction of the one-way traffic. SECTION 27-66.2 BICYCLE LANE RESTRICTIONS On public roadways where bicycle lanes are designated, persons propelling a bicycle and persons using in-line skates and persons using an Electric Scooter or an Electric Personal Assistive Mobility Device within the public roadway shall use the designated bicycle lane. Persons propelling a bicycle and persons using in-line skates within the public roadway and shall obey all traffic statutes, ordinances and regulations applicable to such devices and activities upon the public roadway. No person shall operate a motorcycle, motorized bicycle, moped, or any other type of motor vehicle in or upon a designated Bicycle Lane except as may be necessary to merge into the lane before turning at or when crossing such Bicycle Lane at intersections, for purposes of ingress/egress to properties adjacent to the roadway or to utilize a legal parking lane or space. Any type of motor vehicle shall yield the right of way to bicycles , Electric Scooters, Electric Personal Assistive Mobility Devices or in line skaters within the bicycle lane. No person shall use roller skates, skate boards or any other play vehicle within the designated bicycle lane. Section 27-66.4. ELECTRIC SCOOTER AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE REGULATIONS (A) Definitions. The following words, when used in this section, shall have the following meanings: (1) “Electric Scooter” has the meaning given in section 340.01 of the Wisconsin Statutes. (2) “Electric Personal Assistive Mobility Device” has the meaning given in section 340.01 of the Wisconsin Statutes. (B) General Regulations for Operation of Electric Scooters and Electric Personal Assistive Mobility Devices. Consistent with the authority in Wis. Stat. 349.236 and Wis. Stat. 349.237, the following restrictions apply to the operation and rental of Electric Scooters and Electric Personal Assistive Mobility Devices: (1) State traffic laws applicable. Every person operating an Electric Scooter or an Electric Personal Assistive Mobility Device upon a public roadway shall be subject to the provisions of all ordinances and State laws applicable to the driver of any vehicle, including but not limited to obeyance of traffic signals, yielding of right - of-way, and stopping and turning; except those provisions with reference to equipment of vehicle and except those provisions which by their nature would have no application. (2) Prohibition on Roadways with speed limits in excess of 25 mph. The operation of an Electric Scooter or an Electric Personal Assistive Mobility Device on a roadway having a speed limit of more than 25 miles per hour is prohibited except within designated bike lanes. (3) Prohibition on Sidewalks. The operation of an Electric Scooter or an Electric Personal Assistive Mobility Device on any sidewalk is prohibited. This provision does not apply to the operation of an Electric Scooter or an Electric Personal Assistive Mobility Device on any sidewalk at a permanent or temporarily established driveway. (4) Drivers to stay on right side of road. Every Electric Scooter or an Electric Personal Assistive Mobility Device when operated on a public roadway shall be kept as close to the right hand curb as possible, except where bicycle lanes designate otherwise. (5) Clinging to moving vehicles prohibited. It shall be unlawful for any person operating an Electric Scooter or an Electric Personal Assistive Mobility Device to cling to or attach him/herself or the device to any other moving vehicle upon a public roadway. (6) Passengers and towing. In addition to the driver, an Electric Scooter or an Electric Personal Assistive Mobility Device designed to carry only the driver may not be used to carry or transport any other person or any trailer or other device attached to the Electric Scooter or the Electric Personal Assistive Mobility Device. (7) Racing prohibited. No person operating an Electric Scooter or an Electric Personal Assistive Mobility Device upon a public roadway shall participate in any race or speed or endurance contests with any other vehicle. (8) Acrobatic riding prohibited. No rider of any Electric Scooter or an Electric Personal Assistive Mobility Device shall remove both hands from the handlebars, or practice any acrobatic, trick or reckless riding on any public roadway or public parking lot, or private parking lot without permission of the owner. (9) No parking on sidewalks. No Electric Scooter or Electric Personal Assistive Mobility Device shall be left or parked in the right-of-way unless the Electric Scooter or Electric Personal Assistive Mobility Device is properly parked within or fastened or chained to a bicycle rack. No Electric Scooter or Electric Personal Assistive Mobility Device shall be left in a manner to obstruct a sidewalk. Any Electric Scooter or Electric Personal Assistive Mobility Device in violation of this provision shall be subject to impoundment pursuant to Section 27-66.6. (C) Short-term Commercial Rental of Electric Scooter or an Electric Personal Assistive Mobility Device. (1) The short-term commercial rental of Electric Scooters and Electric Personal Assistive Mobility Devices to the public is prohibited. (2) Notwithstanding the foregoing, the short-term commercial rental of Electric Scooters and Electric Personal Assistive Mobility Devices to the public shall be permitted if conducted through Docked Mobility Systems and authorized through a pilot program administered by the Department of Community Development. See Section 27-66.6 for further information regarding the Docked Mobility System Pilot Program. Section 27-66.6 DOCKLESS AND DOCKED MOBILITY SYSTEMS (A) Definitions. The following words, when used in this section, shall have the following meanings: (1) “Docked Mobility System” shall mean a system of Mobility Devices, made available for shared use to individuals on a short-term basis and require structures at permanent fixed locations where rides must begin and end. (2) “Dockless Mobility System” shall mean a system of Mobility Devices, made available for shared use to individuals on a short-term basis which do not require structures at permanent fixed locations where rides must begin and end. (3) “Mobility Device” means a vehicle, whether motorized or not, including a bicycle, electric scooter, Electric Personal Assistive Mobility Devices, skateboards, or any other micro-mobility vehicle that is exempt from state registration under Wis. Stat. Ch. 341. (4) “Operator” Means any person who owns, leases, offers to rent, collects, distributes, repairs, services, charges, or otherwise control a Dockless Mobility System or Docked Mobility System. (5) “Person” Means any individual, firm, corporation, limited liability company, partnership or association (B) Prohibitions (1) No person shall operate a Dockless Mobility System within the City. (2) No person shall operate a Docked Mobility System within the City unless the Operator participates in a pilot program administered by the Department of Community Development. Participation in the pilot program shall only occur upon application to the Department of Community Development and approval by Common Council. (C) Docked Mobility System Pilot Program (1) Application: Upon receipt of pilot program application, the Department of Community Development shall forward the application to the Common Council for consideration as an action item. The Department of Community Development shall also provide Common Council with a report and recommendation. Prior to forwarding the application to Common Council, the Department of Community Development may consult with the applicant, City Departments, City Boards or Commissions, or others deemed by the City as having information or interests that may assist the Common Council when making their decision on the application. (2) Denial of Application: Applications for the Docked Mobility System pilot program may be denied by the Common Council if it appears that the approval of the application will for any reason be detrimental to the public health, safety, and welfare. (3) Appeals: Decisions of the Common Council shall represent the final decision of the City and such decisions may be appealed as otherwise allowed by law. (4) Revocation of Participation in Pilot Program: Any Operator’s participation in a Docked Mobility System pilot program may be revoked by Common Council at any time, including but not limited to the Operator’s violation of the pilot program requirements or Common Council’s decision to end the pilot program. (D) Removal and Disposal of Mobility Devices (1) Removal. If the Chief of Police, the Director of Public Works, or any of their designees finds on any highway, street, sidewalk, or public place within the City, any of the following, the Chief or Police or the Director of Public Works or other authorized agent may have the Mobility Device immediately removed to a suitable place of impoundment: (a) A Mobility Device belonging to an Operator who is operating a Dockless Mobility System (b) A Mobility Device that is in violation of the Docked Mobility System pilot program requirements. (c) A Mobility Device that is parked in violation of any ordinance, and/or is parked for more than 24 hours on any highway, street, sidewalk, or public place. If the Operator can be identified, a notice informing the Operator of the location of the Mobility Device and the procedure for reclaiming the Mobility Device shall be sent to the Operator within three regular business days. (2) Redemption Fee. Common Council shall set a Redemption Fee for impounded Mobility Devices. (3) Disposal. An impounded device shall be held a minimum of thirty days. If the impounded device is not redeemed by the Operator within thirty days by paying the Redemption Fee, then the Chief of Police, Director of Public Works, or any of their designees may dispose of the impounded device through public auction or sale, through donation to a nonprofit organization, or through scrapping the impounded device. (E) Penalties. In addition to other fines, penalties, and/or charges that can be imposed under Municipal Code and state law, the violation of the terms of this Section by the Operator, or any person, organization, or entity violating this Ordinance or responsible for violating this Ordinance, shall be punishable by a forfeiture of not less than $75 nor more than $500 for each Mobility Device operated or parked in violation of this Section. Each day of violation shall be considered a separate offense. For each second and subsequent violation, the violation shall be punishable by a forfeiture of not less than $500 nor more than $1000 for each Mobility Device operated or parked in violation of this Section. In addition, the City may enforce this Section by immediately revoking the Operator’s participation in the pilot program, seeking injunctive relief, and all other remedies available in law and equity. ARTICLE IX. PENALTIES. SECTION 27-67 PENALTIES Every person convicted of a violation of any of the provisions of the following enumerated Sections of this Chapter shall for each offense be punished by the forfeitures as set forth, together with the costs of prosecution and in default of payment of such fines and costs, by suspension of operating privileges or by imprisonment in the County Jail for Winnebago County for the terms hereinafter stated: (A) General Penalty - Adults. Any adult person who violates any provision of this Chapter for which a specific penalty is not provided below shall be subject to a forfeiture of not less than Seventy-five Dollars ($75.00) nor more than Five Hundred Dollars ($500.00), together with the costs of prosecution, and in default of payment thereof by imprisonment for not exceeding sixty (60) days. (B) General Penalty - Juveniles. Any juvenile person who violates any provision of this Chapter for which a specific penalty is not provided below shall be subject to a forfeiture of not less than Fifty dollars ($50.00). (C) Bicycle, Electric Scooters and Electric Personal Assistive Mobility Devices Violations - Adults. A forfeiture of not less than fifteen dollars ($15.00) nor more than five hundred dollars ($500.00) and in default of payment thereof suspension of operating privileges for a period not exceeding 60 months for a violation of any of the following: Sections 27-57 through 27-64; 27-66.4 (D) Bicycle, Electric Scooters and Electric Personal Assistive Mobility Devices Violations - Juveniles. A forfeiture of not less than fifteen dollars ($15.00) nor more than five hundred dollars ($500.00) and in default of payment thereof suspension of operating privileges for a period not exceeding 60 months for a violation of any of the following: Sections 27-57 through 27-64; 27-66.4 (E) In-line Skate Violations - Adults. A forfeiture of not less than ten dollars ($10.00) nor more than fifteen dollars ($15.00) and in default of payment thereof suspension of operating privileges for a period not exceeding 60 months for a violation of any of the following: Section 27-65 (F) In-line Skate Violations - Juveniles. A forfeiture of not less than ten dollars ($10.00) nor more than fifteen dollars ($15.00) and in default of payment thereof suspension of operating privileges for a period not exceeding 60 months for a violation of a ny of the following: Section 27-65 (G) Adoption of State of Wisconsin Revised Uniform State Traffic Deposit Schedule. The penalties pertaining to violation of state traffic codes, adopted under section 27 -7 of this municipal code, as promulgated by the Wisconsin Judicial Conference, specifically the Revised Uniform State Traffic Deposit Schedule, together with any future additions, deletions or supplements thereto, are herewith incorporated as part of this Chapter with the same force and effect as though set forth in full herein. CHAPTER 19 PARKS AND RECREATION SECTION 19-4 GENERAL PARK AND BEACH REGULATIONS (E) Vehicles to Stay on Paved Roads and Parking Areas No person shall operate or park any trailer or motor driven vehicle (including without limitation electric scooters, electric personal assistive mobility devices, or motor bicycles) in any City park unless the operation is on paved established roadways and parking lots or unless authorized to do so by the Parks Director or their designee. This provision specifically prohibits the operation or parking of all trailers and motor driven vehicles on all grassy areas and all trails, whether paved or unpaved, including without limitation the Fox River Riverwalk.