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Ordinance amending Chapters 11.50 and 11.51 and Sec. 11.40.450, and creating Sec. 11.40.460 of the Wauwatosa Municipal Code related to electric bicycles, electric scooters, micromobility devices, and out-of-class electric vehicles (e-motos)
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The Common Council of the City of Wauwatosa do hereby ordain as follows:
Part I. Chapter 11.50 of the Wauwatosa Municipal Code is hereby renamed “Electric Scooters, Electric Bicycles, and other Micromobility Devices”.
Part II. Section 11.50.020 of the Wauwatosa Municipal Code is hereby renamed “Use of Electric Scooters, Electric Bicycles, and other Micromobility Devices”.
Part III. Section 11.50.030 of the Wauwatosa Municipal Code is hereby renamed “Parking of Electric Scooters, Bicycles, or other Micromobility Devices”.
Part IV. Section 11.50.040 of the Wauwatosa Municipal Code is hereby renamed “Impoundment of Dockless Micromobility Devices”.
Part V. Section 11.50.045 of the Wauwatosa Municipal Code is hereby created and named “Minors and Parental Responsibility”.
Part VI. Section 11.50.010 of the Wauwatosa Municipal Code is hereby amended to read in its entirety as follows:
11.50.010 Definitions
The following definitions apply to this chapter and to Chapter 11.51 - Dockless Micromobility Systems:
A. "Bicycle lane" means that portion of a roadway set aside by action of the common council for the exclusive use of bicycles, electric scooters, and other vehicles specified by the common council under the authority of Section 349.23, Wisconsin Statutes.
B. "Bicycle rack" means a stationary fixture affixed to the ground or other permanent location, to which a bicycle can be securely attached for purposes of short term parking and to which such bicycle may also be locked by the bicycle owner, if so desired.
C. “Docked micromobility device” means any micromobility device that is part of a docked micromobility system as defined in this section and is exempt from state registration under Chapter 341, Wisconsin Statutes.
D. “Docked micromobility system” means a system of self-service micromobility devices, made available for shared use to individuals on a short-term basis by agents who place self-service micromobility devices at fixed docking stations in the city for use, which may be rented through a smart-phone app, vendor website, vendor customer service number, or a pre-paid PIN and which require that rides must begin and end at a fixed docking station.
E. "Dockless mobility micromobility device" means a micromobility devicethat is part of a dockless micromobility system as defined in Chapter 11.51 and is exempt from state registration under Chapter 341, Wisconsin Statutes.
F. “Electric bicycle” means a bicycle, as defined in Section 11.48.010, that meets the definition of an electric bicycle under Section 340.01(15ph), Wisconsin Statutes, including Class 1, Class 2, and Class 3 electric bicycles as classified under Section 340.01(15ph)(a)-(c), Wisconsin Statutes, whether or not such a bicycle is part of a dockless micromobility system as defined in Chapter 11.51 of this code or part of a docked micromobility system as defined in this section.
G. “Electric micromobility device” means any electric bicycle, electric scooter, electric personal assistive mobility device, or other light-weight electric-powered vehicle that may be powered solely by the motor and is not capable of speeds over 20 miles per hour by the motor alone, whether or not such electric micromobility device is part of a dockless micromobility system as defined in Chapter 11.51 of this code or part of a docked micromobility system as defined in this section. Electric micromobility devices are generally designed to accommodate a single rider but may accommodate passengers or child carriers as allowed under Chapter 346, Wisconsin Statutes. An electric micromobility device does not include an out-of-class electric vehicle as defined in Section 11.40.460 of this code.
H. “Electric personal assistive mobility device” means a device that meets the definition of an electric personal assistive mobility device under Section 340.01(15pm), Wisconsin Statutes.
I. "Electric scooter" means a motorized scooter that meets the definition of an electric scooter under Section 340.01(15ps), Wisconsin Statutes, whether or not such electric scooter is part of a dockless micromobility system as defined in Chapter 11.51 of this code or part of a docked micromobility system as defined in this section.
J. “In-line skates” or “rollerblades” means in-line skates that meet the definition of in-line skates under Section 340.01(24m), Wisconsin Statutes.
K. “Micromobility device” means any bicycle, in-line skates, electric bicycle, electric scooter, or other electric micromobility device as defined in this section or in Chapter 11.48 of this code. Micromobility devices are generally designed to accommodate a single rider but may accommodate passengers or child carriers as allowed under Chapter 346, Wisconsin Statutes. Play vehicles, as defined in Section 340.01(43m), Wisconsin Statutes, are not considered micromobility devices.
L. "Multiuse path" means a public way, not part of a highway, that is designated by official signs or markings for use by persons riding mobility micromobility devices except as otherwise specifically provided by law.
M. "Parking box" means an area designated within the public right-of-way, typically delineated with traffic grade stripping or paint, where micromobility devices may be parked when not in active use. Parking boxes in the public right-of-way must be approved by the board of public works.
N. "Pedestrian path" means a paved walkway along the side of the street, specifically designed for walking.
O. "Public park" means a public playground, public recreation center or area, and other public areas, created, established, designated, maintained, provided or set aside by the city, for the purposes of public rest, play, recreation, enjoyment or assembly, and all buildings, facilities and structures located thereon or therein.
P. "Public playground" means a place specifically designed to enable children to play.
Q. “Reckless operation” means operating an electric scooter, bicycle, or other micromobility device in a manner that endangers or is likely to endanger the safety of any person or property, including but not limited to excessive speed for conditions, weaving through pedestrian or vehicular traffic, or operating without maintaining control sufficient to stop or avoid a collision.
Part VII. Section 11.50.020 of the Wauwatosa Municipal Code is hereby amended to read in its entirety as follows:
11.50.020 Use Of Electric Scooters, Electric Bicycles, And Other Micromobility Devices
A. No person may operate an electric scooter in the city upon any public sidewalk, any pedestrian path, or upon any public playground owned or operated by the city.
B. Subsection A shall not apply to electric scooters when operated on multiuse paths, or playgrounds when officially sanctioned functions are in progress, bicycles to electric scooters operated by police officers in the necessary discharge of their official duties, or to sidewalks or sidewalk areas designated by the common council and identified by signs or other clear markings as a bicycle way.
C. When operating an electric scooter, bicycle, or other micromobility device, every driver of such device shall operate the device at a speed that is reasonable and prudent under existing conditions, shall yield the right-of-way to any pedestrian, and shall exercise due care and give an audible signal when passing a bicycle driver or pedestrian proceeding in the same direction.
D. No person may operate an electric scooter device in the city upon roads with designated speed limits above thirty miles per hour, except that a person using such a device may use crosswalks to cross streets with higher speed limits, or may use marked bicycle lanes on such streets.
E. Every person operating an electric scooter, electric bicycle, or other micromobility device upon any street, highway, bicycle lane, multiuse path, or other public right-of-way in the city shall be granted all of the rights and shall be subject to all of the duties applicable to the operator of a vehicle under Chapters 340 to 348, Wisconsin Statutes, and under this Title, except as to those provisions which by their nature can have no application, or as otherwise specifically provided in this chapter.
F. Without limiting the generality of subsection E, every person operating an electric scooter, electric bicycle, or other micromobility device shall comply with all applicable provisions of this Title governing:
1. Obedience to traffic signs, signals, and the lawful orders of a traffic officer (Chapter 11.16, Section 11.12.030);
2. Right-of-way at intersections and when emerging from alleys or driveways (Sections 11.36.220 through 11.36.290);
3. Speed limits established under Sections 11.36.430 through 11.36.480;
4. Reckless driving, as defined in Section 11.36.520, and racing, as prohibited in Section 11.36.350;
5. Right-of-way to pedestrians under Chapter 11.20.
A violation of any provision made applicable by this subsection shall be subject to the penalty provided for a violation of the underlying section.
G. No person shall engage in reckless operation, as defined in Section 11.50.010, of an electric scooter, electric bicycle, or other micromobility device upon any street, sidewalk, pedestrian path, or other public place within the city.
H. Americans with Disabilities Act. Nothing in this chapter shall be construed to restrict or limit the use of a wheelchair or other mobility device by an individual with a disability, consistent with the Americans with Disabilities Act, regardless of the age of the operator or the device’s power source.
Part VIII. Section 11.50.030 of the Wauwatosa Municipal Code is hereby amended in its entirety to read as follows:
11.50.030 Parking Of Electric Scooters, Bicycles, Or Other Micromobility Devices
A. Electric scooters, bicycles, or other micromobility devices shall only park in the following areas when not in use: bicycle racks and parking boxes in public places, or other areas not impeding use of the public right-of-way.
B. Electric scooters, bicycles, or other micromobility devices may only park on or near sidewalks or pedestrian paths when leaving sufficient space, not less than five feet in width, for pedestrians and other users.
C. Electric scooters, bicycles, or other micromobility devices may utilize on- street-bicycle parking areas approved by the board of public works.
Part VIV. Section 11.50.040 of the Wauwatosa Municipal Code is hereby amended in its entirety to read as follows:
11.50.040 Impoundment Dockless Micromobility Devices
A. If the chief of police or director of public works finds any dockless micromobility device parked for more than twenty-four hours, the chief, director, or other authorized agent of the city may have the dockless micromobility device immediately removed to a suitable place of impoundment. If the operator can be informed, a notice informing the operator of the location of the dockless micromobility device and the procedure for reclaiming the dockless micromobility device shall be sent to the operator within twenty-four hours after removal.
B. The fee for redemption of an impounded dockless micromobility device shall be one hundred dollars or as otherwise set in the consolidated fee schedule.
C. Upon impoundment, a dockless micromobility device shall be held a minimum of thirty days unless earlier redeemed by a system operator, owner or owner's representative upon payment of the redemption fee provided. The director of public works may dispose of impounded dockless micromobility devices that are not redeemed within thirty days in any of the following ways:
1. Public auction or sale.
2. Donation to a suitable nonprofit.
3. Scrapping a dockless micromobility device if it cannot be disposed of within reasonable means.
D. The owner of any dockless micromobility device removed under this provision shall be responsible for all costs of impounding and disposing of the dockless micromobility device. Costs not recovered may be recovered with civil action by the city against the system operator. The city assumes no responsibility for damage to dockless micromobility devices impounded under this section.
Part X. Section 11.50.045 of the Wauwatosa Municipal Code is hereby created to read as follows:
11.50.045 Minors and Parental Responsibility
A. Class 3 Electric Bicycles. No person under the age of sixteen years may operate a Class 3 electric bicycle, as provided in Section 346.806(4), Wisconsin Statutes, and no parent or guardian of a person under the age of sixteen years shall authorize or knowingly permit that person to do so.
B. Parental Responsibility. No parent or guardian of a child under 18 years of age shall knowingly permit the child to operate an electric scooter, electric bicycle, or other micromobility device in violation of this chapter. A violation of this subsection shall be subject to the forfeiture applicable to the child’s underlying violation.
C. Out-of-Class Electric Vehicles. A parent or guardian who causes or knowingly permits his or her child or ward under 18 years of age to operate an out-of-class electric vehicle upon a highway, or an owner who authorizes, knowingly permits, or consents to the operation of an out-of-class electric vehicle upon a highway, is subject to citation and forfeiture under Sections 341.04 and 343.45, Wisconsin Statutes, as adopted by Section 11.04.010 of this code.
D. Parental Payment of Forfeiture. When the city prosecutes a violation of this chapter or Section 11.40.460 of this code against a juvenile in a proceeding under Chapter 938, Wisconsin Statutes, the city attorney or the city’s prosecuting authority may request that the court order a parent who has custody of the juvenile, as defined in Section 895.035(1), Wisconsin Statutes, to pay the forfeiture in lieu of the juvenile, as authorized under Section 938.45(1r)(b), Wisconsin Statutes. Nothing in this subsection limits the discretion of the court under Section 938.45(1r)(b), Wisconsin Statutes, including the court’s authority to determine whether imposition of a forfeiture is in the best interest of the juvenile, whether the parent is financially able to pay, and the timing of payment. This subsection does not apply to a person who is prosecuted as an adult, including a person 16 years of age or older who is subject to Section 938.17(1), Wisconsin Statutes, for a traffic violation, or to a juvenile who holds an instruction permit issued under Section 343.07, Wisconsin Statutes.
Part XI. Section 11.50.050 of the Wauwatosa Municipal Code is hereby amended in its entirety to read as follows:
11.50.050 Penalties
Except as otherwise provided in this section, any person violating the provisions of this section chapter or Chapter 11.51 of this code shall, upon conviction for such violation, be subject to a forfeiture of between fifty dollars and five hundred dollars per day for each electric scooter, electric bicycle, or other electric micromobility device operated or parked in violation of this section chapter or the program. Any person who violates Section 11.50.020(A) through (D), Section 11.50.030, or Section 11.50.045(A) in the operation or parking of a micromobility device shall be subject to a forfeiture of not more than twenty dollars, consistent with Section 346.82(1), Wisconsin Statutes. A violation of Section 11.50.020(G) (reckless operation) shall be subject to a forfeiture of not less than fifty dollars nor more than four hundred dollars, consistent with Section 346.65(1)(a), Wisconsin Statutes. Any person violating Section 11.40.460 of this code shall be subject to a forfeiture of not more than two hundred dollars, consistent with Section 341.04(3)(a), Wisconsin Statutes.
Part XII. Chapter 11.51 of the Wauwatosa Municipal Code is hereby renamed “Dockless Micromobility Systems”.
Part XIII. Section 11.51.020 of the Wauwatosa Municipal Code is hereby renamed “Operation of Dockless Micromobility Systems”.
Part XIV. Section 11.50.030 of the Wauwatosa Municipal Code is hereby renamed “Use of Devices in a Dockless Micromobility System”.
Part XV. Section 11.51.010 of the Wauwatosa Municipal Code is hereby amended in its entirety to read as follows:
11.51.010 Definitions
The following definitions apply to this chapter and to Chapter 11.50 - Electric Scooters and Dockless Micromobility Devices:
A. "Dockless micromobility system" means a system of self-service micromobility devices, made available for shared use to individuals on a short-term basis by agents who place self-service micromobility devices in the city for use, which may be rented through a smart-phone app, vendor website, vendor customer service number, or a pre-paid PIN and which do not require structures at permanent, fixed locations where rides must begin and end.
B. A party "operates" a dockless micromobility system in the city if it is placing its self- service dockless micromobility devices in the city for use or rental, through its employees or agents, in order to make such devices available for rent. "System operator": means any person or company who owns, leases, offers to rent, collects, distributes, repairs, services, charges, or otherwise controls a dockless micromobility system.
Part XVI. Section 11.51.020 of the Wauwatosa Municipal Code is hereby amended in its entirety to read as follows:
11.51.020 Operation Of Dockless Micromobility Systems
A. No person may operate a dockless micromobility system in the city without permission to participate in a dockless micromobility system program administered by the board of public works. Participation in the program may only occur upon application and approval of the board of public works.
B. If a company's devices are brought into the city by users or others, but the system operator actively redistributes the devices to another location outside the city within twenty-four hours, the company would not be deemed to be operating the system in the city.
C. Board of public works may revoke right to participation in program based upon repeated or continuous violations of program policy.
Part XVII. Section 11.51.030 of the Wauwatosa Municipal Code is hereby amended in its entirety to read as follows:
11.51.030 Use Of Devices In A Dockless Micromobility System
A. All relevant rules and regulations applicable to bicycles or other devices, and specifically those provisions contained within Chapter 11.50 of this code related to electric scooters and dockless micromobility devices, shall apply to those devices used as part of a dockless micromobility system.
B. If the chief of police or director of public works, or authorized agent of the city, finds on any alley, street, highway, or public place within the city, any dockless micromobility device belonging to an operator who is in violation of this section or in violation of the program requirements, including, but not limited to, improper parking of a dockless micromobility device, the chief, director, or other authorized agent of the city may have the dockless micromobility device immediately removed to a suitable place of impoundment subject to the provisions and procedures described in Section 11.50.040, above.
C. If the operator can be informed, a notice informing the operator of the location of the dockless micromobility device and the procedure for reclaiming the dockless micromobility device shall be sent to the operator within twenty-four hours after removal.
Part XVIII. Section 11.40.450 is hereby amended in its entirety to read as follows:
11.40.450 Unauthorized Motor Vehicles Prohibited On Public Lands, Streets, Bikeways, And Sidewalks
It is unlawful to operate or park any unauthorized motorized vehicle in or upon any portion of public land including, but not limited to, parks, median strips, parkways, school grounds or open-space easements, unless designated as a park drive, roadway, parking area or temporary parking area within such public land.
It is also unlawful to operate any unauthorized motorized vehicle upon any street, sidewalk, or other public right-of-way within the city. For purposes of this section, a motorized vehicle is “unauthorized” when operated upon a street, sidewalk, or public right-of-way if it is required to be, but is not, registered, titled, or licensed for operation on a highway under Chapters 340 to 348, Wisconsin Statutes, as adopted by Section 11.04.010 of this code, or if it does not meet the equipment requirements applicable to its class of vehicle under those chapters. This section does not apply to an electric bicycle, electric scooter, or other micromobility device operated in compliance with Chapter 11.50 of this code.
"Motorized vehicle" means any self-propelled device in, upon or by which any person or property is or may be transported or drawn. Any person violating the provisions of this Section shall be subject to the general penalty provisions of this code.
Part XIV. Section 11.40.460 of the Wauwatosa Municipal Code is hereby created to read as follows:
11.40.460 Out-of-class Electric Vehicles (OCEVs or E-motos) Prohibited on Public Lands, Streets, Bikeways, and Sidewalks
The following definitions apply to this section:
“Out-of-class Electric Vehicle” or “OCEV” or “E-moto” means any device powered by an electric motor that is capable of speeds greater than 20 miles per hour without pedal assist, or that otherwise operates beyond the definition of an electric micromobility device as defined in Section 11.50.010 of this code. An OCEV does not include a motor bicycle, an electric personal assistive mobility device, a personal delivery device, a wheelchair or other mobility device used by an individual with a disability, or any vehicle that is registered for operation on a highway under Chapter 341, Wisconsin Statutes.
It is unlawful to operate or park an OCEV upon any public lands, streets, alleys, sidewalks, bicycle lanes, bicycle ways, or multiuse paths. An OCEV operated or parked upon a highway in violation of this section may be removed and impounded as an unregistered motor vehicle in accordance with Section 341.65(2), Wisconsin Statutes.
Part XX. This ordinance shall take effect on and after its date of publication.
By: Transportation Affairs Committee
recommendation
Recommendation: Adopt 6-0