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Consideration of request from City Attorney’s Office, Engineering Division, and Police Department for amendments to Chapters 11.50 and 11.51 and Section 11.40.450, and creation of Section 11.40.460, regarding electric bicycles, electric scooters, micromobility devices, and out-of-class electric vehicles (e-motos)
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Submitted by:
Cody Pansing, Assistant City Attorney
Elizabeth Saunderson, Multimodal Transportation Engineer
Luke Vetter, Deputy Chief of Police
Department
City Attorney’s Office
DPW - Engineering Division
Police Department
A. Issue
Whether the Committee should recommend that the Common Council adopt amendments to Chapter 11.50 (Electric Scooters, Electric Bicycles, and Other Micromobility Devices), Chapter 11.51 (Dockless Micromobility Systems), and Section 11.40.450 (Unauthorized Motor Vehicles), and create a new Section 11.40.460 prohibiting the operation of out-of-class electric vehicles, commonly called “e-motos,” on City streets, paths, sidewalks, and public lands.
B. Background/Options
Chapter 11.50 was adopted in 2019 (Ord. O-19-24), primarily to address electric scooters and dockless micromobility systems. Since then, electric bicycle use has grown substantially, as has the availability of higher-powered electric vehicles that are often sold as e-bikes but exceed the state definition of an electric bicycle. These devices are frequently ridden by minors.
Under state law, an electric bicycle is a bicycle with fully operative pedals and an electric motor of 750 watts or less that falls within one of three classes. Wis. Stat. § 340.01(15ph). Class 1 and Class 2 e-bikes stop providing motor assistance at 20 miles per hour, and Class 3 e-bikes are pedal-assist only and stop at 28 miles per hour. An electric bicycle generally has the same rights and duties as a bicycle, and no person under 16 may operate a Class 3 electric bicycle. Wis. Stat. § 346.806(1), (4). A device that exceeds those limits is not a bicycle. It is a motor vehicle subject to the registration, licensing, and equipment requirements of Chapters 341 to 347, Wisconsin Statutes, which most e-motos cannot meet.
The City Attorney’s Office and Engineering prepared the proposed amendments. The principal changes are:
Definitions. The definitions in Section 11.50.010 are updated to track the state definitions of electric bicycles (all three classes), electric scooters, electric personal assistive mobility devices, and in-line skates. New definitions are added for electric micromobility devices, docked micromobility systems, and reckless operation.
Rules of operation. Riders of electric scooters, electric bicycles, and other micromobility devices on streets, bike lanes, paths, and other public rights-of-way have the rights and duties of a vehicle operator, and must obey traffic signs and signals, right-of-way rules, speed limits, and the prohibitions on reckless driving and racing. Riders must travel at a reasonable and prudent speed, yield to pedestrians, give an audible signal before passing, and may not operate recklessly. Electric scooters may not be operated on sidewalks, pedestrian paths, or City playgrounds, or on roads with speed limits above 30 miles per hour except in crosswalks or marked bike lanes. Nothing in the chapter limits the use of a wheelchair or other mobility device by an individual with a disability.
Minors and parental responsibility. New Section 11.50.045 adopts the state prohibition on operation of a Class 3 electric bicycle by a person under 16 and prohibits a parent or guardian from knowingly permitting a child to violate the chapter. A parent or owner who permits operation of an e-moto on a highway is subject to citation under Wis. Stat. §§ 341.04 and 343.45. When a violation is prosecuted against a juvenile under Chapter 938, the City may ask the court to order the custodial parent to pay the forfeiture under Wis. Stat. § 938.45(1r)(b). That provision does not apply to a 16- or 17-year-old prosecuted as an adult for a traffic violation under Wis. Stat. § 938.17(1) or to a juvenile who holds an instruction permit.
Out-of-class electric vehicles. New Section 11.40.460 defines an out-of-class electric vehicle, or e-moto, as an electric-powered device capable of exceeding 20 miles per hour without pedal assist, or that otherwise falls outside the definition of an electric micromobility device. Registered vehicles, motor bicycles, electric personal assistive mobility devices, personal delivery devices, and mobility devices used by individuals with disabilities are excluded. E-motos may not be operated or parked on public lands, streets, alleys, sidewalks, bike lanes, bikeways, or multiuse paths, and may be impounded as unregistered motor vehicles under Wis. Stat. § 341.65(2).
Unauthorized motor vehicles. Section 11.40.450 is amended to clarify that a motorized vehicle is “unauthorized” on a street, sidewalk, or public right-of-way if it is required to be, but is not, registered, titled, or licensed, or does not meet the equipment requirements for its class. Micromobility devices operated in compliance with Chapter 11.50 are excluded.
Penalties. Section 11.50.050 ties forfeitures to the state penalty structure. Operation and parking violations by riders carry a forfeiture of not more than $20, consistent with Wis. Stat. § 346.82(1), with higher ranges for reckless operation and e-moto violations. Other violations, including those by dockless system operators, are subject to a $50 to $500 forfeiture.
Options:
(1) recommend that the Common Council adopt the amendments as drafted;
(2) recommend adoption with modifications; or
(3) decline to recommend adoption.
C. Strategic Plan (Area of Focus)
Public safety and safe, accessible streets, sidewalks, and paths for all users.
D. Fiscal Impact
None anticipated. Enforcement will be handled within existing Police Department operations, and forfeiture and impoundment revenue is not expected to be significant.
E. Recommendation
Staff recommends that the Committee recommend Common Council adoption of the proposed amendments to Chapters 11.50 and 11.51 and Section 11.40.450, and creation of Section 11.40.460.