HomeMy WebLinkAbout2557-19 - ADMIN Ordinance - City Council - 2019/04/15Ordinance No. 2557-19
An ordinance regarding mobility sharing operations
The City of St. Louis Park does ordain:
Section 1. That Chapter 30 of the Code of Ordinances, City of St. Louis Park, Minnesota, is
hereby amended by adding the underscored language.
Article VII. Mobility Sharing Operations
Sec. 30-212. Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Bicycle shall have the meaning specified in Minnesota Statute Section 169.011.
Motorized foot scooter shall have the meaning specified in Minnesota Statute Section
169.011.
Vehicle shall have the meaning specified in Minnesota Statute Section 169.011.
Low power vehicle shall include motorized foot scooters, and any other powered
transportation device expressly identified as such pursuant to city council action. A
current list of any devices added to and included in this definition shall be kept on file by
the director of engineering, and will be made readily available for public inspection.
Bicycle sharing shall mean any rental or lending services that:
(1) Allows bicycle riders to temporarily use bicycles available from a fleet in exchange
for a fee or other form of direct or indirect compensation; and
(2) Encourages, allows, or is susceptible to bicycle vending, renting, or lending from
public right of way or other city property.
Low power vehicle sharing shall mean any rental or lending services that:
(1) Allows low power vehicle riders to temporarily use low power vehicles available
from a fleet in exchange for a fee or other form of direct or indirect compensation;
and
(2) Encourages, allows, or is susceptible to low power vehicle vending, renting, or
lending from public right of way or other city property.
Car sharing shall mean any rental or lending services that:
(1) Allows qualified drivers to temporarily use vehicles available from a fleet in
exchange for a fee that is based on mileage and/or duration of use; and
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(2) Conducts its vehicle vending from parking spaces located in the public right of way.
Car sharing does not mean a vehicle rental or lending service using a daily rental
charge or requiring a minimum twenty-four (24) hour rental period.
Mobility sharing shall mean any one, any combination of, or all of the following:
(1) Bicycle sharing
(2) Low power vehicle sharing
(3) Car sharing
Sec. 30-213. Impounding authorized
(a) Bicycles or low power vehicles may be impounded by any police officer, duly
authorized city employee, or city-licensed impoundment contractor because:
(1) The bicycle or low power vehicle was found unattended and blocking traffic or
public infrastructure, or otherwise compromising public safety.
(2) The bicycle or low power vehicle is part of an unpermitted mobility sharing
operation and is found in violation of one or more provisions of Division 3 of
this article.
(3) The bicycle or low power vehicle is found in violation of one or more of the
terms of a contract or license issued under Division 3 of this article.
(b) All bicycles or low power vehicles found in violation of this section are subject to
impoundment without warning.
(c) “Impoundment” or “impound’ as used in this article means removal of a bicycle or
low power vehicle to a temporary storage location or designated impound facility
by the city, or by a city-licensed impoundment contractor, in response to
authorization from a police officer, traffic control agent, or other city employee
who is designated by the director of engineering to act under this section.
(d) Not more than seventy-two (72) hours after impoundment of any bicycle or low
power vehicle, the city shall attempt notice to the owner of the device, as
disclosed by readily identifiable owner contact information attached to the bicycle.
The notice shall be attempted by telephone, electronic mail, or U.S. mail. The
notice shall outline the impoundment and redemption process. If a bi cycle is
redeemed prior to the submission of notice, or if the city is unable to readily
identify the owner, then the notice need not be sent. Saturdays, Sundays, and city
holidays are to be excluded from the calculation of the seventy-two (72) hour
period.
(e) All bicycles or low power vehicles impounded under this section shall be subject to
an impounded fee that is sufficient to offset the city’s costs of enforcement and
storage for each such device.
Sec. 30-214. Sale of impounded bicycles.
Any bicycle lawfully coming into the possession of the city and remaining unclaimed by
the owner for a period of at least thirty (30) days may be sold to the highest bidder at
public auction or sale following reasonable published notice.
Sec. 30-215. Sale of impounded low power vehicles.
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Any low power vehicle lawfully coming into the possession of the city and remaining
unclaimed by the owner for a period of at least thirty (30) days may be sold to the highest
bidder at public auction or sale following reasonable published notice.
Secs. 30-216--30-230. Reserved.
Division 2. Operation
Sec. 30-231. State bicycle laws apply.
The operation of a bicycle upon any public street, alley, highway, sidewalk, or other public
property in the city shall be governed by the provisions of Minnesota Statutes, Section
169.222 together with this chapter.
Sec. 30-232. State operation laws apply.
The operation of each form of low power vehicle upon a public street, alley, highway,
sidewalk, or other public property in the city shall be governed by the corresponding
provisions of Minnesota Statutes, Chapter 169.
Secs. 30-233--30-250. Reserved.
Division 3. Mobility sharing operations
Sec. 30-251. Contract or license required.
(a) Notwithstanding any other provision to the contrary, no person shal l engage in the
business of mobility sharing from public right of way or other city property without
a valid contract or license agreement with the city. As used in this chapter, the
words “contract” or “license” shall mean a written contract or agreement issued
by the engineering director, with formal approval by the city council.
(b) Any bicycle or low power vehicle that is part of a mobility sharing operation not
authorized by contract or license under this section shall be deemed an
unpermitted bicycle or unpermitted low power vehicle. Any person in possession
of an unpermitted bicycle or low power vehicle may ride such device into and
through the city, subject to all applicable state and local laws and rules, including
but not limited to any ordinances promulgated by Three Rivers Park District and
the Minneapolis Park and Recreation Board. All unpermitted bicycles or low power
vehicles must be attended by the same user at all times while on public right of
way or other city property. As used in this article, “attended” means a readily
identifiable user is located within five feet of t he bicycle.
(c) A maximum of three (3) mobility sharing contracts or licenses shall be allowed
within the city.
Sec. 30-252. Control of right of way.
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Contracts or licenses issued pursuant to this chapter shall not operate so as to transfer
ownership or control of the public right of way to mobility sharing operators, or to any
other party.
Sec. 30-253. Compliance with laws.
Mobility sharing operators and consumers shall comply with all applicable federal, state,
and local laws, as they may be amended from time to time.
Sec. 30-254. Attachment of bicycles prohibited.
Bicycles that are part of any mobility sharing operation shall not, for any length of time,
be secured, attached, or connected to a bicycle rack, or any other immovable object with
a lock unless expressly permitted under city contract or license.
Sec. 30-255. Attachment of low power vehicles prohibited.
Low power vehicles that are part of any mobility sharing operation shall not, for any
length of time, be secured, attached, or connected to a b icycle rack, or any other
immovable object, with a lock unless expressly permitted under city contract or license.
Sec. 30-256. Exclusive use of bicycle sharing stations.
Bicycles that are part of any mobility sharing operation shall not be parked, for any length
of time, in a designated, city-permitted bicycle sharing station unless such bicycle is
permitted by a valid contract or license under Section 30-251. All city-permitted bicycle
sharing stations will be clearly identified.
Sec. 30-257. Exclusive use of low power vehicle sharing stations.
Low power vehicles that are part of any mobility sharing operation shall not be parked, for
any length of time, in a designated, city-permitted low power vehicle sharing station
unless such low power vehicle is permitted by a valid contract or license under Section 30-
251. All city-permitted low power vehicle sharing stations will be clearly identified.
Sec. 30-258. Enforcement
(a) Bicycles or low power vehicles may be deemed to be part of a mobility sharing
operation 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 mobility sharing as defined in this chapter.
(b) Any bicycle or low power vehicle deemed to be part of a mobility sharing
operation that is found illegally parked, left unattended on public right of way or
other city property for a period of more than fifteen (15) minutes, or otherwise in
violation of the terms of a valid city contract or license, shall be subject to
impoundment under Division 1 of this article.
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(c) Any bicycle or low power vehicle deemed to be part of a mobility sharing
operation that is left unattended on private property shall be subject to
impoundment under Division 1 of this article. Impoundment shall not occur unless,
and until, a qualifying request to remove the device is made by the owner or
authorized representative of such property.
(d) In addition to any other remedy available at equity or law, failure to comply with
the provisions of this Article VII, or with the terms of any contract or license issued
pursuant to the provisions of Section 30-251, may result in impoundment as
provided in this article, license revocation, suspension or cancellation,
administrative fines, restrictions, or penalties as provided in Chapter 1 of this code.
Secs. 30-259--30-290. Reserved
Section 2. That Appendix A of the Code of Ordinances, City of St. Louis Park, Minnesota, is
hereby amended by adding the underscored language. Section breaks are represented by ***.
ENGINEERING DEPARTMENT
***
Mobility Sharing
Device Impoundment
Impoundment fee $56 per mobility sharing device
Storage fee $18 per day if not retrieved in the
same day of impoundment.
License Fee $100 per mobility sharing device
Section 3. This ordinance shall take effect on May 10, 2019
Reviewed for administration: Adopted by the City Council April 15, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to form and execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
First Reading April 1, 2019
Second Reading April 15, 2019
Date of Publication April 25, 2019
Date Ordinance takes effect May 10, 2019
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