Number
180606
Version
SUBSTITUTE 2
Reference
180607
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to dockless motorized scooters in the city.
Sections
81-43.9 cr
101-54 cr
Analysis
This ordinance outlines local regulation of the operation of dockless motorized scooter systems in the city in recognition of the need for State legislation allowing motorized scooters.
Body
Whereas, Dockless scooter technology is developing rapidly; and
Whereas, Dockless bikes and motorized scooter technology can be a valuable component of an urban transportation system; and
Whereas, The City recognizes that dockless motorized scooters may create disruption and hazards in the public right-of-way; and
Whereas, The City wishes to conduct a pilot study to evaluate the operation and effectiveness of dockless motorized scooter systems but may not do so until the state statutes are amended to allow the operation of dockless motorized scooter upon the highway including public streets and sidewalk; and
Whereas, It is the intent of the City to seek state legislation regulating standards and registration of dockless motorized scooters as part of a shared system or as privately owned vehicles; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-43.9 of the code is created to read:
81-43.9 Dockless Motorized Scooter Redemption Fee. The fee for redemption of a dockless motorized scooter that has been impounded shall be $100.
Part 2. Section 101-54 of the code is created to read:
101-54. Dockless Motorized Scooters.
1. DEFINITIONS. In this section:
a. “Dockless” means a system of self-service vehicles made available for shared use to individuals on a short-term basis, which are GPS enabled, and may be tracked and remotely disabled, and which may be rented via 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. “Motorized scooter” means a vehicle that is designed to be stood or sat upon by the operator and that has 2 small diameter wheels, upright t-shaped handlebars and is powered by an internal combustion engine or electric motor capable of propelling the device with or without human power.
c. “Operator” means any person who owns, leases, offers to rent, collects, distributes, repairs services, charges or otherwise asserts control of a dockless motorized scooter system.
d. “Person” means any individual, firm, corporation, limited liability company, partnership or association acting in a fiduciary capacity.
2. REMOVAL OF DOCKLESS MOTORIZED SCOOTERS. As under s. 341.04(1), Wis. Stats., the operation of unregistered motor vehicles on public highways is prohibited, if the chief of police or commissioner of public works finds on any alley, street, highway or public place within the city, any dockless motorized scooter, the chief, the commissioner or other authorized agent of the city may have the dockless motorized scooter immediately removed to a suitable place of impoundment. If the operator can be identified, a notice informing the operator of the location of the dockless motorized scooter and the procedure for reclaiming the dockless motorized scooter shall be sent to the operator’s corporate headquarters within 24 hours after removal.
3. PERIOD OF IMPOUNDMENT. Upon impoundment, a dockless motorized scooter shall be held a minimum of 30 days unless earlier redeemed by the owner or owner’s representative upon payment of the redemption fee provided in s.81-43.9.
4. DISPOSITION OF UNREDEEMED DOCKLESS MOTORIZED SCOOTERS. The commissioner of public works may dispose of impounded dockless motorized scooters that are not redeemed within 30 days in any of the following ways:
a. Public auction or sale.
b. Donation to a suitable nonprofit organization for charitable, educational or other eleemosynary purposes.
c. Scrapping a dockless motorized scooter that cannot be disposed of through any other reasonable means.
5. OWNER RESPONSIBLE FOR COSTS. The owner of any dockless motorized scooter removed under this provision shall be responsible for all costs of impounding and disposing of the dockless motorized scooter. Costs not recovered from the sale of the dockless motorized scooter may be recovered in a civil action by the city against the operator. The city assumes no responsibility for damage to dockless motorized scooters impounded under the provisions of this section.
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requester
Drafter
LRB171710-6
Kathleen Brengosz:
7/31/2018
Clerical Correction -- James R. Owczarski -- July 31, 2018