19-1818 Vehicle Sharing Program Amending City Code
VEHICLE SHARING PROGRAMS ORDINANCE PAGE 1
CITY OF MERIDIAN ORDINANCE NO. 19-1818
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
LITTLE ROBERTS, MILAM, PALMER
AN ORDINANCE ADDING A NEW CHAPTER, CHAPTER 3, TO TITLE 8, MERIDIAN
CITY CODE, REGARDING VEHICLE SHARING PROGRAMS; AMENDING
MERIDIAN CITY CODE SECTION 4-2-2, REGARDING PARTY RESPONSIBLE FOR
NUISANCE; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 7-1-9,
TO TITLE 7, CHAPTER 1, MERIDIAN CITY CODE, REGARDING ELECTRIC
POWER-ASSISTED BICYCLES AND SCOOTERS; ADDING A NEW SUBSECTION,
SUBSECTION 7-1-9(F), TO MERIDIAN CITY CODE SECTION 7-1-9, REGARDING
PROHIBITED PARKING; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, under Idaho Code section 50-329, and Alpert v. Boise Water Corp. , 118
Idaho 136 (1990) municipalities are duly authorized to establish franchises by ordinance,
including franchises for the use of streets and sidewalks within city limits; to establish terms and
conditions of such use; and to establish a franchise fee for such use;
WHEREAS, Idaho Code section 49-208 authorizes municipalities to regulate the use of
highways by any kind of traffic found to be incompatible with the normal and safe
movement of traffic, regulate persons upon toy vehicles, and establish procedures for the
removal of vehicles from sidewalks and highways;
WHEREAS, the City Council of the City of Meridian finds that electric power-
assisted scooters ( e-scooters) are consumer products as described in 15 United State Code
section 2085 and/or toy vehicles as referenced in Idaho Code section 49-208(1)(s), and are not
motor vehicles as defined in Idaho Code section 49-123(1)(h);
WHEREAS, the City Council of the City of Meridian seeks by this ordinance to: 1)
protect and enhance the safety of the several users of streets and sidewalks in our community,
including pedestrians, vehicular traffic, and shared vehicle riders; 2) facilitate micromobility
transportation options for residents of and visitors to Meridian; 3) establish clarity in regulation
for operators and users of Shared Vehicle Programs, as well as City staff and Meridian citizens;
and
WHEREAS, the City Council of the City of Meridian finds that the following ordinance
is necessary to protect the public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That a new chapter, Chapter 3, shall be added to Title 8, Meridian City Code,
to read as follows.
Meridian City Council Meeting Agenda March 19, 2019 – Page 647 of 652
VEHICLE SHARING PROGRAMS ORDINANCE PAGE 2
TITLE 8
PUBLIC WAYS AND PROPERTY
CHAPTER 3
VEHICLE SHARING PROGRAMS
SECTION 8-3-1: DEFINITIONS
For the purposes of this chapter, these terms shall be defined as follows. All times enumerated in
this chapter shall refer to Mountain Standard Time.
A. ELECTRIC POWER-ASSISTED BICYCLE or E-BIKE: See definition of “electric-
assisted bicycle” in Idaho Code section 49-106, incorporated herein by reference.
B. ELECTRIC POWER-ASSISTED SCOOTER or E-SCOOTER: A vehicle that has two (2)
or three (3) tandem wheels, has a floorboard designed to be stood upon when riding , and is
propelled either by human power or with the assistance of an electric motor. E-scooters are
consumer products, as defined by 15 U.S.C. section 2085, rather than motor vehicles as
defined by Idaho Code section 49-123(1)(h).
C. FRANCHISED PREMISES: Public streets and sidewalks in the City of Meridian; paved,
ground-level surfaces on property owned by the City of Meridian, excluding the Water
Department and the Wastewater Reuse Facility; and pathways enumerated in the City of
Meridian Pathways Master Plan, to the extent City is duly authorized to convey such
franchise under the various instruments establishing such pathways.
D. OPERATOR or VEHICLE SHARING PROGRAM OPERATOR: A person who owns,
manages, operates, or acts on behalf of a Vehicle Sharing Program.
E. PROGRAM or VEHICLE SHARING PROGRAM: The offer for hire or use, by self-service,
of one or more shared vehicles.
F. RIDER: A person riding or using a shared vehicle.
G. SHARED VEHICLE: An e-bike, e-scooter, bicycle, or other vehicle offered by a Vehicle
Sharing Program Operator for hire or use by self-service.
SECTION 8-3-2: VEHICLE SHARING PROGRAM FRANCHISE:
A. Franchise established; consideration. There is hereby created by the City of Meridian a
non-exclusive Vehicle Sharing Program franchise for the operation of Vehicle Sharing
Programs on Franchised Premises. In consideration for City’s grant of a franchise under this
Chapter, City shall not operate a Vehicle Sharing Program in Meridian.
B. Franchise required. It shall be unlawful for any person to conduct a Vehicle Sharing
Program unless a valid City of Meridian Vehicle Sharing Program Operator Franchise has
Meridian City Council Meeting Agenda March 19, 2019 – Page 648 of 652
VEHICLE SHARING PROGRAMS ORDINANCE PAGE 3
been issued as herein provided and said franchise is in full force and effect. City may
remove any shared vehicles offered by an unfranchised Operator.
SECTION 8-3-3: VEHICLE SHARING PROGRAM OPERATOR REQUIREMENTS:
A. Parking. Riders shall park shared vehicles upright. No person shall park a shared vehicle
used under a Vehicle Sharing Program:
1. In any vehicular travel lane or bike lane;
2. In a manner or location that reduces the width of the useable area of a public sidewalk or
pathway to less than five feet (5’).
3. On a block without sidewalks;
4. In a manner or location that impedes ADA accommodations, including, but not limited to,
curb ramps, railings, or signal buttons;
5. In a manner or location that impedes a fire hydrant or other public safety infrastructure;
6. In any on-street parking space;
7. On private property without permission of the owner of the property; or
8. On or in a driveway.
B. Parking shared vehicles in City parks. Riders shall park shared vehicles upright, at a public
bicycle rack or at a parking location identified by a Beacon. Operators deploying shared
vehicles in parks shall park such shared vehicles upright, at a public bicycle rack or at a
parking location identified by a Beacon.
C. Responsible for nuisance. Operator shall be presumed to be responsible for any general
nuisance created by a shared vehicle where such shared vehicle is left on any portion of a
public sidewalk or roadway. Operator bears the burden of rebutting this presumption.
SECTION 8-3-4: PENALTY:
Any person committing an act prohibited by this chapter, or failing to comply with a requirement
of this chapter, shall be deemed to have committed an infraction punishable by a penalty of one
hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing
a violation of any provision of this chapter shall be subject to any and all other applicable
administrative, criminal, and/or civil penalties, as set forth in this Chapter or elsewhere in any
applicable City, state, or federal law. Each day upon which a violation of this chapter occurs
and/or continues may be deemed a separate and distinct violation.
SECTION 8-3-5: ENFORCEMENT:
Peace officers, code enforcement officers, and/or community service officers shall be
empowered to enforce the provisions of this section. Such officers may investigate any use or
activity which he or she reasonably believes violates the provisions of this section. If an officer
reasonably believes that a provision of this section has been violated, the officer may issue a
citation to the person responsible for the violation or to the Vehicle Sharing Program Operator.
Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules,
which are incorporated herein by this reference.
Section 2. That Meridian City Code section 4-2-2 shall be amended to read as follows.
Meridian City Council Meeting Agenda March 19, 2019 – Page 649 of 652
VEHICLE SHARING PROGRAMS ORDINANCE PAGE 4
SECTION 4-2-2: RESPONSIBLE PARTY:
A. Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited, the
owner of record, as reflected on the most recent assessment roll, shall be presumed to be
responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such
owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be
responsible for payment of any and all costs incurred in abating the nuisance. The owner of
record shall bear the burden of rebutting this presumption.
B. Where a general nuisance is created by personal property on any portion of a public sidewalk,
the owner of the personal property, if such owner can be identified, shall be presumed to be
responsible for creating, causing, committing, maintaining, and/or allowing such nuisance.
Section 3. That a new section, Meridian City Code section 7-1-9, shall be added to Title
7, Chapter 1, Meridian City Code, to read as follows.
7-1-9: ELECTRIC POWER-ASSISTED SCOOTERS:
Persons riding e-scooters, as such term is defined in Title 8, Chapter 3, Meridian City Code, shall
comply in all respects with the following provisions.
1. On streets which have a speed limit of greater than 45 miles per hour or more, persons riding
e-scooters shall ride only on the adjacent sidewalk, and shall not ride on the street.
2. On streets which have a speed limit between 25 miles per hour and 45 miles per hour,
persons riding e-scooters shall ride in bike lane s where available, or, where bike lanes are not
available, rider s may ride on the adjacent sidewalk.
3. On streets which have a speed limit of 25 miles per hour or less, persons riding e-scooters
shall ride on the street, in bike lane s when available.
4. Persons riding e-scooters shall yield to pedestrians at all times. Persons riding e-scooters on
a sidewalk must maintain a distance of two feet (2’) from all pedestrians .
5. Persons riding e-scooters may not carry any passengers.
Section 4. That a new subsection, subsection 7-1-9(F), shall be added to Meridian City
Code section 7-1-9, to read as follows.
7-2-2: PROHIBITED PARKING:
Except when necessary to avoid conflict with other traffic, or in compliance with law or the
directions of a police officer or official traffic control device, no person shall:
* * *
F. Park or leave unattended an e-bike or e-scooter, as such terms are defined in Title 8, Chapter
3, Meridian City Code:
1. In any vehicular travel lane or bike lane;
2. In a manner or location that reduces the width of the useable area of a public sidewalk or
pathway to less than five feet (5’);
3. On a block without sidewalks;
Meridian City Council Meeting Agenda March 19, 2019 – Page 650 of 652
4. In a manner or location that impedes ADA accommodations, including, but not limited to,
curb ramps, railings, or signal buttons;
5. In a manner or location that impedes a fire hydrant or other public safety infrastructure;
6. In any on -street parking space;
7. On private property without a written agreement with the owner of the property; or
8. On or in a driveway.
Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 6. That this ordinance shall be effective thirty (30) days following its first
reading, pursuant to Idaho Code section 50-329.
PASSED by the City Council of the City of Meridian, Idaho, this lq'day of
O,WI) , 2019.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of
mar 2019.
APPROVED:
Tammy de Weerd, Mayor
ATTES
r'11AY Col City C erk
VEHICLE SHARING PROGRAMS ORDINANCE PAGE 5
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1818
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby
certifies that he is the legal advisor of the City and has reviewed the following summary, and has
found the same to be true and complete and provides adequate notice to the public pursuant to
Idaho Code § 50-901A(3).
DATED this l day of '2019.
William L.M. Nary, City Attorney
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 19-1818
An Ordinance adding a new chapter, Chapter 3, to Title 8, Meridian City Code, regarding
Vehicle Sharing Programs; amending Meridian City Code Section 4-2-2, regarding party
responsible for nuisance; adding a new section, Meridian City Code section 7-1-9, to Title 7,
Chapter 1,Weridian City Code, regarding electric power -assisted bicycles and scooters; adding a
new subsection, subsection 7-1-9(F), to Meridian City Code section 7-1-9, regarding prohibited
parking; adopting a savings clause; and providing an effective date. A full text of this ordinance
is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This
ordinance shall be effective upon its passage and publication.
ti
I of Me dian
Mayor and City Council
First Reading: V /,� / ��G1
Adopted after first reading by suspension of
the rule as allowed pursuant to Idaho Code
§ 50-902: YES_ NO
Second Reading:
By: C.Jay Coles, City Clerk Third Reading: ✓
QO�yTED AUG�S
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(� ('ily of
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IDAHO
SEAL 7�")
VEHICLE SHARING PROGRAMS ORDINANCE PAGE 6
351462 1881854
1 MERIDIAN, CITY OF
33 E. BROADWAY AVENUE
MERIDIAN ID 83642
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO )
)SS.
County of Ada )
Sharon Jessen
of Nampa, Canyon County, Idaho, being
first duly sworn, deposes and says:
1. That I am a citizen of the United States,
and at all times hereinafter mentioned
was over the age of eighteen years, and
not a party to the above entitled action.
2. That I am the Principle Clerk of the
Meridian Press, a weekly newspaper
published in the City of Meridian, in the
County of Ada, State of Idaho; that
the said newspaper is in general
circulation in the said County of
Ada, and in the vicinity of
Meridian, and has been
uninterruptedly published in said
County during a period of seventy-eight
consecutive weeks prior to the first
publication of this notice, a copy of
which is hereto attached.
3. That the notice, of which the annexed is
a printed copy, was published in said
newspaper 1 time(s) in the regular and
entire issue of said paper, and was
printed in the newspaper proper, and not
in a supplement.
That said notice was published the following;
03/29/2019
r
�a
'STATE OF IDAHO)
County of Canyon)
On this 29th day of March in the year of
2019 before me a Notary Public, personally appeared.
Sharon Jessen, known or identified
to me to be the person whose name is subscribed
to the within instrument, and being by me first
duly sworn, declared that the statements therein
are true, and acknowledge to me that he/she
execMd the same.
— `%II........go
��
ary Public for Idaho �s EM R,
Residing at Canyon County e�.`0�;;�•'''�s"®,®
My Commission expires 06/28/2023
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