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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 o- Tv (� ('ily of IDIAN�_— 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 i iOUBL�G ;'