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Home My WebLink About2023-OR-26 Ordinance (Partially) Amending Ordinance 2021-OR-12, An Ordinance Regulating Parking of Shared Mobility Devices BEFORE THE JEFFERSONVILLE COMMON COUNCIL STATE OF INDIANA ORDINANCE NO. 2023-OR-..26 AN ORDINANCE AMENDING ORDINANCE NO. 2021-OR-12, AN ORDINANCE REGULATING PARKING OF SHARED MOBILITY DEVICES WHEREAS, the Common Council of the City of Jeffersonville ("Council") has previously adopted Ordinance No. 2021-OR-12, "An Ordinance Regulating Parking of Shared Mobility Devices"; WHEREAS, the Council has determined that parts of Ordinance No. 2021-OR-12 should be amended; WHEREAS, the Council believes the amendment is necessary to protect the health, safety and general welfare of its residents; and WHEREAS, the Council further believes the amendment will make the enforcement of Ordinance No. 2021-OR-12 more efficient as it relates to the parking of shared mobility devices; and NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Jeffersonville that Section 2 of Ordinance No. 2021-OR-12, "An Ordinance Regulating Parking of Shared Mobility Devices" shall be amended as follows: Paragraph g of Section 2 shall be added as follows: "(g) Shall be parked in city parks only in areas that are designated and marked for Shared Mobility Devices, as determined by the Jeffersonville Parks Authority. " NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Jeffersonville that Section 3 of Ordinance No. 2021-OR-12, "An Ordinance Regulating Parking of Shared Mobility Devices" shall be amended as follows: The following sentence shall be added to the third paragraph of Section 3 as follows: "Any impounded Shared Mobility Device shall become the property of the City of Jeffersonville thirty (30) days after notification to the operator is mailed or upon the denial of an appeal in the event of an appeal at which time the City of Jeffersonville Street Department shall depose of the Shared Mobility Device as it deems appropriate. " All other provisions of Ordinance No. 2021-OR-12 shall remain unchanged. This Ordinance (2023-OR-0.07) shall be in full force and effect from and after its passage by Common Council and approval by the Mayor. Voted for: Voted Against: 1,9 if 22. 0: 2023-0R-ae passed and adopted by the Common Council of the City of Jeffersonville, Clark County, Indiana this /5- day of May, 2023. t Owen President ATTEST: Lisa Gill Clerk 2023-OR-�� presented by me as Clerk to the Mayor of said City of Jeffersonville this /,, day of May, 2023. Lisa Gill Clerk This Ordinance (2023-OR-off ) approved and signe by me this /- day of May, 2023. Mike Moore, Mayor City of Jeffersonville ORDINANCE NO. 2021-OR- 12- BEFORE THE JEFFERSONVILLE COMMON COUNCIL STATE OF INDIANA AN ORDINANCE REGULATING PARKING OF SHARED MOBILITY DEVICES WHEREAS, the City of Jeffersonville is the location of shared mobility systems whereby the public are given the opportunity to use devices such as electric/motorized bicycles or scooters; and WHEREAS, these share mobility systems are located and/or operated in public right-of-ways; and WHEREAS, the Jeffersonville Common Council desires to ensure that such devices are operated in a manner that does not endanger the health, safety and welfare of the public; and WHEREAS, the Jeffersonville Common Council believes these devices should be parked in a manner that does not obstruct the public right-of-way; and NOW THEREFORE BE IT ORDAINED by the Common Council for the City of Jeffersonville as follows: Section 1. Definitions. As used in this Ordinance, the following terms shall have the meanings ascribed to them: Public right-of-way shall mean the area of real property in which the City has a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below or above the present and future streets, alleys, avenues, roads, highways, parkways or boulevards or acquired as right-of-way. The term does not include easements obtained specifically and exclusively for utilities or private easements. Shared Mobility Device means, but is not limited to, any of the following devices used in a Shared Mobility System: 1. A bicycle shall mean a human-powered vehicle with two wheels in tandem design to transport by the act of pedaling more or more persons seated on one or more saddle seats on its frame. 2. An electric bicycle shall mean any bicycle equipped with a motor that provides assistance when the rider is pedaling, and that ceases to provide assistance when the electric bicycle reaches 20 mph or a Bicycle equipped with a throttle-actuated motor, that ceases to provide assistance when the electric bicycle reaches 20 mph. 3. Scooter, which means a conveyance or device with two (2) or more wheels in contact with the ground with a floorboard for the user to stand upon when using it, and may be propelled by a motor that reaches no more than 20 mph. 4. Any other similar device approved by the Jeffersonville Board of Public Works and Safety. 5. Shared Mobility Device does not include any other type of motor vehicle. 6. Notwithstanding the foregoing, a shared mobility device shall not include a device used to aid a person with a disability, including but not limited to a motorized wheel chair. Operator means a person or entity that owns and/or operates a shared mobility system. Shared Mobility System or System means a system which provides a shared mobility device for short- term rentals for trips and which may be locked or unlocked for use with or without being located on a rackor docking system. User means a person who rents and uses, or allows another person to use a shared mobility device from an operator. A User must be at least eighteen (18) years of age. Section 2. Parking A Shared Mobility Device that is not in use: (a)Shall be parked in such a way that leaves at least four (4) feet of unobstructed passage in the public right of way, which shall be documented by a suitable photograph taken by the user upon conclusion of the ride if there is no permanent docked station for the Shared Mobility Device; (b) May be parked in the grassplot, the grassy section of public right-of-way between the sidewalk and street, but may not park in any landscaped areas in the public right-of-way between the sidewalk, street or buildings; (c) Shall be parked at a bicycle rack or docking station, if available; (D) Shall be parked in an upright manner; (e) Shall not be parked in a way to obstruct; (1)Any transit infrastructure or public right-of-way, where parking blocks accessibility pursuant to the Americans with Disabilities Act of 1990, bike-share stations, or bus operations including but not limited to bus stops-and signs, shelters, bus rapid transit stations, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks; (2)Any loading zone; 3 Any accessible parking zones or spaces for people with disabilities; 4 Any street furniture that require pedestrian access; 5 Any curb ramp; 6 Any entrance or exit from any building (must be at least ten feet from any entrance or exit); (7)Any driveway; and (8)Any raingarden and/or drainage facilities. (f) Shall not be parked in any street or alleyway, unless approved by the Jeffersonville Board of Public Works and Safety, or on any private property without the permission of the property owner and compliance with applicable zoning code. The Jeffersonville Board of Public Works and Safety may by regulation limit the locations at which a Shared Mobility System may operate or cause Shared Mobility Devices to be stored or parked. Any unused Shared Mobility Devices parked in a manner set forth in paragraph (e)(1) through paragraph (e)(8) shall be considered an interference or impediment of public streets and rights-of-way for purposes of Ordinance No. 2005-OR-40. Section 3. Removal and Impoundment. The City of Jeffersonville Street Department shall remove and impound any unused Shared Mobility Device that is not parked in compliance with Section 2 of this Ordinance. The City shall notify the operator of the Shared Mobility Device System by certified mail with return receipt of the impoundment. Additionally, the City shall impose an impound fee of $25.00 per day per Shared Mobility Device. All impoundment fees assessed under this Section shall be paid in full before the Shared Mobility Device may be released to the operator. The City of Jeffersonville may also contract with a third-party to remove and impound any unused Shared Mobility Device that is not parked in compliance with Section 2 of this Ordinance. If so, the third-party shall be responsible for notification to the operator including the assessment and collection of the impound fee as set forth in the aforementioned paragraph. The third-party may be entitled to retain the impound fees and any other fees assessed for its services. The operator may appeal the impoundment and any associated fees to the Jeffersonville Board of Public Works and Safety by requesting said appeal in writing to the City of Jeffersonville Law Department no later than thirty (30) days after the aforementioned notice is mailed. Section 4. Severability. If any section, sentence, clause, word or other provision of this article, or any ordinance amendatory thereof or supplemental thereto, shall be held invalid, such fact shall not affect the validity of any other section, sentence, clause, word or other provision herein, which may be severable therefrom and be valid and capable of reasonable effect and application without such invalid portions, and to this end all such portions of this Ordinance are declared severable and shall be so construed whenever possible to do so. This Ordinance shall be in full force and effect after its passage by the Council and approval by the Mayor. Voted For: Voted Against: SO ORDAINED this f 9 day of Apri 2021, by the Common Council of the City of Jeffersonville, Clark County, Indiana. att Council President ATTEST: isa Gill Clerk 2021-OR- /o2 presented by me as Clerk to the Mayor of said City of Jeffersonville at 9a am. on this o?0 day of pr) / , 2021. Lisa Gill Clerk 2021-OR- \2 approved and signed by me at m. o this aL' day of ARes‘ , 2021. Mike oore, Mayor 2021-OR- vetoed by me at m. on this day of , 2021. Mike Moore, Mayor