[HISTORY: Adopted by the City Council of the City of Fond
du Lac 4-13-2022 by Ord. No. 3751.[1] Amendments noted where applicable.]
The intent of this chapter is to protect the public health,
safety, and welfare by preventing or mitigating against any adverse
impact that electric scooter rental and operation may have, by restricting
the locations in which electric scooters may be operated and parked,
and by licensing the short-term commercial rental of electric scooters
in the City.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A device weighing less than 100 pounds that has handlebars
and an electric motor, is powered solely by the electric motor and
human power, and has a maximum speed of not more than 20 miles per
hour on a paved level surface when powered solely by the electric
motor. "Electric scooter" does not include an electric personal assistive
mobility device, motorcycle, motor bicycle, electric bicycle, or moped.
The holder of a commercial electric scooter rental license
issued under this chapter.
To ride on an electric scooter powered at least in part by
the electric motor.
Redistributing electric scooters throughout the City.
An individual who uses an electric scooter for the purpose
of transportation or recreation.
[Amended 2-22-2023 by Ord. No. 3765]
A.
Electric scooters shall be parked in an upright position, with two
wheels making a point of contact with the ground.
B.
Electric scooters shall not be parked in a way that provides less
than a five-foot-wide path on the sidewalk for pedestrian access.
C.
Electric scooters shall not be parked in a way that obstructs access
to parking meters.
D.
Electric scooters shall not be parked between the sidewalk and the
curb where such area is less than three feet wide.
E.
Where possible without impeding the flow of pedestrian traffic, an
electric scooter may be parked on a sidewalk, or in a bicycle rack
or other similar area designated for bicycle parking.
F.
On blocks without sidewalks, electric scooters may be parked in the
roadway if the right-of-way and the pedestrian way are not obstructed
by so parking the electric scooter.
G.
Except at existing permitted bicycle facilities, electric scooters
shall not be parked between the sidewalk and the curb where adjacent
to or within the following locations:
A.
License required. No person or business shall offer short-term commercial
rental of electric scooters to the public unless the person or business
has obtained a license in accordance with this section.
B.
License application requirements.
(1)
Application for a commercial electric scooter rental license shall
be made in writing to the City Clerk, upon forms furnished by the
City Clerk.
(a)
In the case of a sole proprietorship, the owner shall sign the
application.
(b)
In the case of a partnership, the name of the business and the
names and addresses of all partners shall be provided on the application.
One of the partners shall sign the application.
(c)
In the case of an LLC or a corporation, the name of the business
and the names and addresses of the principal officers shall be provided
on the application. In the case of an LLC, one of the members shall
sign the application. In the case of a corporation, the president
and secretary shall sign the application.
(2)
The application shall identify contact information (including a phone
number and email address) for an operations manager based within 50
miles of the City.
(3)
The applicant shall include a copy of their user agreement and privacy
policy with the application.
(4)
Insurance. The applicant shall submit a certificate of insurance
with the application that meets the requirements set forth by the
City's Risk Manager.
(5)
Indemnification. The applicant shall agree to indemnify, defend,
and hold the City of Fond du Lac (and the City's officers, employees,
and agents) harmless from and against all actions, damages, or claims
brought against the City of Fond du Lac arising out of the applicant's
operations. The City Attorney shall have the authority to negotiate
the terms of the indemnification provision with the applicant.
C.
Application fee. The fee for a commercial electric scooter rental
license required by this chapter shall be as set in the City's fee
schedule.
D.
Granting licenses. The City Clerk will issue a license under this
subsection if all requirements have been met and if issuance is in
the best interest of the City. The City Clerk may deny any license
under this section in his or her full discretion in the interest of
public safety or if the application is not in the interest of the
City. If the City Clerk denies a license, the applicant may appeal
said denial to the Advisory Parking and Traffic Board.
E.
Term of license. Any license issued pursuant to this section shall
be effective upon issuance. It shall expire on the 31st day of December
following its issuance.
F.
Rental operation requirements. In conducting their electric scooter
rental business, each holder of a commercial electric scooter rental
license shall comply with the following:
(1)
Maximum number of scooters. No licensee shall have more than 300
scooters available for rent within the City at any one time without
the approval of the Advisory Parking and Traffic Board.
(2)
Hours of operation. Licensees may make electric scooters available
for rent at all hours.
(3)
User fees. Any user fee for the rental of an electric scooter shall
be clearly and understandably communicated to the user prior to the
usage of the electric scooter.
(4)
Parking. The licensee shall:
(a)
Provide instructions for properly parking electric scooters
to users.
(b)
Keep the sidewalk free from obstructions to pedestrians by requiring
users to park electric scooters such that a walk space not less than
five feet wide shall at all times be kept open for pedestrians.
(c)
Upon notification that an electric scooter of licensee is improperly
parked, the licensee shall relocate the electric scooter in accordance
with the following requirements:
(5)
The City of Fond du Lac may relocate improperly parked electric scooters
which are not relocated in accordance with this requirement, and shall
bill the licensee an amount as set in the City's fee schedule for
each electric scooter it relocates, which is reasonably calculated
to recapture the City's costs in relocating an improperly parked electric
scooter.
(6)
Licensees may appeal fees imposed by Subsection F(5) to the Advisory Parking and Traffic Board by providing written notice to the City Clerk within 10 business days of receiving notice of a fee.
(7)
Safety education. Licensee shall provide materials to its users to
promote safe riding and educate users on rider responsibilities and
encourage safe and courteous riding and parking.
G.
Notice of changes. In the event that licensee changes its operations
manager identified in its application (including contact information
for the operations manager), user agreement, privacy policy, or insurance,
licensee shall provide notice to the City Clerk within three business
days of the change.
H.
Website or mobile application. If the licensee operates a website
or smartphone application, the website and smartphone application
shall:
(2)
Provide a means for users to notify the licensee if there is a safety
or maintenance issue with the electric scooter. Licensee shall immediately
take the scooter out of service upon receipt of notice that there
is a safety or maintenance issue, and shall not return the scooter
to service until licensee has resolved the safety or maintenance issue.
I.
Electric scooter standards. Any electric scooter made available for
rent by licensee must meet the following requirements:
(1)
Each electric scooter shall meet the requirements described in §§ 340.01(15ps)
and 347.489(1), (2), and (3), Wis. Stats.
(2)
Each electric scooter shall include easily visible contact information,
including a toll-free phone number and email address for members of
the public to make relocation requests or to report other issues with
the electric scooters.
(3)
Each electric scooter shall be inspected by licensee at least once
per month. The inspection shall include, at a minimum, a check of
the brake function and brake-level wear. Any electric scooter deemed
unsafe or inoperable shall be placed out of service immediately. Licensee
shall maintain records of its inspections, which shall be open to
the City for inspection upon reasonable request.
(4)
Each scooter shall be equipped with wheel-lock technology to prevent
unauthorized use.
(5)
Each scooter shall be assigned a unique identifying number (which
is clearly labeled on the electric scooter), which shall be provided
to the City Clerk prior to making the electric scooter available for
rental in the City.
J.
Data and reporting. Licensee shall provide data reasonably requested
by the City of Fond du Lac to assist with monitoring program usage.
K.
Assist with user compliance. In addition to the requirements set
forth above, licensee shall take any additional steps reasonably requested
by the City to ensure appropriate usage of electric scooters by its
users.
A.
A license may be suspended or revoked by the City Clerk or their
designee for any of the following reasons:
(1)
Failure to comply with any of the provisions of this chapter.
(2)
If a licensee owes $500 or more to the City of Fond du Lac related
to the relocation of licensee's electric scooters.
(3)
Violating any state statutes or City Code provisions.
(4)
By request of the City Manager, City Attorney, Police Chief, Director
of Community Development, Director of Public Works, or their designees,
when said request provides evidence of the reasons in the subsections
above.
B.
The City will provide the licensee with written notice of suspension or revocation of a license under the provisions of this chapter. Within five business days of receipt of the written notice, licensee shall remove their electric scooters from the City. If licensee does not remove their electric scooters from the City during this time period, the City may remove the electric scooters in accordance with § 319-5.
C.
Any licensee whose license has been suspended or revoked under the
provisions of this section may appeal said suspension or revocation
to the Advisory Parking and Traffic Board by providing written notice
to the City Clerk. The Advisory Parking and Traffic Board will conduct
a hearing within 30 days of receipt of a written appeal.
In the event that a person or business commences short-term commercial rental of electric scooters to the public in the City without having first obtained a license in accordance with this chapter, the City may, without advance notice, take possession of any unauthorized electric scooters in the right-of-way. The City shall provide notice to the unauthorized person or business that it has taken possession of the electric scooters and invoice the unlicensed person or business the rate for relocating an electric scooter set in § 319-5F(5). The unlicensed person or business may appeal fees imposed by this section to the Advisory Parking and Traffic Board by providing written notice to the City Clerk within 10 business days of receiving notice of a fee. If the unlicensed person or business does not appeal the fees imposed, or make payment within 45 days of receipt of invoice, the City may dispose of any electric scooters belonging to the unlicensed person or business in its possession. Any proceeds from the disposition shall be used to offset the unlicensed person or business's unpaid fees. Any costs from the disposition shall be billed to the unlicensed person or business.
Any person who violates any provision of this chapter will, upon conviction, pay a forfeiture as described in § 1-4 of this Code. Each day during which a violation of this chapter is permitted to exist will be deemed to be a separate violation.
