[HISTORY: Adopted by the Board of Commissioners of the City of Union City as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-2023 by Ord. No. 2023-67]
For purposes of this article, the following terms shall be defined as follows:
LITHIUM-ION BATTERY
Is a storage battery in which an electrical current is generated by lithium-ions embedded in a carbon graphite or nickel metal-oxide substrate placed in a high-viscosity carbonate mixture or gelled polymer electrolyte.
POWERED MOBILITY DEVICES
Battery-powered transportation devices, including but not limited to E-bikes, E-scooters, and other similarly powered mobility devices.
RETAIL STORE
Business establishment within the City of Union City that is licensed to sell mobility devices, E-bikes, E-scooters, and replacement batteries to consumers.
SECOND-USE LITHIUM-ION BATTERY
Is a lithium-ion battery that has been assembled, repurposed, reconditioned or renewed using cells removed from used batteries.
SPECIALIZED BIKE RETAILER (or BIKE SHOPS)
Retail stores within the City of Union City that exclusively sell powered mobility devices, related equipment and accessories, including but not limited to E-bikes, E-scooters, replacement batteries, and battery chargers.
UNREGULATED LITHIUM-ION BATTERY
Is a lithium-ion battery in a mobility device such as an electric bicycle or scooter that is not listed and labeled by a nationally recognized testing laboratory or other approved organization such as the Underwriters Laboratories Mark (UL Mark).
A. 
The sale of batteries for mobility devices such as electric bicycles or scooters is prohibited unless such batteries have been listed and labeled by a nationally recognized testing laboratory or other approved organization such as the Underwriters Laboratories Mark (UL Mark).
B. 
Retail stores and specialized retail stores shall be prohibited from maintaining any unregulated lithium-ion batteries within its inventory located in the City of Union City.
A. 
Retail stores shall be prohibited from selling any powered mobility device, including but not limited to E-bikes, E-scooters, and replacement lithium-ion batteries for any such mobility devices that have not been listed and labeled by a nationally recognized testing laboratory or other approved organization such as the Underwriters Laboratories Mark (UL Mark).
B. 
The total inventoried stock of all mobility devices stored within a retail store within the City of Union City cannot exceed 50 devices at any given time.
C. 
Retail stores shall only be permitted to display one uncharged model of any mobility device powered by a lithium-ion battery at any time. The battery for any such display devices within a retail store shall remain in its original packaging and shall be stored in a secured area within the establishment that complies with all safety requirements set forth in this article for lithium-ion battery storage and charging.
D. 
All mobility devices, E-bikes, E-scooters, or other similar equipment that are powered by a lithium-ion battery must be sold in an uncharged state, in its original packaging.
E. 
All mobility devices, other than display models, within the inventory of a retail store in the City of Union City shall remain boxed and safely stored in its original packaging at all times.
A. 
Specialized bike retailers are prohibited from selling any powered mobility devices, E-bikes, E-scooters, and/or replacement lithium-ion batteries for any such mobility devices that have not been listed and labeled by a nationally recognized testing laboratory or other approved organization such as the Underwriters Laboratories Mark (UL Mark).
B. 
Specialized bike retailers shall install a fire-resistant metal storage cabinet of sufficient size to hold as many E-bike batteries as in stock. The cabinet is required to have self-closing, self-latching doors with flame-arresting vents.
C. 
All lithium-ion batteries stored in a specialized bike retailer are to be stored in the fire-resistant cabinet at all times except when the battery packs are being charged for delivery to customers.
D. 
Specialized bike retailers are prohibited from charging any lithium-ion batteries while they are stored inside the fire-resistant storage cabinet. Lithium-ion batteries are only permitted to be charged immediately prior to delivery to the customer.
E. 
Specialized bike retailers are required to have a monitored fire alarm system. If the building is more than one story or of a mixed-use occupancy, the monitored fire alarm system shall extend into the common areas of the building and basement.
A. 
Lithium-ion batteries shall be charged within a specialized bike retailer on a wheeled metal cart with a quick-disconnect function from a wall outlet. A surgeproof power strip may be secured to the cart to accommodate the charging of additional lithium-ion batteries, if necessary.
B. 
Specialized bike retailers shall have a thirty-two-gallon galvanized pail that is half filled with water, an eight-foot-by-eight-foot fireproof blanket, or a "Cell Block" lithium-ion battery containment tank in the immediate vicinity of the lithium-ion battery charging cart.
C. 
Overnight and/or unattended charging of any lithium-ion batteries is prohibited.
D. 
At least one Class A, B, C fire extinguisher shall be mounted within easy reach of the charging station to extinguish any possible fire extension.
A person or entity who violates any section within this article or any rule or regulation promulgated thereunder shall be liable for a civil penalty as follows:
A. 
For first violation, a civil penalty of $200.
B. 
For each subsequent violation issued for the same offense within two years of the date of the first violation, a civil penalty of $1,000.
A. 
The Union City Fire Prevention Bureau shall be responsible for performing inspections of all specialized bike retailers within the City of Union City every three months.
B. 
The Union City Fire Prevention Bureau shall have the authority for the enforcement of all aspects of this article.