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Item 3.11 Ordinance 2024-11 Amending the City Code Electric Assist Bicycles and Mobility Devices Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Parks and Recreation City Planner Licht 12 November 2024 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty Parks and Recreation Director Jacobs City Attorney Kendall 3.11 – Electric Assist Bicycles STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. X Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council approve an ordinance amending the City Code. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: Bicycles with an electric motor assist are becoming more and more popular for outdoor recreation purposes. The power, speed, and capabilities of the electric motor assist bicycles varies greatly and are defined by Minnesota Statutes 169 .011: • Class 1. An electric-assisted bicycle equipped with an electric motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. • Class 2. An electric-assisted bicycle equipped with an electric motor that is capable of propelling the bicycle without the rider pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. • Class 3. an electric-assisted bicycle equipped with an electric motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. Section 8-7-3.N of the City Code currently prohibits operation of any motorized vehicle upon City trails. Minnesota Statutes 169.222, Subd. 6a, provides that by default e-bikes of all 3 classes are allowed anywhere ordinary bicycles are allowed. Cities then have the authority to restrict class 3 e-bikes. Cities can also restrict class 1 or 2 e-bikes on trails, or any class of e-bike on roads or shoulders, only upon making an explicit finding that “operation of the electric-assisted bicycle is not consistent with (1) the safety or general welfare of trail users; or (2) the terms of any property conveyance.” The Sate of Minnesota and Three Rivers Park District currently allow all three classes of e-bike on all paved trails. E-bikes are also subject to any trail speed limits, just like an ordinary bike would be. City staff has drafted an amendment to the City Code allowing for use of electric-assisted bicycles in City parks and on City trails. The proposed allowance of electric-assist bicycles is proposed to be consistent with the regulations of The State of Minnesota and Three Rivers Park District. The Parks and Recreation Commission reviewed the proposed amendment at their meeting on October 15, 2024. They unanimously voted in favor of the ordinance amendment and recommended the City Council amend the ordinance. SUPPORTING DOCUMENTS ATTACHED: • Ordinance 2024-11 • Summary of Ordinance 2024-11 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2024-11 amending the City Code regarding electric assist bicycles and mobility devices and approve publication in summary form. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO: 2024-11 ORDINANCE AMENDING THE CITY CODE REGARDING ELECTRIC ASSIST VEHICLES AND MOBILITY DEVICES. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 8-7-3.N of the City Code (Public Ways, Property and Utilities – Park and Trail Regulations) is hereby amended to read as follows: N. Motor Vehicles: No person shall park, drive or move, or cause to be parked, driven or moved, any form of motorized vehicle over, on or across any portion of a City park or upon any City trail other than on a driveway providing access to or through the park or trail or within a facility designated for parking. Section 2. Section 8-7-3 of the City Code (Public Ways, Property and Utilities – Park and Trail Regulations) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: O. Electric-Assisted Bicycles. Electric-assisted bicycle having two (2) or three (3) wheels operated by persons fifteen (15) years of age or older may be operated on paved trails within a City park or upon any paved City trail, provided that: a. Has a saddle and fully operable pedals for human propulsion; b. Meets the requirements for bicycles under Code of Federal Regulations, title 16, part 1512, or successor requirements; c. Is equipped with an electric motor that has a power output of not more than seven hundred fifty (750) watts; d. Meets the requirements of a class 1, class 2, or class 3 electric-assisted bicycle; and e. Has a battery or electric drive system that has been tested to an applicable safety standard by a third-party testing laboratory. P. Electric Personal Assistive Mobility Devices. An Electric personal assistive mobility device defined as a self-balancing device with two (2) non-tandem wheels, designed to transport not more than one (1) person, and operated by an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour may be operated on or across any portion of a City park or upon any City trail . 2 Section 3. This Ordinance shall become effective immediately upon its passage and publication. (Remainder of page intentionally blank signatures follow) 3 ADOPTED by the Otsego City Council this 12th day of November, 2024. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk 1 SUMMARY OF ORDINANCE NO.: 2024-11 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE. NOTICE IS HEREBY GIVEN that on 12 November 2024, Ordinance 2024-11 was adopted by the City Council of the City of Otsego, Minnesota. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends City Code regarding electric assist bicycles and mobility devices. ADOPTED by the Otsego City Council this 12th day of November, 2024. CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Audra Etzel, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.