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Home My WebLink About11303-26 Amending Chapter 20 of the South Bend Municipal Code to Establish Article 14 Containing Regulations Regarding Electric Vehicle Charging ORDINANCE No . 11303-26 Passed by the Common Council of the City of South Bend, Indiana August 24, 26 20 Attest: 4VCity Clerk Bianca L. Tirado 7:-.1 Attest: e72President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 25, 20 26 l City Clerk Bianca L. Tira o Approved and signed by me AyJ j t )1/ 20 26 it jtit., - Mayor SoUIR 49 4 03C %�;ll 1f,1/1/'d ,,y' 1865 BILL NO. 51-26 ORDINANCE NO. 11303-26 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH ARTICLE 14 CONTAINING REGULATIONS REGARDING ELECTRIC VEHICLE CHARGING STATEMENT OF PURPOSE AND INTENT The City of South Bend ("City") owns and operates electric vehicle charging stations for public use and has adopted a Community Electric Vehicle Charging Infrastructure Plan to guide the equitable, reliable, and orderly expansion of charging infrastructure within the City; and The City seeks to support access to electric vehicle charging while ensuring that City- owned charging stations and designated electric vehicle parking spaces remain available for their intended purpose; and City-owned charging stations currently provide a limited period of charging at no cost, hut the existing time limit has not consistently produced sufficient turnover or prevented vehicles that are not actively charging from occupying designated charging spaces; and Requiring vehicles occupying designated electric vehicle charging spaces to be actively charging will promote turnover, improve the availability and efficient use of public charging infrastructure, and support compliance with posted parking restrictions; and Vehicles improperly occupying designated electric vehicle charging spaces should be subject to removal under the City's existing abandoned vehicle and towing procedures; and The operation of City-owned electric vehicle charging stations creates electricity, network, administrative, repair, replacement, and maintenance costs for the City; and A charging rate applied after the first two (2) hours of active charging will permit reasonable public access while allowing the City to recover costs associated with the continued operation and maintenance of its charging infrastructure; and Revenues collected from the use of City-owned electric vehicle charging stations should be deposited into the designated City fund to support the administration, operation, maintenance, repair, and replacement of electric vehicle charging infrastructure; and The installation of privately owned charging equipment within the public right-of-way may create concerns regarding public ownership and control, utility coordination, maintenance responsibilities, accessibility, pedestrian and vehicular travel, streetscape planning, and the orderly use of public property; and Privately owned electric vehicle charging stations should therefore generally be prohibited within the public right-of-way in Downtown and Commercial districts, where placement must remain consistent with coordinated City planning and the public use of streets, sidewalks, parking areas, and other public infrastructure; and Limited installations within the right-of-way in residential and mixed-use districts may be appropriate when a property owner demonstrates hardship and obtains approval from the Board of Public Works; and The City should retain authority to approve, by written agreement, a privately funded charging station in a Downtown or Commercial district when the proposed location is consistent with City plans and the parties have considered whether the completed station will be transferred to the City for public ownership and operation; and These regulations are intended to promote the safe, reliable, equitable, and efficient use of electric vehicle charging infrastructure; preserve public access to designated charging spaces; recover reasonable operational and maintenance costs; clarify responsibility for equipment placed within the public right-of-way; and protect the public health, safety, and welfare. NOW THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. A new Article 14, Sections 20-140 through 20-143, is hereby added to Chapter 20, approved and adopted to read in its entirety as follows: ARTICLE 14: ELECTRIC VEHICLE CHARGING Sec. 20-140. The following definitions shall apply throughout this Article: (a) ELECTRIC VEHICLE shall have the meaning set forth in Indiana Code 8-1-43-4, as amended. (b) ELECTRIC VEHICLE SUPPLY EQUIPMENT(EVSE) shall mean apparatus installed specifically for the purpose of transferring energy between the premises wiring and the Electric Vehicle. (c) ELECTRIC VEHICLE CHARGING STATION shall mean any facility or EVSE that is provided for public use specifically designated for use by electric vehicles to charge the battery or other energy storage device of an electric vehicle. (d) ELECTRIC VEHICLE(EV)PARKING SPACE shall mean any portion of a street, parking garage or parking lot that is marked by logo and/or signage that conforms to Indiana state law, designated specifically for the use of electric vehicle charging. Sec. 20.141 PARKING IN SPACES DESIGNATED FOR PLUG-IN VEHICLES. (a) Designated electric charging park spaces shall only be used for those vehicles which are actively charging. (b) The following uses are not permitted in designated electric charging spaces: (1) Parking vehicles which are not actively charging; or (2) Unauthorized vehicles parking in an electric vehicle parking space for twenty-four (24)or more continuous hours. (c) Vehicles are subject to removal under Chapter 20,Article 3 of the Municipal Code if improperly parked within a designated electric vehicle parking space. § 20.142 FEE FOR USE OF CITY-OWNED ELECTRIC VEHICLE CHARGING STATIONS. (a) The first two hours of charging at a city-owned electric vehicle charging station will be permitted at no charge. (b) Any person using a City-owned electric vehicle charging station beyond the first two (2) hours of active charging shall pay a rate based on electricity rates, operation, and maintenance costs as approved by the EV Charging Rate Schedule. (c) Rates set forth under this Section shall be collected at the time of active charging at a City-owned charging station. (d) Funds received by the City pursuant to this Article shall be deposited into Fund#211. § 20.143 PRIVATELY-OWNED ELECTRIC VEHICLE CHARGING STATIONS IN THE RIGHT-OF-WAY. (a) Except as expressly authorized by the City pursuant to subsection(c), privately-owned electric vehicle charging stations are prohibited in the right-of-way in (DT) Downtown or (C) Commercial districts. (b) Privately-owned electric vehicle charging stations may be permitted in the right-of-way in residential or mixed-use districts, including SI, S2, UI, U2, U3, UF, and NC, subject to demonstration of hardship and approval by the Board of Public Works. (c) The City may authorize the installation of electric vehicle charging stations as set forth in subsection (a) above through a written agreement approved by the Board of Public Works. Such agreement may require a property owner to fund, in whole or in part, the design, installation, or construction of an electric vehicle charging station within the right-of-way and transfer of ownership and operation of said electric vehicle charging station to the City upon completion. SECTION II.This Ordinance shall take effect after adoption by the Common Council and approval by the Mayor and any publication required by law. 0)"--- Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, ty C rk Office of the City Cler Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the 25th day of August , 2026, at 12_o'clock p.m. 41(411431 Bianca L. Tirado, C. lerk Office of the City C_erk n Approved and signed by me on the 3 1 day of Alt) t- , 2026, at ' o'clock fm. / Jam Mueller, Mayor Cit f South Bend, Indiana