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Home My WebLink AboutAmending Chapter 20 New Article 13 Entitled Moped RegulationsORDINANCE No. 10244.13 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: July 22, 20 13 JOHN VOORDE Presented by me to the Mayor of the City of South Bend, Indiana July 23, 20 13 City Clerk President of Common Council Approved and signed by me JOHN VOORDE U v C. `I Z4 20 1 City Clerk Substitute Bill No. 28 -13 ORDINANCE NO. 1, 0 Lt � —(j AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS, AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council recognizes that Indiana Code § 36 -8 -2 -4 authorizes the city to "regulate conduct, or use or possession of property, that might endanger the public health, safety, or welfare ". The Common Council further recognizes that Indiana Code § 9 -21 -11 sets forth state regulations addressing "bicycles and motorized bicycles ". Last summer, the Indiana Supreme Court upheld the state law regulations addressing "motorized bicycles" which set their maximum speed at twenty -five (25) miles per hour. House Bill 1523 was introduced for consideration by the Indiana General which proposed to amend the current state laws addressing "motorized bicycles ". That proposed legislation did not pass. Locally there are growing public health and safety concerns in light of moped accidents and the number of mopeds being stolen, Regulations in other Indiana cities have been reviewed including but not limited to the City of Evansville's moped ordinance which took effect in 2010; Terre Haute's moped ordinance which took effect October 1, 2011; Richmond City's ordinance which took effect in 2010; and Kokomo's ordinance which took effect July 1, 2012. This ordinance is believed to be in the best interests of protecting the health and safety of the citizens of the City of South Bend, Indiana, by passing reasonable moped regulations. 9%Q, A–ejom, &aost&&dd by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 20 of the South Bend Municipal Code shall be amended by the inclusion of new Article 13 which shall read in its entirety as follows: Moped Regulations Ordinance Substitute Bill No. 28 -13 Page 2 Article 13. Moped Regulations. Sec. 20 -130 Definitions. As used in this Article: (a) City shall mean the City of South Bend, Indiana. (b) Bicycle lane or bike lane shall mean a portion of a roadway which has been designated by striping, signing or pavement markings for the preferential or exclusive use of bicyclist peddling any foot - propelled vehicle irrespective of the number of wheels in contact with the ground.' (c) Moped shall man any two (2) or three (3) wheeled vehicle which is propelled by an internal combustion engine or a battery powered motor, and if powered by an internal combustion engine, has the following: 1. An engine rating of not more than two (2) horsepower and a cylinder capacity not exceeding fifty (50) cubic centimeters; 2. An automatic transmission; and 3. A maximum design speed of not more than twenty -five (25) miles per hour on a flat surface. The definition of moped does not include an electric personal assistive mobility device. (d) Operator shall mean any person who rides or is in actual physical control of a moped. (e) Rental agency means any person engaged in the business of offering for rental or renting mopeds for use by the public. Sec. 20 -131 Compliance Required With Moped Regulations.2 (a) Every operator of a moped in the city must comply with the public safety regulations set forth in this Article, and applicable state and federal laws. ' The Manual on Uniform Traffic Control Devices (MUTCD) section 9 addresses standard bike lane markings and signing; and Indiana Code § 9- 13 -2 -14 defines the term bicycle. 2 Indiana Code § 9- 21 -11 -12 through Indiana Code § 9 -21 -14 prohibit any person under the age of fifteen (15) to operate a motorized bicycle; requires permit or licensing over said age; prohibits operation on an interstate highway or sidewalk; prohibits going greater than 25 mph; requires persons under 18 years of age to wear protective headgear, protective glasses, goggles or a transparent face shield with violators committing a Class C infraction. Moped Regulations Ordinance Substitute Bill No. 28 -13 Page 3 (b) The parent(s), guardian(s) of any child under the age of eighteen (18) years of age, or the owner of the moped if not the parent or guardian shall not authorize or knowingly permit any child or ward to violate the provisions of this Article. (c) Tail and brake lights are required on all mopeds and shall remain operable at all times while the moped is in operation, with the headlamp having an intensity to illuminate a distance of not less than one hundred feet (100'). (d) No passengers are permitted on any moped operated within the City. (e) No moped shall be operated in any bicycle lane or bike lane within the City. (f) No moped shall be operated within the City by any City resident that does not display an affixed valid registration decal on the moped which has been issued by the South Bend Police Department. Sec. 20 -132 Annual Registration Required; Fees; Registration Decal Required. (a) All owners of a moped who reside in the City and who operate or permit their moped to be operated on streets within the City, must have the moped inspected and registered annually with the South Bend Police Department. (b) The annual registration form shall be completed in person at the South Bend Police Department headquarters. (c) Such annual registration shall require verified proof of ownership, the name of the owner of the moped; his/her address and telephone number; date of birth, the make, model and serial number of the moped, and the color, size and other identifying characteristics of the moped sought to be registered. (d) Registration shall be for a term of one (1) year, commencing May 1St and expiring the last day of April of the following year. However, for purposes of initial implementation, any registration decal issued in 2013, shall remain in effect until the last day of April 2015. (e) A registration decal shall not be issued until all required items are submitted and Reviewed, proper payment is received, and a satisfactory inspection of the moped has been conducted. (f) The moped registration fees shall be as follows: $20.00 Initial Registration Fee $15.00 Annual Renewal Registration Fee Moped Regulatigns Ordinance Substitute Bill No. 28 -13 Page 4 (g) In the event that the owner provides verifiable proof that he /she has. completed the ABATE certified motorcycle safety training class within the past six (6) months, the initial registration fee shall be waived. The owner shall be required to pay the annual renewal fee thereafter.3 (h) Upon completion of the registration form, satisfactory inspection of the moped, and payment of the registration fee, the South Bend Police Department shall issue a registration decal which shall be affixed at that time in a clearly visible location on the back fender of the moped. Such registration decal shall remain affixed to the moped at all times it is valid. (i) The provisions of this Section shall apply any time there is a change in ownership, including those instances when the moped has been registered to a previous owner with compliance being required within seven (7) seven days after a moped's acquisition if a change of ownership occurs. Sec. 20 -133 Moped Alterations Restricted. The owner, the parent or guardian of a child who is the owner of a moped, or the operator shall not alter or consent to the alteration of the moped's exhaust system which results in an unreasonably loud exhaust noise as further addressed in Section 13 -57 of the South Bend Municipal Code; and /or greater emissions. Sec. 20 -134 Rental Agency Compliance Required. (a) A rental agency shall not rent or offer any moped for rent unless it has been registered and in compliance with Section 20 -132. Each moped must be equipped with the tail and brake lights regulations as required in this Article. A rental agency shall make available protective headgear with or without a transparent face shield and protective glasses or goggles as required by state law for all persons under the age of eighteen (18) years of age; as well as the opportunity to purchase liability and /or personal injury insurance coverage. (b) A rental agency shall not rent or offer any moped for rent to anyone under the age of fifteen (15) years of age. (c) A rental agency shall not rent or offer any moped for rent to any minor between the ages of fifteen (15) and eighteen (18) years of age unless: (1) The minor provides identification card, permit, operator's license, chauffer's license or a public passenger chauffer's license issued by the Bureau of Motor s The Indiana Bureau of Motor Vehicles (BMV) offers classes conducted through Abate of Indiana, Inc. http/www.abateofindiana.org/ Moped Regulations Ordinance Substitute Bill No. 28 -13 Page 5 Vehicles (BMV) under Indiana Code § 9 -24 verifying that he or she is over the age of fifteen (15); and (2) The minor's parent or guardian signs the rental agreement. Sec. 20 -135 Enforcement of Moped Regulations; Penalties. (a) Any sworn member of the South Bend Police Department has the authority to enforce these moped regulations. (b) An ordinance citation shall be issued for any violation of the provisions of this Article, which shall subject the violator to a fine of fifty dollars ($50.00) for the first violation, and a hundred dollar ($100.00) fine for each violation thereafter. Said fines shall be paid through the Ordinance Violations Bureau. (c) A moped may be subject to impound if it is being operated without being registered as required by this Article, and the operator shall be issued an ordinance citation. A moped may be impounded when required safety equipment is found to be in non - compliance. (d) Dedication of Fines /Fees Collection: Fifty percent (50 %) of all fines and fees collection for any violation of this Article shall be deposited into the Law Enforcement Continuing Education Fund (Fund # 220). Section IIl. Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code shall be amended by the inclusion of the following and inserted into the chart in proper numerical order: 20 -135 Moped Regulations $50.001$100.00 Section IV. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be in full force and effect on October 1, 2013, and from and after its passage by the Common Council, approval b the Mayor and legal publication. 5L.White, Kare Council Member at Large Moped Regulations Ordinance Substitute Bill No. 28 -13 Page 6 Tim Scott, I" District Council Member Derma. Dieter, Co Member at Large O ive avis, 6t District Council Member J6. L""4 Office of the City Clerk MxxetkWn * me to A& A y%& y Vvff ffm ndi;z� on the 2-34 day of v, , 2013 at L `(� o'clock 4. m. Offic of the City Clerk -*Xoftwafido�nabymeon the 24 day of 1(/I•'/ , 2013 at S o'clock fin. 1:t READING b _gyp— Q PUBLIC NEARING -LL't3 CLY - LW�3 3rd READING —LA--t3 NOT APPROVF REFERRED PASSED I ,.-LL --i3 al Pete Buttigie Mayor of the City o outh Bend, Indiana Filed in Clerk'c. 11kc e JUL 1 13 JOHN D CI"i1Y CLEF# , 0(0 If fy+. W r TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 28 -13 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS, AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted by various housekeeping measures also the addition of council member Oliver Davis as a sponsor. This bill was heard by the Health & Public Safety Committee. Karen L. White Chairperson, Committee of the Whole CITY OF KOKOMO, INDIANA REGISTRY OF MOTORIZED BICYCLE (MOPED) REGISTRATION OF }` CITY ORDINANCE 6672 License Number Issued: Date Issued: Expiration Date: Select One: FEE: New ❑ Renewal $25.00 Initial (Yearly) Registration Fee $10.00 Renewal (Yearly) Registration Fee If renewing, you must provide the prior year license number issued: License Decal is non transferable. If moped is sold you must remove the decal and contact the Kokomo Police Department Records Unit. ALL THE INFORMATION IN THIS SECTION IS REQUIRED: Owner Name Owner Date of Birth Owner Address City State Zip Code Owner Home Telephone Cell Phone Make Model Year Color Size Number of Wheels Serial Number Other Identifying Characteristics - A "moped" is defined as a motorized vehicle with two (2) or three (3) wheels that is propelled by an internal combustion engine or a battery powered motor, and if powered by an internal combustion engine, has the following: .1. An engine rating of not more than two (2) horsepower and a cylinder capacity not exceeding fifty (50) cubic centimeters; 2. An automatic transmission; and 3. A maximum design speed of not more than twenty -five miles per hour (25) miles per hour on a flat surface. The vehicle must not be capable of traveling at a speed more than twenty -five (25) miles oer hour on a flat surface. 1. All persons operating a moped within the City of Kokomo must have the moped owned or operated by them registered annually with the City of Kokomo Police Department. 2. The annual registration form shall be completed in person at the Kokomo Police Department Headquarters between the hours of 8:00 am and 4:00 pm, Monday through Friday (excluding holidays) at the Kokomo Police Department Records Office. 3. Such annual registration form shall require: the name of the owner of the moped; his /her address and telephone number; date of birth of operator; the make, model and serial number of the moped; and the color, size and other identifying characteristics of the moped. 4. Upon completion of the registration form and payment of the registration fee, the Kokomo Police Department shall issue a registration decal. Such registration decal shall remain affixed to the moped at all times while the moped is in operation. 5. The registration fee shall be as follows: A. Initial Registration Fee $25.00 B. Renewal Registration Fee $10.00 6. The Kokomo Police Department shall not issue the registration or decal until all required items are submitted and payment is made. Any person who shall violate any of the provisions of 70.10 of the Ordinance shall be subject to a fine of One Hundred Dollars ($100.00) and the moped shall be subject to impound until such violation are remedied to the satisfaction of the Kokomo Police Department. Sec. 12. A motorized bicycle may not be operated under any of the following conditions: 1. By a person less than fifteen (15) years of age 2. By a person who has not obtained an identification card under IC 9 -24, a permit under IC 9 -24, an operator's license under IC 9 -24, a chauffeur's license under IC 9 -24, or a public passenger chauffeur's license under IC 9 -24. 3. On an interstate highway or a sidewalk. 4. At a speed greater than twenty -five (25) miles per hour. Sec. 13. A person less than eighteen (18) years of age who operates or rides a motorized bicycle on a street or highway shall do the following:, 1. Wear protective headgear meeting the minimum standards set by the bureau or a helmet that meets the standards established by the United States Department of Transportation under 49 CFR 571.218 in effect January 1, 1979. 2. Wears protective glasses, goggles, or a transparent face shield. Initials I have read City of Kokomo Ordinance Number 6672. Initials I have read Indiana State Statue IC 91- 21 -11 -12 and Indiana State Statue IC 9- 21- 11 -13. Initials I understand that I must renew my registration annually. Initials I understand that if I sell the above described moped, I must remove and destroy the City of Kokomo License Decal registered to me, and will contact the Kokomo Police Department of such. I affirm under the penalty of perjury by signing below, that I am the legal owner of the moped described above and that the moped meets the definition of Section 170.01 (A) of the City of Kokomo code of ordinances. Owner Signature: Date: KPD Form #1355 [Effective 6/5/2012} OUT 8� City of South Bend. FIf, �. '� °a� Common Council V x 1865 441 County -City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President Karen L. White Chairperson, Committee, of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large July 17, 2013 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Re: Proposed Moped Regulations — Substitute Bill No. 28 -13 Dear Council Members: On June P when the original version of the proposed moped regulations ordinance was filed, we noted that perhaps due to the rising gasoline prices and an increasing focus on "going green ", South Bend like many other communities, is experiencing a growing number of persons operating mopeds. Since that filing, thefts of mopeds have increased and there is a limited means to track the ownership of mopeds in order to return them to their lawful owner. Substitute Bill No. 28 -13 incorporates various housekeeping measures which focus on the owner of a moped and his/her responsibility to register his/her moped with the South Bend Police Department. The substitute bill also adds Council Member Oliver Davis as a sponsor to these important public safety measures. We have continued to collaborate with the City Administration so that the City of South Bend will have the best possible local regulations addressing mopeds which complement the Indiana state laws. We are also attaching, for informational purposes only, a copy of the application form currently used by the Kokomo Police Department. It has been shared with our Police and Law Departments in the hope that it may assist them when drafting South Bend's form. Cover Letter to Substitute Bill No. 28 -13 July 17, 2013 Page 2 So that there is opportunity for the general public to become familiar with the local moped regulations, the ordinance would not take effect until October 1, 2013. We look forward to discussing this with you at Monday's Health and Public Safety Committee. Thank you. Most sincerely, Karen L. White, Chairperson Health and Public Safety Committee Council MereLiwat Large Tim Scott, Chairperson Residential Neighborhoods Committee 1St District Council Member Derek D. Dieter, Council President Council Member ge jeriZvVis-'ach Community Relations Committee 6th District Council Member Attachments Filed In clork' JUL I ; CM CLERK, SOU7t4 aer4;3. JOHN VO®:RVE