Fiscal Note
No significant fiscal impact is anticipated. Some additional signage may be required, but it is likely that associated expenses can be accommodated within the existing Traffic Engineering budget. There may also be some minimal additional General Fund revenues derived from fines for violators.
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THIRD SUBSTITUTE - Creating Section 12.792 entitled "Neighborhood Electric Vehicles Allowed" to permit and regulate the operation of such vehicles on Madison streets and amending Section 1.08(3)(a) of the Madison General Ordinances to establish a bail deposit amount for violations of the section.
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DRAFTER'S ANALYSIS: This Third Substitute has been prepared in response to 2007 Wisconsin Act 33, which took effect on December 4, 2007. The City no longer needs to establish a registration and licensing procedure for Neighborhood Electric Vehicles (NEVs), as provided in prior versions of this proposal, because registration and licensing are now the responsibility of the Wisconsin Department of Transportation (WisDOT). State law also establishes the requirement that the operator must have a valid driver's license. The shared jurisdiction issues that had to be addressed previously have been deleted by the new state law. This proposal will permit the operation of NEVs on Madison roadways that have a speed limit of 35 miles per hour or less. The City is required to provide written notice to WisDOT of the ordinance including identification of any connecting highway or state trunk highway intersection to which the ordinance will apply. This draft provides that the Traffic Engineer will provide such notice and if WisDOT objects, the Traffic Engineer will place signs at those locations advising that NEVs may not be operated in those locations. WisDOT may object within 21 days of receiving such notice to the use of NEVs on those connecting highways or state trunk highway intersections. If WisDOT consents to such use or does not object within 21 days, the ordinance is valid for those connecting highways or state trunk highway intersections.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Section 12.792 entitled "Neighborhood Electric Vehicles Allowed" of the Madison General Ordinances is created to read as follows:
"12.792 NEIGHBORHOOD ELECTRIC VEHICLES ALLOWED.
(1) Definition. "Neighborhood Electric Vehicle" means a vehicle subject to Sec. 340.01(36r), Wis. Stats.
(2) A Neighborhood Electric Vehicle may be operated on any roadway that has a speed limit of 35 miles per hour or less, subject to the limitations in Section 3, herein.
(3) A Neighborhood Electric Vehicle my be operated on a connecting highway or an intersection where the roadway crosses a state trunk highway, if, pursuant to Sec. 349.36(3), Wis. Stats., the Wisconsin Department of Transportation has either consented to such use or has not made a timely objection to such use.
(4) The Traffic Engineer shall provide the Wisconsin Department of Transportation written notice of the enactment of this ordinance, which shall include identification of any connecting highway or state trunk highway intersection to which the ordinance will apply. If the Wisconsin Department of Transportation objects, as provided in Sub 4, to the application of this ordinance to such connecting highway or intersection, then the Traffic Engineer shall cause appropriate signs to be placed at those locations objected to by the Wisconsin Department of Transportation, advising that a Neighborhood Electric Vehicle may not be operated at those locations.
(5) Any person who operates a Neighborhood Electric Vehicle contrary to this ordinance may be required to forfeit not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00)."
2. Subdivision (a) of Subsection (3) entitled "Schedule of Deposits" of Section 1.08 entitled "Issuance of Citations for Violations of Certain Ordinances and Providing a Schedule of Cash Deposits" of the Madison General Ordinances is amended by adding therein the following:
"Offense Ord. No. Deposit
Operating a neighborhood
electric vehicle on illegal roadway. 12.792(2) $100"
EDITOR'S NOTE: New or amended bail deposits must be approved by the Municipal Judge prior to adoption. This deposit is pending his review.