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File #: 46817    Version: Name: Regulating moped parking
Type: Ordinance Status: Passed
File created: 4/11/2017 In control: COMMON COUNCIL
On agenda: 8/1/2017 Final action: 8/1/2017
Enactment date: 8/16/2017 Enactment #: ORD-17-00081
Title: SUBSTITUTE Repealing Section 12.76(4)(f), renumbering Section 12.76(4)(g) to (f), creating Section 12.793, amending Sections 12.128(14), 12.141(1), 12.145(3)(c) and 1.08(3)(a) of the Madison General Ordinances to prohibit moped parking on the public sidewalk and terrace area except in Moped Parking Areas and establish a bail deposit for violation thereof.
Sponsors: Ledell Zellers, Rebecca Kemble, Paul R. Soglin, Michael E. Verveer, Zach Wood
Attachments: 1. Substitute, 2. Version 1, 3. Version 1 Map, 4. Public Comment as of 04.20.17 for 04.25.17 PBMVC on Moped Ordinance.pdf, 5. Final Report of Ad Hoc Committee on Moped Parking dated 7.26.12, 6. Public Comment as of 5.10.17, 7. Public Comments as of 6.7.17, 8. Public Comment.Strawser, 9. Privilege in Streets Memo.7.3.17, 10. Moped Parking Policy, 11. Map of Zoning Districts, 12. Moped Info Brochure, 13. Moped.Motorcycle Parking Map, 14. Sammataro memo dated 7.10.17.pdf, 15. TPC7.12.17 G.1. registrants.pdf

Fiscal Note

The Parking Utility does not anticipate any significant fiscal impact from this proposed ordinance change. No appropiation is required.

Title

SUBSTITUTE Repealing Section 12.76(4)(f), renumbering Section 12.76(4)(g) to (f), creating Section 12.793, amending Sections 12.128(14), 12.141(1), 12.145(3)(c) and 1.08(3)(a) of the Madison General Ordinances to prohibit moped parking on the public sidewalk and terrace area except in Moped Parking Areas and establish a bail deposit for violation thereof.

Body

DRAFTER'S ANALYSIS:  Wis. Stat. § 349.13(6) gives municipalities explicit authority to (1) consider mopeds as Type 1 motorcycles rather than bicycles for the purposes of parking, (2) establish parking areas for mopeds marked by signs, and (3) regulate the parking of mopeds. By adopting a moped parking ordinance under the authority of Wis. Stat. § 349.13(6), a municipality can enact an exception to Wis. Stat. § 346.54(1)(e) which, for the purposes of parking, considers mopeds as bicycles.  Furthermore, Wis. Stat. § 346.52(1)(d) prohibits people from stopping or standing vehicles on a sidewalk or sidewalk area except when parking on the sidewalk or sidewalk area is clearly indicated by official traffic signs, pavement markings, or parking meters.  By considering mopeds as Type 1 motorcycles, this ordinance will prohibit moped parking on the public sidewalk and terrace area except in approved Moped Parking Areas marked by official signs.  Moped Parking Areas will be established under the privilege in street process under Sec. 10.31 and following criteria outlined in this ordinance.  This ordinance shall be effective January 1, 2018.

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The Common Council of the City of Madison do hereby ordain as follows:

 

                     Please see "Substitute" in Attachments.