First reading of ordinance is approved with some changes
By Barb Pert Templeton
A majority of the Marine City Commission approved the first reading of a proposed Electric Bikes (“e-bikes”) Ordinance at a recent meeting. Ordinance No. 26-004 is an ordinance enacted to regulate the use of e-bikes in the city.
The purpose of the ordinance is to promote health and safety while providing for the protection of pedestrians, e-bike operators and motor vehicles. The ordinance will note prohibited and permitted uses of the e-bikes while establishing enforcement penalties and violations.
Marine City Attorney Robert Davis led the discussion on the topic at the Aug. 6 meeting. He stated that he followed the state definitions in defining the e-bikes. Class 2 and 3 are not allowed on the sidewalks but Class 1 will be allowed, Davis said.
Regulations are in place stating Class 3 e-bike use is limited to those 14-years of age and older, while an individual less that 14-years of age may ride as a passenger. Someone less than 18-years of age who operates or rides as a passenger on a Class 3 e-bike must wear a helmet.
The ordinance also has sections for anti-tampering, speed, equipment and a lengthy one for User Operations which includes number of riders, hands-on controls and both wheels on the ground rules, among others.
Marine City Attorney Robert Davis put together and e-bike ordinance for the city.
The section Duty of Parent, Guardian or Authorizing Adult has been expanded a bit, Davis said.
“A lot of these will be kids so what we’re trying to do here is we’re trying to lay some responsibility on the authorizing adults who allow maybe a 12-year-old to ride on an E-bike against this ordinance and against the law,” Davis said.
At the same time, the ordinance will be tempered with a “no strict liability” section which means the city is not turning it into an ordinance where if a 12-year-old is on an e-bike the parent is automatically liable.
“We’re not doing that, we’ll have to have a showing that the parent willingly and knowingly knew so there will be a little bit of due process there instead of strict liability,” Davis said.
There are also sections for enforcement and penalties.
“I’ve had a number of people contact me and they’d prefer that we have no riding downtown on the sidewalks or in the parks, they think they should walk the (e)bikes in those areas.”
Marine City Mayor Pro Tem Lisa Hendrick.
The ordinance states that penalties for a first offense will be a $50 fine, second offense is $100 and third offense is $500.
“I did give the police department, for repeat and chronic offenders. the right to impound the bike,” Davis said. “And we put some fines in order.”
Regulating e-bikes important in many communities
Davis told the commission that he’s had four meetings in other communities about establishing e-bike ordinances and they have been quite popular. He said most of the take aways he’s had from the gatherings is that people want some control of the issue.
Mayor Pro Tem Lisa Hendrick said she’s been contacted with questions about reflective gear on the riders because they can be difficult to see. Davis said the ordinance does have a section for lights and reflectors on the bikes.
“I’ve had a number of people contact me and they’d prefer that we have no riding downtown on the sidewalks or in the parks, they think they should walk the bikes in those areas,” Hendrick said.
“I did give the police department, for repeat and chronic offenders. the right to impound the bike.
Marine City Attorney Robert Davis, speaking on details in the new e-bike ordinance.
And we put some fines in order.”
Davis replied that another community requested he put in a provision that states no riding of e-bikes in the central business district but they are allowed to dismount from the e-bikes and have them walk them through the district.
“It’s an easy provision I just need to know the markers, from where to where,” Davis said.
He said he could add a sentence to the ordinance that no e-bikes are allowed on the sidewalks on Water Street from Broadway to Bridge streets for the second reading at the next commission meeting.
Commissioner Sean O’Brien asked if regular pedal bikes are allowed on the sidewalks now and Davis said know they aren’t. Officials then had an issue with allowing e-bikes to be walked on the sidewalk while other bikes are prohibited and directed the attorney to fine tune that section of the ordinance.
O’Brien cast the only no vote for the first reading of the ordinance.
Commissioner Trish May was absent from the Aug. 6 meeting.
To read the e-bike ordinance in full visit the Marine City website at marinecity.gov.
