#4 Introduce and schedule a public hearing to regulate low speed vehicles (File Ord. #2011-477)
CITY ATTORNEY’S OFFICE MEMORANDUM
March 3, 2011
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Introduce and schedule a public hearing on a proposed ordinance
amending JGO Chapter 10.71 regulating the use of Neighborhood
Electric Vehicles so as to regulate the use of Low Speed Vehicles in the
City of Janesville. (File Ord. No. 2011-477)
Staff Recommendation
Staff recommends the City Council adopt Proposed Ordinance 2011-477 amending JGO
Chapter 10.71 regulating the use of Neighborhood Electric Vehicles so as to regulate the
use of Low Speed Vehicles in the City of Janesville.
City Manager’s Recommendation
The City Manager supports the staff recommendation.
Suggested Motion
I move to adopt Proposed Ordinance No. 2011-477.
Background
State law, Wis. Stats. § 346.94(22), regarding the use of neighborhood electric vehicles
has changed so as to allow the operation of low-speed vehicles under certain
circumstances. Low-speed vehicles include neighborhood electric vehicles as well as
gas-powered vehicles. Low-speed vehicles are allowed within municipalities under state
law. These vehicles are restricted to roads with a speed limit of 35 miles per hour or
less and crossing intersections of state trunk highways or connecting highways that are
controlled by traffic control signals where the speed limit at the intersection is 35 miles
per hour or less. In addition, low-speed vehicles are allowed to operate on a connecting
highway if the connecting highway has a speed limit of 25 miles per hour or less.
Municipalities also have the option to prohibit the use of low-speed vehicles within the
municipality or to allow the use of low-speed vehicles on all roadways within the
territorial boundaries of the municipality where the speed limit is 35 miles per hour or
less.
Analysis
Proposed Ordinance No. 2011-477 amends JGO Chapter 10.71, so as to permit the use
of low-speed vehicles consistent with and as allowed under state law on all roadways
within the City of Janesville where the speed limit is 35 miles per hour or less.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
1
ORDINANCE NO. 2011 - 477
An ordinance amending JGO Chapter 10.71 regulating the use of Neighborhood Electric Vehicles so as
to regulate the use of Low Speed Vehicles in the City of Janesville with penalties as set forth in JGO
10.70.040.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Chapter 10.71 of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
CHAPTER 10.71
LOW-SPEED NEIGHBORHOOD ELECTRIC VEHICLES
Sections:
10.71.010 Definition
10.71.020 Use permitted on certain city streets
10.71.030 Operation
10.71.040 Violations – Penalty
10.71.010 DEFINITION
.
“Neighborhood Electric Low-Speed Vehicle” (“LSV NEV”) means a motor vehicle:
A.
That is defined as a LSV NEV under state law, as from time to time amended or renumbered, i.e.
Wis. Stats. § 349.26(1) 340.01(27h); or
B.
That is propelled by electric power and that conforms to the definition and requirements for low-
speed vehicles as adopted in the federal motor vehicle safety standards for low-speed vehicles under 49
CFR 571.3 (b) and 571.500. “Neighborhood electric Low-speed vehicle” does not include a golf cart or
moped.
10.71.020 USE PERMITTED ON CITY STREETS.
A.
The use of a NEV LSV is prohibited except as expressly authorized by this Chapter.
B.
The use of a NEV LSV is hereby authorized on roadways under the jurisdiction within of the City
of Janesville upon which the speed limit is 35 miles per hour or less with the following exceptions.
1.may be used uponconnecting highways
A NEV within the City of Janesville but only
upon those sections where the speed limit is 35 miles per hour or less. The exact locations shall be as
promulgated from time to time and at any time by the City Manager, who is hereby authorized to do so by
the Common Council, as approved by the Wisconsin Department of Transportation. All such locations
shall be compiled, kept and updated in written form, and kept on file for public inspection at all times in
the lobby of the Janesville Police Department, in the City Clerk-Treasurer’s Office and on the City's
website. Such list of authorized locations is hereby adopted by reference and incorporated herein as if
fully set forth verbatim. All additions and changes shall be updated on said list by the City Manager
and/or his designees.
2.may crossstate trunk highways
A NEV within the City of Janesville but only at public
intersections where the speed limit upon the state trunk highway at that particular intersection is 35 miles
per hour or less. The exact locations shall be as promulgated from time to time and at any time by the City
Manager, who is hereby authorized to do so by the Common Council, as approved by the Wisconsin
Department of Transportation. All such locations shall be compiled, kept and updated in written form,
and kept on file for public inspection at all times in the lobby of the Janesville Police Department, in the
City Clerk-Treasurer’s Office and on the City's website. Such list of authorized locations is hereby
adopted by reference and incorporated herein as if fully set forth verbatim. All additions and changes
shall be updated on said list by the City Manager and/or his designees.
3.
Subsections 1. and 2. are subject to the approval of the Wisconsin Department of
Transportation as outline in Wisconsin Statute Section 349.26(3), as from time to time amended or
renumbered.
10.71.030 OPERATION.
A.
The operation of a NEV LSV as permitted herein shall comply in all respects with Chapter 10 and
other applicable provisions of the Code of General Ordinances of the City of Janesville, as applicable to
the operation of motor vehicles.
B.
No person may operate a low-speed vehicle at a speed in excess of 25 miles per hour.
10.71.040 VIOLATION – PENALTY.
A.
Each violation of this chapter shall result in the issuance of a citation and the payment to the City of a
forfeiture by the violator in an amount of not less than fifty dollars nor more than five hundred dollars
together with applicable state penalty and other surcharges, and court costs.
B.
Each violation of a state or local traffic code not contained within this Chapter shall subject the
operator of the NEV LSV to the citations and penalties set forth for such violations in the applicable state
statutes and City ordinances. Such violations are cumulative to and not in lieu of those set forth for
violations of this Chapter.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
_______________________________________
Assistant City Attorney
Proposed by: Police Department
Prepared by: Assistant City Attorney