Black River Falls, WI Regulation of Neighborhood Electric Vehicles

Black River Falls, WI, US

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Type: Ordinance

Status: Adopted on 5/1/07

Source File: http://www.blackriverfalls.com/news/city_government/common_council_minutes_of_may_1,_2007/

Text:

ORDINANCE NO. 775
AN ORDINANCE FOR THE REGULATION OF NEIGHBORHOOD ELECTRIC VEHICLES.

The Common Council of the City of Black River Falls, Jackson County, Wisconsin do ordain as follows:

SECTION 1. PURPOSE.
The Code of Ordinances of the City of Black River Falls currently does not regulate Neighborhood Electrical Vehicles. The Governor has signed into law Substitute Amendment 1 to 2005 Assembly Bill 851 creating Wis. Stat. 349.26, which allows a municipality to allow persons to operate Neighborhood Electric Vehicles on local highways.

SECTION 2. PROVISION CREATED.
Section 7.18 of the Code of Ordinances of the City of Black River Falls is created by this Ordinance.

SECTION 3. PROVISION AS RECREATED.

Section 7.18 of the Code of Ordinances is created as follows:

(1) Definitions:

(A) “Neighborhood Electrical Vehicles” (NEV) means a self-propelled motor vehicle that has successfully completed the neighborhood electric vehicle America test program conducted by the Federal Department of Energy 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.

(B) NEVs shall be 4-wheeled and have a speed range of at least 20 miles per hour and not more than 25 miles per hour on a paved surface and have a gross vehicle weight at rest of less than 2,500 pounds. NEV does not include an electric golf cart and shall have:

1. Headlamps;
2. Front and rear turn signals;
3. Stop lamps;
4. Reflex reflectors: one red on each side as far to the rear as practicable, and one red on the rear;
5. An exterior mirror mounted on the driver’s side and either an exterior mirror on the passenger side or an interior rearview mirror;
6. Parking brake;
7. A windshield that conforms to the requirements of the federal motor safety standard on glazing materials (49 CFR 571.205);
8. A Vehicle Identification Number (VIN) that complies with federal law 949 CFR 565);
9. A Type 1 or Type 2 seatbelt assembly conforming to 49 CFR 571.209, and Federal Motor Safety Standard No. 209, for each designated seating position; and
10. Meets the general test conditions under 49 CFR 571.50056.

(2) Permitted Use of Neighborhood Electric Vehicles on City Streets. Any individual may operate an NEV on the streets of the City of Black River Falls having a posted speed limit of 35 miles per hour or less.

(3) Permitted Users of Neighborhood Electric Vehicles. To use an NEV on City streets as set forth in (2) above, the individual must have a valid Wisconsin driver’s license.

(4) Operation of Neighborhood Electric Vehicles. The operation of NEV’s as permitted herein shall comply in all respects with the Code of Ordinances of the City of Black River Falls.

(5) License. Neighborhood Electric Vehicles shall be licensed by the City. The fee for a license shall be $_______ and licenses shall be issued by the City Clerk for two year periods. The license shall be displayed in the rear window of the NEV and if no rear window then in a clear plastic waterproof holder hung from the rear of the NEV top.

(6) Enforcement. Enforcement of this ordinance regulating the use of the Neighborhood Electric Vehicles within the City shall be pursuant to Section 7.26 of the City of Black River Falls Code of Ordinance. If not otherwise provided, the penalty for the unauthorized use of a NEV within the City shall be $100.00 per occurrence.

SECTION 4: VALIDITY.
Should any section, clause or provision of the Ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the Ordinances as a whole or any part thereof, other than the part so declared to be invalid.

SECTION 5: CONFLICTING PROVISIONS REPEALED.
All ordinances in conflict with any provision of this Ordinance are hereby repealed.

SECTION 6: EFFECTIVE DATE.
This Ordinance shall be in force from and after its introduction and publication as provided by statute.