A. Nuisance Declared: The accumulation of abandoned and obstructive bicycles, E-bikes, E-scooters, or any part thereof, in public places promotes urban blight, invites theft and vandalism, and creates a hazard to the general public's health, safety, and welfare, thereby constituting a public nuisance. Abandoned and obstructive bicycles, E-bikes, E-scooters, or any part thereof may be abated in accordance with this Chapter.
B. Prohibited Behavior: No person shall abandon a bicycle, E-bike, E-scooter, or any part thereof in a public place. No person shall leave an obstructive bicycle, E-bike, E-scooter, or any part thereof in a public place.
C. Enforcement: In accordance with this Chapter, the Boise Police Department, the Boise City Code Compliance Office, or authorized designees are authorized to mark abandoned or obstructive bicycles, E-bikes, E-scooters, or any part thereof, for abatement and to order the removal and impoundment of such abandoned or obstructive bicycles, E-bikes, E-scooters, or any part thereof from public places. The provision of this section shall not apply to Shared Micromobility Devices.
D. Notice Of Intention To Abate Abandoned Bicycle, E-Bike, E-Scooter, Or Any Part Thereof: All notices of intention to abate shall be firmly and conspicuously affixed to the bicycle, E-bike, E-scooter, or any part thereof. The notice of intention to abate shall contain: the date and time the notice was posted, the date and time after which the bicycle, E-bike, or any part thereof shall be removed, the contact information and address for the location where the bicycle, E-bike, E-scooter, or any part thereof shall be impounded, and information on how to request a post-storage administrative review.
E. Notice Of Abatement Of Obstructive Bicycle, E-Bike, E-Scooter, Or Any Part Thereof: All notices of abatement of an obstructive bicycle, E-bike, E-scooter, or any part thereof shall be firmly and conspicuously posted as near as possible to the location from where the obstructive bicycle, E-bike, E-scooter, or part was removed. The notice of abatement shall contain: the date and time the bicycle, E-bike, or part was removed, the reason for the removal, the contact information and address for the location where the obstructive bicycle, E-bike, E-scooter, or part is impounded, and information on how to request an administrative review.
F. Abatement Of Abandoned Bicycle, E-Bike, E-Scooter, Or Any Part Thereof: No less than seventy two (72) hours after the posting of a notice of intention to abate, the City may remove and impound an abandoned bicycle, E-bike, E-scooter, or any part thereof.
G. Immediate Abatement Of Obstructive Bicycle, E-Bike, E-Scooter, Or Any Part Thereof: The City may immediately remove and impound any obstructive bicycle, E-bike, E-scooter, or part thereof.
H. Storage: All abated abandoned and obstructive bicycles, E-bikes, E-scooters, or parts shall be stored and disposed of by the Boise Police Department in accordance with Idaho Code section 55-403. Reasonable storage fees, in an amount established by the Boise City Council and listed on the City's most current Master Fine and Fee Schedule, may be charged to the owner of the abated bicycle, E-bike, E-scooter, or any part thereof to cover the costs of removal, impoundment, storage, recordkeeping, and other associated costs. Owners shall be required to pay all storage fees in full prior to the release of abated bicycles, E-bikes, E-scooters, or parts.
I. Post-Storage Administrative Review: Whenever an abandoned or obstructive bicycle, E-bike, E-scooter, or any part thereof, is abated and impounded by the City, the owner of such property shall be provided with the opportunity for a post-storage administrative review to determine the validity of the removal and storage of such property. In order for an owner to receive a post-storage administrative review, the owner must request the review in writing from the City within thirty (30) business days of the posting of the notice of intention to abate or notice of immediate abatement. The City shall conduct the post-storage review within forty eight (48) hours of the request, excluding weekends and holidays. Failure by the owner to request or to attend a review shall satisfy the post-storage administrative review for that owner. If it is determined at the review that there was not reasonable cause to deem the abated bicycle, E-bike, E-scooter, or any part thereof, abandoned or obstructive, the City shall be responsible for payment of all storage fees.
J. Disposal: Any bicycle, E-bike, E-scooter, or part thereof that is abated and impounded under this chapter and that is not claimed and redeemed by its owner within the time limits set forth in Idaho Code section 55-403 shall become the property of the City and shall be sold. Proceeds, if any, from the sale of abated bicycles, E-bikes, E-scooters, or part thereof, shall be applied first to all outstanding storage fees and any expenses related to the sale of such property. The balance of such proceeds, if any, shall be kept by the Boise Police Department in a separate fund for a period of one year from the date of sale in accordance with Idaho Code section 55-404. (Ord. 38-18, 9-25-2018; amd. Ord. 36-19, 7-23-2019; Ord. 37-19, 7-23-2019; Ord. 20-23, 7-11-2023)