For purposes of this Article
VIII, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
BICYCLE
Every device propelled by human power, upon which any person
may ride, having two tandem wheels either of which is more than 16
inches in diameter.
BICYCLE LANE
A portion of a roadway which has been designated by pavement
markings and, if used, indicating the preferential or exclusive use
by bicycles.
OWNER
Any person or entity who holds legal title to a bicycle or
if the bicycle is the subject of a lease, sharing arrangement or an
agreement for the conditional sale thereof with the right of purchase
upon performance of the conditions stated in the agreement and with
an immediate right of possession vested in the conditional vendee
or lessee, or if a mortgagor of a vehicle is entitled to possession,
then such lessee, conditional vendee or mortgagor shall be deemed
the owner, which shall include without limitation the borrower of
the bicycle in said sharing arrangement.
PLAY VEHICLE
Tricycles, unicycles, skateboards, hoverboards, scooters,
rollerskates, rollerblades, electronically propelled bicycle and any
other wheeled conveyance, whether motorized, nonmotorized, propelled
electrically, alternatively or human propelled.
ROADWAY
The portion of a right-of-way improved, designed or ordinarily
used for vehicular travel.
SHOULDER
The portion of a roadway contiguous with the traveled way
for accommodation of stopped road vehicles, for emergency use, and
for lateral support of subbase, base and surface courses.
SIDEWALK
The portion of a roadway designed for preferential or exclusive
use by pedestrians.
The provisions of this Article
VIII shall apply to any and all bicycles and play vehicles, but are not applicable to persons confined or restricted to a wheelchair or similar conveyance, baby strollers being used to transport infants and toddlers, or law enforcement purposes. Play vehicles shall not be operated on roadways that are not owned by the City. Permission to operate a bicycle or play vehicle on any roadways not owned by the City, but located within the City limits, must be obtained from the roadway's owner, including without limitation state roads, county roads and private roads.
Every person operating a bicycle or play vehicle upon a roadway
shall be granted all of the rights and shall be subject to all of
the duties as provided in applicable New Mexico State law.
No person riding upon any bicycle, coaster, sled, toy vehicle
or play vehicle shall attach the same, themselves or others to any
vehicle upon a roadway.
A person operating a bicycle or play vehicle on a sidewalk or
shared-use path shall yield the right-of-way to pedestrians, and shall
otherwise operate the bicycle or play vehicle in a safe and lawful
manner.
No person shall operate a bicycle or play vehicle at a speed
greater than the posted speed limit or at a speed greater than is
reasonable and prudent under the existing conditions.
No person shall park a bicycle or play vehicle upon a sidewalk, roadway, alley or private property without prior consent of the property owner, in a manner that substantially impedes traffic, including without limitation pedestrians, vehicles, bicycles and play vehicles, or obstructs access to public or private facilities. No entities subject to §
12-8-17 or
12-8-18 shall deploy a bicycle or play vehicle within 50 yards of an establishment that sells or serves alcohol, cannabis or cannabis products.
No person operating a bicycle or play vehicle shall carry any
package, bundle, or article which prevents the operator from keeping
at least one hand upon the handlebar or other steering mechanism,
if such handlebar or steering mechanism exists.
When operating within the City, every entity offering or managing bicycles or play vehicles as part of shared active transportation service, including without limitation bike-share programs and electric scooter-share programs, must comply with the requirements in this Article
VIII.
The text of §§
12-8-17 through
12-8-18 shall only apply to shared transportation services.
A. Every entity operating a shared transportation program within the
City limits must have an active City business license.
B. Prior to offering any bicycle or play vehicle in a shared transportation
context, such offeror shall provide the following to the City:
(1)
Proof of liability insurance that names the City as an additional
insured, and demonstrating minimum coverage as required by the City.
(2)
The contact information of a locally based manager or operations
staff member who shall be responsible for responding to City requests,
emergencies or other issues at any time.
(3)
A listing of every location where the shared mobility stations
are to be placed.
C. For all nonpublicly funded programs, the City shall charge a fee
for the following items, with all funds collected herein to be used
for infrastructure improvements and the City's costs to maintain and
oversee any shared transportation.
(2)
An annual fee for operation of a shared transportation service
providers being payment to the City in an amount equal to $.05 per
ride engaged within the City limits, paid to the City on a quarterly
basis.
D. Each initial City approval shall be valid for a period of three years, and, upon approval of the City, may be renewed in one-year increments. The City shall conduct a compliance review of any shared transportation entity at the City's sole discretion. Any shared transportation entity found to be in violation of this Article
VIII may have its business license and permit revoked in the sole discretion of the City.
E. It is unlawful for any shared transportation entity to offer or manage bicycles or play vehicles within the City limits except in conformance with this Article
VIII.
F. Entities operating shared transportation services within the City
limits shall comply with the following regulations. Noncompliance
may result in the revocation of their business license and permit.
(1)
All portions of this Article
VIII.
(2)
Damaged, abandoned or improperly placed bicycles or play vehicles
shall be removed within two hours of the local contact person being
notified of the improper placement. Failure to remove such bicycles
or play vehicles shall incur a fine per occurrence. Every bicycle
or play vehicle shall have the ability to be remotely disabled in
the case that it is reported to be damaged or unsafe for use.
(3)
The City shall have the right to require the temporary removal
of all bicycles and play vehicles from specific locations in the event
of emergencies, special events, maintenance or other matters in the
City's sole discretion. Removal in such situations shall take place
within eight hours of the City's notice being given.
(4)
The City shall have the right, but not the obligation, to remove
any abandoned, unattended or improperly placed bicycle or play vehicle
that is, in the sole discretion of the City, a safety hazard or an
impediment to access ensured by the Americans with Disabilities Act.
The City's removal and storage in such circumstances shall incur a
fine per occurrence and storage per day. Each day the bicycle or play
vehicle is not retrieved shall incur an additional fine.
(5)
All operators of bicycles and play vehicles shall wear a helmet,
and the shared transportation service provider shall provide a helmet
for every operator of such bicycle or play vehicle.
(6)
All bicycles or play vehicles must have, and clearly display,
a unique, permanent identification number, as well as a visible customer
service phone number.
(7)
For all motorized or electric-assisted bicycles and play vehicles,
the maximum speed shall be 20 miles per hour.
(8)
Each shared transportation entity shall sign a writing agreeing
to defend, hold harmless and indemnify the City and any and all officers,
employees or agents of the City relating to any liabilities, injuries
or damages that may arise from the entity's operation of its shared
transportation services within the City limits.
(9)
Each shared transportation entity shall require each person
who uses the shared transportation services within the City limits
to sign an agreement which shall include the following provisions:
to defend, hold harmless and indemnify the City and any and all officers,
employees or agents of the City relating to any liabilities, injuries
or damages that may arise from the operator's use the shared transportation
services within the City limits; each operator shall forever waive
any claims against the City arising out of the design, construction,
maintenance, repair or dangerous conditions of the City's roadways;
by choosing to ride a bicycle or play vehicle, the operator assumes
all responsibilities and risk for any and all injuries, damages and/or
medical conditions; every and all operators shall forever waive any
class action rights they may have regarding the use of the shared
transportation services; and all disputes arising out of or in connection
with any operator's use of the shared transportation services shall
be finally settled pursuant to binding arbitration by one or more
arbitrators pursuant to the rules of the American Arbitration Association.
Shared transportation fee and fine schedule:
|
---|
Initial permit application fee $500, each successive permit
application fee of $250
|
Annual fee of operation shall be an amount equal to $0.05 for
each ride started within the City limits, with said amount being paid
to the City on a quarterly basis
|
Failure to remove such bicycles or play vehicles: fine of $50
|
Fine for City storing bicycle or play vehicle: $50 per day
|