[Ord. 2021-940, 4-19-2021]
As used in this chapter, the following terms shall have the
meanings indicated:
A device a device, weighing less than 100 pounds, with either
two or three wheels, handlebars, and a floorboard that can be stood
upon while riding, that is solely powered by an electric motor and
human power, and whose maximum speed, with or without human propulsion
on a paved level surface, is no more than 20 miles per hour. "Low-speed
electric scooter" does not include a moped, motor-driven cycle, motor
vehicle, or vehicle.
A person or company offering a shared low-speed electric
motorized scooter for hire.
A service in which a shared low-speed electric motorized
scooter is made available to use for hire.
A low-speed electric motorized scooter offered for hire.
[Ord. 2021-940, 4-19-2021]
Low-speed electric motorized scooters operated within the City
of Lincoln, whether privately owned or part of a scooter-share program,
shall follow bicycle requirements in the Illinois Rules of the Road
of the Roads as stipulated in Section 625 Chapter 5 of the Illinois
Compiled Statutes and are subject to the following regulations:
(A)Â
Low-speed electric motorized scooters shall not be operated at a
speed greater than 15 miles per hour.
(B)Â
Low-speed electric motorized scooters may only be ridden upon designated
City streets, roadways, and/or bike paths. Scooters may not be operated
on city sidewalks.
(C)Â
Operation of low-speed electronic scooters is not permitted on roads
that have speed limit of 45 mph or more.
(D)Â
A person operating a low-speed electric motorized scooter shall ride
in the right-hand lane of all roadways, far enough to the right as
judged safe by a reasonable scooter.
(E)Â
A person operating a low-speed electric motorized scooter may use
a lane other than the right hand lane when:
(F)Â
A low-speed electric scooter user shall not be expected or required
to ride over or through any hazards or apparent hazards, or ride without
a reasonable safety margin on the right-hand side of the roadway.
(G)Â
The operator of a low-speed electric motorized scooter emerging from
an alley, driveway or building shall, upon approaching a sidewalk
or the sidewalk area extending across the alleyway, yield the right-of-way
to all pedestrians approaching on such sidewalk area and, upon entering
the roadway, shall yield the right-of-way to all vehicles approaching
on such roadway.
(H)Â
No person riding upon any low-speed electric scooter shall attach
either the scooter or the rider to any vehicle upon a roadway.
(I)Â
No person operating a low-speed electric motorized scooter shall
carry any package, bundle or article, which prevents the rider from
keeping at least one hand upon the handlebars.
(J)Â
Low-speed electric scooters will be made available to rent daily
from 6:00 a.m. to midnight (local time).
(K)Â
Users of low-speed electric scooters who violate these provisions
may be fined by the City, consistent with fines for cyclists.
(L)Â
Users of low-speed electric motorized scooters must be, at least,
of 18 years of age.
[Ord. 2021-940, 4-19-2021]
(A)Â
Low-speed electric motorized scooters may not be parked in a manner
that would impede normal and reasonable pedestrian access on a sidewalk
or in any manner that would reduce the minimum clear width of a sidewalk
to less than 48 inches.
(B)Â
Low-speed electric motorized scooters may not be parked in a manner
that violates the Americans with Disabilities Act.
(C)Â
Low-speed electric motorized scooters may not be parked in a manner
that would impede vehicular traffic on a street or alley.
(D)Â
Electric motorized scooters may not be parked in a manner that would
impose a threat to public safety or security.
(E)Â
Low-speed electric motorized scooters may not be deployed on a block
where the sidewalk is less than 96 inches in width, or on a block
that does not have sidewalks. The city may determine other blocks
or areas where deploying electric motorized scooters are prohibited.
(F)Â
Low-speed electric motorized scooters must be deployed on a sidewalk
or other hard surface, at a bicycle rack, or at a City-owned location.
Electric motorized scooters may only be deployed on private property
with the permission of the property owner.
(G)Â
Low-speed electric motorized scooters must stand upright while parked.
(H)Â
Low-speed electric motorized scooters may not be parked within five
feet of a crosswalk or curb ramp, unless given specific permission
by the City.
(I)Â
Low-speed electric motorized scooters shall be parked in the same
manner and the same locations as a bicycle may be parked, but may
not be parked in a way that blocks:
1.Â
Transit stops, shelters, or platforms.
2.Â
Commercial loading zones.
3.Â
Railroad or light rail tracks or crossings.
4.Â
Passenger loading zones or valet parking service areas.
5.Â
Disabled parking zones.
6.Â
Street furniture that requires pedestrian access.
7.Â
Building entryways.
8.Â
Vehicular driveways.
(J)Â
Low-speed electric motorized scooters that are parked in an incorrect
manner must be reparked or removed by the operator within two hours
of receiving notice from the City on weekdays between 6:00 a.m. and
6:00 p.m. (excluding holidays) and within 12 hours of receiving notice
from the City at all other times.
(K)Â
Low-speed electric motorized scooters that are parked in a residential
area may remain in the same location for up to 48 hours as long as
it is parked in accordance with this section. An operator shall relocate
or rebalance electric motorized scooters parked in a residential area
after receiving a citizen request or complaint.
[Ord. 2021-940, 4-19-2021]
(A)Â
Low-speed electric motorized scooters shall be equipped with a brake
and, for those units that operate at night, a front light that emits
white light as well as a red light and reflector at the rear of the
unit. All electric motorized scooters shall have front and back lights
that are always on and are visible from a distance of at least 500
feet under normal atmospheric conditions at night. Front and rear
lights must stay on at least 90 seconds after the unit has stopped.
(B)Â
A low-speed electric scooter shall not be equipped with nor shall
use upon a low-speed electric motorized scooter any siren. This subsection
does not apply to a low-speed electric scooter that is a Police or
Fire Department vehicle.
[Ord. 2021-940, 4-19-2021]
(A)Â
A person commits an offense if, within the City, he or she operates,
or causes or permits the operation of, a scooter-share program without
a valid operating authority permit issued under this chapter.
(B)Â
Issuance of a permit does not authorize the operation of a shared
scooter on private property without the approval of the property owner.
(C)Â
The total number of initial permits issued by the city for shared
scooters company shall be one.
(D)Â
To obtain an operating authority permit, a person shall make application
in the manner and on the form prescribed by the City.
(E)Â
The initial application for an operating authority permit must be
accompanied by the nonrefundable application fee of $150. This fee
shall be paid prior to the issuance of any permits. Applications to
renew an operating authority permit must be accompanied by a nonrefundable
application fee of $100.
(F)Â
In addition to the nonrefundable application fee set forth above,
bike share companies shall remit to the City, a bicycle fee in an
amount equivalent to $0.25 per ride. The fee shall be calculated monthly
based on usage data. For the duration of the permit, this fee shall
be paid to the City of Lincoln every three months starting three months
after the permit is issued, with the last payment occurring within
10 days after expiration, revocation or termination of the permit,
if not renewed. This fee is to be used for costs associated with administration
of the permit and the bike share program, enforcement of this Code,
oversight, construction and maintenance of parking, active transportation
maintenance activities, and/or active transportation street, sidewalk,
or bike path improvements or studies.
(G)Â
The operator's fleet shall not exceed 50 shared scooters. A
request for an increase in fleet size shall include a rationale and
analysis to justify the additional fleet size. Authorization of additional
units is at the sole discretion of the City.
(H)Â
It shall be unlawful for any person owning or operating any electric
motorized scooter service in the City of Lincoln not licensed and
equipped in accordance with the provisions of this chapter, or of
an electric motorized scooter service the license of which has been
revoked, or whose license is at the time suspended, to operate the
same as an electric motorized scooter service, as herein defined,
or attempt to do so or to solicit passengers for hire in this City.
(I)Â
The City may refuse to issue or renew an operating authority permit,
or suspend an operating permit if the city deems the operating company
is in violation or failed to comply with any section of this chapter.
A written notice of such suspension or nonrenewal will be sent to
the company if such action is taken.
(J)Â
The City reserves the right to terminate any agreement with an electric
scooter operator with which the City has entered into an agreement
with 30 days' written notice.
[Ord. 2021-940, 4-19-2021]
Low-speed scooter-share operators shall comply with the following
requirements for scooter-share programs:
(A)Â
Operators shall not permit any person under the age of 18 to operate
a shared scooter.
(B)Â
Rates for shared scooters shall be clearly and understandably communicated
to customers prior to use.
(C)Â
Shared scooter programs shall ensure that its application and website
educates users about how to comply with the general operation, parking,
and safety regulations set forth in the company code and in this chapter.
(D)Â
Shared scooters shall be equipped with an on-board GPS unit or equivalent
that can report the location of a unit at any time for the purposes
of use, recovery, repair, data collections, and incident investigation.
(E)Â
Shared scooters shall be high quality, sturdily built to withstand
the rigors of outdoor storage and constant use.
(F)Â
Operators must have the ability to implement no-ride zones, the ability
to slow scooters, and the ability to prevent parking in areas identified
by the city. Operators must also have the ability to require shared
scooters to be parked in certain areas designated by the city.
(G)Â
Shared scooters shall meet the most up-to-date equivalent safety
standards as those outlined in the Code of Federal Regulations and
the International Organization for Standardization for bicycles. Currently,
scooters shall meet CPSC in Public Law 107-319 for standards around
weight bearing.
(H)Â
For all shared scooters used the maximum motor-assist speed for licensed
units shall be 15 mph, when ridden in the street environment.
(I)Â
Shared scooters shall be able to securely stand upright when parked.
(J)Â
Shared scooters shall be inspected when removed from routine service,
to ensure that all of its components are present and functioning properly.
(K)Â
Operators must be capable of quickly identifying and addressing safety
and maintenance issues with shared scooters, including a mechanism
for customers to notify the company that there is a safety or maintenance
concern with the scooter.
(L)Â
Operators must be capable of remotely disabling the use of a unit
if it is reported or found to have a safety, maintenance, or other
hazardous condition. Scooters that are reported as unsafe or nonfunctional
shall be immediately deactivated for rental and removed from operations
until repaired.
(M)Â
Operators shall remove any unit that is not safe to operate within
four hours of receipt of notice and shall not be redeployed until
repaired.
(N)Â
Operators shall have a program in place to ensure proper recycling
and disposal of batteries under universal waste battery disposal standards
pursuant to Title 40 of the Code of Federal Regulations, Part 273.
[Ord. 2021-940, 4-19-2021]
(A)Â
Scooter-share operators shall ensure that each shared scooter:
1.Â
Clearly displays the emblem of the operator;
2.Â
Clearly displays the operator's customer support information,
including customer service phone number, website, and email;
3.Â
Bears a unique alphanumeric identification number that is visible
from a distance of five feet and is not covered by a branding or other
marking.
[Ord. 2021-940, 4-19-2021]
The owners and operators of any electric scooter operation permitted
by the City will agree to indemnify, defend and hold harmless the
City and the City's employees, agents and affiliates) from and
against all actions, damages or claims brought against the City arising
out of said owner and operator's negligence or willful misconduct,
except that indemnification obligation shall not extend to claims
of the City or City's employees', agents' or affiliates'
negligence or willful misconduct.
(A)Â
Operators of electric scooters shall provide the City with proof
of insurance coverage exclusively for the operation of electric scooters,
including:
1.Â
Commercial general liability insurance coverage with a limit of no
less than $1,000,000 each occurrence and $2,000,000 aggregate.
2.Â
Automobile insurance coverage with a limit of no less than $1,000,000
each occurrence and $1,000,000 aggregate.
3.Â
Where operators of electric scooters employ persons within the City,
workers' compensation coverage of no less than the statutory
requirement.
(B)Â
A scooter-share operator shall carry the following insurance coverage
dedicated exclusively for operation of a shared scooter and shall
provide a valid certificate insurance each year the operator's
permit is renewed:
1.Â
Commercial general liability insurance coverage with a limit of no
less than $1,000,000 for each occurrence and $5,000,000 aggregate.
2.Â
Umbrella or excess liability coverage with a limit of no less than
$5,000,000 for each occurrence and $35,000,000 aggregate.
3.Â
Workers' compensation coverage as required by law.
(C)Â
A valid certificate of insurance evidencing the coverage required
by this section shall be submitted prior to the issuance of an initial
operating authority permit.
(D)Â
Scooter-share operators may not be self-insured.
(E)Â
Insurance required by this section shall include a cancellation provision
in which the insurance company is required to notify the city in writing
not fewer than 10 days before cancelling the insurance policy for
any reason or before making a reduction in coverage.
[Ord. 2021-940, 4-19-2021]
(A)Â
The scooter-share operator shall provide all fleet and ride activity
data for all trips starting or ending within the City of Lincoln,
as well as all ride activity data for any trip resulting in an accident
report.
(B)Â
Such data shall include:
1.Â
Total number of daily, weekly, and monthly riders.
2.Â
Total number of vehicles in service for the reporting period.
3.Â
Aggregated monthly summary data in the form of heat maps showing
routes, trends, origins, and destinations.
4.Â
Total number of miles traveled daily, weekly, and monthly by users.
5.Â
Average time each shared scooter spends available (not in use).
6.Â
Duration of ride per day of the week.
7.Â
Summary of fleet numbers lost to theft or vandalism.
8.Â
Summary of customer comments, complaints, and requests for service;
resolutions to comments, complaints, and requests for service; and
the time it took to resolve any complaint or request for service.
9.Â
Monthly summary of repairs per shared scooter.
10.Â
Any other report requested by the City.
(C)Â
Such data shall be provided to the City of Lincoln when requested.
