[Added 10-13-2022 by Ord.
No. 2022-08; amended 6-5-2023 by Ord. No. 2023-03]
For the purposes of this section, unless otherwise apparent
from the context, certain words or phrases used in this section are
defined as follows:
Means the City Engineer or their designee.
Means the placement of devices by the dockless shared mobility
system operator.
Means a device for short-term rental for point to point trips
where, by design of the dockless shared mobility operator, the device
is intended to remain in the public right-of-way, even when not being
rented, and is not required to be docked in a designated docking station
for rental. "Devices" include, but are not limited to, electric-assist
scooters and dockless bicycles. This definition shall not apply to
dockless, point to point car rental services that may be separately
authorized to operate within the City.
Is an entity that owns and/or operates a dockless shared
mobility system in the public right-of-way. The term includes any
employee, agent or independent contractor hired or retained by the
operator.
Is the permit granted to the operator under this section
which allows the operator to commence services within the City.
Means a system providing devices as defined above.
Is any person that uses, rents, or rides a dockless shared
mobility device or is a customer of the operator.
Is a locking mechanism integrated into or on the device which
cannot be removed using simple tools and which securely holds the
device upright when parked at a bike rack or other fixed object.
Is defined in Section 530 of the California Vehicle Code
or any successor statute.
[Added 10-13-2022 by Ord.
No. 2022-08; amended 6-5-2023 by Ord. No. 2023-03]
a.
All operators seeking to operate a dockless shared mobility system
within the City must obtain a dockless shared mobility system permit
pursuant to this section.
b.
The City Engineer is authorized to issue system operator permits
to operators who submit applications and fulfill all requirements
of this section, including payment of all fees, fines, and penalties
to operate such systems.
c.
A permit issued pursuant to this section shall expire on June 30
of each year. Permits issued prior to July 1, 2023 shall expire on
June 30, 2024. Operators must renew such permits annually to continue
operation.
d.
Operators seeking a permit or renewal of an existing permit shall
obtain a business license tax certificate from the Finance Department.
Failure to maintain a business tax certificate or pay delinquent business
license tax penalties or fees constitutes a basis for revocation or
non-renewal of a permit.
e.
Operators seeking a permit or renewal of an existing permit shall
submit a permit application or renewal application on a form that
is provided by the City, and shall pay any applicable application
or renewal fee.
f.
The City Engineer may impose conditions as part of permit issuance,
and may deny a permit to applicants who do not meet program requirements.
g.
The City Engineer may establish conditions including, but not limited
to, locations for parking devices, locations for riding, speed limits
for devices, deployment of devices, device specifications, requirements
to indemnify the City and provide certain levels of insurance coverage,
and requirements to advance community engagement, equity, accessibility,
and personal privacy.
[Added 10-13-2022 by Ord.
No. 2022-08; amended 6-5-2023 by Ord. No. 2023-03]
While an operator is engaged in the process of obtaining a permit pursuant to Section 5-12.2, the operator may commence operations immediately without violating this section by entering into a Temporary Operating Agreement with the City. The Temporary Operating Agreement will be of a limited period established by the City Manager, which period is intended to allow staff to process and approve or deny the permit application, and will contain such terms as are necessary to adequately protect the City's and applicant's interests. Subsection 5-12.4 will apply to the dockless shared mobility service while the operator is awaiting a determination on the permit application.
[Added 10-13-2022 by Ord.
No. 2022-08; amended 6-5-2023 by Ord. No. 2023-03]
a.
Unless otherwise specified, dockless shared mobility devices must
be locked upright to a bike rack or other fixed object, which shall
not include trees, and may not impede access to or use of the right-of-way.
Devices are required to have locking mechanisms. Devices shall not
be parked adjacent to or within:
1.
Disabled parking zone, or any other accessible route that would otherwise
create a barrier to accessibility;
2.
Curb ramps;
3.
Fire hydrant zones;
4.
Roadways;
5.
Loading zones;
6.
Transit zones, including bus stops, shelters, passenger waiting areas,
and bus layover and staging zones, except at existing bicycle racks;
7.
Locked to street furniture that requires pedestrian access, such
as benches, parking pay stations, bus shelters, and transit information
signs;
8.
Entryways;
9.
Driveways; and
10.
Handrails.
b.
Dockless shared mobility systems must comply with the following requirements:
1.
Provide a single point of contact (phone number and email) for a
customer service representative who is available twenty-four (24)
hours per day, seven (7) days a week for matters relating to the system's
operation within the City.
(a)
This information shall be clearly displayed on each device,
along with a unique device identification number.
2.
Issue a "ticket number" for each complaint to both the City's
designated contact person and the person who filed the complaint.
3.
Address such complaints within three (3) hours of receipt of such
complaint, or advise the City and the complainant that additional
time is required to address the complaint and provide an estimated
resolution timeframe.
4.
Provide a response to the complainant when a complaint is closed.
5.
Provide sufficient operations and maintenance staff to respond to
the City within three (3) hours to remove improperly parked devices.
c.
Operator may be charged an improper parking fee, to be set by resolution
of the City Council, if any of operator's devices are found to
be improperly parked and are not removed within three (3) hours of
receiving a complaint.
d.
If operator does not adequately enforce the parking requirements set forth in this section, the City Engineer reserves the right to reduce the number of shared mobility devices allowed under the operator's permit, or revoke the permit entirely, subject to Subsection 5-12.5.
e.
Any device that remains parked in one location for more than three
consecutive calendar days without being moved may be removed and taken
to a City facility for storage at the expense of the operator. The
City will notify the operator that a device has been removed, and
will advise operator that they have seventy-two (72) hours to retrieve
the device before a fee will be imposed, which fee shall be set by
resolution of the City Council.
f.
Operators shall promptly remove devices from the public right-of-way
when they are damaged or their battery has been depleted.
g.
Should the City determine that the number of devices deployed within
the City is creating a public safety impact, the City may cap or reduce
the number of devices each operator is allowed under their existing
permit.
[Added 10-13-2022 by Ord.
No. 2022-08; amended 6-5-2023 by Ord. No. 2023-03]
a.
The City Manager or designee may revoke or suspend a permit, or impose
penalties at their reasonable discretion for reasons including, but
not limited to, the following:
1.
A failure to comply with the Albany Municipal Code;
2.
A failure to comply with the conditions of the permit, if any;
3.
A violation of the provisions of this section;
4.
A determination that the operation of the shared mobility service
poses a risk to public safety;
5.
A determination that the operation of the shared mobility service
by the permittee conflicts with the City's obligation to manage
the right-of-way responsibly;
6.
A transfer of the permit to another party without prior written approval
by the City;
7.
A material misstatement or omission in the permit application or
any other associated document;
8.
The permittee sells or shares confidential and individual user data;
9.
The permittee does not pay fees, surcharges, or penalties required
by this section or City policy;
10.
The permittee blocks or alters the presentation of any information
or denies access to the online application ("app"), through which
it provides its services, by any City representative authorized to
enforce the provisions of the associated permit and this section,
or for the purpose of thwarting or interfering with any City representative's
enforcement or oversight of the associated permit or this section;
and
11.
Failure by the users of devices of specific permittee to comply with
applicable laws and the requirements of this chapter.
b.
The following procedures shall apply to govern the permittee's
appeal of a disapproval, revocation, or suspension of a permit under
this section:
1.
Within fifteen (15) days after the City Engineer serves notification
of disapproval, revocation, or suspension of a permit, an applicant
or permit holder may appeal the action by notifying the City Clerk
in writing of the appeal, the reasons for the appeal, and paying any
applicable fees.
2.
The City Clerk shall set a date and time certain for the hearing,
within thirty (30) days after the receipt of the appeal, unless the
City and the applicant/permit holder agree to a longer time to consider
the appeal. The City Clerk shall provide notice of the date, time,
and place of hearing, at least seven (7) days prior to the date of
the hearing.
3.
The City Manager shall appoint a Hearing Officer to hear the appeal,
determine the order of procedure, and rule on all objections to admissibility
of evidence. The applicant/permit holder and the City Engineer shall
each have the right to submit documents, call and examine witnesses,
cross-examine witnesses, and argue their respective positions. The
proceeding shall be informal, and the strict rules of evidence shall
not apply, and all evidence shall be admissible which is of the kind
that reasonably prudent persons rely upon in making decisions.
4.
The Hearing Officer shall issue a written decision within fifteen
(15) days after the close of the hearing. The decision of the Hearing
Officer shall be final.
