As used in this chapter, the following terms shall have the
meanings indicated:
Shall have the meaning ascribed by Section 304.900 RSMo.
Shall have the meaning ascribed by Section 304.900 RSMo.
Shall have the meaning ascribed by Section 304.900 RSMo.
A.
Personal
delivery devices shall be operated in accordance with State law, including
but not limited to Section 304.900, RSMo. Furthermore, to ensure the
welfare and safety of the public within the City, such devices shall:
1.
Use available sidewalks wherever feasible;
2.
Shall come to a controlled stop when required by traffic and pedestrian
control signals and/or circumstances;
3.
Shall not operate between sunset and sunrise unless using front and
rear lighting that meets State law requirements; and
4.
Shall not operate during inclement weather unless using the same
front and rear lighting as required by State law for operations between
sunset and sunrise.
In order to protect the welfare and safety of the public within
the City, including to minimize the diversion of public funds, a personal
delivery device operator and its agents shall, at their sole cost
and expense, jointly and severally indemnify, hold harmless and defend
the City, its Council, officials, boards, board members, commissions,
commissioners, representatives, officers and employees, against any
and all claims, suits, causes of action, proceedings and judgments
("claims") for damages or equitable relief arising out of their operation
of a personal delivery device within the City. Such indemnification
shall include, without limitation, the City's reasonable attorneys'
fees incurred in defending against any such claim prior to the personal
delivery device operator and/or agent assuming such defense. The City
shall notify the operator or agent of a claim within 30 days of its
actual knowledge of the existence of such claim and acquisition of
accurate contact information for the operator or agent, but untimely
notice shall not eliminate the requirement to indemnify except to
the extent such untimely notice prejudiced the operator or agent.
Once the operator and/or agent assumes the defense of the claim, the
City may at its option continue to participate in the defense at its
own expense.
