[Added 2-26-2021 by Ord.
No. 2021-02]
The Board of Commissioners has determined to adopt a shared
electric scooter program to be utilized within the City of Weatherford
and to ensure that such mobility sharing systems are consistent with
the safety and well-being of bicyclists, pedestrians, and other riders
of the public rights-of-way, it adopts the following City Code Ordinance
for that purpose.
[Added 2-26-2021 by Ord.
No. 2021-02]
This article applies to any proposed deployment of electric
scooter sharing systems within the City's jurisdictional boundaries.
[Added 2-26-2021 by Ord.
No. 2021-02]
Any entity seeking to operate a shared electric scooter program
within the City shall first obtain an Electric Scooter Share License
("License") from the City conditioned on compliance with the provisions
of this article and any other conditions (including insurance, indemnity,
and performance bond) established by the City Clerk or their assignee.
No entity shall operate a shared electric scooter sharing program
within the City except pursuant to such license and provisions (each
such operator, a "Licensee"). The business license shall last two
years, have an initial annual cost of $500, have a renewal cost of
$200 per year thereafter, and require payment of $0.25 per ride completed,
provided that the total fees collected shall not exceed the reasonable
and necessary cost to the City of administering the licenses and licensees.
City shall limit the number of licenses issued to three or fewer.
[Added 2-26-2021 by Ord.
No. 2021-02]
1.
Shared electric scooters shall mean a device weighing less than 150
pounds, that:
2.
Except as otherwise provided herein, the City shall regulate the
operation of shared electric scooters in a manner no more restrictive
than its regulation of shared bicycles.
3.
Shared electric scooters are to be ridden on streets, and where available,
in bike lanes and bike paths. Shared electric scooters are to stay
to the right of street lanes and to offer the right-of-way to bicycles
in bike lanes and on bike paths. Riders of shared electric scooters
shall be 18 or older. Riders of shared electric scooters who violate
these provisions may be fined by the City consistent with fines for
cyclists.
4.
Licensees shall provide easily visible contact information, including
toll-free phone number and/or e-mail address on each shared electric
scooter for City employees and/or members of the public to make relocation
requests or to report other issues with devices.
5.
Fleet Size/Caps. Licensees shall target an initial fleet size of
an amount similar to other cities with comparable population. The
City shall allow licensees to increase their fleet size on a weekly/monthly
basis in the event that licensees provide data that supports increases
in certain areas to meet rider demand for service.
6.
Penalties. The City reserves the right to revoke a license for cause
or woefully negligent practices that cannot be remedied after providing
such licensee with a 30-day notice of alleged negligence, and after
providing such licensee a right for a public hearing or to otherwise
cure such deficiency. Upon completion of the aforementioned, the City
can require that a licensee's fleet of shared electric scooters
be removed from the City's right-of-way within 30 days.
7.
Force Majeure. Neither party shall be liable to the other party for
failure or delay in the performance of a required obligation if such
failure or delay is caused by strike, riot, fire, natural disaster,
health pandemic, utilities and communications failures, governmental
acts or orders or restrictions, failure of suppliers, or any other
reason where failure to perform is beyond the reasonable control of
and is not caused by the negligence of the non-performing party, provided
that such party gives prompt written notice of such condition and
promptly recommences performance whenever and to whatever extent possible
without delay. Either party may terminate this agreement if the force
majeure event prevents the non-performing party's ability to
perform in accordance with the terms and conditions of this agreement
for greater than three months.
[Added 2-26-2021 by Ord.
No. 2021-02]
1.
Riders of shared electric scooters shall park devices upright on
hard surfaces in the furniture zone of the sidewalk, beside a bicycle
rack or in another area specifically designated for bicycle parking,
or on the street next to an unmarked curb.
2.
Licensee will take reasonable steps to ensure that all riders understand
the requirements of ADA accessibility and the importance of leaving
ADA paths of travel clear and accessible.
3.
Riders shall not park shared electric scooters in such a manner as
to block the pedestrian clear zone area of the sidewalk; ADA paths
of travel including accessible ramps, any fire hydrant, call box,
or other emergency facility; bus bench; or utility pole or box.
4.
Riders shall not park shared electric scooters in such a manner as
to impede or interfere with the reasonable use of any commercial window
display or access to or from any building entrance/exit doorway.
5.
Riders shall not park shared electric scooters in such a manner as
to impede or interfere with the reasonable use of any bicycle rack
or news rack.
6.
Riders may park shared electric scooters in on-street parking spaces
in the following circumstances:
a.
When marked parking spaces are officially designated stations for
such devices;
b.
Where the furniture zone is less than three feet wide;
c.
Where there is no furniture zone;
d.
In neighborhoods with rolled curbs, or with inadequate sidewalk space;
e.
In marked parking spaces designated for motorcycles.
7.
Riders may park shared electric scooters on blocks without sidewalks
only if the travel lane(s) and 6-foot pedestrian clear zone are not
impeded.
8.
Riders shall not park shared electric scooters in the landscape/furniture
zone directly adjacent to or within the following areas, such that
access is impeded:
a.
Transit zones, including bus stops, shelters, passenger waiting areas
and bus layover and staging zones, except at existing bicycle racks;
b.
Loading zones;
c.
Disabled parking zone;
d.
Street furniture that requires pedestrian access (e.g., benches,
parking pay stations, bus shelters, transit infonnation signs, etc.);
e.
Curb ramps;
f.
Entryways; and
g.
Driveways.
9.
Riders of shared electric scooters who violate these provisions may
be fined by the City consistent with fines for cyclists.
10.
A licensee may stage its shared electric scooters in permitted parking
areas described in this section. To the extent a licensee desires
to stage shared electric scooters in areas other than the public right-of-way,
the licensee must first obtain the right to do so from the appropriate
City department, property owner, or public agency.
[Added 2-26-2021 by Ord.
No. 2021-02]
1.
Licensees shall maintain 24-hour customer service for customers to
report safety concerns, complaints, or to ask questions. Licensees
shall maintain a multilingual website, call center, and/or mobile
app customer interface that is available twenty-four hours a day,
seven days a week. The aforementioned shall be compliant with the
Americans with Disabilities Act.
2.
In the event a safety or maintenance issue is reported for a specific
device, that shared electric scooter shall be made unavailable to
riders and shall be removed within the timeframes provided herein.
Any inoperable or unsafe device shall be repaired before it is put
back into service.
3.
Within licensees' zone of operation, licensees shall respond
to reports of incorrectly parked shared electric scooters, shared
electric scooters continuously parked in one location for more than
72 hours, or unsafe/inoperable shared electric scooters by relocating,
re-parking, or removing the shared electric scooters, as appropriate,
within 24 hours of receiving notice, except that licensees shall respond
within 4 hours of receiving notice in emergency situations.
4.
In the event a licensee does not timely respond, and the condition
of the shared electric scooter cannot be easily remedied, such shared
electric scooters may be removed by City crews with notice to licensee
and taken to a City facility for storage at the expense of the licensee,
not to exceed $20 per shared electric scooter.
5.
Licensees shall provide notice to all riders that:
a.
Shared electric scooters are to be ridden on streets, and where available,
in bike lanes and bike paths;
b.
Shared electric scooters are to stay to the right of street lanes
and to offer the right of way to bicycles on bike lanes and bike paths;
c.
Helmets are encouraged for all riders; and
d.
Riding responsibly is encouraged, and licensee will notify riders
if repeated irresponsible riding is reported and recorded with identifying
rider information.
6.
Shared electric scooter riders are required to take a photo whenever
they park their scooter at the end of a ride.
7.
Licensees shall provide education to shared electric scooter riders
on the City's existing rules and regulations, safe and courteous
riding, and proper parking.
[Added 2-26-2021 by Ord.
No. 2021-02]
City may require licensees to provide anonymous fleet and ride
activity data for all trips starting or ending within the jurisdiction
of City on any vehicle of licensee or of any person or company controlled
by, controlling, or under common control with licensee, provided that,
to ensure individual privacy:
1.
Such data is provided via an application programming interface, subject
to licensee's license agreement for such interface, in compliance
with a national data format specification such as the Mobility Data
Specification.
2.
Such data shall be safely and securely stored by City which shall
implement administrative, physical, and technical safeguards to protect,
secure, and, where appropriate, encrypt or limit access to the data;
3.
Such data shall be subject to publicly available aggregation, retention,
and privacy policies of licensee and City;
4.
Any such data provided shall be treated as trade secret and proprietary
business information, and shall be exempt from public records requests
and requests by third parties except with the consent of licensee;
and
5.
Such data shall not be shared with law enforcement except pursuant
to valid legal process.
[Added 2-26-2021 by Ord.
No. 2021-02]
1.
Indemnification: licensee shall indemnify, defend and hold harmless
City against all actions or causes of action, claims, liability, loss,
cost, damage, or expense, of whatever kind and nature, including but
not limited to those arising under the Federal Employer's Liability
Act, or under any Workers' Compensation Act, and any amendment
to said Acts now or hereafter in effect, including reasonable attorney
fees and other expenses of litigation, and including any suit instituted
to enforce the obligations of this provision, which City may sustain
or incur, or for which it may become liable, by reason of use of,
damage to or destruction of property, including the loss of use thereof
and lost profits, or by reason of injuries, including death, to any
person or persons including but not limited to, the person or property
of the parties hereto and their employees (hereinafter "Loss and Damage):
a.
Arising out of, or directly or indirectly due to, any failure by
licensee to satisfy, promptly and faithfully, its obligations under
this license;
b.
Arising out of, or directly or indirectly due to, any accident or
other occurrence whatsoever causing injury, including death, to any
person or persons or damage to or destruction of any property, including
the loss of use thereof and lost profits, resulting from the use,
occupancy or condition of the premises and scooters placed by licensee,
its customers, invitees and licensees; and
c.
Arising out of any mechanic's lien or other lien, tax, assessment,
or charge of any and every nature that may at any time be established
against the premises or the scooters, or any part thereof, as a consequence,
direct or indirect, of the existence of licensee's interest under
this license.
2.
No settlement by licensee for Loss and Damage shall affect City's
right to indemnify, contribution or defense under this agreement.
3.
Upon written notice from City, licensee agrees to assume the defense
of any lawsuit, administrative action or other proceeding brought
against City by any public body, individual, partnership, corporation,
or other legal entity, relating to any matter covered by this license
for which licensee has an obligation to assume liability for and/or
to save and hold harmless the City. Licensee shall pay the entire
costs incident to such defense, including, but not limited to, the
theories of intentional misconduct, negligence, breach of statute
or ordinance, or upon any theory created by statute or ordinance,
state or federal.
[Added 2-26-2021 by Ord.
No. 2021-02]
Licensees shall provide City with proof of insurance coverage
exclusively for the operation of shared electric scooters including:
1.
Commercial General Liability insurance coverage with a limit of no
less than $1,000,000 each occurrence and $2,000,000 aggregate;
2.
Automobile insurance coverage with a limit of no less than $1,000,000
each occurrence and $1,000,000.00 aggregate; and
3.
Where licensee employs persons within the City, Workers' Compensation
coverage of no less than the statutory requirement.
