The following words and phrases shall have the meanings set forth below, unless the context clearly requires otherwise:
Customer.
A person who rents and uses a bicycle from a bike share operator.
Dockless bike share system.
A system which provides bicycles for short-term rentals for point-to-point trips and which may be locked and unlocked without the requirement of a bicycle rack or other docking station within the city.
Dockless bike share operator or operator.
A corporation, firm, joint venture, limited liability company, partnership, person, or other organized entity that operates a dockless bike share system, whether for profit or not for profit.
Director.
The director, or his or her designee, of the community development department.
Geo-fence platform.
An interactive geographic spatial layer or map controlled by the city to quickly and effectively detect and manage connected devices, liked shared bicycles, in the city’s public spaces.
Geo-fence zone.
A zone defined by GPS or RFID that registers when a mobile device like a bicycle enters or leaves that zone.
Geo-fence zone plan for cities and bike share.
A program to serve both the city and its citizens to regulate the use of shared bicycles and the functioning conditions for the operators.
Permittee.
A dockless bike share operator that holds a current and valid permit issued pursuant to this article.
Public right-of-way or right-of-way.
A strip of land acquired by reservation, dedication, prescription, deed or condemnation and intended to use by the public as a street, alley, or other public way.
(a) 
A pilot program is hereby created to allow a nine-month permit for companies which desire to operate a dockless bike share system or business within the city limits (“operators”).
(b) 
To participate in the pilot program, operators must submit a permit application to the community development director in accordance with these regulations.
(c) 
The permit application shall include these items:
(1) 
Completed application;
(2) 
Company/operator name and local, primary contact information;
(3) 
Insurance and indemnification documentation;
(4) 
Images and description of bicycles and mobile application;
(5) 
Size of fleet, including any planned fleet expansion over the year;
(6) 
Service area, including any planned expansions over the year;
(7) 
Plan for educating users on proper bicycle parking;
(8) 
Permit fee in the amount applicable to the operator as specified in this article.
(a) 
All bicycles used by operators issued a permit under this article shall meet the standards outlined in the Code of Federal Regulations (CFR) under title 16, chapter II, subchapter C, part 1512 - regulations for bicycles. Additionally, permitted systems shall meet the safety standards outlined in ISO 43.150 - Cycles, subsection 4210.
(b) 
All bicycles shall meet the Texas Transportation Code requirement for lights during nighttime, described in Texas Transportation Code Title 7, subtitle C., chapter 551, subchapter B sec. 551.104.
(c) 
All operators permitted under this program shall provide a mechanism for customers to notify the operator that there is a safety or maintenance issue with the bicycle, to include a telephone number, web address, and email address.
(d) 
All permitted systems shall have visible language that notifies the user that:
(1) 
Helmet use is encouraged while riding the bicycle.
(2) 
Bicyclists shall yield to pedestrians on sidewalks.
(3) 
When riding on a street, bicyclists must follow the rules of the road as one would in a motor vehicle.
(e) 
Permitted bicycle share operators agree that the city is not responsible for educating users regarding bicycle laws. Neither is the city responsible for educating users on how to ride or operate a bicycle. Permitted operators agree to educate users regarding laws applicable to riding and operating a bicycle in the city and to instruct users to comply with applicable laws.
(a) 
Bicycle share operators shall inform customers on how and where to use and park a bicycle properly.
(b) 
Bicycle share operators shall have the capability to create geo-fence zones as established by the city.
(c) 
Bicycle share operators shall provide and maintain a geo-fence platform operable on six (6) workstations simultaneously, compatible with the city GIS system.
(d) 
Restrictions to eligible bicycle parking zones on sidewalks include:
(1) 
Bicycles shall not be parked in the required sight triangle at an intersection, as defined by this code.
(2) 
Bicycles shall not be parked against trees or within the landscape planting beds.
(3) 
The city reserves the right to determine certain block faces where dockless bicycle share parking is prohibited.
(4) 
Bicycles shall not be parked or stationed in such a way that will inhibit pedestrian movement or ADA accessibility on sidewalks or pedestrian ways.
(5) 
Bicycles shall not be parked adjacent to or within:
(A) 
An area not within a geo-fence zone (reference map or geo-fence platform);
(B) 
Transit zones, including bus stops and shelters;
(C) 
Loading zones;
(D) 
ADA handicap parking zones;
(E) 
Street furniture that requires pedestrian access;
(F) 
Curb ramps; or
(G) 
Entryways and driveways.
(e) 
This permit is only valid for operations within the city right-of-way. Additional zones may be established; for example, locations within parks, on-street parking spaces, off-street parking lots/garages, or campuses may be established. However, permission to do so shall require coordination with the appropriate city department and/or property owner and shall be communicated to the customer through signage approved by the respective entity and/or through the mobile web application.
(f) 
Any dockless bicycle that is parked in one location for more than seven (7) consecutive days without moving must be evaluated and moved to a new location by the bicycle share system provider. If the bicycle remains in the same location for the first two (2) hours of the eighth day, it may be removed by the city and taken to a facility for storage at the expense of the bicycle share operator. The city shall invoice the violating operator (see operations section for more information).
(g) 
All permitted bicycle share operators shall provide, on every bicycle, contact information for bicycle relocation requests, including a telephone number, web address, and email address.
(h) 
Bicycles shall be upright when parked.
(i) 
Any bicycle that is parked incorrectly shall be re-parked in a correct manner or shall be removed by the operator based on these times:
(1) 
8:00 a.m.–8:00 p.m. Monday–Friday (holidays excluded) - within two (2) hours of receiving notice.
(2) 
All other times - by 10:00 a.m. the following calendar day (holidays included).
(j) 
A rider of a dockless shared bike shall ride and operate or park and leave the bike only within the geo-fence zones established in red on the map attached to Ordinance 18/019 as exhibit A. Shaded or cross-hatched areas on the map indicate areas where bike-share units may not legally be parked-rental fees cannot be stopped and bikes cannot be locked in those areas.
For special events in the city that require street closure and/or booths to set up on a street or the sidewalk, removal of bike share bikes will be handled by the bike share operator.
(1) 
Two weeks prior to the event city staff will contact all permitted bike share operators alerting them to the upcoming event.
(2) 
Permitted bike share operators will be required to remove bikes at least three hours prior to street closures or event set up.
(3) 
It is the responsibility of the permitted bike share operator to ensure users are aware of the restricted parking areas.
(a) 
All permitted bicycle share operators under the permit program shall have a 24-hour customer service phone number for customers and others to report safety concerns, complaints, or ask questions.
(b) 
All permitted bicycle share operators under the permit program shall provide the city with a direct contact for bicycle share operator staff that are capable of rebalancing bicycles. In addition, operators will provide a rebalancing management plan to the city.
(c) 
In the event city staff identifies or receives a nuisance complaint, all permitted bicycle share operators under the permit program shall relocate or rebalance bicycles based on these times:
(1) 
8:00 a.m.–8:00 p.m. Monday–Friday (holidays excluded) - within two (2) hours of receiving notice.
(2) 
All other times - by 10:00 a.m. the following calendar day (holidays included).
(d) 
Any inoperable bicycle, or any bicycle deemed not safe to operate either by a user or the company, shall be removed from the ROW within 24 hours of notice by any means to the operator by an individual or entity, and shall be repaired before returning the bicycle into revenue service.
(e) 
All permitted operators shall have a minimum bicycle fleet of 50 bicycles if using standard (nonelectric) bicycles; operators shall meet this fleet size within four weeks of permit approval.
(f) 
During this pilot stage of the bicycle share permit program, the city will limit the number of bikes per bike share company to no more than 150 bikes. If ridership reports demonstrate a need for more and operators are meeting responsible rebalancing/relocation requirements, the bike limit may be reassessed.
(g) 
Every bicycle shall have a unique identifier, such as a unit number, that is visible to the user on the bicycle.
(h) 
Escrow accounts: The operator must provide two thousand five hundred dollars ($2,500.00) in cash per one thousand (1,000) bicycles (not prorated) that the city will hold in escrow for the term of this permit to cover direct costs incurred by the city due to violations of the permit. Should the escrow account be debited and drop to an amount below five hundred dollars ($500.00), operator shall provide additional funds to raise the amount back to two thousand five hundred dollars ($2,500.00) per one thousand (1,000) bicycles.
(i) 
If the city incurs any costs addressing or abating any violations of these requirements, or incurs any costs of repair or maintenance of public property, upon receiving written notice of the city costs, the permitted operator shall reimburse the city for such costs within thirty days. If reimbursement is not paid, the city may withdraw the funds from the escrow account provided in subsection (h), above.
(j) 
Permits may be revoked for lack of customer service response to include but not limited to safety concerns, failure to actively manage rebalancing plan, documented history of violating components outlined in this policy and/or any of the following:
(1) 
If an operator has five (5) or more bicycles impounded by the city at any one time;
(2) 
If an operator has had ten (10) or more bicycles impounded within 30 days; or
(3) 
If an operator leaves a bicycle impounded for five (5) or more consecutive days.
(k) 
Appeal:
(1) 
An operator may appeal the following decisions of the city if it requests an appeal in writing and delivers it to the city manager not more than ten (10) business days after receiving notice of the action:
(A) 
A denial of an application for permit under this program; or
(B) 
A revocation of a permit under this program.
(2) 
The city manager or his designee shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in its behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on a preponderance of the evidence presented at the hearing. The hearing officer may affirm, modify, or reverse all or part of the action being appealed. The decision of the hearing officer is final.
(a) 
Permitted bicycle share operators will report data to the bicycle and pedestrian coordinator or the traffic engineer for reporting and analysis purposes.
(b) 
Permitted bicycle share operators are required to report monthly information regarding their fleet and membership. The goal of these reports is to better understand how the entire bicycle share system is being utilized and to better inform future policy changes. Operators will work with the city to provide the following information on their company’s operations in the city:
(1) 
Number of bicycles in system;
(2) 
Origin and destination data;
(3) 
Usage (total trips, per timeframe, per location, per bicycle);
(4) 
Total number of members;
(5) 
Member survey and general demographics (if available); and
(6) 
Reported collisions.
(a) 
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications through the duration of the permit, or longer, as so noted:
(1) 
Each policy shall be issued by a company authorized to do business in the state with an A.M. Best Company rating of at least A- or better.
(2) 
Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the city, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the city, its officials, agents, employees, and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
(3) 
All liability policies shall be endorsed to provide the following:
(A) 
Name as additional insured the city, its officials, agents, employees, and volunteers.
(B) 
That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer’s limit of liability.
(C) 
Provide a waiver of subrogation in favor of the city, its officials, agents, employees, and volunteers.
(i) 
Cancellation: City requires 30 days’ written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date.
(ii) 
Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain owners and contractors protective liability insurance.
(iii) 
Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the city receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, city may, at its sole option, terminate this agreement effective on the date of the lapse.
(b) 
General liability insurance.
General liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the permittee. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies.
(1) 
If the commercial general liability form (ISO form CG 0001 current edition) is used:
(A) 
Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage.
(B) 
Coverage B shall include personal injury.
(C) 
Coverage C, medical payments, is not required.
(2) 
If the comprehensive general liability form (ISO form GL 0002 current edition and ISO form GL 0404) is used, it shall include at least:
(A) 
Bodily injury and property damage liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures.
(c) 
Automobile liability insurance.
Permittee shall provide commercial automobile liability insurance with combined single limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for:
(1) 
Any auto; or
(2) 
All owner, hired, and nonowned autos.
The pilot program permit fees shall be applied to approved bicycle share permit holders based on the size of the operator’s fleet and shall be set by an appropriate resolution of the city council establishing a master fee schedule.
(Ordinance 18/019 adopted 3/20/18)
(a) 
Prohibition.
No person shall ride a bicycle or electric bicycle at a speed that is greater than is reasonable and prudent under the conditions then existing, and in no event shall a person ride a bicycle or electric bicycle at a speed greater than thirty (30) miles per hour.
(b) 
Definitions.
Class 1 electric bicycle.
An electric bicycle equipped with a motor that assists the rider only when the rider is pedaling, and which has a top assisted speed of 20 miles per hour or less;
Class 2 electric bicycle.
An electric bicycle equipped with a motor that may be used to propel the bicycle without the pedaling of the rider, and which has a top assisted speed of 20 miles per hour or less;
Class 3 electric bicycle.
An electric bicycle equipped with a motor that assists the rider only when the rider is pedaling, and which has a top assisted speed of not less than 20 miles per hour or more than 28 miles per hour; no person under the age of fifteen years shall operate a class 3 electric bicycle on a public street in the city.
Electric bicycle.
A bicycle equipped with fully operable pedals and an electric motor of fewer than 750 watts, with a top assisted speed not exceeding 28 miles per hour.
(c) 
Safety requirements.
(1) 
Riders must obey all applicable laws, ordinances, and traffic signs, including stop signs and stop lights, applicable to motor vehicles;
(2) 
Helmets are required for all riders under the age of sixteen years; a parent or guardian commits an offense if such person knowingly causes or permits or by insufficient control allows a child under the age of sixteen years to operate an electric bicycle without a helmet;
(3) 
A person sixteen years of age or older is encouraged but not required to wear a helmet while operating an electric bicycle or riding as a passenger on an electric bicycle;
(4) 
A person may not operate an electric bicycle unless the bicycle is equipped with brakes, front and rear lamps, and a rear reflector as required by section 551.104 of the Texas Transportation Code; and
(5) 
No person shall operate an electric bicycle that is carrying a passenger and no person shall ride as a passenger on an electric bicycle, unless the bicycle is equipped with a seat for the passenger.
(d) 
Operation.
(1) 
No person shall operate a bicycle on a sidewalk in a commercial or retail area of the city;
(2) 
A person may not operate an electric bicycle on any sidewalk in the city, and a person riding a nonelectric bicycle on a sidewalk in a residential area of the city shall yield right-of-way to a pedestrian; and
(3) 
No person shall operate an electric bicycle on a public street of the city at a speed that is greater than is reasonable and prudent under the conditions then existing.
(Ordinance 23-016 adopted 8/1/2023; Ordinance 24-040 adopted 11/19/2024)
(a) 
Definitions.
E-bike
means any bicycle that is assisted in movement by an electrical motor. Class 1, class 2, and class 3 E-bikes are defined in chapter 664 of the Texas Transportation Code.
Driver license
means an authorization issued by a state for the operation of a motor vehicle. This term includes: (1) a temporary license; and (2) an occupational license. This does not include an instruction/learner license.
Operator
means the person driving/riding and having physical control over the E-bike.
Permit
means a certificate/decal of authorization issued to the applicant/operator by the city's police department authorizing the operation of the E-bike.
Permit holder
means the person to whom the E-bike permit has been issued.
Portable electronic device
means a handheld electronic device including, but not limited to, mobile telephone, personal digital assistant, MP3 or other music player, electronic reading device, laptop computer, pager, broadband personal communication device, global positioning or navigation system, electronic game device, or portable computing device.
Public street
means a publicly owned or dedicated road, street, drive, or other right-of way for the use of vehicles within the territorial limits of the city.
Traffic way
is any land way open to the public as a matter of right or custom for moving persons or property from one place to another. The traffic way includes all property, both improved and unimproved, between the property lines of a roadway system.
(b) 
E-bikes permitted and restricted. A person may operate an E-bike on a public street, parking area, and/or traffic way if the person obtains a permit and meets the following requirements:
(1) 
The operator has a valid driver license;
(2) 
The operator complies with all applicable federal, state, and local laws and ordinances;
(3) 
Permanent manufacturer's label that includes the class, top speed, and motor wattage of the E-bike;
(4) 
Class 3 E-bikes shall be equipped with a speedometer;
(5) 
The E-bike has the following equipment, which must continuously remain in good working and operational order:
(A) 
One (1) operable lamp on the front of the E-bike that emits a white light visible from a distance of at least 500 feet in the front;
(B) 
One (1) operable lamp on the rear of the E-bike that emits a red light visible from a distance of at least 500 feet to the rear;
(C) 
Operable front and rear braking system that is capable of making a braked wheel skid on dry, level, clean pavement;
(D) 
At least two (2) side reflectors, one (1) visible from the right, and one (1) visible from the left;
(E) 
No alterations or modifications made that would place the E-bike outside of specifications set forth in the Texas Transportation Code;
(F) 
A city-issued emblem affixed to the left-hand side of the frame.
(c) 
Additional operational regulations for all E-bikes.
(1) 
E-bikes shall not be operated on any sidewalk, pedestrian walkway, jogging path, park trail, park, or any location normally used for pedestrian traffic and not open to motor vehicles;
(2) 
All E-bikes are entitled to full use of a lane of traffic on public streets, parking areas, and traffic ways in the city, and no motor vehicle shall be driven in a manner as to deprive an E-bike of the full use of the lane;
(3) 
The operator shall not overtake and pass a vehicle in the same lane occupied by the vehicle being overtaken;
(4) 
The operator shall not operate the E-bike between lanes of traffic or between adjacent lines or rows of vehicles;
(5) 
The number of riders on an E-bike shall be limited to the number of persons for whom factory seating is installed for and provided on the E-bike;
(6) 
E-bikes may not be used for the purpose of towing another individual on roller skates/blades, a skateboard, or any other bicycle.
(7) 
A person may not use a portable electronic device while operating an E-bike.
(8) 
Any person under the age of twenty-one (21) must wear a helmet.
(d) 
Permit required.
(1) 
No person shall operate, cause to be operated, or allow the operation of an E-bike on any authorized public street, parking area, or traffic way unless a valid permit has been issued by the city;
(2) 
Application for a permit authorizing the operation of an E-bike shall be made in person by the aspiring operator of said E-bike. The application shall be made by writing to the city's police department on the designated E-bike permitting form. An application shall include the following:
(A) 
The name, address, telephone number, and state driver license number of the aspiring E-bike operator;
(B) 
The street address where the E-bike will be kept, including the particular suite or apartment number, if applicable;
(C) 
The year, make, model, color, and serial number or identification number of the E-bike;
(D) 
The person(s), designated by the chief of police, who inspected the E-bike, including certification on the application by said inspector that the E-bike complies with the requirements of this section before the issuance of a permit;
(3) 
Application for a permit and E-bike inspection can be completed at the city's police department on any normal business day from the hours of 8:00 a.m. to 4:30 p.m., by the chief of police, or his designee;
(4) 
The permit/emblem shall be permanently affixed on the left side of the E-bike frame, by the inspector, in such a manner that is clearly visible. The permit/emblem must not be damaged, altered, obstructed, or otherwise made illegible;
(5) 
The permit/emblem shall only be placed upon the E-bike for which it was issued;
(6) 
A permit issued to an E-bike shall become invalid if the E-bike is altered in a manner that fails to comply with any requirement of this section;
(7) 
Permits/emblems are valid until the ownership transfers;
(8) 
The permit holder shall notify the chief of police within ten (10) business days should the E-bike transfer ownership or the address of the normal storage location changes;
(9) 
Lost or stolen permits/emblems are the responsibility of the owner. A police report must be filed in the event of a lost or stolen permit/emblem. If no record of previous application for permit can be found, the police department may direct the reporting party to reapply before a replacement permit/emblem is issued;
(10) 
Any person who operates an E-bike and fails to comply with this section will be subject to all applicable state laws, in addition to being in violation of this section;
(11) 
A permit may be revoked at any time by the chief of police, or his designee, if there is any evidence that the permit holder cannot safely operate the E-bike on any authorized public street, parking area, and traffic way of the city in compliance with this section.
(e) 
Penalty.
Any person who violates any provision of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding two hundred dollars ($200.00).
(Ordinance 24-040 adopted 11/19/2024)