[Adopted 6-21-2022 by Ord. No. 1653]
A.
Whereas, companies have created new business offering bicycles and
scooters ("dockless mobility devices") for public use via the placement
of sharable dockless mobility devices throughout the City of Gardner
("City") without being locked to a bike rack or other infrastructure;
and
B.
Whereas, the City's bicycle and toy vehicle ordinances do not
regulate sharable dockless mobility devices; and
C.
Whereas, the City has evaluated other sharable dockless mobility
device ordinances from Boston, Seattle, Atlanta, Brookline, and other
cities to understand the regulatory schemes they have implemented
to regulate these new devices; and
D.
Whereas, the City has been selected as one of three pilot cities
for the use of sharable dockless mobility devices in the commonwealth;
and
E.
Whereas, the City has a substantial interest in regulating how private
operators of sharable dockless mobility devices operate on the public
rights-of-way to promote public safety and to ensure the public right-of-way
remains obstruction-free; and
F.
Whereas, accordingly, the City of Gardner desires to amend Chapter 330, entitled "Bicycles and Play Vehicles," by adding an additional Article III to be entitled "sharable dockless mobility devices," to establish regulations related to sharable mobility devices, which shall include a requirement that dockless mobility device system operators secure a permit issued by the City for the operation of dockless mobility device systems in the City of Gardner; and
G.
Whereas, it is the desire of the City to establish an annual licensing process and fee to be paid by dockless mobility device system operators which shall permit the operation of up to 100 dockless mobility devices within the City's limits, along with an additional per-device fee for each device operated under a dockless mobility device permit over the initial 100 devices to offset any costs to the City related to the implementation and enforcement of the regulations contained in Chapter 330, Article III, of the Code of the City of Gardner;
H.
Therefore, the following provisions are to be included in the Code
of the City of Gardner to meet such requirements.
When used in this article, unless the context otherwise requires,
the following terms shall have the following meanings:
The Chief of the Gardner Police Department or their designee.
A private entity that owns and operates a City-permitted
sharable dockless mobility device system.
An electric/motorized device that permits an individual to
move or be moved freely which shall include but not be limited to
e-scooters, stand-up electric scooters, and any device with no more
than two ten-inch or smaller diameter wheels that has handlebars,
front and rear lights, brake lights, is designed to be stood upon,
and is powered by an electric motor that is capable of propelling
the device with or without human propulsion at a speed no more than
15 miles per hour on a paved level surface, and shall exclude bicycles/e-bicycles
and any motor vehicle required to be registered with the Commonwealth
in accordance with the General Laws, or the operation of which is
otherwise governed by state law.
Do not include publicly maintained or publicly owned dockless
mobility device sharing systems.
A license required to operate a sharable dockless mobility
device system within the City.
A fleet of sharable dockless mobility devices operated by private
entities that provides the general public with sharable dockless mobility
devices.
"Sharable dockless mobility device system" shall not include
"transportation network companies" as defined by Chapter 159A 1/2
of the General Laws.
A.
No person or entity shall operate a dockless mobility device system
except pursuant to a license issued by the Chief. A license to operate
such a business may be issued upon:
(1)
Completion of such application as required by the Chief setting forth
the required information to determine qualification under any standards
and requirements as may be established; and
(2)
Determination by the Chief that the applicant's proposal meets
such standards and requirements, which may take into account the applicant's
past conduct in the City or other locations around the Commonwealth
prior to the passage of this article, and that the issuance of such
license complies with applicable law and contractual arrangements.
B.
Sharable dockless mobility device system operators shall ensure that
their dockless mobility devices comply with all applicable federal
and state laws and regulations.
C.
All sharable dockless mobility devices shall have permanently affixed
contact information and unique company-specific device identifiers
on all devices for relocation requests.
D.
Operators must monitor and document relocation requests and responses
24/7, including providing a 24/7 toll-free phone number and/or email
address on each dockless mobility device for members of the public
to make relocation requests, report complaints, safety concerns, questions,
or any other issues with devices.
E.
Operators shall provide education to dockless mobility device riders
on the Commonwealth of Massachusetts and City's existing rules
and regulations including, but not limited to, obeying all traffic
laws, being subject to arrest for OUI, leaving the scene of a personal
injury accident, failure to stop for the police, etc., as well as
safe and courteous riding, and proper parking via technological means.
Such education to dockless mobility device riders shall also include:
(1)
Operators shall provide notice to all users that dockless mobility
devices are to be ridden on streets, and, where available, in bike
lanes and bike paths, and 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. Users of dockless mobility devices shall be 16 years old or
older.
(2)
Dockless mobility devices shall be parked upright on sidewalks or
on the street next to an unmarked curb. To the extent operators desire
to park dockless mobility devices in areas other than the public right-of-way
(e.g., parks, plazas, parking lots, private property, or transit stations),
operators must first obtain the right to do so from the appropriate
City department, property owner, or public agency and shall communicate
this right to users through signage approved by the respective entity
and/or through a mobile or web application.
A.
Licensing. In the City, sharable dockless mobility device systems
shall be subject to annual licensure by the Chief and the minimum
requirements provided in this chapter. The minimum requirements shall
be as follows:
(1)
Dockless mobility devices for rent by dockless mobility device systems
shall not obstruct crosswalks, curb ramps, fire hydrants, building
ingress or egress, public utilities, or as otherwise directed within
the City's traffic rules and regulations as issued by the City's
Traffic Commission.
(2)
Sharable dockless mobility device system applicants shall submit
a safety plan, which outlines their plan to inspect, maintain, and
replace, when appropriate, their dockless mobility devices and how
they plan to meet applicable federal and state laws.
(a)
The safety plan shall also include a proposal to educate the
public on proper and safe usage of their dockless mobility devices.
(b)
The safety plan shall also include a proposal and commitment
to ensure safe parking of such dockless mobility devices.
(c)
The safety plan must be presented and approved by the Chief.
(3)
Sharable dockless mobility device system applicants shall submit
their proposed area(s) of service. Such proposed area(s) shall be
subject to approval and revision by the Chief.
(4)
Sharable dockless mobility device systems shall have the ability
to remove their dockless mobility devices in advance of a snow emergency
or other extreme weather, in advance of major events, or as otherwise
directed by the Gardner Police Department or Department of Public
Works.
(5)
Sharable dockless mobility device systems shall have the ability
to remotely lock down individual dockless mobility devices when they
are deemed or reported to be unsafe, in advance of a snow emergency
or other extreme weather, in advance of major events, when located
outside approved service areas, or as otherwise directed by the Gardner
Police Department or Department of Public Works.
(6)
The maximum speed of dockless mobility devices made available by
a sharable dockless mobility device system shall not exceed 15 miles
per hour ("MPH").
(7)
Dockless mobility devices for rent by sharable dockless mobility device systems shall clearly display a unique, permanent identification number that is provided to the City as required by § 330-1 of the Code of the City of Gardner.
(8)
Sharable dockless mobility device systems and sharable dockless mobility
device system operators shall indemnify, defend and hold harmless
the City of Gardner, as well as its employees, agents, and affiliates,
from and against all actions, damages or claims brought against the
City arising out of sharable dockless mobility device systems and
sharable dockless mobility system operators' negligence or willful
misconduct with regard to the use of dockless mobility devices. Sharable
dockless mobility device systems shall also be required to hold insurance.
(9)
Sharable dockless mobility device systems shall be required to meet
with community and business groups, as directed by the Chief in consultation
with the Mayor's office, ahead of launching service.
B.
Application fee. The application fee for a license or an annual renewal
of a license for the operation of a dockless mobility devices sharing
business shall be $1,000 for 100 devices and an additional $50 per
dockless mobility device in the operator's system for every device
over the initial 100 allowed by this article.
C.
License requirements.
(1)
Any operator applying for a dockless license shall submit a license
application to the Gardner Police Department. The application shall
be sworn to by the applicant or agent thereof and must include the
following:
(a)
Completed dockless permit application form.
(b)
City business license obtained from the City Clerk's office.
(c)
City certificate of good standing as required by Chapter 464 of the Code of the City of Gardner.
(d)
Insurance documentation and acknowledgement that the City is
indemnified and held harmless for all liability related to the operation
of the sharable dockless mobility device system.
(e)
Images and description of the applicant's dockless mobility
device, including technical specifications, any signage or instructions
permanently affixed to the device, mobile application, and documentation
that the devices meet safety standards as set forth in this article.
(f)
Address and contact information of the general manager for the
sharable dockless mobility device system.
(g)
Plan for educating users on proper parking, operations, and
other applicable laws.
(h)
Plan for encouraging helmet usage.
(i)
Plan for sustainability measures when disposing of a broken
dockless mobility device.
(j)
Application fee of $1,000.
(2)
The dockless license shall be valid for a period of 12 months, beginning
on January 1 and expiring on December 31 of each calendar year. All
permit holders shall be required to renew their permits annually with
all of the documentation prescribed in this section by December 1
of each calendar year.
(3)
Any expansion of a sharable dockless mobility device system not originally
permitted in the most current dockless license on file may be authorized
through the filing of an application to amend the permit to add devices
along with the applicable fees.
(4)
Upon administrative declaration by the Chief, a permit holder may
apply for a temporary expansion of their fleet in accordance with
a temporary fleet maximum.
A.
Based upon the interest of safety, no person or entity shall store
or make available for rent dockless mobility devices associated with
their sharable dockless mobility device system on the public property
in the City of Gardner, except as specifically authorized by this
chapter.
B.
Public property includes but is not limited to all public ways, sidewalks,
parks, plazas, bicycle paths and shared use paths owned by and/or
under the care, custody and control of the City of Gardner.
A.
Limits on dockless mobility devices. The Chief may by regulation
limit the total number of types of dockless mobility devices available
for rent by dockless mobility devices sharing businesses based upon
issues such as safety, accessibility of the public way, geographic
availability, and usage rates. The Gardner Police Department shall
evaluate this limit from time to time to determine whether the limit
should be adjusted.
B.
Limits on licenses. The Chief may from time to time set a limit on
the number of total licenses that may be issued or renewed per year.
The Chief's authority to limit the total number of licenses shall
also include the ability to issue licenses for a defined period of
time as "pilot licenses," in order to assess the impact of dockless
mobility devices sharing businesses and inform the promulgation of
regulations.
C.
Transfers. No person holding a dockless mobility devices sharing business license shall sell, lend, lease or in any manner transfer such license for value. However, a license holder may transfer the license as part of the sale of a majority of the stock in a corporation holding such license, as part of the sale of a majority of the membership interests of a limited liability company holding such license, or as part of the sale of a business or substantially all of its assets; provided that, prior to any such transfer, the transferor shall notify the Gardner Police Department in writing and the transferee shall submit an application for approval pursuant to § 330-10 of this chapter.
D.
Regulatory authorities. The Chief may, by regulation, establish any
standards and requirements for safe and responsible operation of dockless
mobility devices sharing businesses deemed necessary for reasonable
management of the public right-of-way. Such regulations may include,
but are not limited to:
(1)
Standards for safety of equipment, responsible operation and aesthetics;
(2)
Requirements to remove or promptly repair any vehicle determined
by the City to present an impermissible risk to health or safety;
(3)
Standards designed to promote compliance with parking and storage
requirements, including the establishment of penalties and fines in
connection with dockless mobility devices and dockless mobility devices
sharing businesses;
(4)
Requirements to notify customers of legal or other requirements applicable
to use of vehicles under the program;
(5)
Standards regarding the area of service;
(6)
Requirements to label vehicles with identifying information;
(7)
Requirements regarding insurance, security and indemnification of
the City;
(8)
Requirements regarding the regular provision of data to the City
regarding vehicles used by the business, such as usage rates and vehicle
condition;
(9)
Requirements regarding the total number of shared vehicles in the
City, or in any area of the City;
(10)
Standards for the suspension and revocation of a license;
(11)
Rules and procedures concerning renewal of a license; and
(12)
Such other standards or requirements as may be necessary for
safe and reasonable management of the public right-of-way, and compliance
with the licensing provisions of this article.
E.
Revocation; suspension; modification. Once a license has been issued
it may be revoked, suspended, modified, or not renewed by the Gardner
Police Department for failure to comply with the provisions of this
section or any rules and regulations promulgated.
F.
Enforcement. The provisions of this section or any rules and regulations
promulgated thereof may be enforced by the Gardner Police Department.
A.
The Chief shall have the authority to impound and/or contract with
a third-party towing service to impound dockless mobility devices
of unlicensed dockless mobility devices sharing businesses and impose
fees related to the City's efforts to collect, store, and track
such dockless mobility devices.
B.
The Chief shall also have the authority to impound dockless mobility
devices of licensed dockless mobility devices sharing businesses that
are stored or parked on the public right-of-way in a manner that is
inconsistent with this chapter or the City of Gardner traffic rules
and regulations and impose fees accordingly.
A.
No person under the age of 16 may operate a dockless mobility device
in the City.
B.
Dockless mobility devices shall be allowed to operate daily between
of hours of 6:00 a.m. and 9:00 p.m. and must be removed from the public
way and public property between the hours of 10:00 p.m. and 5:00 a.m.
C.
In the event a dockless mobility device is not relocated, reparked,
or removed within the timeframe specified herein, or any dockless
mobility device is parked in one location for more than 48 hours without
moving, such dockless mobility device may be removed by City crews
and taken to a City facility for storage at the expense of the company.
D.
Dockless mobility devices are to be ridden on streets, and, where
available, in bike lanes, bike paths and multi-use paths. Dockless
mobility devices are to stay to the right of street lanes and to offer
the right-of-way to bicycles and other mobility devices in bike lanes,
bike paths, and multi-use paths.
E.
No person operating a dockless mobility device shall operate so as
to damage or interfere with the use and enjoyment of any park or playground
within the City or with any equipment, playing fields or courts, gardens
and shrubbery found therein.
F.
Operation within a cemetery shall be strictly prohibited.
G.
Sharable dockless mobility devices and dockless mobility devices
may be operated within the City's parks only on paved walking
paths. Operations shall not be allowed on any grass areas of City
parks.
H.
Sharable dockless mobility devices and dockless mobility devices
may not be operated on sidewalks or any space exclusively for pedestrian
use.
I.
Sharable dockless mobility devices and dockless mobility devices
may operate in vehicle travel lanes, in bike lanes, and along shared
use paths throughout the City.
J.
Sharable dockless mobility devices and dockless mobility devices
shall be operated in a manner consistent with all applicable state
and local laws.
K.
Operators must educate users on proper sharable dockless mobility
devices operations.
L.
Sharable dockless mobility device and dockless mobility device riders
must yield to pedestrians in all cases, including along shared use
paths.
M.
Operators shall provide sufficient local operations and maintenance
staff to address issues and remove improperly parked bikes or scooters.
In the event of a safety or maintenance issue that is reported for
a specific dockless mobility device, said device shall be made unavailable
to all users and shall be removed by operators at their sole expense
and cost. Any inoperable or unsafe device shall be repaired by operators
prior to being placed back into service or use.
N.
Operators shall work with the Gardner Police Department to enforce
this article with the most advanced and appropriate available technology.
O.
Operators shall work with the Gardner Police Department to enforce
temporary or permanent no-ride zones authorized by the City with the
most appropriate available technology.
P.
Parking.
(1)
The City reserves the right to identify parking areas and no-parking
areas through administrative regulations issued by the Gardner Police
Department. All parking areas and no-parking areas will be communicated
directly to operators.
(2)
Operators must communicate proper sharable dockless mobility devices
parking requirements to all users.
(3)
Sharable dockless mobility devices shall be parked upright at all
times.
(4)
No person shall park a sharable dockless mobility device or a dockless
mobility device other than upon the sidewalk in a bike rack or against
a building or at a curb, in such manner as to afford the least obstruction
of pedestrian traffic and provides a minimum of five feet clear for
pedestrians.
(5)
Sharable dockless mobility devices and dockless mobility devices
shall not be parked:
(a)
On vegetation.
(b)
On any grate, manhole cover, or access lid.
(c)
In any loading zone, driveway, vehicle travel lane, bike lane,
or shared-use path.
(d)
Where they obstruct vehicle parking.
(e)
Where they obstruct pedestrian or wheelchair access to private
or public buildings and establishments.
(f)
Street features that require pedestrian access, including but
not limited to benches, parklets, parking pay stations, and crosswalk
buttons.
(g)
Accessibility and safety features, including curb ramps, wheelchair
ramps, ramp landings, handrails, areas of refuge, and detectable warning
strips.
(h)
A bus stop clear zone of 40 feet long by eight feet wide for
transit stops.
(i)
At or within five feet of a bikeshare station.
(j)
Where it obscures any fixed, regulatory, or informational signs
or traffic control devices.
(k)
Where it obstructs emergency service infrastructure, including
but not limited to fire hydrants, standpipes, or automated external
defibrillators.
(l)
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.
(6)
Operators will remove improperly parked sharable dockless mobility
devices in accordance with local laws and without prior notice from
the City.
(7)
Upon evidence that an operator's sharable mobility devices are
found to be consistently parked improperly, the City reserves the
right to reduce the number of shared devices allowed under their permit
or revoke it all together.
(8)
The City reserves the right to cite, impound and store, and dispose
of improperly parked devices at the operators' expense.
A.
Sharable dockless mobility devices shall not be operated by more
than one person at a time.
B.
While operating a sharable dockless mobility device or dockless mobility
device, no individual shall physically hold or utilize a wireless
telecommunications device, including cell phones, including but not
limited to talking, texting, emailing, or otherwise using said telecommunications
device.
A.
Whoever violates any of the provisions of this article shall be issued
a citation by the Gardner Police Department and will be subject to
a fine of $5 for each violation.
B.
Any person with three or more violations, defined as a habitual offender,
shall upon any subsequent violations be subject to a fine of $25 and
may be prohibited from such further use of a dockless mobility device.
C.
A police officer taking cognizance of any such violation may request
the offender to state his/her true name and address. Whoever upon
such request refuses to state his/her name and address or states a
false name and address or a name and address which are not his/her
name and address in ordinary use shall be punished by a fine of not
less than $25 nor more than $50. Any such offender so refusing to
state his/her name and address may be arrested without a warrant,
but no person shall be arrested without a warrant for any other violation
of this article.
If any provision of this section is held to be invalid by a
court of competent jurisdiction, then such provision shall be considered
separately and apart from the remaining provisions, which shall remain
in full force and effect.
