[3-6-2023 by Ord. No.
1348-2023]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A device that (1) weighs less than 100 pounds; (2) has two
or three wheels; (3) has a handlebar; (4) is equipped with a floorboard
that can be used to stand on while riding; (5) is powered by an electric
motor; and (6) has a maximum speed of 20 miles per hour with or without
human propulsion on a paved level surface. The term does not include
a motorcycle, an electric bicycle, an electric personal assisted mobility
device, a motor-driven cycle, or a motorized bicycle.
A person or company offering a shared scooter for hire.
A service in which a shared scooter is made available to
use for hire.
An electric motorized scooter offered for hire.
[3-6-2023 by Ord. No.
1348-2023]
Electric motorized scooters operated within the City, whether
privately owned or part of a scooter-share program, are subject to
the following regulations:
A.
Electric motorized scooters shall not be operated at a speed greater
than 15 miles per hour.
B.
Operation on sidewalks and crosswalks.
1.
Any individual operating an electric motorized scooter upon a sidewalk
shall yield the right-of-way to pedestrians and shall give an audible
signal before overtaking and passing a pedestrian.
2.
No person shall operate an electric motorized scooter upon a sidewalk
which abuts a building, when riding on the sidewalk would endanger
pedestrians, or where operation of an electric motorized scooter on
a sidewalk is prohibited by an official traffic control device.
3.
Any individual operating an electric motorized scooter within a pedestrian
crosswalk must yield the right-of-way to motor vehicle traffic and
pedestrians. To earn the protections of a pedestrian, an individual
must dismount, walk the electric motorized scooter, and obey applicable
traffic control devices.
C.
Operation on roadways.
1.
Any person operating an electric motorized scooter upon a roadway
at less than the normal and reasonable speed of traffic shall ride
in the right-hand lane of the roadway subject to the following provisions:
a.
If the right-hand lane is wide enough to be safely shared with overtaking
vehicles, a person operating an electric motorized scooter shall ride
far enough to the right as judged safe by a reasonable scooter user
to facilitate the movement of such overtaking vehicles unless other
conditions make it unsafe to do so.
b.
A person operating an electric motorized scooter may use a lane other
than the right-hand lane when:
i.
Passing another vehicle;
ii.
Preparing for a left turn;
iii.
Avoiding conditions, including, but not limited to, fixed or
moving objects, or surface hazards;
iv.
Lanes are too narrow for an electric motorized scooter and vehicle
to travel safety side by side;
v.
Approaching an intersection where there is a designated right
turn lane and the scooter user does not intend to turn right, the
scooter user may ride on the left-hand side of such designated lane;
vi.
Riding on a roadway designated for one-way traffic, when the
scooter user may ride as near to the left-hand curb or edge of such
roadway as judged safe by the scooter user; or vii. Riding on parts
of roadways designated for bicycles.
2.
A scooter user shall not be expected or required to:
D.
The operator of an electric motorized scooter emerging from an alley,
driveway or building shall, upon approaching a sidewalk or the sidewalk
area extending across the alleyway, yield the right-of-way to all
pedestrians approaching on such sidewalk area and, upon entering the
roadway, shall yield the right-of-way to all vehicles approaching
on such roadway.
E.
No person riding upon any electric motorized scooter shall attach
either the scooter or the rider to any vehicle upon a roadway.
F.
No person operating an electric motorized scooter shall carry any
package, bundle or article, which prevents the rider from keeping
at least one hand upon the handlebars.
[3-6-2023 by Ord. No.
1348-2023]
A.
Electric motorized scooters may not be parked in a manner that would
impede normal and reasonable pedestrian access on a sidewalk or in
any manner that would reduce the minimum clear width of a sidewalk
to less than 48 inches.
B.
Electric motorized scooters may not be parked in a manner that violates
the Americans with Disabilities Act.
C.
Electric motorized scooters may not be parked in a manner that would
impede vehicular traffic on a street or alley.
D.
Electric motorized scooters may not be parked in a manner that would
impose a threat to public safety or security.
E.
Electric motorized scooters may not be parked on a public street
without specific permission from the City.
F.
Electric motorized scooters may not be deployed on a block where
the sidewalk is less than 96 inches in width, or on a block that does
not have sidewalks. The City may determine other blocks or areas where
deploying electric motorized scooters are prohibited.
G.
Electric motorized scooters must be deployed on a sidewalk or other
hard surface, at a bicycle rack, or at a city-owned location. Electric
motorized scooters may only be deployed on private property with the
permission of the property owner.
H.
Electric motorized scooters must stand upright while parked.
I.
Electric motorized scooters may not be parked within five feet of
a crosswalk or curb ramp, unless given specific permission by the
City.
J.
Electric motorized scooters may not be parked in a way that blocks:
1.
Transit stops, shelters, or platforms.
2.
Commercial loading zones.
3.
Railroad or light rail tracks or crossings.
4.
Passenger loading zones or valet parking service areas.
5.
Disabled parking zones.
6.
Street furniture that requires pedestrian access (for example, benches
or parking pay stations).
7.
Building entryways.
8.
Vehicular driveways.
K.
Electric motorized scooters parked along multi-use trails may only
be parked at trailheads or other areas identified by the City.
L.
Electric motorized scooters that are parked in an incorrect manner
must be re-parked or removed by the operator within two hours of receiving
notice from the City on weekdays between 6:00 a.m. and 6:00 p.m. (excluding
holidays) and within 12 hours of receiving notice from the City at
all other times.
M.
Electric motorized scooters that are parked in a residential area
may remain in the same location for up to 48 hours as long as it is
parked in accordance with this section. An operator shall relocate
or rebalance electric scooters parked in a residential area after
receiving a citizen request or complaint in accordance with the timeframes
specified in this chapter.
[3-6-2023 by Ord. No.
1348-2023]
Electric motorized scooters shall be equipped with a brake and,
for those units that operate at night, a front light that emits white
light as well as a red light and reflector at the rear of the unit.
All electric motorized scooters shall have front and back lights that
are always on and are visible from a distance of at least 500 feet
under normal atmospheric conditions at night. Front and rear lights
must stay on at least 90 seconds after the unit has stopped.
[3-6-2023 by Ord. No.
1348-2023]
A person commits an offense if, within the city, he or she operates,
or causes or permits the operation of, a scooter-share program without
a valid operating authority permit issued under this chapter. Issuance
of a permit does not authorize the operation of a shared scooter on
private property without the approval of the property owner. PROVIDED,
the total number of initial permits issued by the City for shared
scooters shall not authorize more than 500 total electric motorized
scooters.
[3-6-2023 by Ord. No.
1348-2023]
A.
To obtain an operating authority permit, a person shall make application
in the manner and on the form prescribed by the City to the Parks
Director. The applicant must be the person who will own, control,
or operate the proposed shared scooter program.
B.
An application shall be accompanied by the non-refundable application
fee and shall contain at least the following information:
1.
The form of business of the applicant and, if the business is a corporation
or association, a copy of the documents establishing the business
and the name and address of each person with a 20% or greater ownership
interest in the business;
2.
The signature of the applicant;
3.
The address of the fixed facilities to be used in the operation,
if any, and the address of the applicant's corporate headquarters,
if different from the address of the fixed facilities;
4.
The name of the person designated by the applicant to receive on
behalf of the applicant any future notices sent by the city to the
operator, and that person's contact information, including a
mailing address, telephone number, and email address;
5.
Documentary evidence from an insurance company indicating that such
insurance company has bound itself to provide the applicant with the
liability insurance required by this chapter;
6.
Documentary evidence of payment of ad valorem taxes on property within
the city, if any, to be used in connection with the operation of the
proposed shared scooter program;
7.
The number and types of shared scooters to be operated;
8.
An agreement to indemnify the City; and
9.
A service agreement committing the applicant to service and maintain
their fleet, which such agreement shall be subject to approval by
the City Council prior to a permit being issued.
C.
An operating authority permit may be renewed following the process
in this section.
D.
An applicant for an operating authority permit hereunder shall pay
a fee as required in the fee schedule.
E.
Changes.
1.
Any changes to the information provided in the operating authority
permit application must be reported to the City, in the manner prescribed
by the City, within 10 days of the change.
2.
If the information reported to the City under this section includes
an increase in the number of shared scooters, any additional vehicle
fees due shall be submitted to the City simultaneously with the change
in information.
F.
An operating authority permit expires one year from the date it is
issued.
G.
Number of scooters deployed.
1.
An operator's initial fleet must be a minimum of 50 shared scooters
and shall not exceed 250 shared scooters. Operators may request an
increase to their initial fleet of up to 250 additional shared scooters
as part of any permit renewal. A request for an increase in fleet
size shall include a rationale and analysis to justify the additional
fleet size.
2.
The total number of deployed scooters in an operator's fleet
must maintain a minimum average of two trips per scooter per day,
determined by monthly usage. Should this demand not be met, the City
may require a portion of the scooters to be relocated or removed.
3.
The City may establish zones to limit or require the deployment of
scooters in certain areas to ensure that scooters are accessible to
the public across the City.
[3-6-2023 by Ord. No.
1348-2023]
A.
The Parks Director shall refuse to issue or renew an operating authority
permit if the applicant:
1.
Intentionally or knowingly makes a false statement as to a material
matter in an application for a permit or permit renewal;
2.
Has been convicted twice within twelve-month period for a violation
of this article regarding the deployment of a shared scooter or the
rebalancing or removal of a dock-less vehicle, or a rule or regulation
adopted under this article regarding the deployment of a shared scooter
or the rebalancing or removal of a shared scooter, or has had an operating
authority permit revoked within two years of the date of application;
or
3.
Has deployed unpermitted electric scooters within the City in violation
of this chapter.
B.
If the Parks Director determines that a permit should be denied,
the Parks Director shall notify the applicant or operator in writing
that the application is denied and include in the notice the specific
reason or reasons for denial and a statement informing the applicant
or operator of the right to, and the process for, appeal of the decision.
[3-6-2023 by Ord. No.
1348-2023]
A.
The Parks Director may suspend an operating authority permit if the
Parks Director determines that the operator failed to comply with
a request to remove a shared scooter, a request to rebalance shared
scooters issued by the City within the time specified in the order,
or for failure to comply with any other requirement in this chapter.
Suspension of an operating authority permit does not affect the expiration
date of the permit.
B.
The Parks Director may revoke an operating authority permit if the
Parks Director determines that the operator has:
1.
Made a false statement as to a material matter in the application
concerning the operating authority permit;
2.
Failed to maintain the insurance required by this chapter;
3.
Operated shared scooters that were not authorized by the operating
authority permit;
4.
Failed to pay a fee required by this article; or
5.
Failed to comply with the provisions of this chapter.
C.
After revocation of an operating authority permit, an operator is
not eligible for another permit for a period of up to two years, depending
on the severity of the violation resulting in the revocation.
[3-6-2023 by Ord. No.
1348-2023]
Any person whose application for an operating authority permit,
or renewal of an operating authority permit, is denied by the City,
or an operator whose operating authority permit has been revoked or
suspended by the City, may appeal the decision to the City Council
by filing a written notice in the City Clerk's office within
10 business days of the decision.
[3-6-2023 by Ord. No.
1348-2023]
Scooter-share operators shall comply with the following requirements
for scooter-share programs:
A.
Operators shall provide a method for users to utilize shared-scooter
programs without a smartphone.
B.
Operators shall not permit any person under the age of 16 to operate
a shared scooter.
C.
Rates for shared scooters shall be clearly and understandably communicated
to customers prior to use.
D.
Shared scooters programs shall ensure that its application and website
educates users about how to comply with the general operation, parking,
and safety regulations set forth in this chapter.
E.
Shared scooters shall be equipped with an on-board GPS unit or equivalent
that can report the location of a unit at any time for the purposes
of use, recovery, repair, data collections, and incident investigation.
F.
Shared scooters shall be high quality, sturdily built to withstand
the rigors of outdoor storage and constant use.
G.
Shared scooters shall employ tamper-resistant security hardware.
H.
Shared scooters used in systems issued a license must employ an electric
motor of less than 750 watts (1 h.p.).
I.
Operators must have the ability to implement no-ride zones, the ability
to slow scooters, and the ability to prevent parking in areas identified
by the City. Operators must also have the ability to require shared
scooters to be parked in certain areas designated by the City.
J.
Shared scooters shall meet the most up-to-date equivalent safety
standards required by state and federal law.
K.
For all shared scooters used the maximum motor-assist speed for licensed
units shall be 15 miles per hour, when ridden in the street environment.
L.
Shared scooters shall be able to securely stand upright when parked.
M.
Shared scooters shall be inspected when removed from routine service,
to ensure that all of its components are present and functioning properly.
N.
Operators must be capable of quickly identifying and addressing safety
and maintenance issues with shared scooters, including a mechanism
for customers to notify the company that there is a safety or maintenance
concern with the scooter.
O.
Operators must be capable of remotely disabling the use of a unit
if it is reported or found to have a safety, maintenance, or other
hazardous condition. Scooters that are reported as unsafe or non-functional
shall be immediately deactivated for rental and removed from operations
until repaired.
P.
Operators shall remove any unit that is not safe to operate within
four hours of receipt of notice and shall not be redeployed until
repaired.
Q.
Operators shall respond to complaints and obstructions within the
following time frames:
1.
Sidewalk obstructions - 60 minutes.
2.
Travel and bicycle lanes - 60 minutes.
3.
Transit stop obstructions - 60 minutes.
4.
Environmentally sensitive area - 60 minutes.
5.
Private property - Two hours.
6.
Other obstructions and nuisances - Two hours.
7.
Unauthorized portions of parks and trails - Two hours.
8.
Other unauthorized areas - Two hours.
R.
Operators shall have a program in place to ensure proper recycling
and disposal of batteries under waste battery disposal standards required
by state and federal law.
[3-6-2023 by Ord. No.
1348-2023]
Scooter-share operators shall ensure that each shared scooter:
A.
Clearly displays the emblem of the operator;
B.
Clearly displays the operator's customer support information
including customer service phone number, website, and application;
and
C.
Bears a unique alphanumeric identification number that is visible
from a distance of five feet and is not covered by a branding or other
marking.
[3-6-2023 by Ord. No.
1348-2023]
A.
A scooter-share operator shall carry the following insurance coverage
dedicated exclusively for operation of a shared scooter and shall
provide a valid certificate insurance each year the operator's
permit is renewed:
1.
Commercial general liability insurance coverage with a limit of no
less than $1,000,000 for each occurrence and $5,000,000 aggregate;
2.
Umbrella or excess liability coverage with a limit of no less than
$5,000,000 for each occurrence and $5,000,000 aggregate; and
3.
Workers' compensation coverage as required by law.
B.
A valid certificate of insurance evidencing the coverage required
by this section shall be submitted prior to the issuance of an initial
operating authority permit.
C.
Scooter-share operators may not be self-insured.
D.
Insurance required by this section shall include a cancellation provision
in which the insurance company is required to notify the City in writing
not fewer than 10 days before cancelling the insurance policy for
any reason or before making a reduction in coverage.
[3-6-2023 by Ord. No.
1348-2023]
B.
Such data shall include:
1.
Total number of daily, weekly, and monthly riders;
2.
Total number of vehicles in service for the reporting period;
3.
Aggregated monthly summary data in the form of heat maps showing
routes, trends, origins, and destinations;
4.
Total number of miles traveled daily, weekly, and monthly by users;
5.
Average time each shared scooter spends available (not in use);
6.
A report or chart showing the times and days when more than 75% of
a fleet is in use at one time;
7.
Duration of ride per day of the week;
8.
Summary of fleet numbers lost to theft or vandalism;
9.
Summary of customer comments, complaints, and requests for service;
resolutions to comments, complaints, and requests for service; and
the time it took to resolve any complaint or request for service;
10.
Monthly summary of repairs per shared scooter; and
11.
Any other report requested by the City.
C.
Such data shall be provided to the City at least monthly.
