Consistent with the City's goals of enhancing mobility and access,
easing traffic congestion, and promoting sustainability, this Chapter
creates a limited term pilot program to facilitate the use of shared
mobility devices while ensuring the protection of public health and
safety, including the safety of the public traveling by foot, bicycle,
or vehicle on public sidewalks, streets, and other public rights-of-way.
(Added by Ord. No. 2578CCS §
1, adopted 6/26/18)
shall mean leaving an item unattended for any length of time.
shall mean the Director of Planning and Community Development
or designee.
shall mean any person or businesses entity selected by the
City to participate in the Shared Mobility Device Pilot Program pursuant
to this Chapter.
shall mean any outdoor area that is open to the public for
public use, whether owned or operated by the City or a private party.
shall mean any public alley, parkway, public transportation
path, roadway, sidewalk, or street that is owned, granted by easement,
operated, or controlled by the City.
shall mean any transportation device by which a person can be propelled, moved or drawn, that is displayed, offered or placed for rent in any public area or public right-of-way, except that a "shared mobility device" does not include any device being vended or made available for rent exclusively from a vehicle pursuant to a valid City vending permit; a car share vehicle, as defined by Chapter 3.06 of this Code; a device authorized by the City bike share system pursuant to Chapter 3.20 of this Code; a taxicab as regulated in Chapter 6.49 of this Code, a device operated by the Los Angeles County Metropolitan Transportation Authority; or any other device excluded pursuant to administrative regulations.
(Added by Ord. No. 2578CCS §
1, adopted 6/26/18)
(a)
The
Director may adopt administrative regulations to implement the provisions
of this Chapter, including, but not limited to, permit application
procedures and permit standards, which may include regulations relating
to lawful conduct, public safety, data sharing, data privacy, and/or
the timely removal of hazards.
(b)
No
person shall fail to comply with the City's administrative regulations.
Any violation of any administrative regulation issued pursuant to
this Section shall constitute a violation of this Code and shall subject
the violator to the penalties set forth in this Chapter.
(Added by Ord. No. 2578CCS §
1, adopted 6/26/18)
Notwithstanding any other provision of this Code, no person
may:
(a)
Display, offer or make available for rent any shared mobility device within the City, unless the person has first obtained: (1) a valid shared mobility operator permit; and (2) a business license issued in accordance with Chapter 6.04 of this Code;
(b)
Abandon
a shared mobility device not authorized by this Chapter in the public
right-of-way or a public area in such a way that the device is available
for rent; and
(c)
Abandon
a shared mobility device in the public right-of-way or a public area
in a manner that: (1) obstructs travel upon or blocks access to a
public right-of-way; (2) poses an immediate public safety hazard;
or (3) is otherwise prohibited by applicable laws or administrative
regulations.
(Added by Ord. No. 2578CCS §
1, adopted 6/26/18)
(a)
The
Director may issue up to four shared mobility operator permits authorizing
the deployment of a shared mobility device within the City. Two shared
mobility operator permits shall be issued to operators that propose
to deploy electric scooters as shared mobility devices and two shared
mobility operator permits shall be issued to operators that propose
to deploy electric bikes as shared mobility devices. No shared mobility
operator permits shall be issued to any operator that proposes to
deploy a shared mobility device that is exclusively powered by the
human body or powered by combustion engine.
(b)
The Director may establish the number of shared mobility devices authorized under each shared mobility operator permit. No more than on a weekly basis or within fourteen days following any City Council action adjusting the number of permitted operators or devices pursuant to Subsection (d), the Director may adjust the maximum number of devices authorized by each shared mobility operator permit. The Director shall take into consideration market needs, the number of devices deployed in the City, device utilization, and any other criteria set forth in administrative regulations. The Director shall first publish his or her tentative adjustment decision under this Section, along with reasons supporting the decision, and solicit comments prior to making a final determination. The Director's determinations under this Section shall constitute the final decision of the City and are not subject to further administrative review. No person shall fail to comply with the Director's established device limitation.
(c)
No
operator may be granted authorization for less than two hundred fifty
shared mobility devices.
(d)
At
any time, in the City Council's discretion, the City Council may reassess
the number of shared mobility operator permits authorized for issuance.
The City Council, in its discretion, may determine by resolution that
the number of shared mobility operator permits or the number of total
authorized devices should be reduced or increased.
(Added by Ord. No. 2578CCS §
1, adopted 6/26/18)
(a)
Any
person seeking to obtain a shared mobility operator permit shall submit
a written application, signed under penalty of perjury, using the
form designated by the Director for that purpose.
(c)
The
Director may specify the information that must be provided in connection
with an application and the form in which the information is to be
provided. The application shall contain, at a minimum, the following
information:
(1)
The name and business address of each person or entity that: (i)
has more than a ten percent equity, participation, or revenue interest
in the applicant; or (ii) is a trustee, director, partner, or officer
of that entity or of another entity that owns or controls the applicant,
excepting persons serving in those capacities as volunteers, without
compensation, for organizations exempt from income taxes under Section
501(c)(3), (4), or (6) of the Internal Revenue Code;
(2)
The name and business address of any parent or subsidiary of the
applicant, namely, any other business entity owning or controlling
the applicant in whole or in part, or owned or controlled in whole
or in part by the applicant, and a statement describing the nature
of any such parent or subsidiary business entity;
(3)
Information sufficient to show that the applicant is financially,
technically, and legally qualified to operate and maintain a shared
mobility device system;
(4)
A description of the proposed plan of operation, including, at a
minimum, a detailed description of:
(i)
The applicant's current operations in the City and other jurisdictions,
including copies of the applicant's operating permits for all such
jurisdictions,
(ii)
The applicant's proposed operations in the City including the
maximum number of shared mobility devices anticipated during the duration
of the pilot program, the plan for balancing shared mobility devices
for Citywide coverage, the plan for shared mobility device maintenance,
levels of staff for operations and administration, and the plan for
customer service,
(iii)
The applicant's regulatory compliance program,
(iv)
The applicant's history of, intent to, and ability to comply
with, State and local law,
(v)
The applicant's plans to implement safety programs, including, for
example, a program by which the applicant will receive information
about and notify users of inappropriate use,
(vi)
The applicant's plans to educate users of shared mobility devices
about applicable California Vehicle Code provisions and other applicable
laws, regulations, and guidelines,
(vii)
The applicant's plans to comply with applicable Federal, State,
and local data privacy laws and otherwise to protect the privacy of
personal information provided by users, and
(viii)
Any other requirements set forth by administrative regulation.
(Added by Ord. No. 2578CCS §
1, adopted 6/26/18)
(a)
The
Shared Mobility Operator Selection Committee shall be established
by the Director. The Committee shall consist of City staff with appropriate
knowledge and experience, as further set forth in the administrative
regulations.
(b)
The
Committee shall review all applications and make written recommendations
to the Director based on a ranking of each qualified applicant in
accordance with objective criteria set forth by this Chapter and administrative
regulations.
(c)
Each
qualified applicant shall be evaluated based upon objective criteria
including: experience; proposed operations plan; financial wherewithal
and stability; adequacy of insurance; ability to begin operations
in a timely manner; public education strategies; relevant record of
the applicant's or officers', owners' or principals' violations of
Federal, State or local law, or rules and regulations; and any other
objective criteria established by administrative regulation.
(d)
Each
applicant shall be provided an opportunity to submit written comments
or objections to the Committee's recommendations.
(e)
The
Director shall set forth, in writing, the reasons supporting his or
her final determinations. The Director may request additional information
from City staff, any applicant, or any other source that would assist
in determining the final qualifications and rankings.
(f)
The
Director shall grant a shared mobility operator permit to the highest
four ranked applicants. Should two applicants receive the same score,
a lottery shall be used to establish the final rankings for any applicants
that achieved the same score.
(g)
The
Director's determinations under this Section shall constitute the
final decision of the City and shall not be subject to further administrative
review.
(h)
The
Director may impose, as part of any shared mobility operator permit
issued, any and all conditions that are necessary to effectuate the
purposes of this Chapter, mitigate traffic impacts, ensure accessibility
of the public right-of-way and availability of public space for shared
use by all, or protect the health, welfare, and safety of the public.
No person shall fail to comply with such permit conditions.
(Added by Ord. No. 2578CCS §
1, adopted 6/26/18)
To the fullest extent permitted by law, the City shall not assume
any liability whatsoever with respect to having issued a shared mobility
operator permit or otherwise approving the operation of any shared
mobility device. As a condition to the issuance of any shared mobility
operator permit, the applicant shall be required to meet all of the
following conditions:
(a)
The
applicant must execute an agreement, in a form approved by the City
Attorney, agreeing to indemnify, defend (at applicant's sole cost
and expense), and hold harmless the City, and its officers, officials,
employees, representatives, and agents from any and all claims, losses,
damages, injuries, liabilities or losses which arise out of, or which
are in any way related to, the City's issuance of or decision to approve
a shared mobility operator permit, the process used by the City in
making its decision, or the alleged violation of any Federal, State
or local laws by the applicant or any of its officers, managers, employees
or agents.
(b)
Maintain
insurance at coverage limits, and with conditions thereon determined
necessary and appropriate from time to time, as determined by the
Risk Manager and name the City of Santa Monica as additional insured.
The applicant's insurance policy shall be endorsed to state that coverage
shall not be cancelled except after thirty days' prior written notice
by certified mail has been given to the City. If any insurance policy
issued to a permittee is cancelled for any reason, the permit issued
under this Chapter is automatically suspended. In order to reinstate
the permit, the permittee shall provide a new certificate and policy
of insurance to the City.
(c)
Reimburse
the City for all costs and expenses, including, but not limited to,
attorney fees and costs, which it may be required to pay as a result
of any legal challenge related to the City's approval of or activities
conducted pursuant to the applicant's shared mobility operator permit.
The City may, at its sole discretion, participate at its own expense
in the defense of any such action, but such participation shall not
relieve any of the obligations imposed hereunder.
(Added by Ord. No. 2578CCS §
1, adopted 6/26/18)
A shared mobility operator permit may be revoked, suspended,
or denied by the Director based upon any of the following grounds:
(a)
An
applicant or operator, including its employees, managers, officers,
principals, directors, owners, contractors, representatives, or agents:
(1)
Making one or more false or misleading statements, or material omissions
on the permit application, during the application process, or during
the pilot program;
(2)
Failing to provide information requested or required by the City;
(3)
Operating or proposing to operate in a manner that endangers public
health or safety; or
(4)
Failing to comply with any requirement imposed by the provisions
of this Code (or successor provision or provisions) including any
rule, regulation, condition or standard adopted pursuant to this Chapter,
or any term or condition imposed on the shared mobility operator permit,
or any provision of State law.
(b)
Conviction
of the operator, to include any of its officers, owners or principals,
of a criminal offense that is substantially related to the qualifications,
functions or duties of the shared mobility business or profession,
including, but not limited to, any criminal conviction involving a
violent or serious felony, fraud, deceit, or embezzlement.
(Added by Ord. No. 2578CCS §
1, adopted 6/26/18)
Permits issued pursuant to this Chapter shall terminate and
be of no further force or effect beyond June 30, 2021, unless otherwise
extended or terminated earlier by the City.
(Added by Ord. No. 2578CCS §
1, adopted 6/26/18; amended by Ord. No. 2627CCS § 1, adopted 12/10/19; Ord. No. 2630CCS § 1,
adopted 2/11/20; Ord.
No. 2639CCS § 1, adopted 5/26/20; Ord. No. 2666CCS § 1,
adopted 3/23/21)
(a)
A shared mobility device that is displayed, offered, or made available for rent, or abandoned, in the public right-of-way or a public area in violation of Section 3.21.030 shall be subject to immediate impoundment by the City.
(b)
The
City Council may adopt impound fees by resolution, which shall reflect
the City's enforcement, investigation, storage and impound costs.
(c)
No
person shall retrieve any impounded shared mobility device except
upon demonstrating proper proof of ownership of the device and payment
of applicable impound fees.
(Added by Ord. No. 2578CCS §
1, adopted 6/26/18)
(a)
Any
person who violates any provision of this Chapter, including any permit
condition, shall be guilty of an infraction, which shall be punishable
by a fine not exceeding two hundred fifty dollars, or a misdemeanor,
which shall be punishable by a fine not exceeding five hundred dollars
per violation or by imprisonment in the County Jail for a period not
exceeding six months or by both such fine and imprisonment.
(c)
Any
person convicted of violating this Chapter in a criminal case, or
found to be in violation of this Chapter in a civil or administrative
case brought by a law enforcement agency, shall be ordered to reimburse
the City and other participating law enforcement agencies their full
investigative costs.
(Added by Ord. No. 2578CCS §
1, adopted 6/26/18)
