Consistent with the City's goals of enhancing mobility and access,
easing traffic congestion, and promoting sustainability, this Chapter
creates a second limited term pilot program to continue 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. The second pilot program also seeks to continue
to recover the costs to the City of overseeing and enforcing the operation
and regulation of a shared mobility device pilot program.
(Added by Ord. No. 2630CCS §
2, adopted 2/11/20)
shall mean leaving an item unattended for any length of time.
shall mean the Director of Transit Services or designee.
shall mean the City's mobility manager or designee.
shall mean any person or business entity selected by the
City to participate in the second 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 moped, as defined by California Vehicle Code Section 406; 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. 2630CCS §
2, adopted 2/11/20; amended by Ord. No. 2666CCS § 4, adopted 3/23/21)
(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. 2630CCS §
2, adopted 2/11/20)
Notwithstanding any other provision of this Code, no person
shall:
(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 issued in accordance with this Chapter: 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; or
(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. 2630CCS §
2, adopted 2/11/20)
(a)
The
Mobility Officer shall issue up to four shared mobility operator permits
authorizing the deployment of one or more shared mobility devices
within the City. No shared mobility operator permits shall be issued
to any operator that proposes to deploy any shared mobility device
that is exclusively powered by the human body or powered by combustion
engine.
(b)
The Mobility Officer shall establish the number of shared mobility devices whose deployment within the City is 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 maximum number of permitted operators or devices pursuant to subsection (d) of this section, the Mobility Officer may adjust the maximum number of devices authorized by each shared mobility operator permit. In making determinations regarding the maximum number of authorized devices, the Mobility Officer shall take into consideration market needs, the total number of devices and the total number of devices of any particular type deployed in the City, device utilization, and any other criteria set forth in administrative regulations. The Mobility Officer 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 Mobility Officer's final 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 Mobility Officer's established device limitations.
(c)
No
operator shall be granted authorization for less than fifty shared
mobility devices of one type.
(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. 2630CCS §
2, adopted 2/11/20; amended by Ord. No. 2666CCS § 3, adopted 3/23/21)
(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 Mobility Officer for that purpose.
(c)
The
Mobility Officer shall 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,
except 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:
(A)
The applicant's current operations as a shared mobility device provider
in the City and other jurisdictions;
(B)
The applicant's proposed operations in the City including the maximum
numbers and types of shared mobility devices anticipated to be deployed
during the duration of the pilot program, the plan for balancing deployment
of 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;
(C)
The applicant's regulatory compliance program;
(D)
The applicant's history of, intent to, and ability to comply with
state and local law;
(E)
The applicant's plans to implement safety programs, including, for
example, programs by which the applicant will receive information
about and notify users of inappropriate use, encourage users to use
appropriate safety devices such as helmets, and discourage users from
leaving devices in locations that create hazards in the public right-of-way
for persons with disabilities and others;
(F)
The applicant's plans to educate users of shared mobility devices
about applicable California Vehicle Code provisions and other applicable
laws, regulations, and guidelines;
(G)
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 to provide the City with data necessary
for the City to ensure accessibility and availability of the public
right-of-way and other public space for shared use by all, and protect
the health, welfare, and safety of the public;
(H)
The applicant's plans for encouraging use of shared mobility devices
as a substitute for trips by car and as a linkage to existing public
mass transit systems; and
(I)
The applicant's plans for complying with any other requirements set
forth by the administrative regulations.
(5)
Expect to the extent specifically requested by an applicant, all
applications shall be treated as public records pursuant to the California
Public Records Act and shall be distributed to all applicants in the
event of any appeal by any applicant. If an applicant believes that
any portions of an application should be exempt from treatment as
a public record and distribution to other applicants, the applicant
shall specifically designate those portions and, with respect to each
such portion, provide a written explanation of the reasons for the
designation.
(Added by Ord. No. 2630CCS §
2, adopted 2/11/20)
(a)
The
shared mobility operator selection committee shall be established
by the Mobility Officer. The committee shall consist of City staff
with appropriate knowledge and experience and at least one expert
in shared mobility who is not a member of City staff, as further set
forth in the administrative regulations.
(b)
The
committee shall review all applications and make written recommendations
to the Mobility Officer based on a ranking of each qualified applicant
in accordance with objective criteria set forth by this Chapter and
the 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; willingness to permit
application materials to be treated as public record and made available
to the public and other applicants; relevant record of the applicant's
or officers', owners' or principals' violations of Federal, State
or local law, or rules and regulations; quality, durability and safety
record of proposed devices; proposed public right-of-way management
and safety plan; and any other objective criteria established by the
administrative regulations.
(d)
Each
applicant shall be provided an opportunity to submit written comments
or objections to the committee's recommendations.
(e)
The
Mobility Officer shall set forth, in writing, the reasons supporting
his or her determinations. The Mobility Officer 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
Mobility Officer shall grant a shared mobility device operator permit
to up to the highest three ranked applicants. Should applicants among
the three highest ranked receive the same score, a lottery shall be
used to establish the final rankings for any applicants that achieved
the same score.
(g)
The
Mobility Officer shall, on a date determined by the Mobility Officer,
post on the City's website, and send to all applicants by email notice
of the posting with a link to the City's website, all of the following:
the ranking determinations as to all applicants, the determination
of the highest ranked applicants to whom shared mobility device operator
permits will be issued, the written reasons supporting the Mobility
Officer's determinations, and all portions of all applications other
than those portions that applicants have specifically designated with
written reasons as exempt from treatment as public records and distribution
to the other applicants.
(h)
No
later than fourteen calendar days after the date on which the Mobility
Officer posts and distributes notice of the Mobility Officer's determinations,
an applicant may file an appeal of the Mobility Officer's determinations,
with respect to that applicant only, to the Director. The administrative
regulations shall contain the process for appeal. In connection with
any appeal, no applicant shall be entitled to receive the application
materials submitted by any other applicant that the other applicant
has designated with written reasons as exempt from treatment as a
public record and distribution to the other applicants. The issuance
of any shared mobility device operator permits shall be stayed until
the Director has issued his or her final determinations.
(i)
In
the event of an appeal by any applicant, the Director shall review
the Mobility Officer's determinations in their totality de novo and,
no later than twenty-eight calendar days after the date on which the
Mobility Officer posts and distributes notice of the Mobility Officers
determinations, the Director shall either confirm the Mobility Officer's
determinations or render his or her own determinations of applicant
ranking and of the applicants to whom mobility device operator permits
will be issued. The Director shall set forth, in writing, the reasons
supporting his or her final determinations.
(j)
The
Director's determinations under this Section shall constitute the
final decision of the City and shall not be subject to further administrative
review.
(k)
The
Mobility Officer 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. 2630CCS §
2, adopted 2/11/20)
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 council, council
members, boards, board members, commissions, commission members, task
forces, task force members, officers, officials, employees, representatives,
volunteers, and agents from any and all claims, losses, damages, injuries,
or liabilities 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
to approve a shared mobility operator permit; the operation and use
of any shared mobility device deployed by any operator who has received
a shared mobility operator permit; the classification by the operator
of any individuals or entities performing services for the operator
as employees or contractors; or the alleged violation of any Federal,
State or local laws by the applicant or any of its officers, managers,
employees, contractors, or agents.
(b)
Maintain
insurance at coverage limits, and with conditions thereon determined
necessary and appropriate from time to time, as determined by the
City's 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 arising out of or in any way related to any claim, loss, damage, injury, or liability as to which the applicant has an obligation to indemnify, defend, and hold harmless the City pursuant to subsection (a) above. The City may, at its sole discretion, participate at its own expense in the defense of any such legal challenge, but such participation shall not relieve any of the obligations imposed hereunder.
(Added by Ord. No. 2630CCS §
2, adopted 2/11/20)
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 promulgated pursuant to this
Chapter (or successor provision or provisions), or any term or condition
imposed on the shared mobility operator permit, or any provision of
State or Federal law.
(b)
Conviction
of the operator, to include any of its officers, principals, directors,
or owners, 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. 2630CCS §
2, adopted 2/11/20)
Permits issued pursuant to this Chapter shall take effect on July 1, 2021, and, unless otherwise extended or terminated earlier by the City, shall be of no further force or effect beyond thirty calendar days after execution of the contract(s) under Chapter 3.23 for shared mobility services.
(Added by Ord. No. 2630CCS §
2, adopted 2/11/20; amended by Ord. No. 2639CCS § 2, adopted 5/26/20; Ord. No. 2666CCS § 2,
adopted 3/23/21; Ord.
No. 2715CCS § 1, adopted 9/13/22; Ord. No. 2759CCS, 9/26/2023)
(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 3.22.030 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. 2630CCS §
2, adopted 2/11/20)
(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. 2630CCS §
2, adopted 2/11/20)
