Consistent with the City's goals of enhancing mobility
and access, easing traffic congestion, and promoting sustainability,
this Chapter creates a 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.
The program also seeks to recover the costs to the City of overseeing
and enforcing the operation and regulation of a shared mobility device
program.
(Added by Ord. No. 2630CCS §
2, adopted 2/11/20; amended by Ord. No. 2785CCS, 8/27/2024)
shall mean leaving an item unattended for any length of time.
shall mean the Director of Transportation 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
and in good standing with the City, or any person or business entity
selected by the City to participate in the long-term shared mobility
device 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; Ord. No. 2785CCS, 8/27/2024)
(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; amended by Ord. No. 2785CCS, 8/27/2024)
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; amended by Ord. No. 2785CCS, 8/27/2024)
(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; Ord. No. 2785CCS, 8/27/2024)
(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 10% 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 under the permit 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; amended by Ord. No. 2785CCS, 8/27/2024)
(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, 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 the highest ranking applicants, depending on the number
of available openings for operators. Should applicants among the highest
ranks 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; amended by Ord. No. 2785CCS, 8/27/2024)
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; amended by Ord. No. 2785CCS, 8/27/2024)
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 permit 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; amended by Ord. No. 2785CCS, 8/27/2024)
Permits issued pursuant to this Chapter shall take effect immediately, and shall remain valid unless revoked or suspended pursuant to Section 3.22.080 of this Chapter.
(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; Ord. No. 2785CCS, 8/27/2024)
(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; amended by Ord. No. 2785CCS, 8/27/2024)
(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; amended by Ord. No. 2785CCS, 8/27/2024)
