shall mean leaving an item unattended for any length of time.
shall mean any person or business entity selected by the
City to operate a shared mobility device system 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 and that complies with all Federal and State of California laws, 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 pedicab as regulated in Chapter 6.50 of this Code; or a device operated by the Los Angeles County Metropolitan Transportation Authority.
shall mean the deployment, maintenance, service, storage,
or recovery of one or more shared mobility device that is being vended
or made available for rent or other commercial use in the City of
Santa Monica.
(Added by Ord. No. 2715CCS §
2, adopted 9/13/22)
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 shared mobility device is part of a shared mobility
device system operated by a person or company contracting with the
City for shared mobility device services in accordance with the provisions
of this Chapter;
(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;
(d)
Engage
in any sports or recreational activity with any shared mobility device
that endangers public health or safety or threatens injury to persons,
or damage to property.
(Added by Ord. No. 2715CCS §
2, adopted 9/13/22)
To the fullest extent permitted by law, the City shall not assume
any liability whatsoever with respect to the operation of any shared
mobility device system by shared mobility device operators contracting
with the City. As a condition of being awarded a contract to operate
a shared mobility device system, a bidder shall be required to meet
all of the following conditions:
(a)
The
bidder 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 operation of a shared mobility device system; 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 bidder 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 bidder'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.
(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 bidder 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. 2715CCS §
2, adopted 9/13/22)
(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 3.23.030 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. 2715CCS §
2, adopted 9/13/22)
(a)
Any
person who violates any provision of this Chapter 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. 2715CCS §
2, adopted 9/13/22)
