[Added 8-2-2023 by Ord.
No. 6PSF-F, 08-02-2023]
This Chapter is enacted to establish a permit application process
for the permanent operation of shared dockless vehicles in the public
right-of-way.
[Added 8-2-2023 by Ord.
No. 6PSF-F, 08-02-2023]
ADAPTIVE DOCKLESS VEHICLE
Means a Dockless Vehicle which is accessible to people with
various physical disabilities. Examples include recumbent bicycles,
tricycles, and hand cycles, any of which may be motorized.
COMPLIANCE OFFICER
Means code enforcement personnel designated by the Department
of Engineering who are responsible for conducting varied types of
field and office work involved in seeing that residents, businesses,
and citizens comply with the City of Newark's municipal ordinances
related to Dockless Vehicles including, but not limited to proper
parking procedures, equity requirements, and other stipulations of
the Program through spot checks, internal reports, audits, and other
methods.
DOCKLESS VEHICLE
Means a dockless electric bicycle, dockless electric scooter,
dockless non-electric bicycle and a dockless non-electric scooter,
or any hybrid thereof, approved by the Administrator that are available
to rent for use in the City's public rights-of-way through the
Dockless Vehicle Share System. The term "Dockless Vehicle" does not
include a motor vehicle, motorcycle, low-speed vehicle, or a motor-driven
cycle.
DOCKLESS VEHICLE SHARE PROVIDER or PROVIDER
Means a company that is in the business of providing a Dockless
Vehicle for hire to the general public to use in the City's right-of
way. The term includes any employee, agent or independent contractor
hired by the provider.
DOCKLESS VEHICLE SHARE SYSTEM or PROGRAM
Means a system or program to provide Dockless Vehicles for
short-term rentals for point-to-point trips where, by design of the
Dockless Vehicle Share Provider, the Dockless Vehicles are intended
to remain in the public right-of-way, even when not being rented/used
by a customer.
E-BICYCLE or ELECTRIC BICYCLE
Means a device designed and equipped with: (i) an electric
motor for assisted or self-propulsion; (ii) two (2) tandem wheels;
and (iii) a locking device to either lock itself or lock to existing
structures. It does not include a motorcycle, motor scooter or other
form of motor vehicle.
E-SCOOTER or ELECTRIC SCOOTER
Means a device designed and equipped with: (i) an electric
motor for self-propulsion; (ii) two (2) wheels below a platform on
which a User can stand upright to operate and control the vehicle;
and (iii) a locking device to either lock itself or lock to existing
structures. It does not include a motor scooter or other form of motor
vehicle.
REBALANCE
Means allocating Dockless Vehicles across the equity zone
as established in greater detail in the Dockless Vehicle Provider
Share System Program Regulations to ensure access across the City,
and to avoid overconcentration in any one area.
RIGHT-OF-WAY
Shall mean and includes highways, roads, avenues, boulevards,
courts, public lanes, alleys, sidewalks, foot paths and all other
public highways for vehicular or pedestrian travel within the City
of Newark's control.
USER
Means any individual who operates a Dockless Bicycle or Scooter.
[Added 8-2-2023 by Ord.
No. 6PSF-F, 08-02-2023]
a. The City hereby establishes a renewable two (2) year program where
the Administrator is authorized to issue no more than two (2) permits
- one to each of two (2) companies selected via a competitive application
for the operation of Dockless Vehicles in the City's right-of-way.
b. No permits shall be issued until applications are deemed complete.
c. The Administrator will issue one permit to each of the two (2) Dockless
Vehicle providers selected to operate in the City's right-of-way.
d. Providers will deploy no less than five hundred (500) dockless vehicles
regardless of the dockless vehicle type included in the application
and:
1. Up to nine hundred (900) dockless vehicles if only one (1) dockless
vehicle type is included in the application; or
2. No more than one thousand one hundred (1,100) dockless vehicles if
at least one hundred (100) E-bicycles and/or bicycles, or hybrid thereof,
are included in the application.
e. The City encourages providers to make adaptive Dockless Vehicles
accessible to users where feasible with a City-wide equitable approach,
which would be supported through data from user demand reports submitted
to the Department of Engineering by the provider.
f. At any point during the permitted operating period, the Administrator
is authorized to evaluate the Program and operator fleet sizes to
determine if additional vehicles are warranted and if so, the Administrator
shall be permitted to update the permitted fleet size maximums under
the Program pursuant to the same requirements set forth in this chapter.
g. All permits issued, under the authority of the Director of Engineering,
shall be valid for a two (2) year period and be renewable for an additional
two (2) year period with approval from the City.
[Added 8-2-2023 by Ord.
No. 6PSF-F, 08-02-2023]
a. A Provider may not operate a Dockless Vehicle Program without first
obtaining a valid permit from the Administrator.
b. A Provider desiring to obtain a permit shall make a written application
in a form prescribed by the Administrator with the applicant being
the person who will own, control, or operate the proposed Dockless
Vehicle service.
c. An application fee of § 250.00 shall be submitted with
each application. The Director of Finance is authorized to receive
said application fee and deposit same towards the Department of Engineering's
budget.
d. An applicant shall file with the City a verified application statement
that, at a minimum, contains the following:
1. The address of the applicant's operations center within the
City, and the address of the applicant's corporate headquarters,
if different from the address of the operations center;
2. A witnessed signature of the applicant;
3. Documentary evidence from an insurance company indicating that such
insurance company has bound itself to provide the applicant with the
insurance required by the City's Dockless Vehicle Provider Share
System Program Regulations;
4. Documentary evidence from a bonding or insurance company or a bank
indicating that the bonding or insurance company or bank has bound
itself to provide the applicant with the payment and performance bond
or irrevocable letter of credit required by the Dockless Vehicle Provider
Share System Program Regulations;
5. Documentary evidence indicating that the applicant has applied for
and received a current Business License from the City of Newark's
Department of Finance, Division of Tax Abatement and Special Taxes;
6. An agreement to indemnify the City, in a form acceptable to the City;
and
7. The name of the person designated to receive any and all notices
sent by the City to the provider, including their mailing address,
telephone number, and e-mail address.
e. An operating permit shall expire two (2) years from the date it is
issued, unless renewed by mutual agreement between the City and operator.
f. The Administrator, in his or her sole discretion, reserves the right
to revoke any permit, after notice and hearing, that is deemed non-compliant
with this chapter and/or the City's Dockless Vehicle Provider
Share System Program Regulations.
[Added 8-2-2023 by Ord.
No. 6PSF-F, 08-02-2023]
The permit fee, which shall be defined within the Rules and
Regulations, shall be used to cover the City's cost to administer
the Dockless Vehicle Program. The Director of Finance is authorized
to receive said permit fees and deposit same towards the Department
of Engineering's budget.
The per ride fee, which shall be defined within the Rules and
Regulations, shall be applied to each ride which will help cover the
City's cost to administer the Dockless Vehicle Program as well
as using those same funds to help maintain and repair the City's
roads.
[Added 8-2-2023 by Ord.
No. 6PSF-F, 08-02-2023]
a. The Administrator shall develop Dockless Vehicle Provider Share System
Program Regulations that govern program requirements to operate Dockless
Vehicles within the City's rights-of-way to ensure that the performance,
effectiveness and safety concerns of the City are achieved.
b. The Administrator shall promulgate additional regulations governing
Dockless Vehicle Programs from time to time as deemed fit to ensure
that the continued performance, effectiveness and safety concerns
of the City are achieved.
c. The City's Dockless Vehicle Share Provider permit will also
require Providers to render certificates of liability insurance, indemnification,
performance bonds, and cost recovery fees in forms and at the levels
set forth in this chapter.
d. A Provider shall advise the City of any price increases prior to
increasing prices. The provider shall also give the user's thirty
(30) days' notice prior to any increase in pricing.
[Added 8-2-2023 by Ord.
No. 6PSF-F, 08-02-2023]
a. A provider shall procure and keep in full force and effect no less
than the insurance coverage required by this section through a policy
or policies written by an insurance company or companies authorized
to do business in New Jersey, who are rated A- (V) or better per A.M.
Best's Key Rating Guide.
b. The insured provisions of the policy or policies must list the City
as additional insureds, and the coverage provisions must provide coverage
for any loss or damage that may arise to any person or property by
reason of the operation of a Motorized Scooter.
c. The City, its elected/appointed officials, employees, and agents
shall be covered, by endorsement as additional insureds on Permit
Holder's commercial general liability and commercial automobile
liability policies, as respects to liability arising out of activities
performed by or on behalf of Permit Holder in connection with this
Agreement.
d. To the extent of Permit Holder's negligence, Permit Holder's
insurance coverage shall be primary insurance as respects the City,
its elected and appointed employees and agents. Any insurance and/or
self-insurance maintained by the City with its elected appointed officials,
employees and agents shall not contribute to Permit Holder's
insurance or benefit it in any way.
e. An Operator shall maintain the following insurance coverages:
1. Commercial general liability with limits of $2,000,000 per occurrence,
$5,000,000 policy aggregate affording coverage for claims resulting
from bodily injury (including death) and property damage. The policy
shall be written on a primary and noncontributory basis, and should
insure against premises and operations, personal injury, and contingent
and contractual exposures.
2. Automobile/Motor Vehicle liability affording coverage on all motor
vehicles/scooters used in connection with the operations or activities
contemplated under this Article. The Operator should furnish the City
with a policy affording coverage on all owned autos and scooters,
including coverage for hired and non-owned auto expo.