[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.
[Ord. No. 6PSF-F, 08-02-2023 repealed and replaced prior Chapter 29:29. Prior history includes Ord. No. 6PSF-A, 4-21-2021.]
[Added 8-2-2023 by Ord. No. 6PSF-F, 08-02-2023]
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.
Refers to the Director of Engineering.
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.
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.
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.
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.
Any person that uses, rents or rides a Dockless Vehicle or is a customer of the Dockless Vehicle provider.
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.
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.
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.
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.
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:
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.