Consistent with the city's goals of enhancing mobility and access,
easing traffic congestion, promoting sustainability and achieving
goals outlined in the sustainable community action plan, this chapter
initiates a shared mobility pilot program to evaluate the impact of
share mobility alternatives within the city while ensuring the protection
of public health and safety, including the safety of the public traveling
by foot, bicycle or any vehicle on public sidewalks, streets, other
public rights-of-way and adjacent private property.
(Ord. No. 962, § 1, 2019)
means leaving any item unattended for any length of time.
means the city manager or his or her designee.
means the person or business entity licensed by the city
to operate the shared mobility pilot program pursuant to this chapter.
means any outdoor area, public alley, parkway, public transportation
path, roadway, sidewalk, trail, paseo, pathway or street that is owned,
granted by easement, operated or controlled by the city.
means any wheeled device, other than an automobile or motorcycle,
that is accessed via an on-demand portal, whether a smartphone application,
membership card, or similar method; is operated by a private entity
that owns, manages, and maintains devices for shared use by members
of the public; and is available to members of the public in unstaffed
locations.
means a pilot program establishing a licensee(s) under a
license agreement to rent, use, locate, display, offer or place for
rent shared mobility devices within city boundaries.
(Ord. No. 962, § 1, 2019)
A.
The
city 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, insurance, indemnification, 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.
(Ord. No. 962, § 1, 2019)
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; and (2) a business license issued in accordance with Title 5, chapter 5.04 of this code; and (3) insurance and indemnification naming the city as required by the shared mobility operator permit.
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.
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.
E.
This
chapter is not intended to prohibit or limit the lawful private non-commercial
use, ownership or operation of a mobility device within city limits.
(Ord. No. 962, § 1, 2019)
A.
Under
this shared mobility pilot program, the city manager or designee is
authorized to select one or more operators to deploy shared mobility
devices within designated city locations.
B.
The
city manager or designee may establish the number, location, and technical
requirements of the shared mobility pilot program.
C.
Before
shared mobility devices can be deployed the operator must execute
a license agreement in final form approved by city council, comply
with all license agreement conditions, provide evidence of insurance
as required by this chapter and license agreement and obtain a city
business license.
D.
At
any time, in the city council's discretion, the city council may reassess
the approved operator license agreement(s) and its terms, consistent
with the approved license agreement.
(Ord. No. 962, § 1, 2019)
The city council may establish license agreement fees and charges
by resolution, which shall defray the city's costs in administering
and enforcing the provisions of this chapter; and reflect charges
associated with use of public property pursuant to this chapter.
(Ord. No. 962, § 1, 2019)
To the fullest extent permitted by law, the city shall not assume
any liability whatsoever with respect to having issued a shared mobility
pilot program operator license 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
operator shall, in language approved by the city risk manager, agree
to indemnify, defend (at operator's sole cost and expense), and hold
harmless the city, and its officers, officials, employees, representatives,
and agents from any and all claims, losses, damages, injuries, liabilities
or losses which arise out of, or which are in any way related to,
the city's issuance of or decision to enter into a shared mobility
pilot program operator license agreement, the process used by the
city in making its decision, any alleged violation of any federal,
state or local laws by operator, and for any and all claims, losses,
damages, injuries, liabilities or losses to any shared mobility device
user or any third party, arising out of, or which are in any way related
to, operator activities and operations, including, but not limited
to, under the shared mobility pilot program operator license agreement.
B.
Maintain
insurance coverage limits, and with conditions thereon, as determined
by the city risk manager as necessary and appropriate, including naming
City of Rancho Cucamonga as an additional insured. The operator's
insurance policy shall be endorsed to state that coverage shall not
be cancelled except after 30 days' prior written notice has been given
to the city. If any insurance policy issued to an operator is cancelled
for any reason, the approval license issued under this chapter is
automatically suspended and all operator operations shall cease. In
order to reinstate the license, the licensee shall provide a new certificate
and policy of insurance to the city.
(Ord. No. 962, § 1, 2019)
A shared mobility pilot program operator permit may be revoked,
suspended, or denied by the city manager consistent with the terms
of the license agreement approved by city council or for violation
of this chapter.
(Ord. No. 962, § 1, 2019)
A.
A shared mobility device that is displayed, offered, made available for rent, or abandoned in the public right-of-way or a public area in violation of section 10.80.040 shall be subject to immediate impoundment by the city pursuant to the California Vehicle Code.
B.
The
city council may adopt impound fees by resolution, which shall reflect
the city's enforcement, investigation, administration, storage and
impound costs.
C.
No
person shall retrieve any impounded shared mobility device except
upon consultation with city staff by appointment during business hours,
demonstrating proper proof of ownership of the device, and payment
of applicable impound fees.
(Ord. No. 962, § 1, 2019)
A.
Peace
officers, traffic control officers, parking enforcement officers,
community improvement officers, park rangers, public works department
staff members, those city officials designated by the city manager,
and any party contracted by the city to specifically impound shared
mobility devices are authorized to impound any shared mobility device
pursuant to the California Vehicle Code. The impound shall be subject
to an impound and storage fee established by resolution of the city
council.
D.
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.
(Ord. No. 962, § 1, 2019)
