The purpose of this shared mobility program is to enhance mobility and access, ease traffic congestion, promote sustainability, and ensure the protection of public health and safety, including the safety of the public traveling by foot, bicycle, wheelchair, or any vehicle on public sidewalks, streets, other public rights-of-way and adjacent private property.
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For the purpose of this chapter, unless the context clearly requires otherwise, the words and phrases defined in this section shall have the following meanings:
"Abandon"
means leaving any mobility device unattended in a public area without the City's permission for any length of time.
"City Manager"
means the City Manager or designee.
"Director"
means the Community Development Director or designee.
"Mobility device"
means any device by which a person can be transported, propelled, moved, or drawn, such as an electric bicycle, a standard bicycle, or an electric scooter.
"Operator"
means a person or business entity that has obtained the City's approval and a license from the City to rent, locate, display, offer, or place for rent shared mobility devices in any public area in accordance with this shared mobility program and any related administrative regulations.
"Prohibited mobility device"
means any shared mobility device that has not been approved by City staff in accordance with this shared mobility program and any corresponding administrative regulations.
"Public area"
means any outdoor area that is open to the public for public use, and owned or operated by the City, including, without limitation, the public right-of-way.
"Public right-of-way"
means any alley, parkway, transportation path, roadway, sidewalk, trail, pathway, or street that is owned, dedicated by easement, operated, or controlled by the City.
"Restricted areas"
means any areas within the City that the City has designated as off limits to the use or placement of shared mobility devices.
"Shared mobility device"
means any mobility device that is rented or offered for rent in any public area. "Shared mobility device" does not include:
1. 
Any mobility device that is owned by the person using it;
2. 
Any mobility device that is being used with the owner's permission, free of charge;
3. 
A rental car;
4. 
A taxicab;
5. 
Any mobility device for people with disabilities, such as a wheelchair; or
6. 
Any other device excluded pursuant to the City's administrative regulations.
"Shared mobility program"
means the program set forth in this chapter allowing one or more operator(s) to place shared mobility devices in public areas within City boundaries so the shared mobility devices may be rented by members of the public.
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A. 
The Director may adopt administrative regulations to implement the provisions of this chapter, which may include regulations relating to lawful conduct, prohibited conduct, public safety, data sharing, data privacy, and/or the timely removal of hazards. Any administrative regulations shall be published on the City's website and available upon request at City Hall.
B. 
Violation of any administrative regulation issued pursuant to this chapter shall constitute a violation of this Code and shall subject the violator to the penalties set forth in this Code.
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Notwithstanding any other provision of this Code, persons (including operators) shall not:
A. 
Rent or offer for rent any mobility device in any public area without an operator's license issued pursuant to this chapter.
B. 
Deploy, drop, abandon, leave, dock, park, or otherwise place (for any length of time) any mobility device in any public area in a manner that:
1. 
Obstructs or blocks access to a path of travel, including, without limitation, a sidewalk, curb ramp, crosswalk, or doorway;
2. 
Violates disability access laws, requirements, and/or regulations, such as the Americans with Disabilities Act (ADA) and its implementing regulations;
3. 
Poses a public safety hazard or nuisance; or
4. 
Is otherwise prohibited by applicable local, state or federal laws or the City's administrative regulations.
C. 
Operate any mobility device at a speed that exceeds the limits set forth in the California Vehicle Code and the Claremont Municipal Code, including Claremont Municipal Code Sections 10.48.010 (Speed limits for certain streets) and 11.02.100 (Speed limits for public parks).
D. 
Deploy, drop, abandon, leave, dock, park, or otherwise place (for any length of time) or use, rent, or offer for rent any prohibited mobility device in any public area.
E. 
Deploy, drop, abandon, leave, dock, park, or otherwise place (for any length of time) or use, rent, or offer for rent any shared mobility device or prohibited mobility device in any restricted area.
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A. 
Operator's License. An operator's license is required to use any public area to rent out or offer for rent any mobility device.
B. 
Application Processing. An application for an operator's license shall be made on forms provided by the Director and shall be submitted with an application fee. The application shall include all information needed to determine compliance with this chapter and any administrative regulations. The application fee shall be established by resolution of the City Council. The Director shall have the authority to approve, conditionally approve, or deny an application for an operator's license.
C. 
Approval Criteria. An operator's license shall not be approved or conditionally approved unless all of the following findings can be made:
1. 
The operator's shared mobility devices are safe, legal, clean, and well-maintained.
2. 
The number of shared mobility devices the operator seeks to rent or offer for rent will not result in an oversaturation of shared mobility devices in the City or otherwise have an adverse impact on the public health, safety and welfare.
3. 
The operator has rules, protocols, and staffing to ensure its shared mobility devices will not be used in restricted areas.
4. 
The operator has rules, protocols, and staffing to ensure its shared mobility devices will not be used or abandoned in public areas in a manner that interferes with pedestrian or vehicular travel or disability access, or otherwise creates a safety hazard or public nuisance.
5. 
The operator has one or more representatives that will be responsive to City concerns twenty-four hours a day, seven days a week.
6. 
The operator has agreed to uphold the indemnification requirements set forth in this chapter and has provided proof of the insurance required by this chapter.
7. 
The operator has obtained or has concurrently applied for a tax certificate in accordance with Chapter 4.10 of this Code and, if necessary, a business permit in accordance with Chapter 5.20 of this Code.
8. 
The Director has approved a finding of similar use pursuant to Chapter 16.339 of this Code.
D. 
Ongoing Operator's License Fees. The City Council may establish license fees by resolution, which shall both defray the City's costs of administering and enforcing the provisions of this chapter and compensate the City for allowing an operator to use public areas to rent, locate, display, offer, or place for rent shared mobility devices.
E. 
Term and Renewals of Operator's License. The term of an operator's license shall not exceed one year. The Director may create a streamlined application process for requests to renew an operator's license.
F. 
Revocation or Suspension of Operator's License. Failure to comply with the requirements of this chapter (including the approval criteria listed above), any administrative regulations issued pursuant to this chapter, or any federal, state, or local law shall be grounds for revocation or suspension of an operator's license. The Director shall provide the operator with written notice of the revocation or suspension that set forth the basis for his or her decision.
G. 
Appeals. An applicant for or holder of an operator's license may appeal a Director decision regarding issuance, denial, revocation, or suspension of an operator's license to the City Council. Appeals must be submitted to the City Clerk within ten calendar days of the decision on which the appeal is based. The appeal shall be in writing and the appeal shall be submitted with an appeal fee in the amount established by resolution of the City Council. The appellant shall set forth his or her reason(s) for asserting that a decision or action was in error, or in violation of this Code, or any other applicable law. Unless the Director determines the public health or safety requires otherwise, any decision that is being appealed shall be suspended until a decision on the appeal has been made.
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A. 
By accepting an operator's license and/or renting or offering to rent shared mobility devices in the City, an operator shall indemnify, defend (at operator's sole cost and expense with counsel of the City's choosing), and hold harmless the City, and its officers, officials, employees, representatives, and agents from any and all claims, damages, injuries, liabilities or losses which arise out of, or in any way relate to, the City's issuance of the operator's license or the operator's activities and operations in the City, including, without limitation, any alleged violation of any federal, state or local laws by the operator or by the users of the operator's shared mobility devices, and any and all claims, damages, injuries, liabilities or losses to claimed by the users of operator's shared mobility devices or any third party, arising out of, or in any way related to, operator's activities and operations. The City and operator may enter into an indemnification agreement to refine the scope and terms of this indemnification obligation, which agreement must be approved by the City Manager in a form acceptable to the City Attorney. The lack of an indemnification agreement does not relieve an operator of the indemnification obligations set for this section.
B. 
An operator shall maintain insurance at coverage limits, and with conditions thereon, as determined by the Director as necessary and appropriate. The operator's insurance policies shall name the City of Claremont as an additional insured. Prior to commencing operations, the operator shall provide proof of insurance to the Director. The operator shall notify the City within ten days if its insurance coverage is reduced or terminated. Failure to maintain adequate insurance coverage shall be grounds for suspension or revocation of an operator's license. The insurance coverage required by this paragraph shall not in any way limit an operator's indemnification obligations set forth in the previous subsection.
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A. 
Mobility devices that are deployed, dropped, abandoned, left, docked, parked, or otherwise placed (for any length of time) or used, rented, or offered for rent, in any manner that violate this chapter constitute a public nuisance are shall be subject to immediate impoundment by the City.
B. 
The City Council may adopt impound fees by resolution, which shall not exceed the costs of enforcement, investigation, administration, storage, and impoundment.
C. 
No person shall retrieve any impounded mobility device except upon demonstrating proper proof of ownership of the device and payment of applicable impound fees.
D. 
Any mobility device not retrieved from impound after more than thirty calendar days shall be deemed abandoned and may, in the City Manager's discretion, be destroyed or auctioned in accordance with applicable state law.
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A. 
Advance approval of the Director is required to place a docking station, bike rack, or any other kind of parking facility for shared mobility devices in a public area. The City may immediately remove and impound an unauthorized docking station, bike rack, or parking facility from a public area.
B. 
The City Council may adopt impound fees by resolution, which shall not exceed the costs of enforcement, investigation, administration, storage, and impoundment.
C. 
No person shall retrieve any impounded docking station, bike rack, or parking facility except upon demonstrating proper proof of ownership and payment of applicable impound fees and any costs the City incurred restoring the public area to its original condition.
D. 
Any docking station, bike rack, or parking facility not retrieved from impound after more than thirty calendar days shall be deemed abandoned and may, in the City Manager's discretion, be destroyed or auctioned in accordance with applicable state law.
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A. 
Criminal Fines and Penalties. Any person responsible for violating any provision of this chapter is guilty of an infraction or a misdemeanor at the discretion of the City Attorney and/or district attorney. Upon conviction, the person shall be punished as prescribed in Chapter 1.12.
B. 
Administrative Fines and Penalties. Whenever an officer charged with the enforcement of any provision of this Municipal Code determines that a violation of this chapter has occurred, the officer shall have the authority to issue an administrative citation to any person responsible for the violation in accordance with Chapter 1.14.
C. 
Public Nuisance. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure Section 731 or any other remedy available at law.
D. 
Civil Action. In addition to any other enforcement permitted by the City's Municipal Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.
E. 
License Revocation. Any violation of this chapter may result in revocation of an operator's license in accordance with Section 5.52.050.
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