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.
"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;
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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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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