For the purposes of this chapter, the following words and phrases, whether capitalized or not, shall have the meaning indicated, unless otherwise expressly stated or the context clearly indicates a different meaning.
Applicant.
Any person that applies for a permit pursuant to this chapter. When the applicant is a corporation, association, partnership or other legal entity, "applicant" means each partner, officer, director, and each shareholder owning or controlling more than 10% of such entity.
Director.
The Public Works Director, or any other employee of the Public Works Department designated by the Director to perform delegated functions.
Permitted Operator.
The person named as holder of a permit issued pursuant to this chapter. When the permitted operator is a corporation, association, partnership or other legal entity, the term includes each partner, officer, director, and each shareholder owning or controlling more than 10% of such entity.
Permit.
A privilege issued pursuant to this chapter and the regulations promulgated pursuant to this chapter authorizing a person to provide, manage, or make available shared mobility devices within the City as a permitted operator.
Person.
The term person includes natural persons and corporations, associations, partnerships, or other legal entities, but does not include the City.
Shared Bicycle.
A shared mobility device that is a bicycle, tricycle, quadricycle or similar device with any number of wheels that is either propelled by a motor with any type of power source or solely by human power. Shared bicycle includes motorized bicycles or mopeds as defined in Section 406 of the California Vehicle Code, but does not include a motorcycle as defined in Section 400 of the California Vehicle Code, a motor-driven cycle as defined in Section 405 of the California Vehicle Code, or a shared bicycle as defined in this section.
Shared Mobility Device.
Any wheeled device that is:
1. 
Powered by an electric motor or other power source, or powered by human propulsion;
2. 
Designed to provide personal transportation to an individual user;
3. 
Accessed by a user via an on-demand portal, whether through a smart-phone, access code, I.D. card, credit card, or similar method;
4. 
Provided, managed, or made available by a permitted operator or other person who owns or manages, directly or indirectly, the device via an on-demand portal or at unstaffed, self-service locations.
Shared mobility device includes, without limitation, shared powered scooter and shared bicycle.
Shared Power Scooter.
Any shared mobility device that is a two-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor or other power source. This device may also have a driver seat that does not interfere with the ability of the rider to stand and ride and may also be designed to be powered by human propulsion. Shared power scooter does not include a motorcycle as defined in Section 400 of the California Vehicle Code, a motor-driven cycle as defined in Section 405 of the California Vehicle Code, a motorized bicycle or moped as defined in Section 406 of the California Vehicle Code, or a shared bicycle as defined in this section.
Transportation and Parking Manager.
The person performing the duties of the position of Transportation and Parking Manager in the Public Works Department, or any other employee of the Public Works Department designed by the Director to administer the provisions of this chapter.
User.
The individual who rents or uses a shared mobility device provided by a permitted operator.
(Ord. 5840, 2018; Ord. 5884, 2019)
A. 
The purpose of this chapter is to regulate shared mobility devices within the City. When properly regulated, shared mobility devices can provide the community with convenient, temporary, short-distance transportation options and an alternative to automobile use. However, if left unregulated shared mobility devices have resulted in conditions detrimental to communities throughout California particularly when the devices are operated, left, stored, or abandoned on sidewalks and other pedestrian rights-of-way and in parks, beaches, and other public places. This chapter complements existing regulations intended to preserve the accessibility of the City's sidewalks and pedestrian ways, particularly in the downtown area and preclude activity that may impede travel and interfere with the right of others using the streets and right-of-ways. The California Vehicle Code establishes rules and restriction for operation for bicycles, electric bicycles, electric scooters, and other similar vehicles on public streets and sidewalks, including prohibition of use of electric scooters on sidewalks and pedestrian ways, therefore, this chapter is not intended to regulate use or sale of any transportation device that is not a shared mobility device as defined in this chapter, provided that the use of such device is consistent with applicable law.
B. 
The Transportation and Parking Manager is authorized to administer and enforce this chapter and to approve, conditionally approve, or deny permits. The Transportation and Parking Manager may develop, adopt, and amend regulations for issuance and administration of permits. The regulations may include permit application requirements and terms, conditions, and operational requirements imposed by a permit on a permitted operator, including, but not limited to, the following: to the storage, placement, parking, securing, safe operation, and maintenance of a shared mobility device; procedures for abatement and impound of shared mobility devices parked or left in violation of this chapter; grounds for permit suspension or revocation; protection of personal, financial and travel information of users; and provision to the City of user data and reports. The regulations may limit the quantity of shared mobility devices per permitted operator and the number of permitted operators. The regulations may specify design features and safety equipment of shared mobility devices not inconsistent with the provisions of the California Vehicle Code. The regulations are supplemental to and shall be consistent with the provisions of this chapter. Regulations adopted by the Transportation and Parking Manager, or any amendment thereto, are effective upon approval by the Director. No application for a permit may be filed and no permit may be approved until regulations relating to the permit have been adopted and approved; provided, however, that the Transportation and Parking Manager may establish, and the Director may approve, separate regulations for permits relating to shared bicycles and permits relating to shared power scooters and other shared mobility devices.
(Ord. 5884, 2019)
A. 
Unlawful operation. It is unlawful for a person to provide, manage, or make available a shared mobility device within the City except in accordance with a permit issued pursuant to this chapter. A permitted operator must also obtain a business license pursuant to Chapter 5.04 of this code.
B. 
Unlawful use. It is unlawful for a person to operate a shared mobility device within the City except a device that the person has obtained for use from a permitted operator. This subdivision shall not be construed to preclude a person from using within the City a shared mobility device that the person obtained from a device provider lawfully operating pursuant to a permit issued by the County of Santa Barbara or a city within the County of Santa Barbara.
C. 
Unlawful parking. It is unlawful and a public nuisance for a shared mobility device to be parked or left unattended in the following areas: crosswalks; curb ramps; designated access ways for persons with disabilities; public parks, sidewalks, paseos, or pedestrian pathways except in designated locations or facilities designed for parking of bicycles or scooters; public on-street or off-street automobile, bus, or motorcycle parking spots; loading zones; business entryways; bicycle lanes; landscaped or planted area of a street or sidewalk; within 15 feet of a fire hydrant; railroad crossings; or in any location or manner that impedes pedestrian traffic or accessibility by persons with disabilities. A shared mobility device may be parked on a street or sidewalk so long as it is parked upright and in a location that is not prohibited by this subdivision.
D. 
Permit applications. Applications for a permit must be filed with the Public Works Department on a form prescribed by the Director. An application shall not be accepted unless it is complete and the applicant has paid a nonrefundable permit application fee in the amount established by City Council resolution. After acceptance an application will be referred to the Transportation and Parking Manager.
E. 
General permit requirements. All permits are subject to, and all permitted operators must comply with, the following general permit requirements:
1. 
The name and contact information of the permitted operator, as well as a unique number identifying the shared mobility device, shall be prominently displayed on each device.
2. 
Each shared mobility device shall be capable of providing real-time location data to the City in accordance with the regulations issued by the Director and each permitted operator shall provide such data at the Director's request. The regulations may contain provisions authorizing waiver of this requirement for shared mobility devices that operate solely as part of a docked system.
3. 
No permit shall be issued or remain in effect unless there is in full force and effect a policy of comprehensive insurance containing coverage provisions and limits prescribed by the City's Risk Manager, executed by an insurance company approved by the Risk Manager, whereby the permitted operator and all persons who carry out the activities described in the permit are insured against claims, loss, or liability for damage to property and for injury to or death of any person as a result of the permitted operators operations and the use of the operators shared mobility devices in the City of Santa Barbara, including, without limitation, risks associated with devices ridden, parked, or left standing or unattended on any sidewalk, street, or public right-of-way under the jurisdiction of the City, and for each user using the shared mobility device during the period of use. The insurance requirements may be included in the regulations adopted pursuant to Section 10.53.020.
4. 
By applying for and conducting any operations pursuant to a permit, the permitted operator for itself and its officers, agents, employees, assumes the risk of liability that may arise from the issuance of and operations under the permit and must agree as a condition of application, issuance and acceptance of permit to indemnify, defend and hold harmless the City, its officers, agents and employees from any loss, liability, claim, injury or damage arising or alleged to arise from the issuance of the permit, the exercise of the permit, or the acts or omissions of the operator, its officers, agents, employees, patrons, or customers in connection with the activities described in the permit, except liability arising from the sole, active negligence of a City employee or from a cause for which the City is solely liable.
5. 
A permitted operator must provide and maintain a multilingual website with English and Spanish, call center, and mobile application user interface that is available 24 hours a day, seven days a week for users and citizens to report safety concerns, or make complaints.
6. 
A permitted operator must establish and maintain a privacy policy that safeguards users' personal, financial, and travel information and usage including, but not limited to, trip origination and destination data.
7. 
A permitted operator must provide an electronic payment system that is compliant with the Payment Card Industry Data Security Standards (PCI DSS).
8. 
A permitted operator must establish an enforcement program to ensure that users of the operator's shared mobility devices comply with all applicable laws. Consistent failure by the users of shared mobility devices of a permitted operator to comply with applicable laws is grounds for permit suspension or revocation.
9. 
A permitted operator must establish a program to provide each user a summary of laws governing the use within the City of the particular shared mobility device, including, but not limited to, laws regarding licensing, helmet use, travel on streets, parking prohibitions, and prohibitions on use of sidewalks. The program must require a user to acknowledge having read the information before taking possession of the shared mobility device.
10. 
A permitted operator shall comply with, and shall ensure that their employees and contractors comply with, applicable laws, including, but not limited to, the provisions of this code, the California Vehicle Code, and the Americans with Disabilities Act.
11. 
A permitted operator must provide and maintain its shared mobility devices in good riding condition, including safety equipment required by the regulations promulgated pursuant to this chapter.
F. 
Permit issuance. The Transportation and Parking Manager may approve, conditionally approve, or deny an application and issue a permit. A permit will be effective for a period of one year from the date of issuance. A permitted operator may renew a permit by filing a renewal application before the expiration of the permit. A permit may not be transferred to another person, except to another permitted operator after written approval of the transfer by the Transportation and Parking Manager. An applicant is required to demonstrate compliance with all requirements for issuance of a permit.
Notwithstanding any other requirement, a permit may be denied if the Transportation and Parking Manager determines that issuance of the permit would lead to an over-concentration of shared mobility devices or cause an imbalance in the geographical distribution of shared mobility devices.
In evaluating a permit application, the Transportation and Parking Manager may consider the extent to which the applicant demonstrates the capacity to meet the permit terms based on past experience, including an applicant's previous history in complying with applicable laws in other jurisdictions, and its efforts to ensure compliance by its users with applicable laws.
G. 
Appeal of permit denial. Notice of a decision to deny a permit shall be in writing stating the reasons therefor and shall be mailed to the applicant by first class mail to the address stated on the application. The applicant may appeal the decision to the Director by written appeal filed with the Director not later than 10 days from the date of the notice. The appeal shall state the grounds and information upon which the appeal is made. The Director's decision on the appeal shall be final and is not subject to Section 1.30.050 of this code.
H. 
Permit suspension or revocation. The Transportation and Parking Manager may suspend or revoke a permit by giving written notice to the permitted operator stating the grounds for the suspension or revocation. The notice shall be delivered to the permitted operator by personal delivery or first class mail sent to the address stated on the permit. A suspension or revocation shall be effective immediately unless otherwise stated in the notice. The applicant may appeal the suspension or revocation to the Director by written appeal filed with the Director not later than 10 days from the date of the notice. The appeal shall state the grounds and information upon which the appeal is made. Filing of an appeal will stay the effective date of the suspension or revocation unless otherwise expressly provided in the notice. The Director may schedule a meeting with the permitted operator or may decide the appeal based on the written notice and the facts stated in the appeal. The Director's decision on the appeal shall be final and is not subject to Section 1.30.050 of this code. Cause for suspension or revocation of a permit includes, but is not limited to, the following:
1. 
Failure to pay a fine imposed by the City within 30 days of the due date.
2. 
Violation of any provision of this chapter.
3. 
Violation of a permit condition.
4. 
Submission of incomplete or inaccurate user data to the City.
5. 
Failure to provide or maintain required insurance or proof thereof.
6. 
Unauthorized transfer or attempted transfer of a permit.
7. 
A pattern of failure by users of a permitted operator's shared mobility devices to comply with the requirements of this chapter and applicable laws governing the parking and operation of shared mobility devices within the City.
(Ord. 5840, 2018; Ord. 5884, 2019)
A. 
A shared mobility device that is parked or left in violation of subsection C of Section 10.53.030 is a public nuisance. The City may remove and impound any shared mobility device that is parked or left in violation of subsection C of Section 10.53.030. Before removal and impound the City shall give one hour notice by placing a written notice on the device and providing notice to the permitted operator by telephonic or electronic communication. The City may remove and impound without advance notice any device that is parked or left in a manner that creates an immediate hazard or impedes the free use of a sidewalk, bike path, pedestrian way, or access by persons with disabilities.
B. 
The Transportation and Parking Manager shall provide notice to the permitted operator through regular mail or electronic mail or by a method identified in the permit within 48 hours following the impound of a shared mobility device. The notice shall state the circumstances of the impound and advise the permitted operator of the manner by which the device may be claimed and the amount of the fees that must be paid. The Director may establish the fee to reclaim an impounded device in an amount sufficient to cover the City's costs of the removal and impound. The fee to reclaim an impounded device is additional to any administrative fine that may be imposed for violation of this chapter. The City may dispose of a shared mobility device that is not claimed within 30 days after notice of impound is given.
C. 
The City may remove and impound without advance notice any shared mobility device parked, left, or made available within the City by a person who is not a permitted operator. If the identity of the owner is reasonably ascertainable by markings or other information on the device, the City will attempt to notify the owner within a reasonable time as provided in subsection B. The City may dispose of a shared mobility device impounded under this chapter if the device is not claimed within 30 days after notice is given if the identity of the owner is ascertainable or within 90 days after the date of the impound if notice is not given.
(Ord. 5840, 2018; Ord. 5884, 2019)
A. 
Violations. Any violation of the provisions of this chapter shall be an infraction or be subject to administrative fine and the administrative code enforcement process pursuant to Chapter 1.25. The penalties for a violation of this chapter shall be subject to the provisions of Chapter 1.28 of this code.
B. 
Prima Facie Violation. Any administrative citation issued pursuant to this chapter shall be prima facie evidence that the violation occurred.
(Ord. 5840, 2018; Ord. 5884, 2019)