Consistent with the City's goals of enhancing mobility and access, easing traffic congestion, promoting sustainability and achieving its Climate Action Plan goals, this chapter initiates a pilot bike share program to evaluate the impact of shared mobility alternatives within the City while ensuring the protection of the City and public health and safety, including evaluating 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. 2019-02)
"Abandoned"
means leaving any item unattended for any length of time.
"Bike"
means a pedaled bicycle that is rented, used, located, displayed, offered or placed for rent in any public area or public right-of-way by an operator under a City Council approved operator license agreement. A bike shall meet the safety standards outlined in the International Standardization Organization (ISO) 43.150 – Cycles; the standards outlined in the Code of Federal Regulations Title 16, Chapter II, Subchapter C, Part 1512 Requirements for Bicycles; and the standards established in California Vehicle Code (CVC) Section 21201, including for lighting during operation, or equivalent recognized standards and requirements. If powered, a shared mobility device shall be limited to "Class 1" or "Class 2" electric bicycles, as defined in California Vehicle Code (CVC) Section 312.5.
"City Manager"
means the City Manager or designee.
"Operator"
means the person or business entity licensed by the City to operate the pilot bike share program pursuant to this chapter.
"Pilot bike share program"
means a pilot program establishing a single licensee under a license agreement to rent, use, locate, display, offer or place for rent unpowered bicycles and/or "Class 1" or "Class 2" electric bicycles within City boundaries. The pilot bike share program requires the City Manager or delegated staff to monitor and assess the overall performance, safety and benefits of the pilot program and provide City Council with a report.
"Prohibited mobility device"
means any device other than a bike by which a person can be transported, propelled, moved or drawn, that is rented, used, located, displayed, offered or placed for rent or use in any public area or public right-of-way, except that a prohibited mobility device does not include a rental car, taxi cab or car matched through a peer-to-peer ridesharing application.
"Public area"
means any outdoor area that is open to the public for public use, whether owned or operated by the City or a private party.
"Public right-of-way"
means any public alley, parkway, public transportation path, roadway, sidewalk, trails, pathways or street that is owned, granted by easement, operated or controlled by the City. This includes, but is not limited to, those private areas adjacent to public property and any area established under the City "Sidewalk Café Policy", established by City Resolution 2011-56 and related zoning and specific plan amendments.
(Ord. 2019-02)
A. 
The City may at its discretion develop 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.
B. 
No person shall fail to comply with the City's administrative regulations, if adopted. Any 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.
(Ord. 2019-02)
Notwithstanding any other provision of this Code, no person, including an operator, may:
A. 
Deploy, drop, abandon, leave, dock or otherwise place or encourage the use of any prohibited mobility device within City boundaries;
B. 
Abandon or temporarily park any pilot bike share program bike or prohibited mobility device, in the City public right-of-way or a City public area in a manner that: (1) obstructs travel upon or blocks access to a public area or public right-of-way; (2) violates ADA or any other disability access and path of travel laws, requirements and/or regulations; (3) poses an immediate public safety hazard or nuisance; or (4) is otherwise prohibited by applicable local, state or federal laws or administrative regulations; or
C. 
Use or aid, abet or encourage the use of any prohibited mobility device in violation of this Code or impair any license, permit, applicable law or administrative regulation.
D. 
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. 2019-02)
A. 
Under this pilot bike share program, the City Manager is authorized to negotiate one shared pilot bike share program operator license authorizing a single operator to deploy bikes within designated City locations.
B. 
The City Manager may impose, as part of the pilot bike share program operator license issued, any and all conditions that are determined necessary to effectuate the purposes of this chapter, consider accessibility of any public area, public right-of-way and the availability of public space for shared use by all, and to protect the City and the health, welfare, and safety of the public.
C. 
When presenting the negotiated pilot bike share operator license agreement to City Council for approval, the City Manager shall report, in writing, the reasons supporting the operator license agreement terms, conditions and operator selection.
D. 
The number, location, technical requirements and mode(s) of pilot bike share program bikes and related applications shall be set forth in the negotiated license agreement approved by City Council.
E. 
At any time, in the City Council's discretion, the City Council may reassess the approved operator license agreement and its terms, consistent with the approved agreement.
F. 
The City Council approved pilot bike share program operator license agreement and its determinations under this section shall constitute the final decision of the City and shall not be subject to further administrative review.
G. 
Before bike deployment, the operator must execute a license agreement in a 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.
(Ord. 2019-02)
To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to having issued a pilot bike share program operator license or otherwise approving the operation of any bike or other shared mobility device. As a condition to the issuance of any pilot bike share program operator license or any bike or other shared mobility device, the operator shall at a minimum 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 pilot bike share 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 bike 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 pilot bike share program operator license agreement.
B. 
Maintain insurance at coverage limits, and with conditions thereon, as determined by the City Risk Manager as necessary and appropriate, including naming City of Encinitas 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 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. 2019-02)
The City shall monitor and assess the overall performance, safety and benefits of the pilot program and provide City Council with a report approximately one year after bike deployment. The report shall include, but is not limited to, recommendations whether to maintain, modify, eliminate the program or modify the program to expand City authorization of the use of other shared mobility devices or other developing clean modes of transportation. The report shall also address and recommend revisions to this chapter, if applicable.
(Ord. 2019-02)
A. 
Except for any bike authorized by the City Council under a City pilot bike share program license agreement, prohibited shared mobility devices that are rented, used, dropped, left, located, displayed, offered or made available for rent, or abandoned, in the public right-of-way, public area or is otherwise determined to constitute a public nuisance shall be subject to immediate impoundment by the City.
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 prohibited shared mobility device except upon demonstrating proper proof of ownership of the device and payment of applicable impound fees.
D. 
Any prohibited shared mobility device not retrieved from impound for more than 30 calendar days shall be deemed abandoned and may, in the City Manager's discretion, be destroyed or auctioned in accordance with applicable state law.
(Ord. 2019-02)
A. 
Any person who violates any provision of this chapter, shall be guilty of an infraction or a misdemeanor, which shall be punishable pursuant to Chapter 1.08 of this Code.
B. 
Any person who violates any provision of this chapter, including any permit condition, shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.08 of this Code.
C. 
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. 2019-02)
In the event that any court of competent jurisdiction holds any section, subsection, paragraph, sentence, clause or phrase in this chapter to be unconstitutional, preempted or otherwise invalid, the invalid portion shall be severed from this chapter and shall not affect the validity of the remaining portions of this chapter. The City hereby declares that it would have adopted each section, subsection, paragraph, sentence, clause or phrase in this chapter irrespective of whether any one or more sections, subsections, paragraphs, sentences, clauses or phrases in this chapter might be declared unconstitutional, preempted or otherwise invalid.
(Ord. 2019-02)
In the event that any City ordinance or regulation, in whole or in part, adopted prior to the effective date of the ordinance codified in this chapter, conflicts with any provisions in this chapter, the provisions in this chapter will control.
(Ord. 2019-02)