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.
"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)
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)
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)
A pilot bike share program operator license agreement 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. 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)
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)