As used in this article, the following terms shall have the following meanings:
Bicycle parking space
means any space in the public right-of-way in which a shared micromobility device may be parked in compliance with this chapter.
Bicycle rack or rack
means a stationary fixture, including charging stations, intended to be used for securely attaching a shared micromobility device to prevent movement or theft.
City manager
means the city manager or designee.
Customer
means any person using a bicycle- or scooter-share device.
Director of community development
means the city's director of community development department or designee.
Director of public works
means the city's director of public works or designee.
Shared micromobility device
means a bicycle, electric bicycle, or scooter that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform.
Shared micromobility device fleet
means all shared micromobility devices operated by a specific shared micromobility device provider.
Shared micromobility operator
means a person or entity that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a) 
No person shall operate a shared micromobility device business unless the person holds a valid shared micromobility device business permit issued pursuant to this article, and enters into an agreement regarding the same, which shall constitute part of the permit.
(b) 
Shared micromobility device business permits are the property of the city and are not transferable.
(c) 
The city, in its sole discretion, may determine how many permit(s) to issue.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
An application for a shared micromobility device business permit or its renewal shall be filed with the department of public works on a form prescribed by the director of public works, approved by the city manager, and shall include, at minimum:
(a) 
The applicant's true name, address, and telephone number; and the true and fictitious name, address, and telephone number of the shared micromobility device operator;
(b) 
Written evidence that the applicant is an owner or legal representative of the bicycle-share business;
(c) 
The name, address, and telephone number of a local point of contact;
(d) 
A copy of a valid business license issued by the city;
(e) 
Proof of compliance with the insurance requirements set forth in this article;
(f) 
A nonrefundable shared micromobility device business permit application fee; and
(g) 
Such other material as the city manager or director of public works may require to carry out the purposes of this chapter.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a) 
The following fees are hereby established and imposed:
(1) 
Shared micromobility device business permit application fee;
(2) 
Shared micromobility device business permit renewal application fee;
(3) 
Shared micromobility device business fleet expansion fee.
(b) 
The amounts of the fees described in subsection (a) shall be established by resolution of the city council.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a) 
No shared micromobility device operator shall expand its shared micromobility device fleet beyond the permitted amount specified in the shared micromobility device business permit, until such expansion has been approved by the director of public works pursuant to this article.
(b) 
An application to expand a shared micromobility device fleet shall be filed with the department of public works on a form prescribed by the director of public works.
(c) 
Every application for expansion of a shared micromobility device fleet shall be accompanied by a nonrefundable fleet expansion fee.
(d) 
Notwithstanding any provision to the contrary in this chapter, the city reserves the right to limit the number of shared micromobility devices to be operated by the shared micromobility device operator, based on the projected impact to city streets, sidewalks, paths, driveways, doorways, and other avenues of vehicular and pedestrian traffic.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
A shared micromobility device business permit is renewable upon the filing and approval of a renewal application and payment of the nonrefundable permit renewal fee. The renewal application shall be on a form prescribed by the city manager.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
Except as provided in Section 6.05.130, a shared micromobility device business permit may be issued or renewed if there are no grounds for denial in accordance with Section 6.05.090, and after the director of public works has:
(a) 
Physically inspected the applicant's shared micromobility devices to ensure compliance with this article and applicable state laws; provided, however, that the director of public works may accept proof of compliance with this chapter and the applicable state requirements for operating a shared micromobility device in lieu of conducting an inspection; and
(b) 
Received a determination from the director of community development that the proposed shared micromobility device business location and storage location, if within the city, complies with applicable zoning regulations and other applicable laws; and
(c) 
Confirmed the shared micromobility device operator's compliance with the bicycle parking space requirement, pursuant to Section 6.05.110.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
The director of public works may deny an application for a shared micromobility device business permit or its renewal on the following grounds:
(a) 
The application is incomplete.
(b) 
The applicant is in violation of any provision of this article.
(c) 
The applicant is delinquent on any payment of money to the city, including any fees, fines, penalties, or taxes.
(d) 
The applicant has had its shared micromobility device business permit revoked within three years of the date the application was submitted.
(e) 
The applicant's operation of a shared micromobility device would be a threat to the public health, safety or welfare.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a) 
A shared micromobility device operator shall maintain at all times in full force and effect at its sole expense, the following minimum insurance:
(1) 
General liability for bodily injury, including death, of one or more persons, property damage, and personal injury. Coverage shall include all customers, and shall be at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars per occurrence and not less than five million dollars aggregate for all occurrences during the policy period.
(2) 
Automobile liability insurance providing protection against claims of bodily injury, including death, of one or more persons, personal injury, and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles. Coverage shall be at least as broad as ISO CA 00 01 (any auto), with limits of not less than one million dollars per accident.
(b) 
The city, its officials, and employees shall be covered by policy terms or endorsement as additional insureds regarding general liability and automobile liability arising out of activities performed by or on behalf of the shared micromobility device operator.
(c) 
The shared micromobility device operator's insurance coverage shall be primary insurance as it pertains to the city, its officials, and employees.
(d) 
The city must be provided with thirty days' prior written notice of cancellation or material change in the policy language or terms by both the shared micromobility device operator and the insurer.
(e) 
The shared micromobility device operator shall furnish the city with certificates and endorsements evidencing the insurance required, which must be maintained during the term of a shared micromobility device business permit. The city may suspend, modify, or revoke a shared micromobility device operator's vehicle permit if current certificates of insurance and required endorsements have not been provided.
(f) 
Notwithstanding the above, the city may, in its sole discretion, determine that different or greater insurance requirements are necessary for the public health and safety.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a) 
No person shall operate a shared micromobility device business unless and until they have provided and maintain at least one and one-half bicycle parking spaces in the city for every shared micromobility device bicycle to be operated by the shared micromobility device operator, as approved by the city. The bicycle parking spaces shall be provided on bicycle racks that satisfy the city's bicycle parking standards, to the satisfaction of the director of public works. Notwithstanding the above, the city manager may waive the parking requirements in this subsection.
(b) 
In approving a shared micromobility device operator's proposed bicycle parking spaces, the director of public works shall consider, and may condition approval, on the following:
(1) 
The proposed size, materials, and location of the bicycle racks, consistent with all applicable zoning requirements and city regulations;
(2) 
The placement of the racks so as not to obstruct the public's use of the sidewalk and/or street;
(3) 
Any other conditions as may be necessary for protection of the public safety and welfare.
(c) 
The installation of shared micromobility device parking spaces and bicycle racks in the city are subject to encroachment permit requirements, as set forth in Section 35.01.040 of this Code, which may be issued in accordance with the requirements set forth in this section.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
A shared micromobility device operator, or authorized agent, shall, within ninety minutes of notice from the city, retrieve their shared micromobility devices that are in any of the following conditions:
(a) 
Shared micromobility device that are inoperable or not safe to operate, and parked in the public right-of-way;
(b) 
Within downtown, a shared micromobility device that is not locked to a bicycle rack in an upright position, or that otherwise violates city bicycle parking and use regulations;
(c) 
Shared micromobility devices with a battery or motor determined by the city to be unsafe for public use.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
The director of public works may suspend, revoke, or modify any shared micromobility device business permit issued pursuant to this article on any of the following grounds:
(a) 
That the permitted shared micromobility device business is being operated in a manner that constitutes a nuisance, or is injurious to the public health, safety, or welfare;
(b) 
The operation of the shared micromobility device violates any condition of the permit or city approved application and plans, including any conditions or requirements imposed in an encroachment permit obtained for providing device parking spaces;
(c) 
The shared micromobility device operator fails to pay any fines, penalties, fees or damages lawfully assessed upon it;
(d) 
The shared micromobility device operator violates any provision of this article or any other applicable law;
(e) 
The shared micromobility device operator fails to collect its shared micromobility devices from the city within thirty calendar days of receiving written notice from the city of impoundment pursuant to Section 6.05.150 of this Code; or
(f) 
Circumstances that would have been grounds for denial of the permit application.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
Any applicant or permittee aggrieved by a decision of the director of public works in denying, suspending, modifying or revoking a permit, or imposing conditions on the issuance of a permit or permit renewal, may appeal the decision to the city manager in accordance with the following procedures:
(a) 
Appeal to city manager or designee.
(1) 
Any applicant or permittee who desires to appeal a decision of the director of public works may appeal the decision by submitting a written appeal to the city manager within ten calendar days from the date of service of the notice of denial, suspension, modification, revocation, or conditioned approval or renewal. The written appeal shall contain:
(A) 
A brief statement in ordinary and concise language of the specific decision or condition protested, together with any material facts claimed to support the contentions of the appellant;
(B) 
A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;
(C) 
The signatures of all parties named as appellants and their official mailing addresses; and
(D) 
The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
(2) 
Upon receipt of a timely filed appeal, the city manager may hire or appoint a hearing officer or may serve as the hearing officer.
(3) 
Upon receipt of any appeal filed pursuant to this section, the hearing officer shall calendar it for hearing within fifteen calendar days.
(4) 
Written notice of the time and place of the hearing shall be given at least seven calendar days prior to the date of the hearing to each named appellant either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address(es) shown on the appeal.
(5) 
Failure of any person to timely file an appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and decision, or any portion thereof.
(6) 
Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.
(7) 
In the case of a suspension, modification, or revocation of a permit or permit renewal, the permittee may continue to conduct bicycle-share business operations during the pendency of any appeal.
(b) 
Hearings—Generally.
(1) 
At the time set for hearing, the hearing officer shall proceed to hear the testimony of the director of public works, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically raised by the appellant in the notice of appeal.
(2) 
The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.
(3) 
The hearing officer may, upon request of the appellant or upon request of the city, grant continuances from time to time for good cause shown, or upon his or her own motion.
(4) 
In any proceedings under this article, the hearing officer has the power to administer oaths and affirmations and to certify to official acts.
(c) 
Conduct of hearing.
(1) 
Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
(2) 
Oral evidence shall be taken only upon oath or affirmation.
(3) 
Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.
(4) 
The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
(5) 
Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case or on reconsideration.
(6) 
Each party shall have these rights, among others:
(A) 
To call and examine witnesses on any matter relevant to the issues of the hearing;
(B) 
To introduce documentary and physical evidence;
(C) 
To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
(D) 
To impeach any witness regardless of which party first called the witness to testify;
(E) 
To rebut the evidence presented against the party; and
(F) 
To represent him, her, or itself or to be represented by anyone of his, her, or its choice who is lawfully permitted to do so.
(7) 
In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments.
(d) 
Form and contents of decision—Finality of decision.
(1) 
If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit, the hearing officer shall affirm the director of public works' decision to deny, suspend, modify, revoke or condition the permit. Following the hearing and after reviewing the testimony and evidence presented at the hearing, the city manager shall issue a decision, or if the city manager appointed a hearing officer, the hearing officer shall issue a recommendation to the city manager, regarding the propriety of the director of public works' determination. The decision or recommendation shall be in writing and shall contain findings of fact and a determination of the issues presented. The city manager shall accept, amend and accept, or reject a hearing officer's recommendation.
(2) 
The city manager's determination of the appeal shall be final.
(3) 
The final decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be delivered to the appellant personally or sent by certified mail to the address shown on the appeal within ten business days following the conclusion of the hearing.
(4) 
The decision shall be final when signed by the city manager and served as provided in this section.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a) 
The city may impound shared micromobility devices that are not retrieved by the shared micromobility device operator pursuant to Section 6.05.120 or as provided for in the Vehicle Code. The city may impound devices immediately if the device is obstructing the sidewalk or presents a public safety concern.
(b) 
If the city incurs any costs for impounding shared micromobility devices pursuant to this section, the shared micromobility device operator shall reimburse the city for the costs of impoundment within thirty calendar days from the date of written notice of the impoundment from the city.
(c) 
In addition to the remedies provided in this section, the shared micromobility device business permit may be revoked or suspended for failure to collect the impounded shared micromobility device after thirty calendar days from the city's written notice of impoundment.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a) 
In addition to any other remedy allowed by law, any person who violates a provision of this article may be subject to criminal sanctions, civil actions, and administrative penalties pursuant to Article 1.02 of this Code.
(b) 
Violations of this article are hereby declared to be a public nuisance.
(c) 
All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this article.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a) 
Shared micromobility devices that are electric bicycles and scooters as defined in California Vehicle Code shall be equipped with software or other mechanisms to prevent the motor from providing assistance when the device's speed exceeds fifteen miles per hour.
(b) 
Shared micromobility device operators shall additionally ensure that customers are informed of the following:
(1) 
Customers shall use bicycle and scooter share devices in accordance with all applicable city ordinances, regulations, and state law applicable to bicycles and electric bicycles.
(2) 
Within the downtown, customers shall properly secure shared micromobility device bicycles to racks, and shall not leave a shared micromobility device bicycle unattended and lying on its side on any portion of a sidewalk, street or highway so as to obstruct pedestrian or vehicular travel. Shared micromobility devices parked outside of downtown are permitted to park on the street perpendicular to the curb, like a motorcycle.
(3) 
Customers under age eighteen are required by California law to wear a bicycle helmet.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)