Chapter 10.53


10.53.001    Purpose.

10.53.002    Definitions.

10.53.003    Administrative regulations.

10.53.004    Prohibited conduct.

10.53.005    Pilot bike share program operator.

10.53.006    Impoundment of devices.

10.53.007    Removal of bike racks.

10.53.008    Enforcement.

10.53.001 Purpose.

Consistent with the city’s goals of enhancing mobility and access, easing traffic congestion, and promoting sustainability, this chapter initiates a pilot bike share program to evaluate the impact of shared mobility alternatives within the city while ensuring the protection of public health and safety, including 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. 20-08 § 2, 2020.)

10.53.002 Definitions.

For the purposes of this chapter, the following terms shall have the meanings assigned to them below:

A. “Abandoned” means leaving any item unattended for any length of time.

B. “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 the operator under the master services agreement. A bike shall meet the safety standards outlined in the International Standardization Organization (ISO) 43.150 – Cycles; the standards outlined in Part 1512 (Requirements for Bicycles) of Subchapter C of Chapter II of Title 16 of the Code of Federal Regulations; and the standards established in California Vehicle Code Section 21201, including for lighting during operation, or equivalent recognized standards and requirements. If powered, a bike shall be limited to “class 1” or “class 2” electric bicycles, as defined in the California Vehicle Code Section 312.5.

C. “City manager” means the city manager, or his or her designee.

D. “Master services agreement” means that certain validly executed and current master services agreement by and between the San Gabriel Valley Council of Governments and the operator.

E. “Operator” means a single person or business entity authorized by the city to operate the pilot bike share program pursuant to this chapter.

F. “Pilot bike share program” shall mean a pilot program establishing a single operator under the master services 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.

G. “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.

H. “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.

I. “Public right-of-way” means any public alley, parkway, public transportation path, roadway, sidewalk, trail, pathway, or other way, lane, court, public property, including, but not limited to, those private areas adjacent to public property, boulevard, or street that is owned, granted by easement, operated, or controlled, as the same now or may hereafter exist, by the city.

J. “Restricted areas” means any areas within the city that have been deemed off limits to bikes that are a part of the pilot bike share program for use and/or parking. (Ord. 20-08 § 2, 2020.)

10.53.003 Administrative regulations.

The city may, in its discretion, develop and adopt, by resolution, administrative regulations to implement the provisions of this chapter, which may include regulations relating to lawful conduct, prohibited conduct, restricted areas, public safety, data sharing, data privacy and/or the timely removal of hazards. (Ord. 20-08 § 2, 2020.)

10.53.004 Prohibited conduct.

Notwithstanding any other provision of this code, no person, including the 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 public right-of-way or a public area in a manner that:

1. Obstructs travel upon, or blocks access to, a public area or public right-of-way;

2. Violates the Americans with Disabilities Act of 1990 or any other disability access and path of travel laws, requirements, and/or regulations;

3. Poses a public safety hazard or nuisance; or

4. Is otherwise prohibited by applicable local, state, or federal laws or administrative regulations.

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 noncommercial use, ownership, or operation of a mobility device within city limits. (Ord. 20-08 § 2, 2020.)

10.53.005 Pilot bike share program operator.

A. The city manager is authorized to allow the operator to deploy bikes within designated city locations.

B. The city manager may impose any and all conditions that are determined necessary to effectuate the purposes of this chapter, consider accessibility of any public area and public right-of-way, consider the availability of public space for shared use by all, and protect the city and the health, welfare, and safety of the public.

C. The city manager may establish the number, location, technical requirements, and mode(s) of the bikes.

D. At any time, in the city council’s discretion, the city council may reassess the approved operator, consistent with the approved master services agreement.

E. Before bike deployment, the operator must execute the master services agreement in a final form, comply with all master services agreement conditions, provide evidence of insurance as required by this chapter and the master services agreement, and obtain a city business license. (Ord. 20-08 § 2, 2020.)

10.53.006 Impoundment of devices.

A. Except for any bike authorized by the city council under the pilot bike share program, prohibited mobility devices that are rented, used, dropped, left, located, displayed, offered, or made available for rent, or abandoned, in the public right-of-way or public area, or are 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 mobility device except upon demonstrating proper proof of ownership of the device and payment of applicable impound fees.

D. Any prohibited 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. 20-08 § 2, 2020.)

10.53.007 Removal of bike racks.

A. Any bike rack or other bike share facility installed, used, or maintained in violation of the provisions of this chapter may be removed or stored in any convenient place by any officer of the city. The city shall give written notice of the violation at least 10 calendar days prior to removal by attaching a notice of violation to the bike rack or bike share facility, and mailing such a notice to the owner of the bike rack or bike share facility. The owner, or his, her, or its representative, may challenge the existence of the alleged violation at any time during the 10-day period by requesting an informal administrative hearing.

B. The cost of removal and/or storage by the city of any bike rack or bike share facility subject to this chapter shall be chargeable as a civil debt to the owner thereof and may be collected by the city in the same manner as it collects any other civil debt or obligation. (Ord. 20-08 § 2, 2020.)

10.53.008 Enforcement.

A. Any person who violates any provision of this chapter shall be guilty of an infraction or a misdemeanor, which shall be punishable as provided in CMC 1.16.010.

B. Any person who violates any provision of this chapter, including any permit condition, shall be subject to administrative fines and administrative penalties as provided in CMC 1.16.015.

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. 20-08 § 2, 2020.)