Chapter 10.14
SHARED MICROMOBILITY DEVICES

Sections:

10.14.010    Operation of shared micromobility devices.

10.14.010 Operation of shared micromobility devices.

(a)    Definitions. As used in this chapter, the following shall apply:

Docked devices consist of shared micromobility devices such as a bicycle, electrical assisted bicycle, electric scooter, or other City-approved vehicle that can be rented from an automated station or “docking station” or “docks” and can be returned at the same station or another station belonging to the same system.

Dockless device means a bicycle, electric scooter, electrical assisted bicycle or other City-approved vehicle that does not require a fixed apparatus or infrastructure for its parking, receipt, or return.

Operator is a person authorized by the City to own and operate a shared micromobility fleet and service integrating on-board technology allowing a user to utilize either docked or dockless devices remotely in designated rights-of-way. The term includes any employee, agent or independent contractor hired by the operator.

Pilot means a preliminary study governed by a pilot agreement and conducted to evaluate factors related to the operation of shared micromobility in the City that include but are not limited to feasibility, duration, cost and adverse events, and improve upon study design prior to establishing a permanent permitting or licensing system.

Shared micromobility means a transportation option providing either dockless or docked devices for short term rental for point-to-point trips among multiple users where the devices are intended to remain in the public right-of-way, even when not being rented/used by a user; that are part of a shared fleet; and that uses smart-phone applications (“apps”) to locate, reserve, check out, and process payment for the use of those devices.

Shared micromobility device (device) means any lightweight, low-powered or human powered vehicular unit, including bicycles, electrical assisted bicycles and electric scooters, either dockless or docked, that is part of a shared fleet operating in the City.

User is any person that uses, rents, or rides a docked or dockless device and/or is a customer of the shared micromobility operator.

(b)    Shared Micromobility Operator Requirements.

(1)    The City Manager shall develop a shared micromobility operator pilot criterion, application process, and pilot requirements and define the period of performance to operate within the City’s right-of-way.

(2)    The City Manager is authorized to review and approve operator’s deployment plans for qualified operator(s) who submit applications to participate in the pilot within the City.

(3)    The City Manager shall promulgate additional regulations governing shared micromobility, which at a minimum requires operators to provide device safety features (such as lights and reflectors), follow established parking rules, meet operating and customer service performance standards, and perform data collection and reporting to the City that monitors performance and effectiveness of the pilot. Safety communication materials and application features must be preapproved by the City prior to launching.

(4)    The City Manager shall set requirements for operators to remove shared micromobility devices that are parked in inappropriate areas, rebalance the devices, and similar operator obligations and responsibilities.

(5)    Operators are required to provide proof of insurance of the types and at the levels determined by the City, indemnification, surety bonds, and cost recovery fees.

(6)    A pilot shall be subject to termination for noncompliance, including but not limited to operations that in the City’s discretion constitute a nuisance, dangerous condition(s) or for repeated violation(s).

(7)    The City Manager shall establish a process to determine well-planned, designated locations for dedicated parking spaces for shared micromobility devices in the City’s right-of-way.

(8)    The pilot is only valid for operations within designated City rights-of-way. An operator shall not restrict use of its fleet within certain geographical areas of the City unless approved by the City. Permission to operate devices outside the public right-of-way shall require advanced written permission of the property owner(s). Operators shall have a means of communicating to the user or customer when the device has been operated in non-permitted areas. The communication to the user shall be sent electronically at the conclusion of the trip.

(c)    Identification of Devices.

(1)    Devices are required to be individually numbered by the operator.

(2)    Devices are required to use a unique identifier sticker that is clearly visible to the user and the City. Such identifier must:

(i)    Be affixed to the vehicle stem;

(ii)    Be at least two inches high;

(iii)    Include that the particular device is allowed to be operated within the City;

(iv)    Include a toll-free telephone number and email address so a user and/or the public can report issues or make relocation requests.

(3)    Operators are required to provide an inventory list of device identification numbers to the City Manager prior to deployment within the City.

(4)    Fleet inventory shall be audited throughout the City-approved period of performance to ensure fleet size requirements are respected.

(5)    Operators are required to update the fleet inventory list monthly and are not allowed to deploy a device whose identification number is not filed with the City Manager.

(d)    Communications to Users/Customers.

(1)    All operators shall conspicuously include in the operator’s app’s information that:

(i)    Educates users or customers about safe use of the devices that are in the operator’s inventory; and

(ii)    Informs the users or customers of parking zones.

(e)    Use.

(1)    Every user of a device shall have all the rights and duties applicable to a rider of the same type of vehicle not included in a shared fleet system under this code, except as to special regulations in this chapter and except as to those provisions in which by their nature can have application.

(2)    No device shall be used to carry more persons at one time than the number for which it is designed and equipped.

(f)    Parking Requirements for Devices.

(1)    Devices shall be parked within dedicated parking zones which shall be adjacent to the curb in a parking lane of a roadway, and that are established and maintained solely at the cost of the operator. Dedicated parking zones shall be differentiated from other uses of the parking lane by pavement marking, delineators, wheel stops, flexible bollards or other City-approved material(s).

(2)    Devices may not be parked on sidewalks, unless there is an on-sidewalk dedicated parking zone that is differentiated from other uses of the sidewalk by pavement markings, delineators, wheel stops, flexible bollards or other City-approved material(s).

(3)    Devices shall be upright when parked.

(4)    Operators shall inform users on proper parking of devices.

(5)    Dedicated parking zones shall not impede access to utilities, or access from the street to the sidewalk.

(6)    The City Manager reserves the right to reduce the number of devices allowed to operate in the City and revoke the operator’s ability to operate, if such devices are found to be consistently parked improperly.

(7)    To maintain parking compliance, operators shall:

(i)    Provide a single point-of-contact (telephone number and email address) customer service line, available 24 hours and answerable by the local representative of the operator, for complaints regarding improper parking;

(ii)    List the contact information clearly on each device along with a unique identifying number as described in subsection (c) of this section;

(iii)    Resolve complaints within one hour Monday through Friday, 7:00 a.m. to 6:00 p.m., and within four hours on Saturdays and Sundays and after the weekday hours listed herein;

(iv)    Assign a unique complaint number for each issue to both the City and the person who reported the issue;

(v)    When a complaint is closed provide a response to the City and the person who reported the issue; and

(vi)    Provide sufficient operations and maintenance staff to address issues and remove improperly parked vehicles.

(g)    Areas of Operations for Devices.

(1)    Devices may be operated in a designated bicycle lane if one is present, or in a vehicle travel lane except for circumstances described below and elsewhere in Chapter 10.04 GJMC.

(2)    Devices may be used on City sidewalks unless otherwise posted to the contrary.

(3)    Devices may be used in City parks or trails owned or maintained by the City unless otherwise posted to the contrary.

(h)    Speed Limits for Devices.

(1)    No user shall ride a device in excess of 15 miles per hour when riding on a multiuse path.

(2)    No user shall ride a device in excess of a speed of six miles per hour when riding on a sidewalk.

(3)    Where the posted speed limit is more than 35 miles per hour or more and there is no designated bike lane, the device shall be operated on a sidewalk if available.

(i)    Safety. A user of a device in any public place within the City shall use the same in a careful and prudent manner and at a rate of speed no greater than is reasonable and prudent under the conditions existing at the place and time of operation, taking into account any posted speed limits, the amount and character of pedestrian traffic, grade and width of path, trail or right-of-way and condition of the surface therefor.

(j)    Advertising. Operators shall not display third party advertising on vehicles or parking zones without express approval from the City Manager.

(k)    Privacy. Each operator will be required to establish a privacy policy that safeguards user information and will be required to file a data privacy plan with the City. In addition, each operator shall be required to provide an electronic payment system.

(l)    Device Maintenance. Operator shall remove any inoperable device or any device that is not safe to operate as immediately as possible but no later than 24 hours after notification. Failure to do so may result in the revocation of the City’s consent/authority to operate in the City.

(m)    Data Sharing. Each operator shall be responsible for providing quarterly reports to the City displaying trip information including, but not limited to, the following:

(1)    Utilization rates.

(2)    Total downloads, active users, and repeat user information.

(3)    Total trips by day of week and time of day.

(4)    Origin and destination information for all trips.

(5)    Trips per device.

(6)    Average trip distance.

(7)    Trips originating in or destined for designated opportunity areas.

(8)    Parking compliance at designated zones and at transit and bus stops.

(9)    Incidents of theft and/or vandalism.

(10)    Complaints.

(11)    Number of users participating in discount programs disaggregated by program type (low income, students, etc.).

(12)    Accident/crash information.

(13)    Payment method information.

Complete data sharing requirements will be provided to approved operators. Operators shall comply with all data sharing requirements to remain in good standing. Failure to comply will result in termination of the pilot agreement.

(n)    Indemnification. Operators shall defend, indemnify, and hold harmless the City, its agents and employees for, from and against all liabilities, claims, judgments, suits or demands for damages to persons or property arising out of, resulting from, or relating to the services performed under the pilot, unless such claims have been specifically determined by the trier of fact to be the sole negligence or willful misconduct of the City. This indemnity shall be interpreted in the broadest possible manner to indemnify City for any acts or omissions of the permitted operator or its subcontractors either passive or active, irrespective of fault, including City’s concurrent negligence whether active or passive, except for the sole negligence or willful misconduct of City.

(Ord. 5084, 7-20-22)