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HomeMy WebLinkAboutCouncil Packet - 5/17/2021 COUNCIL WORK SESSION May 17, 2021 Time indicated below Harold E. Getty Council Chambers RULES FOR WORK SESSION PUBLIC COMMENT Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The city council shall not receive any public comment during a work session. Roll Call Agenda, as proposed or amended Approval of Minutes Minutes of May 3, 2021, Council Work Session, as proposed. 4:00 p.m. Update from Grow Cedar Valley. Submitted By:Noel Anderson,Community Plaiming and Development Director 4:25 p.m. Discussion of ordinance amendments to allow e-scooters to operate in downtown Waterloo. Submitted By:Sandie Greco,Traffic Superintendent and Kelley Felchle,City Clerk ADJOURNMENT Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Minutes of May 3, 2021, Council Work Session, as proposed. City Council Meeting: 5/17/2021 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 5/5/2021 - 3:54 PM ATTACHMENTS: Description Type U Work Session minutes of May 3, 2021 Backup Material COUNCIL WORK SESSION May 3, 2021 3:20 p.m. Harold E. Getty Council Chambers Members present: Boesen, Amos, Feuss, Grieder, and Juon. Mr. Morrissey and Mrs. Klein arrived at 3:25 p.m. 159844 -Juon/Amos that the Agenda, as proposed, be approved. Voice-vote Ayes: Five. Motion carried. 159845 -Juon/Amos that the Minutes of April, 29, 2021, as proposed, be approved. Voice-vote Ayes: Five. Motion carried. Mrs. Klein and Mr. Morrissey arrived at 3:25 p.m. Objective: Discussion regarding RAGBRAI activities. Tavis Hall, Executive Director, Experience Waterloo, provided an overview of RAGBRAI activities planned. He explained the route that RAGBRAI will follow in order to bring riders to downtown Waterloo. Riders will be staying in Exchange Park and will be arriving there through the trails system. On the way out of town they will travel down Lafayette Street. The RAGBRAI organization committee will putting out educational marketing to help drivers understand where the riders will be traveling and help them understand that bicyclists are required by law to travel on the street. The number of food vendors will be limited downtown because the committee wants to encourage riders to patronize local businesses. May 15th they will be looking for 350 volunteers to help work the event along with event sponsorships. Mr. Morrissey questioned if communication will go out to churches on helping serve meals and breakfasts. Tavis Hall explained that communication will be flowing through Experience Waterloo and their media sponsor KWWL. Objective: Discussion on an agreement with Bird Rides, Inc. to provide e-scooters in the downtown area. Jessica Rucker, Main Street Waterloo, explained that they are looking to Kate Schumaker, Bird Rides, Inc., explained that their mission is to make cities more livable by providing a transportation alternative to the community. The company started in 2017 and are now in 150 cities globally. She provided an overview of the vehicles. They are capped at 15 mph,you have to download an app on your phone, and are geo-fenced to use the e-scooter within a specific location. The cost is averaging $5.00 per ride. The e-scooter does not have a dock, meaning they don't have to be returned to the original location. Clutter is part of their responsibility and they use education, discounts or rewards, and nudges to encourage proper riding behavior. The company would partner with someone who lives locally to be the fleet manager. They would want to launch on June 6, 2021, with 50 e-scooters and look to grow to 150 e-scooters. Mayor Hart questioned the liability to the city. Kate Schumaker commented that Bird would indemnify the City in the event of any incidences and will add Waterloo onto their insurance policy. Mr. Morrissey questioned what is the city's buy-in for the program. Page 2 Kate Shoemaker commented that there is zero cost to the city to get the program started and that they would be paying sales tax to the city for each of the rides. Mayor Hart questioned if the fleet manager would be hired locally. Kate Shoemaker confirmed. Mr. Morrissey questioned if this would involve city staff time. Kate Shoemaker commented that questions and complaints would be the bulk of the city staff time and that they will partner with the city to help prepare an announcement to the public or have the local news station cover it. The city can be as involved as it wants to be or not very involved at all. Mayor Hart commented that Jessica Rucker is leading the efforts with city staff for internal review of ordinances and policies as well as from other communities. Mr. Morrissey questioned if the e-scooters could travel anywhere or would there be established boundaries. Kate Shoemaker explained a boundary would be established around Waterloo and that it could be modified at any time. If scooters attempt to leave the boundary,the scooter would be stopped and the fleet manager would be notified. Micro boundaries within the broad boundary can also be implemented during special events when high foot traffic is greater. Jessica Rucker commented that the plan is to start this in downtown Waterloo then possibly look at expanding it to areas outside the community. Mr. Morrissey questioned how they deal with people riding these without a helmet. Kate Shoemaker explained that they highly encourage helmet use. The city can mandate helmet usage but that may discourage ridership. She explained that 15 mph is comparable to the average bicyclist is travelling. Mrs. Klein questioned if these are available 24 hours a day. Kate Shoemaker explained the standard hours of operation are 4:00 a.m. to 12:00 p.m. Those hours can be edited as needed. Mrs. Klein questioned if one employee is able to work those hours. Kate Shoemaker explained that one employee should be able to handle 100 Birds. If they need help they can hire someone but they are a contract employee with Bird. Mrs. Juon questioned if the Birds have no docking station, how is clutter managed. Kate Shoemaker explained the ways they encourage riders to park e-scooters in certain locations. Mr. Amos questioned if the program generates any revenue for the city. Kaite Shoemaker explained that sales tax and applicable per-ride fees and any business or license fees in the contract. Mr. Morrissey questioned how the scooters handle on gravel. He pointed to the new method of patching potholes, which leaves gravel on the road. Kate Shoemaker explained that you would not want to go down a full gravel street, but going over gravel is fine; you just don't want to hit deep pothole. However, the driver should be exercising care when driving. Page 3 Mr. Morrissey questioned what happens when someone is intoxicated while driving the Bird. Kate Shoemaker commented that laws governing operating vehicles while under the influence would apply. Jessica Rucker explained the next steps for rolling out the program,which include reviewing city ordinances and policies. Objective: Discussion regarding establishing an incentive plan for accessible, affordable childcare in Waterloo. Mr. Grieder introduced Mary Janssen of Child Care Resource &Referrals of Northeast Iowa. Mary Janssen, Children and Family Services Director of Child Care Resource & Referrals, shared information about issues surrounding child care within the community. In the last five years, 34% of childcare providers have left the field. Twenty-one hundred children in Black Hawk County need care versus the places providing care. The Black Hawk County Child Care Coalition has been working to tackle the issues. Mrs. Klein questioned how many providers are currently in Waterloo. Mary Janssen explained that the data was totaled by county but that she would work to break it down to Waterloo. Mrs. Klein questioned the process to become a registered childcare provider. Mary Janssen provided an overview of the process. Mr. Grieder provided an overview of the resolution, and explained that it asks Community Planning and Development to develop an incentive package for businesses to provide childcare to workers or for someone to start a childcare facility. Mr. Morrissey questioned who is involved in the Community Planning and Development department to work on this. Mr. Grieder explained that he would ask the department head to develop a plan on how to make the program work. Mr. Morrissey requested an explanation of the wording of the resolution. Mr. Grieder provided an overview of the language. Mr. Morrissey questioned what would stop non-registered people from raising an issue of that the program is not fair to them because it excludes them. Mr. Grieder explained that it should free up funds to get them into the registered system. Mrs. Klein commented on the impact this might have on grandparents who wish to provide care for their grandchildren without the state's interference. Mary Janssen commented that there is a big difference between being a grandma or friend providing care and someone providing unlicensed childcare in their home. Their organization promotes quality of care and safety for children. Another difference with registered vs. non- registered is they have agencies to help the registered providers. Mrs. Klein questioned how many deaths have been recorded at registered facilities. Page 4 Mary Janssen stated she does not have that figure available but knows the numbers are less than those deaths occurring in non-registered facilities. She will work on getting the figures to Mrs. Klein. Mr. Grieder clarified that the resolution is not a punishment for anyone. It is an incentive to help people provide childcare in Waterloo. Objective: Discussion of an ordinance amending the enforcement of fireworks. Mr. Boesen provided an overview of the changes proposed to the fireworks ordinance. He explained that any city employee who has the ability to write a ticket could write a ticket for fireworks. The ordinance allows tickets to be written year round as municipal infractions. Mrs. Klein commented that she eagerly supports this. Mr. Amos question if the city employee could write a ticket both on and off the clock. Mr. Boesen commented the city attorney could best answer that question, but he would think that they could only write tickets while they are on the clock. Mr. Morrissey commented that he has not yet seen a copy of the enforcement policy that was discussed two weeks ago and wants to see it by the next meeting. He questioned where it says that a police officer could not write a ticket year round currently. He also questioned the budgetary impact of having, for example, code enforcement employees write a citation for fireworks. Mr. Boesen explained the current language and how his proposed changes would help to clean that up. Objective: Discussion of an ordinance proposing changes to Title 9, Building Regulations, Chapter 12, Dangerous Buildings, of the City Code of Ordinances. Martin Petersen, City Attorney, explained that the proposed ordinance change is a deletion of an outdated code section. 159846 -Juon/Grieder that the meeting be adjourned at 4:45 p.m. Voice-vote Ayes: Seven. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Update from Grow Cedar Valley. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 5/5/2021 - 12:27 PM ATTACHMENTS: Description Type ❑ Presentation Backup Material SUBJECT: Update from Grow Cedar Valley. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Summary Statement/ Background Information: Neighborhood Impact: Data: Community Engagement Methods: Analysis and Strategies: Implementation,Accountability, and Communication:: Expenditure Required/ Source of Funds: Alternative: GROW CedarValley Business. Community.Offf Waterloo City Council Work Session — May 17, 2021 Cary Darrah CEO Lisa Skubal Vice President, Economic Development Will Frost Director of Talent Development Aaron Jarnagin Director of Marketing Wes James President TechWorks Campus Agenda 1. Opening Remarks C. Darrah 2. External Marketing & Business Growth L. Skubal 3. Talent Initiatives W. Frost 4. Live the Valley & Marketing A. Jarnagin 5. TechWorks Campus W. James 6. Closing Remarks C. Darrah 360 Westfield Ave,Suite 200,Waterloo, IA 50701 ♦ Ph: (319)232-1156 ♦ Fax: (319) 233-4580 www.growcedarvalley.com Warl te o o it c o u n it U p d ate NOVEMBER 2020 - MAY 2021 GROW CedarValley Business.Community.offft-a Grow Cedar Valley 360 Westfield Ave., Ste 200 Waterloo, IA 50701 319/232.11 S6 www.growcedarvalley.com Cary Darrah, President & CEO ca ryCa g rowceda rva I ley.com Waterloo Economic Development Results A fundamental part of economic development work is to attract new businesses and support existing businesses to diversify the economy and reduce the region's vulnerability. Grow Cedar Valley works very closely with the City's economic development staff and many other public and private partners with these collaborative efforts. Marketing Project Engage - 51 Target Industry Leads and 127 Total Leads Project Engage is a digital marketing project to promote the Cedar Valley to key decision-makers and businesses in our targeted industries. It was launched in January of 2021. Project Engage harnesses the power of social and digital marketing and the advanced targeting methods allowed by those platforms. We are able to promote our unique amenities and benefits to organizations all over the world and receive weekly reports of companies that access our website and our economic development-focused pages. Target Industry Lead Map The map (to the left) illustrates the locations of companies who engaged with our advertising and visited our website. IRTH. We also have the ability to review what pages RSCEUROPE a company looks at.The most reviewed economic development webpage is Talent & .,V. . Workforce,further showcasing talent and its prominent position in business leaders' minds. Target Industry Lead Map I' I .;I SOUTH _ ...... CAROLINA ALABAMA MOW@ The image (above) showcases a preview of the information we receive about a company. In this dashboard,we are able to gather company names, pages visited and soon will be able to review contact information. This tool has also proved useful as we can cross-reference our current leads, and identify their priorities through their use of our website, allowing us to tailor economic development conversations to address their interests. N1 Waterloo Economic Development Results Cont. Marketing Cont. Lead Generation • Identified and engaged 1,075 companies to generate 6 company leads that have expansion plans. • In November 2020, Grow Cedar Valley participated with a group of U.S economic development organizations to meet virtually with 6 companies regarding their expansion plans.All companies had long-term interests beyond two years. Other Economic Development Services • Pushed out IEDA Survey#3 - COVID recovery survey to existing businesses in ' r` ' E1. Black Hawk County generating over 200 Busin # responses. �,�• +t.i�. T f: • Published Industry Insights 2020 Existing 0 ate; Business Survey Report (see right). �. • Partnered with IDM/Strategic Marketing ; _� 0 Services at the University of Northern Iowa, Hawkeye Community College, and �'�. 6 f rofenale T Stie r � :�� Z IA! LZ Regional ED partners to lead and execute whwesaiereaee o■ � � g p Dther-io.sx the first Cedar Valley Wage and Benefits Survey in 14 years. Data collection will take Type place in May and June. Opportunities/Projects Capital Job External Existing Investment Potential Projects Projects New* $965M 471 8 0 Total Active $704M 2025 14 4 *Includes new projects occurring between the months of November 2020 through April 30 2027;some projects occurring during this timeline minus those that may have eliminated Waterloo during that same period. Note:Job Potential and Capital Investment won't correlate;some projects don't provide both or either figure. Information available depends on the project's stage;some projects are more advanced than others. i New Projects 01% Total Active Prospect Proposals/ mqqW Projects Info sent to leads (does not represent multiple communications) Waterloo Economic Development Results Cont. Existing Business Services to Waterloo Companies Information/services provided included discussion on expansion/retention and/or barriers such as workforce; including Business issues related to managing supply chain and businesses during Ic Services COVI D-19. Innovation Initiatives Partnered with Cedar Valley Techworks, Red Cedar, University of Northern Iowa, and Hawkeye Community College to partner on two important initiatives: Industry 4.0 Grow Cedar Valley started reaching out to Cedar Valley manufacturers to identify the level of factor innovation in place and the need to compete in the global economy. This includes opportunities and threats to supply chain needs.This initiative is based on the State's release of the "Seizing the Manufacturing 4.0 Opportunity:A Strategic Plan for Iowa's Manufacturing Industry" December 2020. Innovative Placemaking Identified community innovation needs over the next 15-20 years by surveying and meeting with businesses and communities across the Cedar Valley. Innovation supports the growth of existing businesses, regardless of industry sector, and creates a quality of life that aids in the recruitment and retention of the workforce. Wesjames Danny Laudick President Executive Director &TechWorks REDCEDAR CAMPUS 1110 Wes James, Danny Laudick, and Grow Cedar Valley's Vice President of Economic Development, Lisa Rivera Skubal, CEcD are working closely on these initiatives.The partnership has already generated valuable insight and opportunities from key players in the Cedar Valley. NI Waterloo Economic Development Results Cont. Airport Advocacy • Volaire Aviation continues to be retained for the ongoing support of air service retention and development efforts using privately raised funds. • An ALO marketing committee was formed and is currently working on the following items: o Website and branding redevelopment (teased at a recent Good Morning Cedar Valley) • Marketing plan for next six to nine months and relationship with Advance Aviation, a full-service marketing company for small and medium-sized airports o Loyalty program • TXE VALLEY Talent Attraction Impact of Live the Valley Y I Growth in Metrics Results Live the Valley relies on a steady stream of k By the new content, consistent advertising, and 11% Increase in engaging with our users on a continuous People Reached Numbers basis. (2.7M total) Recent Live the Valley articles focus on topics such as technologically focused companies, coworking space, and career- The metrics focused education. represent the increase in overall engagement since TUWrES MiGrAnON 17% Increase in last council report. Website Views (153K total) 9% Increase in Talent Leads (1.2Ktotal) Additional News & Updates This is Iowa The State Tourism Office and Iowa Economic Development Authority a..'♦n oil approached Grow Cedar Valley Staff to GtJT!`- 0�` learn more about the Cost of Living ��� ! Calculator on Live the Valley.They are 14Z v ; interested in creating a similar tool for . ���— •� their Iowa marketing campaign. 1' Use the QR code to the left to explore the Cost of Living Calculator. N1 Workforce Growth & Development Workforce Development, Progress, COVID-19 and a Revolution. Progress and COVID-19 A rapidly deployed vaccine has given new life to area businesses. Doors are opening, employees are returning to offices and innovation has emerged as the dominating factor. The Authors of the Global Diversity, Equity& Inclusion Benchmarks point out; "The world faced multiple layers of complex change - global economic disruption, growing inequality, the dangers of authoritarianism, and geopolitical fragmentation. We also witnessed an unprecedented outpouring of support for social justice around the world."These factors certainly remained true for the Cedar Valley. Grow Cedar Valley offers custom tours of the city to newcomers and/or prospects and their families to help them become acclimated to the area.Waterloo businesses have utilized this service when recruiting individuals for high-earning positions.This quarter,this service was provided to two new medical professionals. Business Support Community Tours As a service, Grow Cedar Valley helps Waterloo businesses by providing custom tours of the city to help newcomers and/or prospects and their families become acclimated to the area. These are usually high-earning positions.This quarter we provided this service to two new Medical Professionals. Technical Assistance Grow Cedar Valley met with and provides specific technical assistance to our area businesses. Technical assistance includes but is not limited to: • Talent recruitment • Developing current workforce • Develop and implement diversity, equity, and inclusion plans • Review application and hiring processes Workforce Growth & Development Cont. Programming Quality Pre-Apprentice Program (Ignite) This highly innovative program continues to set the pace in early workforce development. It is currently built around assembly training and is a major collaboration between John Deere,the Waterloo Community Schools, Hawkeye Community College, and other area manufacturing companies. This first quarter started with a pilot cohort of 7 high school seniors from the public High Schools in Waterloo.Although a smaller cohort for the pilot; the program is planned to be scaled to 30 students per semester.This program is located on the Tech Works Campus in Downtown Waterloo, a regional innovation hub and asset ONE Cedar Valley Grow Cedar Valley is a founding member of this collaborative effort that was born out of Future Ready Iowa.The focus of ONE Cedar Valley is on connecting new, prospective, and existing workers to resources that enable them to have successful employment within the Cedar Valley. ONE Cedar Valley also serves as a support,troubleshooting, and awareness team for local service providers. ONE Cedar Valley focuses on assisting workers and employers by being a resource that offers a concierge service/referrals for individuals/families seeking employment or holding fragile employment, and to support,troubleshoot, and champion front-line service organizations. To help individuals in the Cedar Valley succeed by overcoming and eliminating barriers to employment we are working to: • Empower and embrace underrepresented residents of the Cedar Valley. • Be intentional with efforts to create economic vitality in our Black community. • Deconstruct barriers to employment for all. • Champion hiring and cultural changes within area businesses. • Celebrate diversity and inclusion. • Continually expand the depth and breadth of our knowledge related to race, ethnicity, and gender in the workplace and community. • Create new best practices for community collaboration and unity. • This quarter ONE Cedar Valley went through the selection process and have hired Yeshi Abebe as the Project Coordinator. N1 Workforce Growth & Development Cont. Programming Cont. 24/7 Black Leadership Advancement Consortium Grow Cedar Valley partners with the 24/7 Black BLACK BUSINESS& THE CEDAR VALLEYGrow Advancement Consortium and the ENTREPREENEURSHiPACCELERATOP Minority Businesses and Entrepreneur Accelerator Program and Venture School. Recently,the 24/7 Black Leadership Advancement Consortium received a $200,000 grant from the Entrepreneurial Investment Award (EIA) program to support the accelerator.This award is given by the Iowa Economic Development Authority Board of Directors. The first cohort graduated 12 minority-owned businesses.This program has been a great success and has attracted the attention of the State of Iowa as they work to improve the business environment so that minority groups aren't restricted from growing. This partnership includes Grow Cedar Valley, Red Cedar, UNI's John Pappajohn Center, Waterloo Community Schools, and The City of Waterloo among others. Diversity Equity and Inclusion Black Hawk County Equity Initiative Grow Cedar Valley participates as a partner in this community-wide initiative focusing on the health of Black Hawk County led by the county's Health Department.This project started in 2019 and has featured almost a dozen community stakeholder meetings. Facilitated by the nationally known consulting company, Engaging Inquiry,this initiative has allowed us to gain clarity and find leverage so that we may act strategically regarding disparity in the community and how workforce equity relates to that disparity. Cedar Valley Non-Profit Anti-Racism Initiative Grow Cedar Valley partners in this initiative which discusses the function of non-profits in addressing racism in the community.This includes how and where resources are spent and how other non-profits meet to collaborate. Ec is INCLUSION Grow Cedar Valley Workforce Growth & Development Cont. Economic Inclusion Economic Inclusion Network Grow Cedar Valley's Economic Inclusion Network meets monthly to convene business leaders and other stakeholders to develop Economic Inclusion employment strategies and, feature work being done by other partners.This network serves as a catalyst, partner and, resource for inclusion in the workplace. The network averages 20-30 participants monthly with a featured partner presenting at each meeting.The network uses the Global Diversity, Equity& Inclusion Benchmarks as the standard for the measurement of the partners' current state and their advancement towards a more diverse, inclusive and, equitable workplace. Economic Inclusion Conference E� The Economic Inclusion Conference is Iowa's nclus n premier conference on Diversity, Equity and, ■• ENGAGE • EMPOWER • ACT Inclusion. This joint conference is between the University of Northern Iowa and Grow Cedar Valley and is made possible with the tremendous collaboration of other area stakeholders and organizations. 2021 brings about another opportunity for the Economic Diversity and Inclusion Summit. We will be hosting this year's Summit at the newly renovated 5 Sullivan Brothers Convention Center in Downtown Waterloo.This beautiful new venue is going to allow us to safely host an in-person event while integrating technology to make for a more robust Summit. The event planning committee has started meeting in anticipation of another successful event. Added Benefits Other Services to the City of Waterloo 0 0 Times the City's directory Ribbon Cuttings for jobs posted by the City of listing was searched on the Waterloo Waterloo on the Grow Cedar Grow Cedar Valley website Businesses Valley job board since last (over the last 12 months) update with 1,036 direct views Government Affairs & Advocacy Grow Cedar Valley staff attends Waterloo Council Meetings on a regular basis. When warranted, Grow Cedar Valley representatives have spoken in support of various economic and community development projects that are beneficial to the economic growth and the business community in Waterloo. Recent Government Affairs events include: November- Dustin Miller, Iowa Chamber Alliance GROW 1* December- Mike Ralston, Iowa Assoc of Business& Industry ,NI CedarValley January-Sen Bill Dotzler and Rep Pat Grassley Government Affairs February- Iowa Auditor of State Rob Sand March-Senator Craig Johnson April -Senator Eric Giddens and Rep Bob Kressig 195 business leaders and professionals attended recent Government Affairs events. GROW CedarValley Business.Community. ]mrg—� GrowCedarValley.com 360 Westfield Ave.Waterloo, IA Ste.200 319/232.1156 CITY OF WATERLOO Council Communication Discussion of ordinance amendments to allow e-scooters to operate in downtown Waterloo. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 5/5/2021 - 12:29 PM ATTACHMENTS: Description Type ❑ License Ordinance Backup Material ❑ Bicycle Ordinance Amendments Backup Material SUBJECT: Discussion of ordinance amendments to allow e-scooters to operate in downtown Waterloo. Submitted by: Submitted By: Sandie Greco, Traffic Superintendent and Kelley Felchle, City Clerk Recommended Action: Summary Statement/ Background Information: Neighborhood Impact: Data: Community Engagement Methods: Analysis and Strategies: Implementation,Accountability, and Communication:: Expenditure Required/ Source of Funds: Alternative: TITLE 3 CHAPTER 8 SHARED MOBILITY DEVICE LICENSE 3-8-1: DEFINITIONS: 3-8-2: POLICY STATEMENT AND PURPOSE: 3-8-3: SCOPE: 3-8-4: OPERATING AREA: 3-8-5: APPLICATION PROCEDURE, FEE, AND DURATION OF LICENSE: 3-8-6: ISSUANCE OF LICENSE: 3-8-7: OPERATING REGULATIONS: 3-8-8: RIDER REGULATIONS: 3-8-9: RIDER PROHIBITED ACTS: 3-8-10: DATA SHARING: 3-8-11: INDEMNIFICATION: 3-8-12: INSURANCE: 3-8-13: APPEAL: 3-8-14: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE: 3-8-15: PENALTY: 3-8-16: SEVERABILITY: 3-8-1: DEFINITIONS: For the purposes of this Chapter, certain terms and words are hereby defined: A. Electric-Assist Bicycles: Electric-Assist Bicycles as defined by Section 6-2-1. B. Operator: Any individual or business engaged in shared mobility device business regardless of whether the operator has received a license. An operator shall include employees, managers, officers,principals, directors, owners, contractors, representatives, or agents. C. Rider: Any individual that pays to operate a Shared mobility device D. Shared Electric Scooter: A device weighing less than 150 pounds, which has (i)has handlebars and an electric motor, (ii) is solely powered by the electric motor and/or human power, and (iii)has a maximum speed of no more than 20 mph on a paved level surface when powered solely by the electric motor. E. Shared Mobility Device: Shall mean any self-service vehicle made available by an individual or business for a fee, for shared use to individuals on a temporary basis that is displayed, offered, or placed for use on any public property and returned at the end of use on any public property. Shared Mobility Devices may include, but are not limited to, shared electric foot scooters. A "shared mobility device" shall not include a vehicle in service for a Transportation Network Company or a taxicab as regulated by Article 3-5A of this code, a shared mobility device rented from and returned to a brick and mortar business. Shared Mobility Devices may include,but are not limited to, shared electric foot scooters and electric bicycles. 3-8-2: POLICY STATEMENT AND PURPOSE: The purpose of this Chapter is to establish rules and regulations governing shared mobility device operators and riders within the City of Waterloo (the "City") and to ensure that such mobility sharing systems are consistent with the safety and well-being of bicyclists,pedestrians, and other riders of the public rights-of-way. 3-8-3: SCOPE: This Chapter applies to any proposed deployment of a shared mobility device within the City's jurisdictional boundaries. 1 3-8-4: OPERATING AREA: The city may, by resolution, establish boundaries for operating shared mobility devices and set maximum speed limits within those boundaries. Operators shall be required to conduct business within this operating area. 3-8-5: APPLICATION PROCEDURE, FEE, AND DURATION OF LICENSE: A. Any entity or individual seeking to operate a shared mobility device program within the City shall first obtain a shared mobility device license ("License") from the City conditioned on compliance with the provisions of this ordinance and any other conditions (including insurance, indemnity, and performance bond) established by the issuing official. No entity shall operate a shared mobility device program within the City except pursuant to such license and provisions (each such operator, a"Licensee"). B. Contents of Application: Applicants for a license under this chapter shall complete and submit to the city clerk an application, fee, and supporting documentation, all of which shall include but not be limited to the following information: 1. The name, address, and phone number of the applicant, along with at least one form of identification that includes a photograph of the applicant. The name, address and phone number of the business. 2. The type and number of shared mobile devices to be used. 3. A certificate of insurance as required in Section 3-8-10 of this Chapter. 4. Application fee as listed in Subsection E of this Section. C. Filing: Applications shall be filed with the city clerk's office. No application shall be accepted for filing and processing unless it conforms to the requirements of this chapter. This includes a complete and true application, all of the required materials and information prescribed, and the appropriate application fee. D. Timely Filing: An application must be filed at the office of the city clerk not less than fifteen (15) calendar days prior to the first day of operation for a new license or the expiration date of a shared mobile device license. The city reserves the right to reject any application not filed in a timely manner. E. Fees: The license shall last two years, have an initial annual cost of$500, have a renewal cost of$200 per year thereafter. Once the license is issued, the licensee shall be required to pay$0.05 per ride completed to the city on a quarterly basis. 3-8-6: ISSUANCE OF LICENSE: A. Issuance and Licensee Limits: If the city clerk finds the application is complete and made in conformance with Section 3-8-4 of this chapter, and upon investigation of the facts stated therein are correct, a license shall be issued. All outstanding fees owed to the city shall be paid prior to issuing the license. The city clerk shall issue a license to no more than three (3) shared mobility device licenses. B. Term of License: An initial license shall be issued for a period of two years. Following the initial license period, a new license may be issued for a period of one year. 3-8-7: OPERATING REGULATIONS: A. Except as otherwise provided herein, City shall regulate the operation of shared mobility devices in a manner no more restrictive than its regulation of shared bicycles. B. Licensees shall provide easily visible contact information, including toll-free phone number and/or e-mail address on each shared mobility device for City employees and/or members of the public to make relocation requests or to report other issues with devices. 2 C. Fleet Size/Caps: Licensees shall target an initial fleet size of an amount similar to other cities with comparable population. The City shall allow Licensees to increase their fleet size on a weekly/monthly basis in the event that Licensees provide data that supports increases in certain areas to meet rider demand for service. D. Licensees shall maintain 24-hour customer service for customers to report safety concerns, complaints, or to ask questions. Licensees shall maintain a multilingual website, call center, and/or mobile app customer interface that is available twenty-four hours a day, seven days a week. The aforementioned shall be compliant with the Americans with Disabilities Act. E. In the event a safety or maintenance issue is reported for a specific device, that shared mobility device shall be made unavailable to riders and shall be removed within the timeframes provided herein. Any inoperable or unsafe device shall be repaired before it is put back into service. F. Within Licensees' zone of operation, Licensees shall respond to reports of incorrectly parked shared mobility devices, shared mobility devices continuously parked in one location for more than 72 hours, or unsafe/inoperable shared mobility devices by relocating, re-parking, or removing the shared mobility devices, as appropriate, within 24 hours of receiving notice, except that Licensees shall respond within 4 hours of receiving notice in emergency situations. G. In the event a Licensee does not timely respond, and the condition of the shared mobility device cannot be easily remedied, such shared mobility devices may be removed by City crews with notice to Licensee and taken to a City facility for storage at the expense of the licensee, not to exceed$20 per shared mobility device. H. Licensees shall provide notice to all riders that: 1. Shared mobility devices are to be ridden on streets, and where available, in bike lanes and multi-use recreational trails; 2. Shared mobility devices are to stay to the right of street lanes and to offer the right-of- way to bicycles on bike lanes and multi-use recreational trails; 3. Helmets are encouraged for all riders; and 4. Riding responsibly is encouraged, and Licensee will notify riders if repeated irresponsible riding is reported and recorded with identifying rider information. 1. Licensees shall provide education to shared mobility device riders on the City's existing rules and regulations, safe and courteous riding, and proper parking. J. Licensees shall ensure service meets rider demand, and shall not be required to deploy in areas or zones where average ridership is below 1.5 rides/day. K. Licensee shall take reasonable steps to ensure that all riders understand the requirements of ADA accessibility and the importance of leaving ADA paths of travel clear and accessible. L. A Licensee may stage its shared mobility devices in permitted parking areas described in this section. To the extent a Licensee desires to stage shared mobility devices in areas other than the public right-of-way, the Licensee must first obtain the right to do so from the appropriate City department, property owner, or public agency. 3-8-8: RIDER REGULATIONS: WHAT YOU CAN/HAVE TO DO F. Shared mobility devices shall be ridden on streets, and where available, in bike lanes and multi-use recreational trails. 3 K. Shared mobility devices shall stay to the right of street lanes and to offer the right of way to bicycles in bike lanes and on multi-use recreational trails. Riders of shared mobility devices shall be eighteen(18) years of age or older. A. Riders of shared mobility devices shall park devices upright on hard surfaces in the furniture zone of the sidewalk,beside a bicycle rack or in another area specifically designated for bicycle parking, or on the street next to an unmarked curb. A furniture zone is defined as the outer four foot section of a sidewalk along the curb. G. Riders may park shared mobility devices in on-street parking spaces in the following circumstances: 1. When marked parking spaces are officially designated stations for such devices; 2. Where the furniture zone is less than three feet wide; 3. Where there is no furniture zone; 4. In neighborhoods with rolled curbs, or with inadequate sidewalk space; 5. In marked parking spaces designated for motorcycles. H. Riders may park shared mobility devices on blocks without sidewalks only if the travel lane(s) and 6-foot pedestrian clear zone are not impeded. H. Riders may park shared mobility devices on blocks without sidewalks only if the travel lane(s) and 6-foot pedestrian clear zone are not impeded. 3-8-9: RIDER PROHIBITED ACTS: J. Shared mobility devices shall not be ridden on sidewalks. B. Riders shall not park shared mobility devices in such a manner as to block the pedestrian clear zone area of the sidewalk; ADA paths of travel including accessible ramps, any fire hydrant, call box, or other emergency facility; bus bench; or utility pole or box. C. Riders shall not park shared mobility devices in such a manner as to impede or interfere with the reasonable use of any commercial window display, outdoor seating area, or access to or from any building entrance/exit doorway. D. Riders shall not park shared mobility devices in such a manner as to impede or interfere with the reasonable use of any bicycle rack. I. Riders shall not park shared mobility devices in the landscape/furniture zone directly adjacent to or within the following areas, such that access is impeded: 1. Transit zones, including bus stops, shelters,passenger waiting areas and bus layover and staging zones, except at existing bicycle racks; 2. Loading zones; 3. Disabled parking zone; 4. Street furniture that requires pedestrian access (e.g., benches,parking pay stations, bus shelters, transit information signs, etc.); 5. Curb ramps; 6. Entryways; and 7. Driveways. 4 3-8-10: DATA SHARING: A. City may require Licensees to provide anonymized fleet and ride activity data for all trips starting or ending within the jurisdiction of City on any vehicle of Licensee or of any person or company controlled by, controlling, or under common control with Licensee,provided that, to ensure individual privacy: 1. Such data is provided via an application programming interface, subject to Licensee's license agreement for such interface, in compliance with a national data format specification such as the Mobility Data Specification; 2. Such data shall be safely and securely stored by City which shall implement administrative,physical, and technical safeguards to protect, secure, and, where appropriate, encrypt or limit access to the data; 3. Such data shall be subject to publicly-available aggregation, retention, and privacy policies of Licensee and City; 4. Any such data provided shall be treated as trade secret and proprietary business information, and shall be exempt from public records requests and requests by third parties except with the consent of Licensee; and 5. Such data shall not be shared with law enforcement except pursuant to valid legal process. B. City shall require Licensee to provide such data to validate the quarterly completed ride fee payment listed in Subsection E of Section 3-8-5. 3-8-11: INDEMNIFICATION: The licensee and its Company agree to indemnify, defend and hold harmless City(and its officials, employees, and agents) from and against all actions, damages or claims, including reasonable attorneys' fees, (collectively, "Claims") brought against City for personal or bodily injury or death to any person, or damage or destruction of any property, arising out of or resulting from performance or breach of the [permit/license] provided that such claim, damage, loss, or expense is: (1) attributable to personal injury, bodily injury, sickness, death, or destruction of property, including the loss of use resulting therefrom, or breach of contract, and (2)not caused by the negligent act or omission or willful misconduct of the City or its elected and appointed officials and employees acting within the scope of their employment. City expressly acknowledges that in no event shall Company be liable for any special, indirect, consequential or punitive damages. City's right to indemnification shall be contingent on City notifying Company promptly following receipt or notice of any Claims; Company shall have sole control of any defense, including the ability to choose counsel; and City shall not consent to the entry of a judgment or enter into any settlement without the prior written consent of Company. 3-8-12: INSURANCE: Licensees shall provide City with proof of insurance coverage exclusively for the operation of shared mobility devices including: (a) Commercial General Liability insurance coverage with a limit of no less than $1,000,000.00 each occurrence and$2,000,000.00 aggregate; (b) Automobile Insurance coverage with a limit of no less than $1,000,000.00 each occurrence and $1,000,000.00 aggregate; and(c) where Licensee employs persons within the City, Workers' Compensation coverage of no less than the statutory requirement. 3-8-13: APPEAL: A person may appeal a decision of the city clerk to deny an application by filing a written appeal to the office of the city clerk within fourteen (14) days of the date of the decision. An administrative fee of fifty dollars ($50.00) shall be paid at the time the appeal is filed. Failure to file the appeal and pay the administrative fee shall constitute a waiver of the right to a hearing, and the decision shall thereupon become final. If the written appeal and administrative fee are filed in 5 conformance with this section, a hearing shall be scheduled and conducted pursuant to 3-8-12. 3-8-14: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE: A. Any application filed or license issued under the provisions of this chapter may be denied, suspended, or revoked by the city clerk as follows: 1. Violation of any provision of this chapter or any other section of this code or has otherwise conducted business in a negligent and or an unlawful manner. 2. Fraud, misrepresentation, or false statements made in securing a license. 3. Fraud, misrepresentation, or false statements made in the course of the applicant's business. 4. Failure to cooperate and with all reasonable requests of any official of the city. 5. Failure of any licensee to maintain the appropriate insurance, or county, state, and federal licenses and permits, during the term of the license. B. Upon receipt of information alleging grounds exist to suspend or revoke a shared mobility device license, or a written appeal and administrative fee have been received at the office of the city clerk,the city clerk shall cause a notice to be sent by ordinary mail to the applicant or licensee at the address noted in the application. Said notice shall state that a hearing has been set before the city council not less than thirty(30) days from the date of the notice. The notice shall include the reason and grounds for the hearing, the date and time of the hearing, and the place where the hearing will be conducted. The licensee shall have thirty (30) days from the date of the notice to remedy such grounds for the denial, suspension, or revocation. C. Upon such hearing, if the city council determines that one or more of such grounds do exist, it may suspend or revoke an existing license or uphold a decision to deny a license. A suspension shall constitute a minimum period of fourteen (14) calendar days from the date of the hearing, during which period the licensee may not conduct any business. In the event such license is revoked,no shared mobile device license shall be issued to the licensee for a period of one calendar year from the date of the revocation. The licensee shall have thirty (30) days to remove the licensee's fleet of shared mobility devices from the city's right-of-way. 3-8-15: PENALTY: A. Licensee: Any person who violates any of the provisions of this chapter shall be guilty of a municipal infraction and fined as provided in section 1-3-2 of this code. The provisions of this chapter relating to Section 3-8-6 shall apply to all shared mobile device operators whether or not they are a licensed mobile food business. B. Riders: Shared mobility device riders who violate Sections 3-8-8 or 3-8-9 of this chapter or any section of Title 6, Chapter 2 Bicycles, shall be guilty of a municipal infraction and fined as provided in Section 1-3-2 of this code. The parent or guardian of any person under the age of eighteen (18)who violates any of the provisions of this Chapter shall be responsible to pay the fines. A violation of any provision of this Chapter by a person under the age of eighteen(18) shall not affect any civil right or liability nor shall such violation be considered a criminal offense. 3-8-16: SEVERABILITY: If any section,provision or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. 6 ORDINANCE NO. 5495 MOTOR VEHICLES AND TRAFFIC, CHAPTER 2, BICYCLES OR MOTOR SCOOTERS OF THE CITY OF WATERLOO 2008 TRAFFIC CODE. 6-2-1: DEFINITIONS: A. BICYCLE OR ELECTRIC SCOOTER 1. Pedal-Only Bicycle: An upright or recumbent device having up to four (4) wheels and having at least one saddle or seat for the use of an operator, which is propelled by human power. a.) An upright bicycle is a bicycle placing the operator of the bicycle in a position above the pedals. b.) A recumbent bicycle is a bicycle that places the operator of the bicycle in a reclining position and behind the pedals. A recumbent bicycle requires a rear-mounted red or orange or yellow flag of minimum sixty inches (60") in height as measured from the ground. 2. Electric-Assist Bicycle: An upright or recumbent device having up to four (4) wheels which is fully operable by human power and/or an electric motor of less than seven hundred fifty watts (750 W) (1 horsepower) with the following characteristics: capable of producing a maximum speed, when operated on a paved level surface and while ridden by an operator whose weight is one hundred seventy (170) pounds of: a) twenty (20) miles per hour or less when powered solely by such a motor, or b) twenty eight (28) miles per hour when combined with human power; operators of electric-assist bicycles are required to be at least fifteen (15) years of age. 3. There are three (3) classes of electric-assist bicycles as defined below: a.) Class 1 (pedal assist) is a low-speed bicycle equipped with an electric motor that provides assistance only when the operator is pedaling and ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. Class 1 bicycles are not allowed on sidewalks. b.) Class 2 (throttled on demand) is a low-speed bicycle equipped with an electric motor that provides assistance when the operator is pedaling or when the operator activates and controls the motor manually, and the motor ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. Class 2 bicycles are not allowed on sidewalks. c.) Class 3 is a bicycle equipped with a speedometer and an electric motor that provides assistance only when the operator is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty eight (28) miles per hour. Class 3 bicycles are not allowed on multi- use recreational trails, or sidewalks. 4. Electric-assist bicycles shall not be customized to increase speed capabilities. 5. Electric Scooter: A device weighing less than 150 pounds which has (a) has handlebars and an electric motor (b) is solely powered by the electric motor (c) has a maximum speed of not more than 20 MPH and on paved level surface when powered safely by the electric motor. B. MULTI-USE RECREATIONAL TRAIL: Multi-use recreational trail shall mean a way or place for the use and travel of pedestrians and bicycles or other authorized conveyances, the use of which is controlled by the State, County or City and the identity of which is designated by the multi-use recreational trail map as updated periodically and approved by resolution of the City Council. No multiuse recreational trail shall be considered a street or highway. C. BICYCLE LANE: Bicycle lane shall mean a portion of street or highway signed and marked for exclusive use by bicycles or electric scooters. Other modes of travel shall not travel on bicycle lanes except for making legal maneuvers such as turning movements or as otherwise allowed by law or traffic control devices. D. PARKING PROTECTED BICYCLE LANE: Parking protected bicycle lane is installed next to the edge of the street and is separated from other roadway traffic by on- street parking. E. SIDEWALK: Sidewalk means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. (Ord. 5495, 6-10-2019) F. ROADWAY: Any street, sidewalk, highway, park road, bicycle lane or multi-use recreational trail upon which a bicycle or electric scooter does or may operate. 6-2-2: APPLICABILITY OF MOTOR VEHICLE AND TRAFFIC LAWS: Every person operating a bicycle or electric scooter upon any roadway shall be subject to this chapter, other City Traffic Ordinances, and State Statutes applicable to the drivers of motor vehicles, except as to special regulations in this chapter, except as to those provisions of ordinances and statutes which by their nature can have no application to bicycle or electric scooter operation, and except those provisions giving special treatment regarding police bicycles. (Ord. 5495, 6-10-2019) 6-2-3: RULES FOR RIDING: A. Attaching To Another Vehicle: No operator or passenger of a bicycle or electric scooter shall cling to or attach himself or herself, or his or her bicycle or electric scooter, to any moving vehicle. B. Additional Passengers: 1. The operator of a bicycle or electric scooter may carry or tow objects or another person on a device or accessory on multi-use recreational trails if the device or accessory was designed to meet the American Society for Testing and Materials (ASTM) standards for such purposes. 2. The operator of a bicycle or electric scooter may carry or tow objects or another person on a device or accessory on streets and highways, except where prohibited by other laws, if the device or accessory was designed and meets ASTM standards for such purposes and has a height of at least forty two inches (42") or, if the height is less than forty two inches (42"), is equipped with a rear-mount red or orange or yellow flag at a minimum height of sixty inches (60") as measured from the ground. A rear mounted red reflector or red light is required. C. Stopping: Every bicycle or electric scooter used upon a City roadway shall be able to safely come to a complete stop. D. Maintaining Control of Bicycle or Electric Scooter: The operator of a bicycle or electric scooter upon a roadway shall keep the bicycle under control at all times. (Ord. 5495, 6-10-2019 6-2-4: ALTERATION OF SERIAL FRAME NUMBER: It shall be unlawful for any person to willfully remove, destroy, mutilate, or alter the manufacturer's serial frame number of any bicycle or electric scooter. (Ord. 5495, 6-10- 2019) 6-2-5: BICYCLE OR ELECTRIC SCOOTER EQUIPMENT: A. Lights And Reflectors: Requirements for lights and reflectors are as follows: 1. Every bicycle or electric scooter ridden at any time from sunset to sunrise and at such other times when conditions such as fog, snow, sleet, or rain provide insufficient lighting to render persons and vehicles clearly discernable on a roadway at a distance of three hundred feet (300') ahead shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least three hundred feet (300') to the front and also a red light visible from a distance of three hundred feet (300') to the rear. 2. Body attachment equipment such as lights attached to the head, back, arm, or leg are allowed as long as white color is used on the front and a red color is used on back. If a rear red body attachment lamp is used then a red reflector attached to the bicycle or electric scooter is acceptable on the rear. 3. A citation issued for failure to have a front or rear lamp on a bicycle or electric scooter or on a bicycle rider or electric scooter operator as required shall first provide for a seventy two-hour period within which the person charged with the violation shall install, replace or repair the lamp. If the person complies with the directive to install, replace or repair the headlamp or rear lamp within the allotted time period, the citation shall be expunged. If the person fails to comply within the allotted time, the citation shall be processed in the same manner as other citations. 3. A peace officer riding a police bicycle is not required to use either front or rear lamps if duty so requires. B. Whistles and Sirens Prohibited: No siren or whistle shall be placed or used on a bicycle or electric scooter as a warning signal or for any other purpose. This subsection shall not apply to bicycles ridden by peace officers in the line of duty. (Ord. 5495, 6-10-2019) 6-2-6: OBEDIENCE TO TRAFFIC SIGNALS AND TRAFFIC CONTROL DEVICES: A. Obeying All Signs, Signals and Regulations: Every person operating a bicycle or electric scooter shall obey the directions of official traffic signals, signs and other control devices applicable to other vehicles, unless otherwise directed by a police officer, including but not limited to direction signs relative to turns permitted. If an operator dismounts from the bicycle or electric scooter he or she shall then obey the regulations applicable to pedestrians. B. Malfunctioning Lights: 1. If a bicyclist or electric scooter operator has stopped pursuant to encountering a solid red ball or a solid red arrow displayed by a highway traffic signal control light but the signal remains red more than two (2) minutes without any obvious reasons such as emergency vehicle preemption or railroad crossing preemption, and the bicyclist or electric scooter operator has a reasonable belief that the traffic signal is inoperative or non-responsive, the bicyclist or electric scooter operator may disregard or disobey the instructions of the signal and proceed through the intersection after yielding right-of-way to all conflicting traffic such as vehicles, bicycles, electric scooters, pedestrians, and other modes of travel provided that the bicyclist or electric scooter operator cautiously proceeds through the intersection or crosswalk with reasonable care and consideration for all other applicable rules of the road. 2. The provisions of this subsection B also apply to a bicyclist or electric scooter operator who has stopped pursuant to encountering a solid DONT WALK or solid upraised hand (symbolizing don't walk) indication displayed by a traffic signal control light. (Ord. 5495, 6-10-2019) 6-2-7: PLACE OF RIDING: A. Street or Highway with no Marked Bicycle Lane: Any person operating a bicycle or electric scooter on a street or highway without a marked bicycle lane must ride with the flow of traffic on the right side thereof, except under any of the following situations: 1. When riding along another vehicle or bicycle or electric scooter while overtaking or passing that vehicle or bicycle or electric scooter proceeding in the same direction. 2. When preparing for a left turn at an intersection or into a road or a driveway. 3. When avoiding any road condition that may affect the operation of bicycles or electric scooters, including but not limited to parked vehicles, drain grates, debris, fixed objects, surface hazards, and substandard width lanes that make it unsafe to continue along the right side of the roadway. 4. When travelling on a facility that would allow bicycle or electric scooter traffic on the left side of the roadway. 5. When a street has parallel-parked cars that, when doors are opened, could create a collision with the person riding a bicycle or electric scooter. 6. When an advanced stop line (i.e., a bicycle box) allows for bicyclists or electric scooter operators to filter to the front of a traffic lane at a traffic sign or signal and turn. 7. When a person is operating a bicycle or electric scooter upon a roadway which carries traffic in one direction only and has two (2) or more marked traffic lanes, the bicyclist or electric scooter operator may ride on the left traffic lanes. 8. When the bicycle or electric scooter is part of a parade or special event authorized by the City. B. Riding on Shoulder: Bicyclists or electric scooter operators may ride on the shoulder or a designated bicycle lane. C. Slow Moving Bicyclists or Electric Scooter Operators: Bicyclists or electric scooter operators operating on a roadway at less than the normal speed of traffic shall ride as close to the right curb or edge of the roadway as safe as practical. D. Bicycle Lane: 1. Any person operating a bicycle or electric scooter within a bicycle lane may move out of the lane unless prohibited by traffic control signs. 2. No person operating a bicycle or electric scooter shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal. 3. A bicyclist or electric scooter operator may ride against the flow of traffic in a bicycle lane designated for counter flow bicycle traffic. 4. No person shall drive a motor vehicle in a bicycle lane established on a roadway except as follows: a.) To park where parking is permitted. b.) To enter or leave the roadway. c.) To prepare for a turn within a safe distance from the intersection. d.) To yield to an approaching emergency vehicle. E. Operation on Sidewalk: Bicycles or electric scooters may be operated upon the public sidewalks if done in a careful and prudent manner except where signs are erected that prohibit riding on the sidewalk or when riding on a sidewalk is prohibited by other laws or ordinances. Riding on a sidewalk in the Central Business District is prohibited. (Ord. 5495, 6-10-2019) 6-2-8: PARKING: No bicycle or electric scooter shall be parked upon a street or sidewalk in such a manner as to interfere with free passage by the public. A bicycle or electric scooter may stop, stand or park on a sidewalk if not prohibited by this Code. (Ord. 5495, 6-10-2019) 6-2-9: SIGNALING TURNS: Bicycle or electric scooter operators shall use the following signals to indicate a turn or a slow/stop: A. Left turn: Left hand and arm extended horizontally to left. B. Right turn: Left hand and arm extended upward to the left. C. Stop or decrease of speed: Left hand and arm extended downward. (Ord. 5495, 6- 10-2019) 6-2-10: PASSING: A. Passing Maneuver: Bicyclists or electric scooter operators may overtake and pass another vehicle when it is safe to do so. Except as allowed under subsection 6-2- 7A of this chapter, bicyclists or electric scooter operators should always pass on the left except when the bicyclist or electric scooter operator is in a bicycle lane or there are two (2) or more lanes in the direction of travel, in which case passing on the right is permitted. To pass a motor vehicle, the bicyclist or electric scooter operator must first move to the left lane. After overtaking the motor vehicle, the bicyclist or electric scooter operator must return to the right lane once reaching a safe and clear distance in front of the vehicle. B. Audible Signal: Every person lawfully operating a bicycle or electric scooter upon a public roadway when approaching another mode of travel such as a pedestrian or another bicyclist or electric scooter operator shall produce a clear audible warning signal before overtaking and passing to warn the other party of the intention to pass. (Ord. 5495, 6-10-2019) 6-2-11: YIELD TO PERSONS IN CROSSWALKS: A person operating a bicycle or electric scooter shall yield the right-of-way to a pedestrian, bicyclist or electric scooter operator crossing the roadway or path within any marked crosswalk, or within any unmarked crosswalk at an intersection or multi-use recreational trail crossing. (Ord. 5495, 6-10-2019) 6-2-12: MOTORISTS: A. Yield To Persons In Crosswalk: A person operating a motor vehicle shall yield the right-of-way to a person, such as a pedestrian, a bicyclist, an electric scooter operator, a person on a skate board, etc., crossing the roadway or path within any marked crosswalk, or within any unmarked crosswalk at an intersection or multi- use recreational trail crossing. B. Separation From Bicycles or Electric Scooters: A motorist overtaking a bicycle or electric scooter proceeding in the same direction must allow a safe and reasonable separation between the vehicle, including any mirror or other projection, and the side of the bicycle or electric scooter of more than five feet (5'). A motorist overtaking a bicycle or electric scooter proceeding in the same direction may partially cross the highway centerline between two (2) lanes of travel if it can be performed safely and the more than the required distance of separation is obtained. The driver of the motor vehicle shall maintain that separation until safely past the overtaken bicycle or electric scooter. C. Driving Too Close: A person operating a motor vehicle shall not steer the motor vehicle unreasonably close to or toward a person riding a bicycle or electric scooter on a street, highway or park road, including the shoulder adjacent to the street, highway or park road. D. Projecting/Throwing Objects: A person shall not knowingly project or throw any object or substance at or against a person riding a bicycle or electric scooter on public roadway. E. Opening Doors into Moving Traffic: No person shall open any side door of a motor vehicle located on a street, highway or park road without first taking precaution to ensure that this action does not interfere with the movement of traffic or endanger any other person, vehicle, bicyclist or electric scooter operator. In addition, no person shall leave open any protruding side door of a motor vehicle located on a street, highway or park road for a period of time longer than necessary to load or unload passengers and cargo. (Ord. 5495, 6-10-2019) 6-2-13: VIOLATIONS: Violations of any provision of this chapter shall be punished by a fine as established by section 1-3-2 of this Code. The parent or guardian of any person under the age of eighteen (18) shall not authorize or knowingly permit any such person to violate any of the provisions of this chapter. The parent or guardian of any person under the age of eighteen (18) who violates any of the provisions of this chapter shall be responsible to pay the fines. A violation of any provision of this chapter by a person under the age of eighteen (18) shall not affect any civil right or liability nor shall such violation be considered a criminal offense. (Ord. 5495, 6-10-2019) 6-2-14: SEVERABILITY: If any section, provision or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. (Ord. 5495, 6-10-2019)