HomeMy WebLinkAbout5608-07.19.2021Prepared by Martin Petersen, City Attorney, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319) 291-4327.
ORDINANCE NO. 5608
AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE
OF ORDINANCES BY REPEALING CHAPTER 8, SHARED
MOBILITY DEVICE LICENSE, TITLE 3, BUSINESS LICENSE
AND REGULATION AND ENACTING IN LIEU THEREOF A NEW
CHAPTER 8, SHARED MOBILITY DEVICE LICENSE, TITLE 3,
BUSINESS LICENSE AND REGULATION .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA AS FOLLOWS:
That Title 3, Business License and Regulations, of the City of Waterloo, Code of
Ordinances be amended by repealing Chapter 8, Shared Mobility Device License, Title 3,
Business License and Regulation and enacting in lieu thereof a new Chapter 8, as follows:
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:
ELECTRIC- Electric -assist bicycles as defined by section 6-2-1.
ASSIST
BICYCLES:
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.
RIDER: Any individual that pays to operate a shared mobility device.
SHARED A device weighing less than one hundred fifty (150) pounds, which has (i)
ELECTRIC has handlebars and an electric motor, (ii) is solely powered by the electric
SCOOTER: motor and/or human power, and (iii) has a maximum speed of no more than
twenty (20) miles per hour on a paved level surface when powered solely by
the electric motor.
SHARED Shall mean any self-service vehicle made available by an individual or
MOBILITY business for a fee, for shared use to individuals on a temporary basis that is
Ordinance No. 5608
Page 2
DEVICE:
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 scooters
and electric bicycles, as defined by subsection 6-2-1A. (Ord. 5601, 6-1-
2021)
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. (Ord. 5601, 6-1-2021)
3-8-3: SCOPE:
This chapter applies to any proposed deployment of a shared mobility device within the city's
jurisdictional boundaries. (Ord. 5601, 6-1-2021)
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. (Ord. 5601, 6-1-2021) Licensee shall not operate within boundaries
established by a special event or events held on city property.
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 chapter and any other conditions (including insurance,
indemnity, and performance bond) established by the city clerk. 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. The name and contact information of the local manager if the local manager is
not the applicant.
2. The type and number of shared mobile devices to be used.
3. A certificate of insurance and indemnification agreement as required in sections 3-8-11
and 3-8-12 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) business 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 five hundred dollars
($500.00), and have a renewal cost of two hundred dollars ($200.00) per year thereafter.
Ordinance No. 5608
Page 3
Application fees are due at the time of filing the application and are not refundable. Once the
license is issued, the licensee shall be required to pay to the city five cents ($0.05) per ride
purchased by a rider on a quarterly basis. All outstanding fees owed to the city must be paid in
order to receive and maintain a license.
F. Change In Application Information: Upon any change in any of the information required to
be submitted as part of the application, the licensee shall, within five (5) business days of such
change, notify the city clerk in writing and provide the updated information. (Ord. 5601, 6-1-
2021)
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, the license shall be approved by the city council and 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 two (2) shared mobility device licenses.
B. Term of License: An initial license shall be issued for a period of two (2) years. Following
the initial license period, a new license may be issued for a period of one year. (Ord. 5601, 6-1-
2021)
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. Licensees shall
require all riders certify they are age eighteen (18) or older. Hours of operation shall be 4:00 a.m.
to midnight.
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.
C. Fleet Size/Caps: Licensees shall have an initial fleet size of one hundred fifty (150). The
City Council may 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 twenty-four (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 (24) hours a day,
seven (7) 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 time frames
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 seventy-two (72) hours, or unsafe/inoperable shared mobility devices by relocating, re -
parking, or removing the shared mobility devices, as appropriate, within twelve (12) hours of
receiving notice, except that licensees shall respond within four (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 twenty dollars ($20.00) 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
Ordinance No. 5608
Page 4
to bicycles on bike lanes and multi -use recreational trails.
3. Helmets are encouraged for all riders.
4. Riding responsibly is encouraged, and licensee will notify riders if repeated irresponsible
riding is reported and recorded with identifying rider information.
I. 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 one and one-half (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 certain permitted parking areas. 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. All staging areas must be approved by the city. (Ord. 5601, 6-
1-2021)
3-8-8: RIDER REGULATIONS:
A. Shared mobility devices shall be ridden on streets, and where available, in bike lanes and
multi -use recreational trails.
B. 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.
C. 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 (4') section of a sidewalk along the curb.
D. 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 (3') 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.
E. Riders may park shared mobility devices on blocks without sidewalks only if the travel
lane(s) and six-foot (6') pedestrian clear zone are not impeded.
F. Riders may park shared mobility devices on blocks without sidewalks only if the travel
lane(s) and six-foot (6') pedestrian clear zone are not impeded. (Ord. 5601, 6-1-2021)
3-8-9: RIDER PROHIBITED ACTS:
A. 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.
E. 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
Ordinance No. 5608
Page 5
shelters, transit information signs, etc.
5. Curb ramps.
6. Entryways.
7. Driveways. (Ord. 5601, 6-1-2021)
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.
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 3-8-5E. (Ord. 5601, 6-1-2021)
3-8-11: INDEMNIFICATION:
Apart from and separate from any insurance required under this chapter, the licensee and its
company agree to indemnify, defend and hold harmless city (and its officials, employees,
officers, agents, contractors, insurers, or assigns) 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 regarding any activity related to a shared mobility device
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'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
company's 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. (Ord.
5601, 6-1-2021)
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 one million dollars ($1,000,000.00) each occurrence and two million dollars
($2,000,000.00) aggregate; (b) automobile insurance coverage with a limit of no less than one
million dollars ($1,000,000.00) each occurrence and one million dollars ($1,000,000.00)
aggregate; and (c) where licensee employs persons within the city, workers' compensation
coverage of no less than the statutory requirement. Licensees' insurance shall also name city as an
additional insured on a primary and non-contributory basis, including a waiver of subrogation in
favor of city. A certificate of insurance shall be delivered to the city clerk prior to the issuance of
a license. Licensees are required to maintain insurance coverage throughout the duration of the
license. (Ord. 5601, 6-1-2021)
Ordinance No. 5608
Page 6
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 conformance with this section, a hearing shall be scheduled and conducted pursuant to
section 3-8-14. (Ord. 5601, 6-1-2021)
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. (Ord. 5601, 6-1-2021)
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 Or Scooters, 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. (Ord. 5601, 6-1-2021)
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. (Ord. 5601, 6-1-2021).
Ordinance No. 5608
Page 7
INTRODUCED: July 19, 2021
PASSED 1st CONSIDERATION: July 19, 2021
PASSED 2nd CONSIDERATION: July 19, 2021
PASSED 3rd CONSIDERATION: July 19, 2021
PASSED AND ADOPTED by this Council this 19th day of July 2021.
ATTEST:
Keie, -e/ch /e
Kelley Felchle, City Clerk
CERTIFICATE
Quentin Hart, Mayor
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. 5608 as passed and adopted by the City
Council of the City of Waterloo, Iowa, on the 19th day of July 2021.
SEAL
Witness my hand and seal of office this 19th day of July 2021.
Keller,
Kelley Felchle, City Clerk
*** Proof of Publication ***
Courier Communications
100 East 4th Street, Waterloo, Iowa 50703
Black Hawk County
I do solemnly swear that the annexed copy of notice was published in
the WATERLOO/CEDAR FALLS COURIER, a daily newspaper
printed in WATERLOO, Black Hawk County, Iowa, and that the
annexed rate of advertising is the regular legal rate of said
newspaper, and that the following is a correct bill for publishing said
notice.
Waterloo, City of- Legals
715 MULBERRY ST.
WATERLOO IA 50703
ORDER NUMBER 201291
r
/3� u:cL J C.,Z, 1 C(. ._.
Signed
Subscribed and sworn to before me this 0 day ofal,J, 20 . (.
-, it) ytei ) \i)( , I.
( ) - ' ' , t Lj ,k,(—C i
Notary Public
Received of
the sum of Dollars in full
for publication of the above invoice.
Notary Seal: JODI E MCK.BNISTRR
y;f cow ISSION N3.7a2a1v
, :
Section: Legals
Category: 950 Legal Notice
PUBLISHED ON: 08/04/2021
TOTAL AD COST: 310.28
FILED ON: 8/11/2021
*** Proof of Publication ***
ORDINANCE NO.5608
ORDINANCE AN ORDINANCE AMEND-
ING THE CITY OF WATERLOO CODE
OF ORDINANCES BY REPEALING
CHAPTER 8, SHARED MOBILITY DE-
VICE LICENSE. TITLE 3. BUSINESS
LICENSE AND REGULATION AND EN-
ACTING IN LIEU THEREOF A NEW
CHAPTER 8. SHARED MOBILITY DE-
VICE LICENSE, TITLE 3. BUSINESS
LICENSE AND REGULATION.
BE IT ORDAINED by the City Council of
the City of Waterloo.Iowa,that the City of
Waterloo Code of Ordinances is hereby
amended as follows:
That Title 3. Business License and
Regulations. of the City of Waterloo.
Code of Ordinances be amended by
repealing Chapter 8, Shared Mobility
Device License,Title 3,Business License
and Regulation and enacting in lieu
thereof a new Chapter 8,as follows:
3-8-t: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 Revoca-
tion 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:
ELECTRIC-ASSIST BICYCLES: Electric-
assist bicycles as defined by section
6-2-1.
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,manag-
ers,officers,principals,directors,owners,
contractors.representatives.or agents.
RIDER: Any individual that pays to
operate a shared mobility device.
SHARED ELECTRIC SCOOTER: A de-
vice weighing less than one hundred fifty
(150)pounds,which has(i) has handle-
bars 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 twenty(20)miles
per hour on a paved level surface when
powered solely by the electric motor.
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 scooters and electric
bicycles, as defined by subsection
6-2-1A.(Ord.5601.6-1-2021)
3-8-2: POLICY STATEMENT AND PUR-
POSE:
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.
(Ord.5601.6-1-2021)
3-8-3:SCOPE.
This chapter applies to any proposed
deployment of a shared mobility device
within the city's jurisdictional boundaries.
(Ord.5601,6-1-2021)
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.(Ord.5601.6-1-2021)
Licensee shall not operate within bounda-
ries established by a special event or
events held on city property.
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") frow
the city conditioned on compliance with
the provisions of this chapter and any
*** Proof of Publication ***
other conditions unciuding insurance.
indemnity.and performance bond)estab-
lished by the city clerk. 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 documen-
tation.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. The name and contact
information of the local manager if the
local manager is not the applicant.
2.The type and number of shared mobile
devices to be used.
3.A certificate of insurance and indemnifi-
cation agreement as required in sections
3-8-11 and 3-8-12 of this chapter.
4.Application tee 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) business 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 five hundred
dollars ($500.00), and have a renewal
cost of two hundred dollars($200.00)per
year thereafter.Application fees are due
at the time of filing the application and are
not refundable. Once the license is
issued.the licensee shall be required to
pay to the city five cents(S0.05)per ride
purchased by a rider on a quarterly basis.
All outstanding fees owed to the city must
be paid in order to receive and maintain a
license.
F. Change In Application Information:
Upon any change in any of the
information required to be submitted as
part of the application,the licensee shall,
within five (5) business days of such
change,notify the city clerk in writing and
provide the updated information. (Ord.
5601,6-1-2021)
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 investiga-
tion of the facts stated therein are correct,
the license shall be approved by the city
council and 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
two(2)shared mobility device licenses.
B.Term of License:An initial license shall
be issued for a period of two(2) years.
Following the initial license period,a new
license may be issued for a period of one
year.(Ord.5601,6-1-20211
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.Licensees shall require all riders
certify they are age eighteen(18)or older.
Hours of operation shall be 4:00 a.m. to
midnight.
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.
C.Fleet Size/Caps:Licensees shall have
an initial fleet size of one hundred fifty
(150). The City Council may allow
licensees to increase their fleet size cn 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 twenty-four
(24)hour customer service for customers
to report safety concerns, complaints.or
to ask questions. Licensees shall main-
tain a multilingual website. call center
and-or mobile app customer interface that
is available twenty-four(24)hours a day.
seven (7) days a week. The aforemen-
tioned 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 he made
*** Proof of Publication ***
unavailable to riders and shall be
removed within the time frames 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 devi-
ces,shared mobility devices continuously
parked in one location for more than
seventy-two(72)hours,or unsafe/inoper-
able shared mobility devices by relocat-
ing. re-parking. or removing the shared
mobility devices, as appropriate. within
twelve (12) hours of receiving notice,
except that licensees shall respond within
tour (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 rem-
edied.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 twenty dollars(S20.00)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-ot-way to bicycles on bike lanes and
multi-use recreational trails.
3.Helmets are encouraged for all riders.
4. Riding responsibly is encouraged,and
licensee will notify riders if repeated
irresponsible riding is reported and
recorded with identifying rider information.
I. 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 one and one-half(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 certain permitted
parking areas. 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. All staging areas must be
approved by the city. (Ord. 5601,
6-1-2021)
3-8-8:RIDER REGULATIONS:
A.Shared mobility devices shall be ridden
on streets, and where available, in bike
lanes and multi-use recreational trails.
B. 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.
C.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(4')section of a sidewalk along
the curb.
D. Riders may park shared mobility
devices in on-street parking spaces in the
following circumstances:
1. When marked parking spaces are
officially designated stat,ons for such
devices,
2.Where the furniture zone is less than
three feet(3')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.
E. Riders may park shared mobility
devices on blocks without sidewalks only
if the travel lane(s) and six-foot (6')
pedestrian clear zone are not impeded.
F. Riders may park shared mobility
devices on blocks without sidewalks only
if the travel lane(s) and six-toot (6')
pedestrian clear zone are not impeded.
(Ord.5601,6-1-2021)
3-8-9:RIDER PROHIBITED ACTS:
A. 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.
*** Proof of Publication ***
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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 entrancerexit 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.
E. Riders shall not park shared mobility
devices in the landscapeitumiture 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.
7.Driveways.(Ord-5601.6-1-2021)
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, sub-
ject 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.
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 3-8-5E.(Ord.5601,6-1-2021)
3-8-11:INDEMNIFICATION:
Apart from and separate from any
insurance required under this chapter.the
licensee and its company agree to
indemnify.defend and hold harmless city
(and its officials, employees, officers,
agents.contractors,insurers,or assigns)
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
regarding any activity related to a shared
mobility device 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's right to indemnifica-
tion shall be contingent on city notifying
company promptly following receipt or
notice of any claims:company shall have
sole control of company's 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.(Ord.5601,6-1-2021)
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 one million dollars (S1,000.000.00)
each occurrence and two million dollars
(52,000.000.00) aggregate: (b) automo-
bile insurance coverage with a limit of no
less than one million dollars
(S1,000.000.00)each occurrence and one
million dollars(S1,000.000.001 aggregate,
and(c)where licensee employs persons
within the city, workers' compensation
coverage of no less than the statutory
requirement. Licensees' insurance shall
also name city as an additional insured on
a primary and non-contributory basis.
including a waiver of subrogation in favor
*** Proof of Publication ***
of city.A certificate of insurance shall be
delivered to the city clerk prior to the
issuance of a license. Licensees are
required to maintain insurance coverage
throughout the duration of the license.
(Ord.5601,6-1-2021)
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(S50.00)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 conform-
ance with this section,a hearing shall be
scheduled and conducted pursuant to
section 3-8-14.(Ord.5601,6-1-2021)
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.(Ord.5601,6-1-2021)
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 Or Scooters,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.(Ord.5601.6-1-2021)
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 validly of this chapter as a
whole or any section. provision or part
thereof not adjudged invalid or unconstitu-
tional lOrd.5601.6-1-2021).
PASSED AND ADOPTED:his
19th day of July 2021,
Quentin Hart,Mayor
Attest:Kelley Felchle.City Clerk