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It is unlawful to operate a pedal bus that is wider than 84 inches (7 feet), longer than 240 inches (20 feet) or designed to carry more than 18 persons.
It is unlawful to operate a pedal bus unless currently insured by a reputable insurance company with a policy providing coverage for each and every pedal bus owned, leased, or operated; covering injury to or death of persons in accidents resulting from any cause, and damage to the property of another. The minimum insurance shall not be decreased below the flowing minimum limits: $1 million per person, $2 million aggregate for bodily and property damage per accident.
When operating within the public right-of-way, every entity offering or managing small vehicles as part of shared active transportation service, including but not limited to bike-share and electric scooter-share programs, must comply with the requirements outlined in this section. Equity-focused programming options for vulnerable and underserved populations are required. Twenty (20) percent of the fleet’s small vehicles must be deployed in Census Tracts with a score of .6-1 in the City’s Social Vulnerability Index map.
(Ord. 2018-021; Am. Ord. 2024-022)
The administration shall create a city-wide permitting process including, but not limited to, the following provisions for shared active transportation entities. Notwithstanding the requirements set forth in this section, the City reserves the right to deny a permit request for any reason.
(Ord. 2018-021; Am. Ord. 2024-022)
(A) Every entity operating a shared active transportation program within the City limits must have an active City business license.
(B) Prior to offering any small vehicle service within any public right-of-way, every entity operating a shared active transportation program within the City limits must receive city approval to operate within the right-of-way. In order to be eligible for approval, each entity must provide:
(1) Proof of liability insurance that names the city as an additional insured, and demonstrating minimum coverage as required by the City.
(2) The contact information of a locally-based manager or operations staff member who can respond to city requests, emergencies, or other issues at any time.
(3) A listing of every location where the shared mobility stations are to be placed, including scaled diagrams, if applicable. Approval from the City must be obtained for each mobility station location. The City reserves the right to deny a location for present and future municipal or safety reasons.
(C) For all non-publicly funded programs, the City shall charge a fee for the following items. The City may reduce any applicable fees if the permit applicant is able to verify they provide equity and inclusion programming to offer low-income customers a reduced operating fee and alternative options for payment and accessing the services:
(1) Each permit application shall be $4,000.00 annually.
(2) An annual fee for each station (if applicable), authorized by the City within any city owned property, public space, or right-of-way shall be $40.00.
(3) An annual fee per small vehicle in service shall be $75.00.
(4) An established $0.10 per trip fee.
(5) An annual application fee of $150.00.
All funds collected from subsection 8-3-5-3(C) shall be use for infrastructure improvements related to pedestrian and share active transportation movement and the City’s costs related to maintenance and oversight of any shared active transportation.
(D) The following data and privacy standards shall be applicable:
(1) Each system shall provide new users an in-app, email, and text notice upon initial user registration outlining that a variety of data, including location data and individual trips taken, is collected and used for service, operational, or marketing purposes if applicable. The notice shall direct users to a full privacy policy.
(2) System data collected by each company shall be provided to the City on a regular basis in a format and time schedule as agreed upon by the City.
(3) The City retains the right to request aggregate data on system use and aspects of system operation including but not limited to parking complaints, damaged or lost small vehicles, and reported crashes.
(E) Each City approval shall be valid for a period of five years, and, upon approval of the City, may be renewed in one-year increments, unless terminated by the City. The City shall conduct an annual review to ensure compliance set forth in § 8-3-5-1. If any company is found to be in violation of the provisions set forth in § 8-3-5-1, the City may take appropriate actions, including but not limited to revocation of the operating permit.
(F) It is unlawful for any shared active transportation company to offer or manage small vehicles except in conformance with the requirements of these §§ 8-3-5-1 et seq. Any violations of these §§ 8-3-5-1 et seq. are subject to the penalty provisions of § 1-1-99, and further subject to any other penalties or remedies provided by law or in equity.
(G) All shared active transportation companies will be required to cap all small vehicles at 1,000 units within the boundaries of operation in the City.
(Ord. 2018-021; Am. Ord. 2024-022)
Entities operating shared active transportation programs within the City limits shall comply with the following regulations. Non-compliance with these regulations may result in the revocation of their permit:
(A) Small vehicles shall not be parked on a sidewalk or any other place if the parking impedes normal and reasonable movement of pedestrian or other traffic and shall be placed at an existing, City-approved shared active transportation station, a bicycle rack, an approved shared demarcated drop zone, other permanent fixture meant for the placement of small vehicles, or in the landscaping/buffer area (as defined in § 6-5-5-4).
(B) Damaged, abandoned, or improperly placed small vehicles in the public right-of-way shall be removed within 24 hours of the local contact being notified of the improper placement. Failure to remove damaged, abandoned, or improperly placed small vehicles shall result in a fine, a minimum of $250 per small vehicle per day. Every small vehicle must have the ability to be remotely disabled in the case that it is reported to be damaged or unsafe for use.
(C) The City has the right to request the temporary removal of all small vehicles from specific locations in the event of emergencies, special events, or regular street maintenance. Removal under such conditions must take place within 24 hours of the request.
(D) The City shall have the right, but no obligation, to remove any abandoned, unattended or improperly placed small vehicle that is, in the sole opinion of the City, a safety hazard or an impediment to access ensured by the Americans with Disabilities Act. The City shall have the right to charge a removal and storage fee for any vehicles removed for these reasons.
(E) All small vehicles must comply with safety standards established by the Consumer Product Safety Commission or the American Society for Testing and Materials, and all other applicable federal, state, and city safety standards.
(F) All small vehicles must have, and clearly display, a unique, permanent identification number. Each small vehicle must have a visible customer service phone number.
(G) For all electric-assist small vehicles, the maximum motor-assist speed shall be 15 mph.
(H) Each entity must agree in writing to defend, save harmless and indemnify the City and any officer or employee of the City relating to any liabilities that may arise from the entity's operation of its shared active transportation program within the municipal limits.
(I) The shared active transportation operator must provide the City with the geofenced area of operation for approval.
(1) At the City’s request, operators must geofence special parking zones, special events, and other locations within 48 hours of notice.
(2) Operators must comply with geofencing requests to prohibit vehicle use in locations prohibited by the City.
(3) Operators shall include an in-app explanation of geofencing, both area designations and the process that is initiated if a user enters a restricted area.
(J) The shared active transportation operator shall provide contact information for local, on the ground empioyee(s) who will be available 24 hours per day, seven days a week to monitor the fleet on a daily basis, promptly respond to any issues that may arise, and deal with overall management of the fleet.
(Ord. 2018-021; Am. Ord. 2024-022)
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