A person may only operate an electric scooter upon the streets, bike lanes, sidewalks, linear paths or thoroughfares of the City of Battle Creek if it is driven and operated in compliance with all requirements of this section. In addition, a person who owns or controls an electric scooter shall only permit it to be so driven or operated if the device is in compliance with all of the requirements of this section.
(a) Each electric scooter must be equipped with the following in working condition:
(1) A proper braking system.
(2) A speedometer.
(3) An electric scooter being operated on a roadway between 1/2 hour after sunset and 1/2 hour before sunrise shall be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear that shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
(4) Any other equipment required to comply with all applicable federal and state laws.
(b) Each commercial shared electric scooter owner shall, at all times, keep each electric scooter device clean and free of refuse and in safe operating condition. For any condition found, or that should have been found due to reported information that will prevent the safe operation of the electric scooter, the owner shall immediately remove the device from service and correct the condition before the shared electric scooter is returned to service.
(c) Each licensee of a shared electric scooter fleet shall at all times maintain a policy of bodily injury and property damage liability insurance for the exclusive operation of shared electric scooters including:
(1) 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;
(2) 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;
(3) Umbrella or excess liability coverage with a limit of no less than five million dollars ($5,000,000.00) each occurrence/aggregate; and
(4) Where licensee employs persons within the City, Workers' Compensation coverage of no less than the statutory requirement.
The policy shall directly protect the City of Battle Creek, its officers and employees and agents as additional named insureds, and shall provide that the insurance be primary insurance and that no other insurance purchased or owned by the city will be called on to contribute to a loss covered by said policy. The policy shall further provide ten days' notice of cancellation or material change to the City Risk Management department. Evidence of insurance coverage must be provided before any license is issued. Prior approval of the City of Battle Creek is required. Each owner shall further agree to hold the city harmless for any liability or claim arising out of licensee's operation that is not covered by the required insurance. Any deviation from the listed insurance coverage is subject to the approval of the City of Battle Creek.
(d) Fleet size/caps. Licensees shall target an initial fleet size of 100 shared electric scooters based on suitable operating conditions, averaged weekly. 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 and updates the information on the fleet size to the City Clerk.
(e) Indemnification.
(1) Each licensee agrees 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 license provided that such claim, damage, loss, or expense is:
A. Attributable to personal injury, bodily injury, sickness, death, or destruction of property, including the loss of use resulting therefrom, or breach of contract, and
b. 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.
(2) 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.
(f) Each commercial shared electric scooter owner must file an application and business information form with the City Clerk prior to operation as provided for in Section 819.04 of this Chapter. The City Clerk shall provide the application forms.
(g) 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 (ADA).
(h) In the event a safety or maintenance issue is reported for a licensee's specific device, that shared electric scooter 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.
(i) Within licensees' zone of operation, licensees shall respond to reports of incorrectly parked shared electric scooters, shared electric scooters continuously parked in one location for more than seventy-two hours, or unsafe/inoperable shared electric scooters by relocating, re-parking, or removing the shared electric scooters, as appropriate, within twenty-four hours of receiving notice, except that licensees shall respond within four hours of receiving notice in emergency situations.
(j) In the event a licensee does not timely respond, and the condition of the shared electric scooter cannot be easily remedied, such shared electric scooters 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 dollar ($20.00) per shared electric scooter, per each seven consecutive day period it remains stored.
(k) Licensees shall provide notice to all riders that:
(1) Shared electric scooters are to be ridden on streets, and where available, in bike lanes and bike paths, the linear path, and on sidewalks only as permitted in this Chapter;
(2) Shared electric scooters are to stay to the right of street lanes and to offer the right-of-way to bicycles on bike lanes and bike paths;
(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.
(l) Shared electric scooter riders are required to take a photo whenever they park their scooter at the end of a ride taken from a vantage point to identify the location where parked.
(m) Licensees shall provide education to shared electric scooter riders on the City's existing rules and regulations, safe and courteous riding, and proper parking.
(n) Any minimum geographic deployment requirements shall reflect measurable and documented input from local community members, businesses, and community-based stakeholders and organizations. Licensees will 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.
(Ord. 05-2021. Passed 5-4-21.)