(A) Definitions. The following words, terms and phrases when used in this section shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BICYCLE. That term as defined in the Michigan Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923, as amended.
ELECTRIC BICYCLE. That term as defined in the Michigan Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923, as amended.
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. That term as defined in the Michigan Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923, as amended.
ELECTRIC SKATEBOARD. That term as defined in the Michigan Vehicle Code, MCL 257.13f as a wheeled device that has a floorboard designed to be stood upon when riding that is no more than 60 inches long and 18 inches wide, is designed to transport only one person at a time, has an electrical propulsion system with power of no more than 2,500 watts, and has a maximum speed on a paved level surface of not more than 25 miles per hour. An electric skateboard may have handlebars and, in addition to having an electrical propulsion system with power of no more than 2,500 watts, may be designed to also be powered by human propulsion.
LOW-SPEED VEHICLE. That term as defined in the Michigan Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923, as amended.
MOTOR VEHICLE. That term as defined in the Michigan Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923, as amended.
SHARED MOBILITY DEVICE. Includes all bicycles, electric bicycles, electric personal assistive mobility devices, electric skateboards, low-speed vehicles, and any other small, wheeled vehicles that are not “motor vehicles” under the Michigan Vehicle Code.
(B) Permit required. Every person or business entity desiring to offer shared mobility devices including electric skateboards and “scooters” for public use in the City of Big Rapids must obtain a permit from the City Clerk to operate in the City of Big Rapids. A maximum of three permits may be issued or be in effect at any one time. Each permit will allow not more than 150 shared mobility devices in the City. Only one permit can be obtained by a person or business entity.
(C) Permit application procedure and requirements.
(1) An original permit. A permit to offer shared mobility devices for public use in the City of Big Rapids shall be requested by filing a Permit Application on a form provided by the City Clerk, paying an application fee of $250, providing a required bond and certificate of insurance and agreeing in writing to comply with all of the requirements of the City Code.
(2) No transfer. A permit to offer shared mobility devices for public use in the City of Big Rapids cannot be transferred.
(3) Device fees. A $10 fee per permitted shared mobility device shall be paid annually to the City when applying for a permit.
(4) Permit fee. Permits shall be for a period of up to one year, expiring at midnight on December 31, regardless of when the permit is issued, and may be renewed by filing a permit renewal application, bond, insurance and a permit renewal fee of $250 and the fees for each shared mobility device.
(5) Payment. Permit holders shall provide for payments for the use of shared mobility devices by cash, credit card, or smartphone.
(6) Hold harmless. The permit holder shall defend, hold harmless, release, and indemnify the City and its officers, employees, agents, volunteers and affiliated entities from all claims, damages, losses, expenses, attorney fees, or suits of any nature that arise from, are related to or that the City may be subjected to by reason or account of the permit, except to the extent due to the gross negligence or willful misconduct of the City’s officers, agents, or employees.
(7) Insurance. Each permit holder and applicant shall obtain and maintain liability insurance with minimum limits of $2,000,000 with the City a named primary insured, and shall furnish the City Clerk with proof of the insurance. For itself and any of its insurers, the permit holder waives any right of recovery against the City for damages covered by the permit holder’s insurance. The City shall be entitled to 30-days written notice of any cancellation or nonrenewal of the permit holder’s insurance.
(8) Bond. Each permit holder and applicant shall furnish the City a cash or surety bond or letter of credit of not less than $5,000 to insure the proper storage, parking, removal and disposal of its shared mobility devices in the City and to reimburse the City for actions necessary to correct improper storage, parking, use or disposal of the permit holder’s shared mobility devices.
(9) Serial number. Each shared mobility device shall be conspicuously marked with an unique serial or identification number, the permit holder’s contact information (including a 24-hour toll-free phone number and email address), and its unique branding. The permit holder must provide to and keep current (at least monthly) a list with the City of each shared mobility device, including its unique serial or identification number.
(10) License. Permits are a temporary license to leave, park or deposit shared mobility devices that are not “motor vehicles” under the Michigan Vehicle Code in the City public right of way.
(11) No grant. Permits shall not grant any right or interest in the City right of way and are not an easement, lease, or other interest in the City right of way or real estate.
(12) No recording. Permits shall not be recorded with the Mecosta County Register of Deeds or any other government agency except the office of the Big Rapids City Clerk.
(13) Revocation. Permits may be revoked by the City Manager after notice and an opportunity of the permit holder to be heard without court action or court order at any time for nonpayment of permit fees, failure to file a bond or letter of credit as required, failure to provide or maintain insurance as required, violations of the Michigan Vehicle Code or the Big Rapids City Code, or the permitted shared mobility devices causing a nuisance by three or more occurrences within 180 days of the City removing devices that are blocking the City right of way or private property from pedestrian or motor vehicle traffic. The revocation of a permit by the City Manager can be appealed to the City Commission by the permit holder by a written appeal filed with the City Clerk within 21 days of the revocation.
(14) Extension of insurance and bond. Insurance, bond, and indemnity obligations shall survive the expiration and/or termination of the permit.
(15) Compliance with laws. The permit holder shall be responsible for and guarantee that its employees, agents, and contractors, including independent contractors, and its users will comply with all applicable laws and the permit.
(16) Education. The permit holder shall provide educational information to its users and/or riders on the responsible and legal use of its shared mobility devices. The permit holder shall not allow the use of its shared mobility devices by third parties (users and/or riders) unless the users and/or riders have first reviewed the educational information.
(17) Parking. The permit holder’s shared mobility devices should be parked in an upright position and cannot be parked in any motor vehicle portion of any street, including parking spots and loading zones. The shared mobility devices shall not be parked in a way that blocks any driveway, curb ramp, fire escape, bus shelter or bus stop, driveway or doorway, or on any unauthorized private or public property. The City Manager or Police Chief may by order designate and mark parking or staging spots for shared mobility devices in the public right of way, including sidewalks and public parking lots.
(18) Entire City. Shared mobility devices must be available throughout the entire area of the City of Big Rapids.
(19) Maintenance. The permit holder shall maintain all permitted shared mobility devices in good and safe working condition and in compliance with all applicable laws and shall promptly remove from the City right of way any shared mobility device not in good and safe working condition.
(20) Abandonment. The permit holder shall promptly recover and take custody of all of its abandoned shared mobility devices.
(21) Seized devices. The City may seize and impound any shared mobility device that is operated, abandoned or parked in violation of law, this section, or the permit, with or without issuing a ticket, citation, or violation notice. Unless the City’s continued possession of the shared mobility device is necessary for evidentiary or investigatory purposes, the permit holder may recover possession of any seized or impounded shared mobility device upon the permit holder’s payment to the City of a $50 impoundment fee as partial reimbursement to the City for its costs related to the seizure and storage of the shared mobility device, which amounts shall be due and owing from the permit holder even if the permit holder elects not to recover possession. The City shall not be liable for damages to the permit holder for the City’s seizure or impoundment, or both, of any shared mobility device.
(22) Restricted areas. The permit holder shall disable or reduce the maximum operating speed of its shared mobility devices when operating on the City’s Riverwalk Trail, and any other restricted area within the City designated by the City Manager within 30 days of written notice to the permit holder.
(23) Notices. All notices or other correspondence or communications required or related to a franchise permit must be in writing and sent by both email and regular U.S. mail, postage prepaid. Notices provided by the permit holder to the City must be sent to the City Clerk. The permit holder at the time of application or renewal must provide the City with a contact person, including that person’s address, email, and phone number to whom the City may send notices.
(D) Violation and penalty. Any violation of any provision in this section shall be a municipal civil infraction, subject to payment of a civil fine as set forth in § 10.97(E).
(Ord. 783-02-22, passed 2-21-22)