(a) Permittees and their agents shall comply with all of the requirements of this chapter and any applicable state law, and shall conduct business in compliance with all applicable provisions of the Codified Ordinances.
(b) Permittees and their agents shall be responsible for maintaining all devices and associated equipment in good repair, and in a safe, sound, and non-hazardous condition.
(c) Permittees and their agents shall obey any lawful order of a police officer to remove their shared mobility devices from the public right-of-way if necessary to avoid congestion or obstruction in an emergency.
(d) Permits shall be maintained by the permittee in such a manner that they are readily accessible on request from a City official. Each permit shall contain the following information:
(1) The name and address of the Permittee;
(2) A description of the permitted mobility device type and minimum and maximum permitted fleet size;
(3) The expiration date of the permit; and
(4) Any other information the Director deems appropriate.
(e) Any device and other associated equipment placed in a public sidewalk, court, alley, street, or other public right-of-way without a permit issued under this section may be seized and removed. Prior to such seizure and removal, the permittee shall be notified and asked to immediately begin to remove the devices and associated equipment, and to complete the removal within a reasonable amount of time. If the permittee fails to remedy the violation, the city may seize and remove the equipment.
(f) The permittee shall maintain insurance and limits of liability, the amounts to be specified in the Director's rules and regulations, at no cost to the City of Cleveland.
(g) If a permit is granted, permittee shall agree to indemnify the City of Cleveland against liability, loss, or damage.
(h) Any damage to City of Cleveland property from shared mobility devices shall be paid by the permittee.
(i) No permit shall be transferable in any manner.
(j) No permittee has the exclusive right to operate within the City of Cleveland.
(k) When any device or other associated equipment placed on a public sidewalk, court, alley, street, or other public right-of-way poses a risk or inhibits access to the right of way by other users, the permittee shall be notified and asked to immediately begin to remove the devices and associated equipment, and to complete the removal within a reasonable amount of time. If the permittee fails to remedy the violation, the City may seize and remove the equipment.
(l) Any device that is parked in one location for more than seven (7) consecutive days without moving may be seized and removed by the City.
(m) Notwithstanding any other provisions of this chapter, the City may seize any device and other associated equipment, whether placed with or without a permit, without prior notice if the equipment is placed in such a place or manner as to pose an immediate and serious danger to persons or property, or if the condition of the equipment renders it unsafe, unsound, or hazardous so as to pose an immediate and serious danger to persons or property. After seizure, the City shall promptly notify the permittee, and such individual shall have the right to request an informal hearing before the Director within ten (10) days after such notification to determine whether the seizure was proper.
(n) Notwithstanding any codified ordinance to the contrary, police officers are authorized to provide for the removal of a mobility device located in the public right-of-way in violation of the provisions of this chapter.
(o) As a condition of recovering any equipment seized pursuant to this section, the permittee shall pay an impound fee covering the actual cost to the City of transporting and storing such device and other associated equipment.
(Ord. No. 464-2019. Passed 6-3-19, eff. 7-5-19; Am. Ord. No. 396-2020. Passed 6-3-20, eff. 6-9-20)