(A) Administrative Rules and Regulations.
(1) BPW&S may adopt administrative mules and regulations to implement the provision of this chapter.
(2) No person or company shall violate BPW&S' administrative rules and regulations. Any violation of the same shall constitute a violation of this chapter and shall subject the person or company to penalties established in this chapter.
(B) License.
(1) In order for a company to deploy an E-scooter in the city, the company must obtain a license from the office of the Clerk-Treasurer, hereinafter the "Administrator," Licenses expire annually and must be renewed prior to expiration.
(2) The company shall pay license fees not to exceed $300. The City may amend the license fees at any time which amended fee shall take effect on the next occurring April l.
(3) Each company is required to maintain liability insurance in amounts not less than $500,000.00 per incident and $1,000,000.00 aggregate. A copy of the company's certificate of insurance must be provided to the Administrator as a prerequisite to obtaining a license. The certificate of insurance shall name the city as an additional insured party and shall not be cancellable without 30 days' prior written notice to the city. The city may amend this chapter to require higher limits of liability at any time without prior notice to the company, and in considering whether to amend the provisions with regard to the limits of liability, the city may request financial information from the company to determine an appropriate limit of liability. In no event shall the city require the company to provide a limit of liability higher than that required by any other entity to whom the city has issued or is considering issuing a permit under this chapter.
(4) As a condition of its license, company shall indemnify, defend, and hold harmless the city against any and all liability, actions, or claims resulting from the deployment, use, and operation of any of its E-scooters.
(5) As a condition of its license, each company shall require user to sign or check a box within its mobile application, prior to use of the E-scooter, which indicates that the user releases the city and its officials, officers, employees, representatives, and agents from any and all claims related to the deployment, use or operation of an E-scooter.
(6) The issuance of a license to a company does not create and shall not be construed to create a joint venture, employment relationship, or independent contractor relationship between a company and the city.
(7) The City Administrator may revoke a company's license for a good cause, which includes, but is not limited to the following:
(a) Failure to pay fines imposed within 30 days of notice;
(b) Violation of a condition of the license;
(c) Violation of any statute or ordinance governing E-scooter.
(8) Safety, conditions, and appearance; equipment.
(a) An E-scooter shall always be maintained in a reasonably clean and working condition.
(b) All E-scooters must meet all safety requirements as prescribed by the city.
(c) Every E-scooter shall have a unique ID number that is visible to the user and nearby pedestrians that clearly identifies both the company and the specific E-scooter.
(d) Every E-scooter shall have posted on it a notice to the user of the 24-hour telephone contact phone number and e-mail or website address of the company.
(e) Every E-scooter shall be equipped with a bell, horn, or other lawful sound signaling device.
(f) Every E-scooter shall be equipped with the following if able to operate after sunset and before sunrise:
1. A lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front; and
2. A lamp on the rear exhibiting a red light visible from a distance of at least 500 feet to the front; and
(C) E-scooter Restrictions.
(1) Each company shall only deploy E-scooters that comply with the restrictions established in this division (C).
(2) BPW&S may establish the number of E-scooters permitted for deployment from time-to-time.
(3) E-scooters may only be deployed in areas approved by the city.
(4) All E-scooters deployed by a company shall comply with the American National Standards Institute (ANSI), ASRM International, and Consumer Product Safety Commission standards, if applicable, as well as any additional standards required by BPW&S.
(5) A company shall retrieve and remove all E-scooters that are inoperable or unsafe and shall immediately remotely lock down the device upon notice of such condition from any person, business, or the city.
(6) No person shall operate an E-scooter in excess of 17 miles per hour within the city. Each company shall ensure that its E-scooters are not capable of exceeding a speed of 17 miles per hour.
(7) Each company shall provide on its mobile application notice of the city's local regulations governing E-scooters and the full text of said regulations.
(8) A company shall remove its E-scooters from all or any part of the public right-of-way when instructed by the city due to public safety concerns, including, but not limited to inclement weather, special events, or emergencies.
(D) Rider Restrictions.
(1) No person shall operate an E-scooter unless that person is at least 16 years of age and has a valid form of identification showing their age.
(2) No more than one individual may operate or ride on an E-scooter at a time.
(3) No person shall operate an E-scooter while intoxicated by alcohol or a controlled substance, in violation of IC 9-30-5.
(4) No person shall operate an E-scooter while controlling an animal, whether by hand, leash or alternate medium.
(Ord. 7-C-22, passed 5-24-22)