(A) Administrative Rules and Regulations. A violation of this chapter subjects the person or company to penalties established in this chapter.
(B) License.
(1) In order for a company to deploy a motorized scooter in the city, the company must obtain a license from the Code Enforcement Department.
(a) Licenses expire annually and must be renewed 30 days prior to the expiration date of the annual renewal date.
(b) The company shall pay a license fee not to exceed $300 plus $10 per scooter per year.
(c) The company shall provide, at a minimum, the following information:
1. The maximum number of motorized scooters to be deployed within the city's corporate boundaries during the applicable license term;
2. Color photographs depicting the motorized scooter(s) which will show the model number;
3. A GPS or GIS-based map depicting the proposed service area of the motorized scooters; and
4. A customer service email address through which users and members of the public may contact the company and that will be displayed on each deployed motorized scooter;
(2) Each company is required to maintain liability insurance. A copy of the company's certificate of insurance must be provided to the Code Enforcement Department as a prerequisite to obtaining a license. The certificate of insurance shall name the City of Marion as a certified holder and shall notify in writing to the city upon cancellation.
(3) As a condition of its license, each 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 motorized scooters.
(4) As a condition of its license, each company shall require users to sign or check a box within its mobile application prior to use of the motorized 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 a motorized scooter.
(5) 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.
(6) Any company that intends to cease operations within the city prior to the expiration of its license must provide the city with at least 30 days written notice.
(7) The Code Enforcement Department may revoke a company's license for 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 motorized scooters.
(8) If the Code Enforcement Department denies a license submitted by a motorized scooter company, it shall issue a written finding indicating the reasons for the denial. Any motorized scooter company that has had its application denied may appeal the denial to the Marion City Court, provided that any such appeal is filed with the Court within 30 days of the Code Enforcement Department issuing its written findings.
(C) Motorized scooter restrictions.
(1) Each company shall only deploy motorized scooters that comply with the restrictions established in this division (C).
(2) A company shall retrieve and remove all motorized scooters that are inoperable or unsafe and shall immediately lock down the device upon notice of such conditions from any person, business, or the city.
(3) No person shall operate a motorized scooter in excess of 15 miles per hour within the city. Each company shall ensure that its motorized scooters are not capable of exceeding a speed of 15 miles per hour.
(4) All motorized scooters, both owned privately or by a company, shall be equipped with a lamp on the front and rear exhibiting light visible from at least 500 feet.
(5) Each company shall provide on its mobile application notice of the city's local regulations governing motorized scooters and the full text of the regulations to the Code Enforcement Department at time of license application.
(D) Rider restrictions.
(1) No person shall operate a motorized scooter unless that person is at least 15 years of age. No person under the age of 18 shall operate a motorized scooter without a valid form of identification (current school ID card with picture or government ID card issued by the Bureau of Motor Vehicles) and helmet.
(2) No more than one individual may operate or ride on a motorized scooter at a time.
(3) No person shall operate a motorized scooter while intoxicated, by alcohol or a controlled substance, in violation of I.C. 9-30-5.
(4) No person shall operate a motorized scooter while controlling an animal, whether by hand, leash, or alternate medium.
(Ord. 4-2021, passed 6-1-2021)