(a) It is unlawful for any person to commence or engage in the business of providing e-scooter rental or sharing services within the City without first obtaining a permit and entering into a permit agreement with the City.
(b) Each person or entity seeking a permit shall comply with all laws of the City of Portsmouth, the State of Ohio, and the federal government. Each person or entity seeking a permit shall obtain and maintain all applicable licenses and permits required by federal, state, and local laws, rules, regulations, and orders of regulatory bodies.
(c) Each person or entity seeking a permit shall comply with all rules and regulations established by the City Manager or his or her designee for the safe and effective administration, operation, and enforcement of the e-scooter rental and sharing services pursuant to Section 775.05.
(d) A person or entity seeking a permit shall not be relieved of the obligation to comply with all requirements of this chapter and the permit agreement by failure of the City to enforce compliance with such requirements.
(e) The City reserves its right to grant permits and similar rights to more than one (1) person.
(f) Each person or entity seeking a permit shall identify and mark each of its e-scooters located within the City with the person or entity seeking a permit's name so that they are easily identifiable.
(g) A person or entity seeking a permit providing e-scooter rental or sharing services is not and shall not be deemed to be an agent or employee of the City. A person or entity seeking a permit shall be solely responsible for any losses or damages of any kind arising from its performance or nonperformance under its permit. A person or entity seeking a permit shall indemnify, defend, and hold the City harmless against any and all claims and suits brought against the City resulting from the person or entity seeking a permit's performance or nonperformance under the permit agreement.
(h) The execution of the permit agreement and the issuance of a permit, and the renewal thereof, is at the sole discretion of the City Manager and shall not be construed as creating any vested rights in the person or entity seeking a permit. Each permit is revocable in accordance with the terms of this chapter and the terms of the permit agreement.
(i) A permit may not be assigned or transferred to another person.
(j) A permit authorizes a person or entity seeking a permit to provide e-scooter rental or sharing services within the City.
(k) All of the person or entity seeking a permit's equipment, including e-scooters and other vehicles used in connection with e-scooter rental or sharing services, shall be subject at all times to inspection by the City, and the City Manager or his or her designee may require the cleaning, repair, replacement, or retirement of any equipment, including e-scooters and other vehicles used in connection with e-scooter or sharing services.
(Ord. 2022-71. Passed 8-8-22.)