(a) Permit Required. No bicycle rack, bicycle sharing station, or bicycle that is part of a Stationless Bicycle Share Program may be installed, parked, left standing, or left unattended on any sidewalk, Street, or public right-of-way under the jurisdiction of the SFMTA or the Department of Public Works (Public Works) without first obtaining a permit.
(b) Issuance of Bicycle Rack, Bicycle Sharing Station, or Stationless Bicycle Share Program Permits. The Director of Transportation has the authority at the Director’s sole discretion to grant a revocable permit to:
(1) the property owner of property abutting any Street of the City to install and maintain a bicycle rack on the sidewalk fronting such property;
(2) the operator of a bicycle share program to install and maintain a bicycle sharing station on the sidewalk or any Street; or
(3) the operator of a Stationless Bicycle Share Program for operation in the public right-of-way under the jurisdiction of the SFMTA or Public Works in the City.
(c) Permit Conditions. The Director of Transportation may impose permit conditions related to the installation, design, location, or maintenance of the bicycle rack or bicycle sharing station, or the location, placement, parking, safe operation, indemnification requirements, customer outreach, or maintenance of any bicycle that is part of a Stationless Bicycle Share Program and parked or left standing or unattended on any sidewalk, Street, or public right-of-way under the jurisdiction of the SFMTA or Public Works as he or she determines necessary to protect the public convenience and safety, including, but not limited to, the maintenance of insurance in a form and amount satisfactory to the City. No permit for a bicycle rack issued under this Section 909 shall become effective until the permit has been signed by the Permittee or the Permittee’s authorized agent and a copy of the permit has been recorded in the office of the City Recorder.
(d) Criteria for Granting a Bicycle Rack or Bicycle Sharing Station Permit. In considering an application for a bicycle rack or bicycle sharing station permit, the Director of Transportation shall consider the proposed location and design of the bicycle rack or bicycle sharing station in light of all legal requirements, the availability of Parking, and the anticipated effects of the proposed bicycle rack or bicycle sharing station on public transit, pedestrian and vehicular traffic, and access to or from residences and businesses.
(e) Placement of Bicycle Rack or Bicycle Sharing Station. The Director of Transportation may at the Director’s own initiative and after giving notice to the abutting property owner(s) cause bicycle racks or bicycle sharing stations to be installed on any Street or sidewalk of the City.
(f) General Permit Requirements and Criteria for Stationless Bicycle Share Program Permit.
(1) The SFMTA may issue a permit to a Stationless Bicycle Share Operator upon receipt of a written application from a qualified Stationless Bicycle Share Operator on a form prescribed by the SFMTA. The SFMTA shall implement this Program consistent with the agency’s “Guiding Principles for Emerging Mobility Services and Technologies” as may be amended from time to time.
(2) The name and current contact information for the Stationless Bicycle Share Operator shall be displayed on each bicycle that is part of a Stationless Bicycle Share Program.
(3) A permit fee must be paid by the Permittee before any permit may be issued. Failure to pay any applicable annual/renewal fee shall result in immediate termination of any existing permit. In addition, the Permittee shall provide sufficient evidence to demonstrate payment of any penalties assessed for violation(s) of any provision of the Municipal Code or of terms of any existing or previously issued permits issued by the City, for which there has been a final determination of the violation.
(4) Upon notification by the City of any bicycle that is improperly parked or left standing or unattended on any sidewalk, Street, or public right-of-way under the jurisdiction of the SFMTA or Public Works, the Stationless Bicycle Share Program Operator shall remove the bicycle within two hours.
(5) To be eligible to obtain a Stationless Bicycle Share Program Permit, the Stationless Bicycle Share Operator must demonstrate compliance with the following requirements to the SFMTA’s satisfaction:
(A) Bicycles must be of high quality, sturdily built and with tamper-resistant hardware to accommodate a range of users, comply with California Vehicle Code requirements, withstand the rigors of outdoor storage and constant use for at least five years, have integrated lock-to capabilities, and adhere to standard certifications as determined by the SFMTA. Two sample bicycles must be made available for inspection and evaluation by the SFMTA..1 The make and model of each bicycle made available to customers and a corresponding unique identification number must be submitted to the SFMTA. The SFMTA shall require a certain percentage of each Permittee’s bicycle fleet to be comprised of electric bicycles as determined by the SFMTA.
(B) The Permittee shall equip each bicycle with an on-board GPS device capable of providing real-time location data to the SFMTA in accordance with the specifications issued by the Director of Transportation, and shall maintain a continuous feed of the required data at all times for bicycles made available to customers.
(C) Bicycles may only be available to customers on an hourly basis, or in smaller intervals, and at rates which vary by duration of usage or by duration of usage and distance but are clearly and understandably communicated to the customer prior to bicycle use.
(D) Bicycles must be available for pick-up and drop-off by customers on a 24-hour, seven days per week basis.
(E) Adequate insurance as determined by the City’s Risk Manager, which lists the City and County of San Francisco as an additional insured, must be provided for each bicycle ridden, parked, or left standing or unattended on any sidewalk, Street, or public right-of-way under the jurisdiction of the SFMTA or Public Works, and for each user using the bicycle during the period of use. The Permittee must indemnify and hold the City and County of San Francisco, its departments, commissions, boards, officers, employees, and agents (“Indemnitees”) harmless from and against any and all claims, demands, actions, or causes of action which may be made against the Indemnitees for the recovery of damages for the injury to or death of any person or persons or for the damage to any property resulting directly or indirectly from the activity authorized by the permit, regardless of the negligence of the Indemnitees.
(F) Stationless Bicycle Share Operator shall pay the SFMTA a public property repair and maintenance endowment totaling $25,000, payable in installments as described herein, to ensure adequate funds are available to reimburse the City for future public property repair and maintenance costs that may be incurred, including but not limited to any costs of repairing or maintaining damaged public property by the Stationless Bicycle Share Operator or its customers, removing and storing bicycles improperly parked or left unattended on public property, and addressing and abating any other violations. The maintenance endowment shall be paid in annual installments of $2,500 per year for ten consecutive years, with the first payment due at the time of permit issuance.
(G) If the SFMTA, Public Works, or any other City agency, department, or commission, including the City Attorney’s Office, incurs any costs of addressing or abating any violations, including repair or maintenance of public property, upon receiving written notice of such City costs, the Stationless Bicycle Share Operator shall reimburse SFMTA for such costs within 30 days. The SFMTA shall arrange for transfers of funds to any other City agency, department, or commission that incurred costs described above. The Stationless Bicycle Share Operator’s payment pursuant to this paragraph shall not substitute for any installment payment otherwise owed or to be paid to the SFMTA.
(H) Stationless Bicycle Share Operator shall develop a marketing and targeted community outreach plan which complies with SFMTA’s Community Engagement Plan Requirements, which shall include a strategy to partner with bicycle advocacy and community benefit organizations, a culturally relevant and multilingual communications plan, and an equitable bike share implementation plan, to promote the use of their bicycle sharing system citywide among low income communities, and implement the plan at its own cost. Permittee shall keep a record of any public feedback received in a format and manner as determined by the SFMTA.
(I) Citywide distribution of bicycles available to customers including identification of service areas, minimum distribution thresholds, and availability requirements in specific neighborhoods classified as Communities of Concern by the Metropolitan Transportation Commission to meet equity goals as determined by the SFMTA.
(J) A maintenance, cleaning, staffing, and repair plan for the bicycles must be submitted to and approved by the SFMTA and DPW as applicable.
(K) Adequate bicycle parking must be provided by the Stationless Bicycle Share Operator as determined by the SFMTA. In addition, a plan for educating users on proper bicycle parking must be provided by the Stationless Bicycle Share Operator. A Bicycle Share Operator shall pay a fee to SFMTA to cover the cost of SFMTA’s installation of bicycle racks to insure adequate bicycle parking.
(L) A one year low-income customer plan that waives any applicable bicycle deposit and offers an affordable cash payment option and unlimited trips under 30 minutes to any customer with an income level at or below 200% of the federal poverty guidelines, which is subject to annual renewal.
(M) A multilingual website with languages determined by the SFMTA, call center, and mobile application customer interface that is available 24 hours a day, seven days a week. The website and mobile application shall also meet the requirements of Section 508 of the Rehabilitation Act and Section 255 of the Communications Act that apply to information and communication technology as determined by the SFMTA.
(N) A Privacy Policy consistent with state and local law and any guidelines issued by the Director of Transportation that safeguards users’ personal, financial, and travel information and usage including, but not limited to, trip origination and destination data.
(O) Aggregate customer demographic data, that does not identify individual customers, payment methods, or their individual trip history, gathered by the system application shall be provided to the SFMTA on at least a monthly basis using anonymized keys.
(P) An electronic payment system that is compliant with the Payment Card Industry Data Security Standards (PCI DSS). Each tran- saction shall include the bicycle identification number corresponding to the make and model of the bicycle registered with the SFMTA.
(Q) During each calendar year of business operations, the Stationless Bicycle Share Operator shall offer to its customers not less than one safety training class every other quarter.
(R) Stationless Bicycle Share Operator shall provide a proposed service area and furnish a map to the SFMTA.
(S) Notwithstanding any other requirement, the Director of Transportation has the authority to deny a permit based on the extent to which issuing a permit would lead to an over- concentration of bicycle share bicycles in the public right-of-way, cause an imbalance in the geographical distribution of bicycles which are part of a bicycle share program, or otherwise not be in the public interest.
(T) The Director of Transportation may impose permit conditions the Director determines are necessary to protect the public convenience and safety including, but not limited to, approving the transfer of permits.
(U) Provide a labor harmony plan. Labor harmony is critical for the provision of stationless bikeshare services in the context of safety and maintenance, as well as equitable geographic device distribution. The permittee shall include a description of the means by which Permittee has considered labor and labor harmony in its operations specifically as it relates to consistent distribution, operation and maintenance, including steps taken to avoid potential disruptions. Permittee shall provide in its Plan any agreements or documents evidencing such steps, as well as information regarding employee work hours, working conditions, and wages.
(V) Compliance with the City’s Zero Waste Policy with regard to disposal of bicycles and bicycle parts.
(W) In evaluating a permit application, the Director of Transportation may consider the extent to which an operator has the capacity to meet the permit terms based on past experience, including the operator’s compliance with applicable laws and its efforts to ensure compliance by its users with applicable laws.
(g) Stationless Bicycle Share Program Permit Issuance. After evaluating an applicant’s permit application, the Director of Transportation shall grant the Permit as requested, or grant the Permit with modifications, or deny the Permit. Where the Permit is granted with modifications or denied, the notice shall explain the basis for the Director of Transportation’s decision. An applicant may request review by a hearing officer or administrative law judge of the Director of Transportation’s decision to deny a permit or grant a permit with modifications. The Director shall issue procedures governing review of these decisions.
(h) Permit Revocation.
(1) For good cause, the Director of Transportation may revoke any permit issued under this Section 909. “Good cause” hereunder shall include, but shall not be limited to, the following:
(B) The Permittee failed to pay a permit fee within 30 days following notice of nonpayment;
(C) The Permittee has violated any statute or ordinance, including any provision of Division I or II of this Transportation Code, governing the operation of Stationless Bicycles regulated by this Code; or
(D) The Permittee has violated one or more conditions of the permit.
(2) A Permittee may request review by a hearing officer or administrative law judge of the Director of Transportation’s decision to revoke a permit. The Director shall issue procedures governing review of these decisions.
(i) Administrative Penalties Applicable to Stationless Bicycle Share Operators.
(1) Any person or Stationless Bicycle Share Operator who violates Division I, Section 7.2.110 of this Code may be subject to the issuance of a citation and imposition of an administrative penalty.
(2) Administrative penalties may not exceed $500 for each offense.
(3) In addition to other authorized em- ployees, the Director of Transportation is autho- rized to designate officers or employees of the Municipal Transportation Agency to enforce Di- vision I, Section 7.2.110 of this Code. Any officer or employee so designated is hereby authorized to issue citations imposing administrative penalties for violations of Division I, Section 7.2.110.
(j) Procedure for Assessment and Collection of Administrative Penalties.
(1) This subsection (j) shall govern the imposition, assessment, and collection of administrative penalties imposed pursuant to subsection (i).
(2) The SFMTA finds:
(A) That it is in the best interest of the City, its residents, visitors, and those who park on City streets to provide an alternative, administrative penalty mechanism for enforcement of violations of the Stationless Bicycle Share Program Permit requirements authorized under the Transportation Code; and
(B) That the administrative penalty scheme established by this Section 909 is intended to compensate the public for the injury or damage caused by any person or Stationless Bicycle Share Operator who parks or leaves standing or unattended any bicycle, that is part of a Stationless Bicycle Share Program, on any sidewalk, Street, or public right-of-way under the jurisdiction of the Municipal Transportation Agency or Public Works without a permit issued by the Municipal Transportation Agency authorizing the bicycle to be parked, left standing, or left unattended at that location. The administrative penalties authorized under this subsection (j) are intended to be reasonable and not disproportionate to the damage or injury to the City and the public caused by the prohibited conduct.
(3) Administrative Citation. Where a designated officer or employee determines that there has been a violation of Division I, Section 7.2.110 of this Code, the officer or employee may issue an administrative citation to the person and/or entity responsible for the violation. The citation may be personally served on the applicant or by certified U.S. mail to the last known address for the bicycle owner. The citation shall inform the person or entity responsible of the date and nature of the violation and the amount of the administrative penalty, and shall state that the penalty is due and payable to the SFMTA within 15 business days from the date of the notice, if not contested within the time period specified. The citation shall also state that the person or entity responsible has the right, pursuant to subsection (j)(4), to request an administrative hearing of the citing officer or employee’s determination as to the violation and assessment of penalties, and shall set forth the procedure for requesting an administrative hearing. The designated officer or employee shall mail the administrative citation and evidence supporting the determination of a violation of Division I, Section 7.2.110 to the last known address for the bicycle owner.
(4) Request for Hearing; Hearing.
(A) A person or entity that has been issued an administrative citation may request an administrative hearing in person, by telephone, or by email in order to contest the citation issued in accordance with this Section 909. The administrative hearing shall be initiated by filing a request for an administrative hearing with the SFMTA Hearing Division within 15 business days from the date of the citation. Failure to request a hearing in a timely manner or to attend a scheduled hearing shall satisfy the hearing requirement.
(B) Whenever an administrative hearing is requested pursuant to this subsection (j)(4), the SFMTA Hearing Section shall, within 15 business days of receipt of the request, notify the requestor of the date, time, and place of the administrative hearing by certified mail. Such hearing shall be held no later than 30 calendar days after the SFMTA Hearing Section receives the request, unless time is extended by mutual agreement of the affected parties.
(C) The administrative hearing shall be conducted by a neutral Hearing Officer assigned by the SFMTA Hearing Section. The SFMTA Hearing Section may issue rules as needed to implement this requirement. The parties may present evidence and testimony to the Hearing Officer. All testimony shall be under oath. The Hearing Officer shall ensure that a record of the proceedings is maintained. The burden of proof to uphold the violation shall be on the City, but the administrative citation shall be prima facie evidence of the violation.
(D) The Hearing Officer shall issue a written decision including a summary of the issues and the evidence presented, and findings and conclusions, within 15 business days of the conclusion of the hearing. The Hearing Officer may uphold the penalty imposed by the citation or dismiss the citation. A copy of the decision may be personally delivered to the person contesting the violation or sent by first class mail. The decision shall be a final administrative determination. An aggrieved party may seek judicial review of the decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.
(5) Payment and Collection of Penalty.
(A) Where a person or entity has not made a timely request for administrative hearing, the penalty shall be due and payable to the SFMTA on or before 15 business days from the date of issuance of an administrative citation.
(B) Where a person or entity has made a timely request for administrative hearing, and the violation and penalty have been upheld upon review, the administrative penalty shall be due and payable not later than 10 business days from the date of the notice of decision issued under subsection (j)(4)(D).
(C) If a penalty due and payable under subsections (j)(5)(A) or (B) remains unpaid after the specified due date, the SFMTA shall send the violator written notice that the penalty is overdue. Penalties that remain unpaid 30 calendar days after the due date shall be subject to a late payment penalty of $50. Persons and entities against whom administrative penalties are imposed shall also be liable for the costs and attorney’s fees incurred by the SFMTA in bringing any civil action to enforce the provisions of this Section 909, including obtaining a judgment for the amount of the administrative penalty and other costs and charges.
(D) Where there is a nexus between the violation and property in the City owned by the violator, the SFMTA shall further inform the violator that if the amount due is not paid within 30 calendar days from the date of the notice, the SFMTA may initiate proceedings to make the amount due and all additional authorized costs and charges, including attorney’s fees, a lien on the property. Such liens shall be imposed in accordance with Chapter 10, Article XX of the Administrative Code.
(6) Administrative penalties shall be deposited in the Municipal Transportation Fund and may be expended only by the SFMTA.
(k) Department of Public Works – Coordination.
(1) Bicycle sharing stations shall not be installed on any sidewalk of the City until the Department of Public Works is notified in writing of the site of the proposed bicycle sharing station installation and the proposed date of installation, and has issued any other required permit(s). Such notice shall be provided to the Department of Public Works for review by the Department of the proposed installation at least 30 days before the date of installation. In the event that a temporary relocation of a bicycle sharing station for less than 90 days is necessary to improve safety or traffic operations, or to accommodate construction or roadway maintenance, the Director of Transportation has the authority to temporarily relocate a bicycle sharing station prior to providing notice to the Department of Public Works of the temporary relocation.
(2) A Stationless Bicycle Sharing Program Permit shall not be issued by the Director of Transportation until the Department of Public Works is notified in writing of the permit application and has issued any other required permit(s). Such notice shall be provided to the Department of Public Works at least 30 days prior to the date a permit will be issued.
(SFMTA Bd. Res. No. 08-151, 8/19/2008; SFMTA Bd. Res. No. 15-031
, Ad. 3/3/2015, Eff. 4/3/2015; SFMTA Bd. Res. No. 170321-035, Ad. 3/21/2017, Eff. 4/21/2017; SFMTA Bd. Res. No. 180501-073, Ad. 5/1/2018, Eff. 6/1/2018; SFMTA Bd. Res. No. 190416-042, Ad. 4/16/2019, Eff. 5/17/2019)
CODIFICATION NOTE
1. So in SFMTA Bd. Res. No. 190416-042.