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(a) General Permit Requirements. Vanpool Permits shall be issued to each applicant group approved by SFMTA and by 511 Regional Rideshare or other agency designated by the SFMTA. No more than one permit shall be issued to each approved vanpool group. The permits shall visibly identify the Vanpool Vehicles for which use of the permit is authorized.
(b) Applications. Application for a Vanpool Permit and certification of a vanpool shall be made in accordance with procedures established by the Director of Transportation after consultation with the 511 Regional Rideshare or other designated agency. The certification portion of the group application shall include, but is not limited to, signatures of seven or more individuals who certify that:
(1) They are in a vanpool that commutes together to and from their place of employment in San Francisco;
(2) They each understand that using the permit is allowed only when seven or more individuals arrive to work in a certified Vanpool Vehicle; and
(3) They understand that the SFMTA does not guarantee Parking availability to Vanpool Vehicles.
SFMTA shall accept vanpool group applications from 511 Regional Rideshare or other designated agency only after such agency verifies the facts of the application and determines eligibility of the applicant(s). Each permit application shall be subject to final approval by the SFMTA.
(c) Permit Privileges. Notwithstanding Sections 7.2.30 (Overtime Parking) and 7.2.23 (Payment of Parking Meter) of Division I, any Vanpool Vehicle displaying a valid Vanpool Permit shall be allowed to Park for unlimited periods and without payment for any Parking Meter at which Parking is allowed for 60 minutes or longer. This Section does not exempt Vanpool Vehicles from enforcement of green, white, blue or yellow zone regulations or any other posted Parking restriction.
(SFMTA Bd. Res. No. 08-151, 8/19/2008; SFMTA Bd. Res. No. 09-172, 9/15/2009)
(SFMTA Bd. Res. No. 08-151, 8/19/2008; repealed by SFMTA Bd. Res. No. 14-004
, Ad. 1/7/2014, Eff. 2/7/2014)
(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.
(a) General Permit Requirements.
(1) The SFMTA shall issue a SFMTA permit upon receipt of a written application from a qualifying City employee or department. The permit shall be displayed by City employees only when the vehicle is used for official government business.
(2) The SFMTA permit requirements shall only apply to passenger vehicles including sedans, sports utility vehicles (SUVs), and minivans. City maintenance, emergency response, and any other City vehicle whose primary purpose is not the sole transport of passengers shall not be required to obtain a SFMTA permit and shall be granted the same permit privileges to Park as provided in subsection (b).
(b) Permit Privileges.
(1) Any vehicle that displays a valid SFMTA Parking Permit shall be permitted to Park at a Parking Meter without depositing payment as required by Division I, Section 7.2.23 (Payment of Parking Meter).
(2) The SFMTA Parking Permit does not exempt vehicles from any other Parking restrictions other than as set forth in Section 801.
(3) The SFMTA Parking Permit does not excuse applicable time limits in Residential Parking Permit areas, at parking meters, or any other time restricted parking areas unless specifically authorized by the SFMTA.
(c) Duration of SFMTA Parking Permit. New SFMTA Parking Permits may be issued by the SFMTA at any time during the fiscal year but every permit shall expire on June 30 of each calendar year unless renewed.
(d) Permit Fee. The SFMTA Parking Permit fee shall be based on the daily Parking Meter Use Fee set forth in Section 312. The permit fee shall be calculated based on a five day per week period for fifty-two weeks per year.
(Added by SFMTA Bd. Res. No. 10-053, 4/20/2010; amended by SFMTA Bd. Res. No. 11-060, Ad. 5/3/2011, Eff. 6/3/2011, Oper. 7/1/2011)
(a) General Permit Requirements.
(1) The SFMTA shall issue a permit for a Shared Vehicle Parking Space upon receipt of a written application from a qualified Vehicle Sharing Organization on a form prescribed by the SFMTA.
(2) The permit grants exclusive use of an on-street Shared Vehicle Parking Space to the permittee to Park Shared Vehicles without being subject to enforcement of Shared Vehicle parking restrictions.
(3) The SFMTA reserves the right to revoke a Shared Vehicle Parking Permit at any time upon written notice of revocation. The Permittee shall surrender such permit in accordance with the instructions in the notice of revocation.
(4) The qualified Vehicle Sharing Organization must pay the applicable On-Street Shared Vehicle Parking Permit fee, based upon the location of the designated on-street Shared Vehicle Parking Space in either Zone 1, Zone 2, or Zone 3 as defined in subsection (5) before a permit may be issued.
(5) The applicable On-Street Shared Vehicle Parking Permit fee shall be based upon the location of the designated Parking Space as follows:
(A) Zone 1 shall include that portion of the City and County of San Francisco not under the jurisdiction of the Port of San Francisco north and east of a line commencing at a point located at N 37° 48' 24.4" W 122° 26' 55.0", thence south to Yacht Road, thence southerly along the easterly line of Yacht Road to the southerly line of Palace Drive, thence southerly along the easterly line of Lyon Street to the southerly line of Bay Street, thence southerly along the easterly line of Lyon Street to the southerly line of O’Farrell Street, thence southerly along the easterly line of Sonora Lane to the southerly line of Terra Vista Avenue, thence westerly along the southerly line of Terra Vista Avenue to the easterly line of Encanto Avenue, thence southerly along the easterly line of Encanto Avenue to the northerly line of Anza Vista Avenue, thence southerly along the easterly line of Arbol Lane to the southerly line of Turk Street, thence southerly along the easterly line of Lyon Street to the southerly line of Haight Street, thence southerly to the northern end of the easterly line of Douglass Street, thence southerly along the easterly line of Douglass Street to the northerly line of 25th Street, thence easterly long the northerly line of 25th Street to the easterly line of Potrero Avenue, thence northerly along the easterly line of Potrero Avenue to the northerly line of 25th Street, thence easterly along the northerly line of 25th Street to the eastern end of 25th Street.
(B) Zone 2 shall include that portion of the City and County of San Francisco not included within the boundaries of On-Street Shared Vehicle Parking Permit Zone Number One and Three. It excludes any part of the City and County of San Francisco under the jurisdiction of the Port of San Francisco.
(C) Zone 3 shall include that portion of the City and County of San Francisco not under the jurisdiction of the Port of San Francisco south and west of a line commencing at a point located at N 37° 47' 26.9" W 122° 29' 8.8", thence southerly to the northern end of the westerly line of 22nd Avenue, thence southerly along the westerly line of 22nd Avenue to the southerly line of Ocean Avenue, thence easterly along the southerly line of Ocean Avenue to the easterly line of 19th Avenue, thence easterly to the western end of the southerly line of Upland Drive, thence easterly along the southerly line of Upland Drive to the easterly line of Faxon Avenue, thence easterly to the western end of the southerly line of Greenwood Avenue, thence easterly along the southerly line of Greenwood Avenue to the westerly line of Hazelwood Avenue, hence southerly along the western line of Hazelwood Avenue to the southerly line of Judson Avenue, thence easterly along the southerly line of Judson Avenue to the westerly line of Phelan Avenue, thence southerly along the westerly line of Phelan Avenue to the southerly line of Judson Avenue, thence easterly along the southerly line of Judson Avenue to the southerly line of US Route 280, thence along the southerly line of US Route 280 to the Islais Creek Channel.
(b) Criteria for Granting an On-Street Shared Vehicle Parking Permit. The requirements for Vehicle Sharing Organizations to be eligible to obtain an On-Street Shared Vehicle Parking Permit include the following, which must be demonstrated to the SFMTA’s satisfaction:
(1) Shared Vehicles are available to members at an unstaffed self-service location and available for pick-up by members on a twenty-four hour, seven days per week basis.
(2) Automobile insurance must be provided for each Shared Vehicle for each member using the vehicle during the period of use.
(3) The emblem of the Vehicle Sharing Organization must be prominently displayed on both the driver and passenger sides of the vehicle.
(4) Shared Vehicles must be less than seventy-two (72) inches in height, and emit low levels of emissions for the applicable vehicle class. Preference will be given to Shared Vehicles that meet the California Air Resources Board’s standard for a Super Ultra Low Emissions Vehicle.
(5) A Shared Vehicle must be available to members for rental at all times when the vehicle is Parked in a designated on-street Shared Vehicle Parking Space.
(6) Citywide distribution of Shared Vehicles available to members as determined by the SFMTA.
(7) The number of On-Street Shared Vehicle Parking Permits issued by the SFMTA at any one time shall not exceed 1,000.
(c) Application Requirements. Each application for a permit or renewal of a permit shall contain information sufficient to:
(1) Identify the Vehicle Sharing Organization applicant;
(2) Identify the location where the Shared Vehicle Parking Space is to be located; and
(3) Establish that the on-street Shared Vehicle Parking Space will be used for only sharing
1 related purposes at all times.
(d) Permit Privileges.
(1) Any Shared Vehicle registered to the Permittee shall be permitted to Park at a designated on-street Shared Vehicle Parking Space established by the SFMTA.
(2) The Shared Vehicle Parking Permit exempts a Shared Vehicle from applicable time limits for Residential Parking Permit areas (Div. I, Section 7.2.20), street cleaning parking restrictions (Div. I, Section 7.2.22), and payment at parking meters (Div. I, Section 7.2.23) when Parked at a designated on-street Shared Vehicle Parking Space.
(3) The Shared Vehicle Parking Permit does not exempt the Shared Vehicle from any other Parking restrictions.
(e) Duration of Shared Vehicle Parking Permit. Shared Vehicle Parking Permits may be issued by the SFMTA at any time during the fiscal year but every permit shall expire on June 30 of each calendar year unless otherwise renewed or revoked.
(SFMTA Bd. Res. No. 11-108, Ad. 8/2/2011, Eff. 9/2/2011; SFMTA Bd. Res. No. 13-185
, Ad. 7/16/2013, Eff. 8/16/2013; SFMTA Bd. Res. No. 170718-098, Ad. 7/18/2017, Eff. 8/18/2017)
CODIFICATION NOTE
(a) The following definitions shall apply:
(1) News-Gathering Vehicle. A News-Gathering Vehicle is a motor vehicle for which a Vehicle Press Permit has been issued by the Director of Transportation while the vehicle is in the control of a newspaper, radio or television station, or is being operated by an employee of a newspaper, radio or television station whose primary duty is to gather or photograph news events while gathering information or images for use in the news.
(2) Vehicle Press Permit. A Vehicle Press Permit is a permit issued by the SFMTA for the use of an authorized News-Gathering Vehicle.
(b) The SFMTA shall issue one or more Vehicle Press Permit(s) to a newspaper, radio or television station upon receipt of an application signed by the managing editor, station manager, or person of equivalent managerial responsibility, of the newspaper, radio or television station. The application shall be on a form approved by the Director of Transportation. The application shall require the applicant to verify in writing that each requested Vehicle Press Permit is for either (1) an identified vehicle owned and operated by the newspaper, radio or television station and used primarily for the gathering of news, or (2) a person holding a full-time position with that organization whose duties primarily involve the actual gathering of news outside of the organization's main office and who has been issued a Press Permit by the Chief of Police. Each such organization with 12 or more full-time employees may also apply for one temporary Vehicle Press Permit, and each such organization with 25 or more full-time employees may also apply for two temporary Vehicle Press Permits, which shall be of a distinguishing color and may be assigned by the newspaper, radio or television station on an as-needed basis to temporary or free-lance reporters or photographers while they are engaged in news gathering for that newspaper, radio or television station, subject to the other restrictions on use set forth in this Section. In the event the temporary Vehicle Press Permits are being used by a newspaper, radio or television station in a manner inconsistent with the provisions of this Section, the Director of Transportation shall have the discretion, after a hearing to consider evidence of such misuse and testimony from the newspaper, radio or television station and other interested persons, to revoke any or all Vehicle Press Permits issued to such organization. All Vehicle Press Permits shall be valid for a period of not more than one year, and a new application must be submitted for reissuance of each permit for the following year. The Director of Transportation may request supporting documentation or evidence to verify any information supplied on an application for a Vehicle Press Permit, including verification of an employee's news gathering duties. Print media outlets whose publications are not published more frequently than once per month shall not be eligible to receive Vehicle Press Permits.
(c) Nothing in this Article shall relieve the operator and/or owner of a News-Gathering Vehicle or the newspaper, radio or television station that holds a Vehicle Press Permit for such a vehicle from the duty to operate and Park the vehicle with due regard for access of Fire Department vehicles to any property, and to the safety of all persons and vehicles, nor shall these provisions protect the owner of the newspaper, radio or television station from the consequences of reckless disregard for the safety of others.
(d) The Director of Transportation may collect permit fees for Vehicle Press Permits in order to recover costs for administering the program. Any annual increase to the permit fee may not exceed an amount calculated by applying the Automatic Indexing Implementation Plan approved by the SFMTA Board of Directors in Resolution No. 09-065 to the permit fee.
(e) Provided that the News-Gathering Vehicle complies with all other applicable requirements, a News-Gathering Vehicle may Park where authorized by the Transportation Code, Division II, Section 106 (Exemptions).
(Added by SFMTA Bd. Res. No. 12-128, Ad. 10/16/2012, Eff. 11/16/2012)
Editor's Note:
For provisions relating to Press Cards issued by the Chief of Police, see Police Code Sec. 939 et seq.
For provisions relating to Press Cards issued by the Chief of Police, see Police Code Sec. 939 et seq.
(a) General Permit Requirements. The SFMTA shall establish requirements regarding the size, typeface, and display of a Mobile Food Facility permit, issued pursuant to Article 5.8 of the San Francisco Public Works Code, on a permittee's vehicle in order to exempt such vehicle from the parking restrictions set forth below.
(b) Permit Privileges.
(3) A Mobile Food Facility permit does not exempt a vehicle from payment at Parking Meters (Div. I, Section 7.2.23).
(4) A Mobile Food Facility permit does not exempt the vehicle from any other Parking restriction.
(a) Definitions. As used in this Section 914, the following words and phrases shall have the following meanings:
Designated Stop. An SFMTA bus stop or a white zone designated by SFMTA as a stop available for loading and/or unloading of passengers by Shuttle Service Providers that have been issued a Shuttle Permit under this Section 914.
Director. The Director of Transportation or his or her designee.
Shuttle Bus. A motor vehicle designed, used or maintained by or for a charter-party carrier of passengers, a passenger stage corporation, or any highway carrier of passengers required to register with the California Public Utilities Commission that is being operated in Shuttle Service. A Shuttle Bus shall also include any bus that is owned, or being operated on behalf of, a governmental entity and being operated in Shuttle Service.
Shuttle Permit. A permit issued by the SFMTA that authorizes a Shuttle Service Provider to load and/or unload passengers at specified Designated Stops in one or more Shuttle Buses.
Shuttle Permit Authorization Sticker. A sticker issued by SFMTA that is visible from outside the Shuttle Bus at front, side, and rear locations as specified by the SFMTA and that identifies the Shuttle Permit authorizing the Shuttle Bus to use Designated Stops.
Shuttle Service. Transportation by Shuttle Buses offered for the exclusive or primary use of a discrete group or groups, such as clients, patients, students, paid or unpaid staff, visitors, and/or residents, between an organization or entity's facilities or between the organization or entity's facilities and other locations, on a regularly-scheduled basis.
Shuttle Service Provider. Any Person using Shuttle Buses to provide Shuttle Service within the City.
Stop Event. A single instance of stopping by a Shuttle Bus at a Designated Stop for the purpose of loading and/or unloading passengers.
(b) Findings.
(1) The use of Shuttle Buses for the purpose of providing Shuttle Service is a growing means of transportation in San Francisco and the greater Bay Area.
(2) Shuttle Service provides significant benefits to the community by replacing single occupant trips with more efficient transportation, contributing to a reduction in parking demand, and supporting the City's goal of increasing trips made by sustainable modes.
(3) Shuttle Service currently operating in San Francisco reduces vehicle miles traveled (VMT) in the City by approximately 4,300,000 miles each month.
(4) Unregulated use of Muni stops by Shuttle Service Providers results in unintended adverse traffic and safety impacts, including delaying transit bus service, increasing traffic congestion, diverting bicyclists from bicycle lanes into mixed-flow lanes, and diverting motor vehicle traffic into adjacent travel lanes, and preventing transit buses from being able to access the curb in order to load and unload passengers.
(5) Prior to implementing a commuter shuttle pilot program in August, 2014, the SFMTA lacked complete information about Shuttle Service operations, including routes, frequency of service and stops, which had been a barrier to resolving and preventing conflicts with Shuttle Service Providers' operations, including adverse impacts on Muni service and increased traffic congestion.
(6) Inconsistent or inaccurate identification of, and lack of contact information for, Shuttle Service Providers previously made it difficult for the SFMTA to effectively and timely communicate with Shuttle Service Providers to prevent or resolve conflicts and makes enforcement of traffic and parking regulations difficult.
(7) SFMTA’s regulation of Designated Stops by Shuttle Services to provide safe loading and unloading zones for Shuttle Services, whose cumulative ridership is equivalent to that of a small transit system, is consistent with the City’s Transit First policy.
(8) The commuter shuttle pilot program implemented in August 2014 enabled SFMTA to evaluate whether shared use of Muni stops by Shuttle Buses is consistent with efficient operation of the City’s public transit system. An evaluation of the pilot program conducted by SFMTA in October 2015 showed that the pilot program was successful in addressing the issues described above, and also showed ways that the program could be improved.
(9) A subsequent evaluation of the commuter shuttle program completed in November 2016 concluded that the program was continuing to successfully address these issues. The evaluation showed a decrease in the potential for conflicts between commuter shuttles and public transit, a reduction in the number of shuttles traveling on small residential streets, and an increase in the number of new, cleaner vehicles in the commuter shuttle fleet. The SFMTA and the San Francisco County Transportation Authority also conducted a study of a potential “hub” system in which shuttles would be restricted to a limited number of stop locations in San Francisco. This study found that any hub scenario would result in a significant decrease in shuttle ridership and a concurrent increase in the number of people commuting by single-occupancy vehicle. The SFMTA now seeks to continue the existing program while continuing to closely monitor its progress and make improvements to its policies and procedures.
(c) General Permit Program Requirements.
(1) The Director is authorized to implement a program for the issuance of Shuttle Permits beginning on a date designated by the Director.
(2) The Director may issue a Shuttle Permit for the use of Designated Stops upon receipt of an application from a Shuttle Service Provider on a form prescribed by the SFMTA which application meets the requirements of this Section 914.
(3) The Shuttle Permit shall authorize the Shuttle Service Provider to receive a specified number of Shuttle Permit Authorization Stickers issued by SFMTA.
(4) The Director is authorized to establish up to 125 Designated Stops for the purposes of this program.
(d) Shuttle Permit Application Requirements. In addition to any other information requested by the Director, each application for a permit or renewal of a permit shall contain the following information:
(1) The name, business location, telephone number, fax number and email address of the Shuttle Service Provider or authorized agent;
(2) The name, title and contact information of one or more persons representing the Shuttle Service Provider to be notified by SFMTA in the event of a problem or permit violation relating to the Permittee's Shuttle Service;
(3) The total number of Shuttle Buses the Shuttle Service Provider intends to use to deliver Shuttle Service using Designated Stops;
(4) The total number of Shuttle Placards requested;
(5) The number of shuttle routes for which the permit applicant is proposing to provide Shuttle Service, including the frequency of service on each route, the neighborhoods served by each route, the origin and terminus of each route, and the frequency of Shuttle Service on each route. In lieu of a map, the permit applicant may provide a narrative statement describing the routes. The applicant need only identify the route to the extent that it lies within the City. Where the point of origin or termination is outside of the City, the applicant need only provide the county in which the point of origin or termination is located;
(6) A list of the Designated Stops the permit applicant proposes to use on each shuttle route, along with the proposed frequency of use of each Designated Stop per day, resulting in a calculation of the total number of Stop Events per day at Designated Stops; and
(7) If applicable, documentation of the Applicant's registration status with the California Public Utilities Commission ("CPUC"), including any Charter Party Carrier ("TCP") authorization or permits, or registration as a private carrier of passengers, and documentation that the Applicant maintains insurance in compliance with the applicable requirements imposed by the CPUC.
(8) The application shall require the applicant to acknowledge that the Permittee, by acceptance of the permit, agrees to 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, including, regardless of the negligence of the Indemnitees.
(9) Applicant shall provide a Service Disruption Prevention Plan which describes Permittee's efforts to maintain consistent and efficient service in the event of potential disruptions.
(A) The Service Disruption Prevention Plan must address, at a minimum:
(i) How bus breakdowns or stalls (mechanical or otherwise) will be remedied quickly so as not to block access to bus zones or impede the free flow of traffic;
(ii) Sufficient bus availability to satisfy ridership demand;
(iii) Sufficient back-up driver staffing in the event that drivers are unable to work due to sickness or other reason;
(iv) Contingency routing plans in the case of construction, special events, parades, celebrations, rallies, protests or other activity that may block access to certain city streets; and
(v) A description of the means by which Applicant has considered the San Francisco Board of Supervisors' March 2015 Labor Harmony Resolution, including steps taken to avoid potential disruptions by addressing the principles and concerns set forth in such Resolution, and any agreements or documents evidencing such steps, as well as information regarding shuttle driver schedules (including any split-shifts), work hours, working conditions, and wages.
(B) The Service Disruption Prevention Plan may, but is not required to, include statements from third parties describing the Applicant's efforts to prevent service disruptions.
(C) The SFMTA will post the Service Disruption Prevention Plan for each Permittee on the SFMTA website.
(D) The Permittee shall provide prompt notice to SFMTA of any labor dispute in which it is involved that has the potential to cause a disruption of service.
(e) Permit Issuance. After evaluating an applicant’s permit application, the Director shall grant the Permit as requested, 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’s decision. An applicant may request review of the Director’s decision to deny the permit or grant the permit with modifications. The Director shall issue procedures governing review of the Director’s decision.
(f) Shuttle Permit Authorization Sticker Application Requirements. For each vehicle to be used in the Commuter Shuttle Program, Shuttle Service Providers shall apply for a Shuttle Permit Authorization Sticker. Each application for a Shuttle Permit Authorization Sticker or renewal of a Shuttle Permit Authorization Sticker shall contain the following information for the Shuttle Bus that would be authorized, when bearing the Shuttle Permit Authorization Sticker, to use Designated Stops:
(1) The manufacturer and vehicle make or model name;
(2) The length, gross vehicle weight rating, and passenger capacity;
(3) The model year, or, in the case of vehicles older than model year 2012 that were not previously authorized for use in Shuttle Service under the pilot program, documentation demonstrating compliance with applicable emissions standards for model year 2012;
(4) The type of fuel or power used; and
(5) The license plate number and vehicle registration information.
(g) Shuttle Permit Authorization Sticker Issuance. After evaluating an applicant’s Shuttle Permit Authorization Sticker application, the Director shall grant the Shuttle Permit Authorization Sticker as requested, or deny the application and state the reason(s) for the denial.
(h) Shuttle Permit Terms and Conditions. The Director shall establish terms and conditions for Shuttle Permits. In addition to any other requirements imposed by the Director, Permits shall include the following terms and conditions:
(1) Any Shuttle Bus being operated in Shuttle Service under the Shuttle Permit shall be listed on the Permittee’s Shuttle Permit Authorization Sticker application and shall display a valid SFMTA-issued Shuttle Permit Authorization Sticker visible from outside the Shuttle Bus at the front, rear, and on each side of the Shuttle Bus as specified by the SFMTA, at all times such vehicle is being operated in Shuttle Service in the City. A Shuttle Permit Authorization Sticker may be used only for the vehicle listed on the application for that Shuttle Permit Authorization Sticker, and may not be transferred to any other vehicle without written approval from the Director determining that the transfer is warranted.
(2) A Shuttle Bus bearing valid Shuttle Permit Authorization Stickers shall be allowed to stop at any Designated Stop subject to the following conditions:
(A) The Shuttle Bus shall give priority to any public transit buses that are approaching or departing a Designated Stop and shall pull forward in order to accommodate other authorized users;
(B) The Shuttle Bus shall not stop at any Muni stops other than Designated Stops;
(C) The Shuttle Bus shall use Designated Stops only for active loading or unloading of passengers when in the course of actively providing Shuttle Service, unless the stop is otherwise designated, and such loading and unloading shall be conducted as quickly as possible without compromising the safety of passengers, pedestrians, bicyclists or other motorists;
(D) Loading and unloading of passengers shall not take place in, or impede travel in, a lane of traffic or bicycle lane.
(3) A Shuttle Permit and Shuttle Permit Authorization Sticker shall not exempt a Shuttle Bus from any other Parking restrictions or traffic regulations except as authorized by this Section 914, and a Shuttle Bus stopping or parking at any Muni stop, including a Designated Stop, in violation of the terms and conditions set forth in this Subsection (h) may be cited for violation of California Vehicle Code Section 22500(i). A Shuttle Bus stopping or parking at any white zone in the Designated Stop network in violation of the terms and conditions set forth in this Subsection (h) may be cited for violation of Transportation Code Section 7.2.38.
(4) The Permittee shall comply with all applicable federal, state, and local laws, including this Code, the California Vehicle Code, and applicable CPUC requirements, including those for registration, insurance, vehicle inspection, and regulation of drivers.
(5) The Permittee shall equip each Shuttle Bus with an on-board device capable of providing real-time location and Stop Event data to the SFMTA in accordance with specifications issued by the Director, and shall maintain a continuous feed of the specified data at all times when the Shuttle Bus is being used to provide Shuttle Service within the City. The Permittee shall begin providing a continuous feed of such data to the SFMTA on the first day that the Permittee begins providing Shuttle Service under the Permit unless the Director establishes an alternate date. The SFMTA shall not be responsible for any equipment, or for the failure of any equipment, installed inside any Shuttle Bus for any reason, including for the purpose of complying with this Section 914. If a Shuttle Bus becomes unable to provide the required data for any reason, Permittee shall not operate that Shuttle Bus in Shuttle Service without first notifying SFMTA of the identity of the bus, the route affected and the time at which Permittee expects the data transmission to be restored. To facilitate SFMTA’s monitoring of Shuttle Bus operations, the Director may issue regulations limiting the duration that a Shuttle Bus may operate in Shuttle Service without being able to provide the required data.
(6) The Permittee shall provide the following data regarding its Shuttle Buses, updated each month: average daily Stop Events per Designated Stop for all Shuttle Buses, monthly vehicle miles traveled by Shuttle Buses in commuter shuttle service in San Francisco (including any deadheading), average daily boardings in commuter shuttle service in San Francisco, average daily occupancy for each Shuttle Bus upon arrival at destination, and average number of daily Shuttle Buses in operation.
(7) The Permittee shall, in a timely manner and as otherwise required by law, pay all traffic and parking citations issued to its Shuttle Buses in the course of providing Shuttle Service, as well as all permit fees and penalties for permit violations as set forth in subsections (j) and (l) below, subject to the Permittee’s right under applicable law to contest such citations or penalties.
(8) Where the Director determines that the continued use of a particular Shuttle Bus listed on a Shuttle Provider’s permit application would constitute a risk to public safety, the Director shall notify the Shuttle Provider in writing, and said Shuttle Bus shall immediately be ineligible to use any Designated Stops unless and until the Shuttle Provider has proven to the satisfaction of the Director that the Shuttle Bus no longer constitutes a risk to public safety.
(9) Permitted Shuttle Buses that exceed 35 feet in length traveling in San Francisco may travel only on the major and minor arterial street network for the City of San Francisco, as determined by the California Department of Transportation, except as otherwise directed by police or other law enforcement officers, authorized SFMTA employees, or official traffic control devices.
(10) Permittee shall certify that all of its operators who drive permitted Shuttle Buses in San Francisco have viewed the SFMTA’s Large Vehicle Urban Driving Safety video, which will be made available to all permit applicants.
(11) Any Shuttle Service Provider providing Shuttle Service that is free to the public and provided by Shuttle Buses that display the words “Free to the Public” clearly legible on the loading side of the Shuttle Bus in letters at least four inches tall, shall be exempt from otherwise applicable permit fees for Stop Events made by such Shuttle Buses.
(12) All Shuttle Buses not already approved for use under the SFMTA’s commuter shuttle pilot program as of January 31, 2016 must be either model year 2012 or newer, or be equipped with a power source that complies with emissions standards applicable to 2012 model year vehicles of that class. As of January 1, 2020, all Shuttle Buses used by Permittees for Shuttle Service must be model year 2012 or newer, or be equipped with a power source that complies with emissions standards applicable to 2012 model year vehicles of that class. After January 1, 2020, all Shuttle Buses used by Permittees for Shuttle Service must be no more than eight model years old, or be equipped with a power source that complies with emissions standards applicable to the same class of vehicle eight model years prior to the current model year.
(13) Any Shuttle Bus not already authorized for use in the commuter shuttle program as of June 30, 2017, as evidenced by having been issued a Permit Authorization Sticker on or before that date, shall comply with disability access requirements issued by the Director.
(i) Duration of Shuttle Permits and Shuttle Permit Authorization Stickers. Shuttle Permits and Shuttle Permit Authorization Stickers issued under this Section 914 shall expire on August 31, 2017, unless such term is extended by the Director, and, if renewed, shall expire annually thereafter on June 30, unless a shorter term is requested by the Permittee, the Permit is revoked, or the Director for good cause finds a shorter term is warranted.
(j) Fees.
(1) Unless exempted under subsection (h)(11), Shuttle Service Providers shall pay a Designated Stop use and permit fee as set forth in Section 902. The fee is intended to cover the costs incurred by SFMTA as a result of permit program implementation, administration, enforcement, and evaluation. The Designated Stop use fee shall be determined by multiplying the total number of anticipated daily Stop Events stated in the permit application for each Permittee by the per stop fee set forth in Section 902.
The Director is authorized, in his or her discretion, to impose pro-rated Designated Stop use fees where a Shuttle Service Provider applies for a permit or permit modification with a duration of less than 12 months.
(2) Permittees shall be billed for the Designated Stop use and permit fee upon issuance or renewal of the Permit, and on a monthly basis thereafter. The Designated Stop use and permit fee shall be due and payable within 30 days from the date of invoice. Fees remaining unpaid 30 days after the date of invoice shall be subject to a 10% penalty plus interest at the rate of 1% per month on the outstanding balance, which shall be added to the fee amount from the date that payment is due.
(3) SFMTA shall reconcile the number of Stop Events for each Shuttle Service Provider against the actual stop data provided to the SFMTA on a semi-annual basis, but reserves the right to conduct such reconciliation on a more frequent basis if necessary or appropriate, including but not limited to when SFMTA has concerns about the accuracy or reliability of such data. Where the SFMTA determines that a Shuttle Service Provider has used Designated Stops more frequently than authorized under the Provider’s Permit, the Provider shall pay the additional Designated Stop use fee due. Where SFMTA determines that the Permittee’s use of Designated Stops exceeds the authorized number of daily Stop Events by 10% or more, the Provider shall pay the additional Designated Stop use fee due, plus a 10% penalty. All such fees shall be due within 30 days from the date of invoice. Fees remaining unpaid after that date shall be subject to interest at the rate of 1% per month on the outstanding balance, which shall be added to the fee amount from the date that payment is due.
(k) Grounds for Suspension or Revocation.
(1) The Director may suspend or revoke a permit issued under this Section 914 upon written notice of revocation and opportunity for hearing. The Director is authorized to promulgate hearing and review procedures for permit suspension and revocation proceedings. Upon revocation or suspension, the Shuttle Service Provider shall surrender such Permit and the Shuttle Permit Authorization Stickers authorized under the Permit in accordance with the instructions in the notice of suspension or revocation.
(2) Where the Director determines that public safety is at risk, or where the Permittee's continued operation as a Shuttle Service Provider would be in violation of the California Public Utilities Code or the California Vehicle Code, the Director is authorized to suspend a permit issued under this Section 914 immediately upon written notice of suspension to the Permittee, provided that the Director shall provide the Permittee with the opportunity for a hearing on the suspension within five business days of the date of notice of suspension.
(3) A permit issued under this Section 914 may be suspended or revoked under this paragraph following the Director's determination after an opportunity for hearing that:
(A) the Permittee has failed to abide by any permit condition, including repeated failure to pay the Designated Stop use and permit fee or any penalties imposed for violation of this Section 914;
(B) the Permittee knowingly or intentionally provided false or inaccurate information on a permit application;
(C) one or more of Permittee's Shuttle Buses have, in the course of providing Shuttle Service, repeatedly and egregiously violated parking or traffic laws;
(D) the Permittee's continued operation as a Shuttle Service Provider would constitute a public safety risk; or
(E) the Permittee's continued operation as a Shuttle Service Provider would be in violation of the California Public Utilities Code or the California Vehicle Code.
(l) Administrative Penalties.
(1) This Section shall govern the imposition, assessment and collection of administrative penalties imposed for violations of permit conditions set forth under Subsection 914(h).
(2) The SFMTA Board of Directors finds:
(A) That it is in the best interest of the City, its residents, visitors and those who travel on City streets to provide an administrative penalty mechanism for enforcement of Shuttle Bus permit conditions.
(B) That the administrative penalty scheme established by this section is intended to compensate the public for the injury or damage caused by Shuttle Buses being operated in violation of the permit conditions set forth under Subsection 914(h). The administrative penalties authorized under this section are intended to be reasonable and not disproportionate to the damage or injury to the City and the public caused by the prohibited conduct.
(C) The procedures set forth in this Section are adopted pursuant to Government Code Section 53069.4, which governs the imposition, enforcement, collection, and administrative review of administrative citations and fines by local agencies, and pursuant to the City's home rule power over its municipal affairs.
(4) Administrative penalties may not exceed $500 for the first violation of Subsection 914(h) by a Permittee or $1000 for any subsequent violation of Subsection 914(h) within a 12-month period by that Permittee for each violation. In determining the amount of the penalty, the officer or employee who issued the citation may take any or all of the following factors into consideration:
(A) The duration of the violation;
(B) The frequency, recurrence and number of violations by the same violator;
(C) The seriousness of the violation;
(D) The good faith efforts of the violator to correct the violation;
(E) The economic impact of the fine on the violator;
(F) The injury or damage, if any, suffered by any member of the public;
(G) The impact of the violation on the community;
(H) The amount of City staff time expended investigating or addressing the violation;
(I) The amount of fines imposed by the charging official in similar situations;
(J) Such other factors as justice may require.
(5) The Director of Transportation is authorized to designate officers or employees of the Municipal Transportation Agency to issue citations imposing administrative penalties for violations of the permit conditions set forth in Subsection 914(h), hereafter referred to as the "Charging Official."
(6) Administrative Citation. A Charging Official who determines that there has been a violation of the permit conditions set forth in Subsection 914(h), may issue an administrative citation to the Shuttle Service Provider permitted under this Section 914. The Charging Official shall either serve the citation personally on the Shuttle Service Provider or serve it by certified U.S. mail sent to the address indicated on the Shuttle Service Provider's permit application.
(7) The citation shall contain the following information: the name of the person or entity cited; the date, time, address or location and nature of the violation; the date the citation is issued; the name and signature of the Charging Official; the amount of the administrative penalty, acceptable forms of payment of the penalty; and that the penalty is due and payable to the SFMTA within 15 business days from (A) the date of issuance of the citation if served personally, or (B) the date of receipt of the citation if served by certified U.S. Mail. The citation shall also state that the person or entity cited that it has the right to appeal the citation, as provided in Subsection 914(l).
(8) Request for Hearing; Hearing.
(A) A person or entity may appeal the issuance of a citation by filing a written request with the SFMTA Hearing Division within 15 business days from (i) the date of the issuance of a citation that is served personally or (ii) the date of receipt if the citation is served by certified U.S. Mail. The failure of the person or entity cited to appeal the citation shall constitute a failure to exhaust administrative remedies and shall preclude the person or entity cited from obtaining judicial review of the validity of the citation.
(B) At the time that the appeal is filed, the appellant must deposit with the SFMTA Hearing Division the full amount of the penalty required under the citation.
(C) The SFMTA Hearing Division shall take the following actions within 10 days of receiving an appeal: appoint a hearing officer, set a date for the hearing, which date shall be no less than 10 and no more than 60 days from the date that the appeal was filed, and send written notice of the hearing date to the appellant and the Charging Official.
(D) Upon receiving notice that the SFMTA Hearing Division has scheduled a hearing on an appeal, the Charging Official shall, within three City business days, serve the hearing officer with records, materials, photographs, and other evidence supporting the citation. The hearing officer may grant a request to allow later service and may find good cause to continue the hearing because of the delay.
(E) The hearing officer shall conduct all appeal hearings under this Chapter and shall be responsible for deciding all matters relating to the hearing procedures not otherwise specified in this Section. The Charging Official shall have the burden of proof in the hearing. The hearing officer may continue the hearing at his or her own initiative or at the request of either party, and may request additional information from either party to the proceeding. The hearing need not be conducted according to technical rules of evidence and witnesses. Any relevant evidence is admissible if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.
(F) The following provisions shall also apply to the appeal procedure:
(i) A citation that complies with the requirements of Section 914(l)(7) and any additional evidence submitted by the Charging Official shall be prima facie evidence of the facts contained therein;
(ii) The appellant shall be given the opportunity to present evidence concerning the citation; and
(iii) The hearing officer may accept testimony by declaration under penalty of perjury relating to the citation from any party if he or she determines it appropriate to do so.
(iv) After considering all of the testimony and evidence submitted by the parties, the hearing officer shall issue a written decision within 15 business days from completion of the hearing upholding, modifying or vacating the citation and shall set forth the reasons for the determination. This shall be a final administrative determination.
(v) If the hearing officer upholds the citation, the hearing officer shall inform the appellant of its right to seek judicial review pursuant to California Government Code Section 53069.4. If the citation is upheld the City shall retain the amount of the fine that the appellant deposited with the City.
(vi) If the hearing officer vacates the citation, the City shall promptly refund the deposit. If the hearing officer partially vacates the citation, the City shall promptly refund that amount of the deposit that corresponds to the hearing officer's determination. The refund shall include interest at the average rate earned on the City's portfolio for the period of time that the City held the deposit as determined by the Controller.
(G) Any person aggrieved by the action of the hearing officer taken pursuant to this Chapter may obtain review of the administrative decision by filing a petition for review in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.
(H) If a final order of a court of competent jurisdiction determines that the SFMTA has not properly imposed a fine pursuant to the provisions of this Section, and if the fine has been deposited with the SFMTA as required by Section 914(l)(8)(B), the SFMTA shall promptly refund the amount of the deposited fine, consistent with the court's determination, together with interest at the average rate earned on the City's portfolio.
(9) Upon request by a Shuttle Service Provider owing administrative penalties for violation of permit conditions set forth under Subsection 914(h), the SFMTA may enter into a payment plan with that Shuttle Service Provider. Any such payment plan shall not extend the time for payment beyond 90 days from the otherwise applicable due date for the most recent penalty encompassed by the payment plan. In no event shall SFMTA establish more than three such payment plans for any individual Shuttle Service Provider.
(10) Administrative penalties shall be deposited in the Municipal Transportation Fund and may be expended only by the SFMTA.
(11) Fines that remain unpaid 30 days after the due date shall be subject to a late payment penalty of 10% plus interest at the rate of 1% per month on the outstanding balance, which shall be added to the penalty amount from the date that payment is due.
(Added by SFMTA Bd. Res. No. 14-023
, Ad. 1/21/2014, Eff. 2/21/2014
; amended by SFMTA Bd. Res. No. 14-061
, Ad. 4/15/2014, Eff. 5/16/2014, Oper. 7/1/2014; SFMTA Bd. Res. No. 15-004
, Ad. 1/6/2015, Eff. 2/6/2015; SFMTA Bd. Res. No. 15-161
, Ad. 11/17/2015, Eff. 12/18/2015; SFMTA Bd. Res. No. 16-028
, Ad. 3/1/2016, Eff. 4/1/2016; SFMTA Bd. Res. No. 170221-023, Ad. 2/21/2017, Eff. 3/24/2017)
(a) General Permit Requirements.
(1) The SFMTA shall issue an On-Street Shared Electric Moped Parking Permit for use of a Shared Electric Moped upon receipt of a written application from a qualified Shared Electric Moped Organization on a form prescribed by the SFMTA.
(2) No more than one permit shall be issued for each Shared Electric Moped.
(3) An On-Street Shared Electric Moped Parking Permit will be issued for a specific Shared Electric Moped and is non-transferable.
(4) A valid On-Street Shared Electric Moped Parking Permit must be displayed on the permitted Shared Electric Moped at all times.
(5) The permitted Shared Electric Moped must be available to members and available for pick-up by members on a 24 hour, seven days per week basis.
(6) The SFMTA reserves the right to revoke an On-Street Shared Electric Moped Parking Permit at any time upon written notice of revocation. The Permittee shall surrender such permit in accordance with the instructions in the notice of revocation.
(7) Both the name of the Shared Electric Moped Organization and a customer service phone number must be permanently displayed on both sides of the permitted Shared Electric Moped.
(b) Criteria for Granting an On-Street Shared Electric Moped Parking Permit.
(1) The SFMTA shall require the Shared Electric Moped Organization to gather and share utilization data as specified on the written application.
(c) Application Requirements. Each application for a permit or renewal of a permit may be submitted at any time during the calendar year, and shall include a copy of the Department of Motor Vehicles vehicle registration certificate for each Shared Electric Moped for which a permit is requested and the following information:
(1) Identity of the Shared Electric Moped Organization;
(2) The business and mailing address for the Shared Electric Moped Organization;
(3) Proof that the applicant owns the Shared Electric Moped and that the vehicle will be used for only electric moped sharing related purposes; and
(4) Addition information that the MTA may require as part of the application.
(d) Permit Privileges. Each Shared Electric Moped that displays a valid On-Street Shared Electric Moped Parking Permit shall be permitted to Park in the following locations:
(1) at an on-street Parking Meter without depositing payment as required by Division I, Section 7.2.23 (Payment of Parking Meter) where:
(A) the metered space is designated for motorcycle parking, or
(B) the metered space is configured for parallel parking such that the Shared Electric Moped Parks in a manner which allows another vehicle to also use the metered space.
(2) in Residential Parking Permit (RPP) areas without being subject to applicable time limits as required by Division I, Section 7.2.20 (Residential/Carpool Parking), or Parked in a designated Motorcycle Parking Space.
(e) The Shared Electric Moped Parking Permit does not exempt the Shared Electric Moped from any other Parking restriction.
(f) Number of Permits. A Shared Electric Moped Organization is required to initially request a minimum of 100 On-Street Shared Electric Moped Parking Permits. Thereafter, a Shared Electric Moped Organization may request a single permit if at least 100 active On-Street Shared Electric Moped Parking Permits are maintained at any given time.
(g) Duration of Shared Electric Moped Permit. On-Street Shared Electric Moped Parking Permits may be issued by SFMTA at any time during the calendar year but every permit shall expire on June 30 of each calendar year unless otherwise renewed or revoked.
(Added by SFMTA Bd. Res. No. 170620-084, Ad. 6/20/2017, Eff. 7/21/2017, Oper. 2/19/2018)
(a) General Permit Program Requirements.
(1) The Director of Transportation is authorized to implement a program for the issuance of Powered Scooter Share Permits
1 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 Director of Transportation has the authority in the Director’s discretion to grant revocable Powered Scooter Share Permits for operation in the public right-of-way under the jurisdiction of the SFMTA or the Department of Public Works (“Public Works”) in the City upon receipt and evaluation of applications from Powered Scooter Share Operators on a form prescribed by the SFMTA which meets the requirements of this Section 916. The Director of Transportation shall determine the maximum number of Powered Scooters authorized under the Powered Scooter Share Permit Program and shall determine the appropriate number of permittees. Permit terms may be up to two years. A permittee whose permit is revoked shall not be eligible to reapply for a permit for six months from the date of revocation.
(3) The Director of Transportation may determine criteria for evaluation of permit applications. In evaluating a permit application, the Director of Transportation may consider, among other factors, the extent to which an operator has the capacity to meet the permit terms based on past experience operating mobility programs, including, but not limited to, the operator’s compliance with applicable laws and its efforts to ensure compliance by its users with applicable laws.
(b) Permit Required. No Powered Scooter that is part of a Powered Scooter Share Program may be parked, left standing, or left unattended on any sidewalk, Street, or public right-of-way under the jurisdiction of the SFMTA or Public Works without the Powered Scooter Share Operator first obtaining a permit under this Section 916.
(c) Director’s Authority to Impose Powered Scooter Share Program Permit Conditions. The Director of Transportation may impose permit conditions, including but not limited to, those conditions that the Director determines are necessary to protect the public convenience and safety.
(d) General Permit Requirements for Powered Scooter Share Program Permits.
(1) The name and current contact information for the Powered Scooter Share Operator, as well as a unique number identifying the scooter, shall be prominently displayed on each scooter that is part of a Powered Scooter Share Program.
(2) The Director of Transportation reserves the right to revoke a Powered Scooter Share Program Permit for cause or issue a summary suspension at any time upon written notice of revocation or summary suspension as set forth in subsection (f) of this Section 916. The Powered Scooter Share Program Operator shall surrender such permit in accordance with the instructions in the notice of revocation or summary suspension.
(3) A permit fee must be paid by the permit applicant before any permit may be issued or renewed. In addition, an applicant 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 Powered Scooter belonging to a Powered Scooter Share Program Operator that is parked, left standing, or unattended on any sidewalk, Street, or public right-of-way under the jurisdiction of the SFMTA or Public Works without a permit, the Powered Scooter Share Operator shall, in addition to paying any applicable fines or penalties, remove the scooter within two hours.
(5) To be eligible and qualified to obtain a Powered Scooter Share Program Permit, a Powered Scooter Share Program Operator shall agree to, as applicable, the following minimum requirements:
(A) Provide Powered Scooters of high quality, that are sturdily built and with tamper-resistant hardware to accommodate a range of users, comply with California Vehicle Code requirements, will withstand the rigors of outdoor storage and constant use, have integrated lock-to capabilities, and adhere to standard certifications as determined by the SFMTA; and make available two sample scooters for inspection and evaluation by the SFMTA.
(B) Ensure that Powered Scooters are only 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, and that are clearly and understandably communicated to the customer prior to scooter use.
(C) Equip each Powered Scooter 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, maintain a continuous feed of the required data at all times for scooters made available to customers, and maintain aggregated data as the SFMTA deems necessary. The Powered Scooter Share Program Operator shall provide such data to the SFMTA as directed.
(D) Provide adequate insurance in compliance with State law and as determined by the City’s Risk Manager, which lists the City and County of San Francisco as an additional insured, and which covers each Powered Scooter 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 each user using the Powered Scooter during the period of use. Further, the Permittee must indemnify and hold the City and County of San Francisco, its departments, commissions, boards, officers, employees, and agents (collectively, “Indemnitees”) harmless from and against any and all claims, demands, actions, or causes of action that 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.
(E) Reimburse the SFMTA within 30 days for costs if the SFMTA, Public Works, or any other City agency, department, or commission, including the City Attorney’s Office, incurs any such costs of addressing or abating any violations of this Section 916, including repair or maintenance of public property, upon receiving written notice of such City costs. The SFMTA shall arrange for transfer of funds to any other City agency, department, or commission that incurred costs described above. The Powered Scooter Share Operator’s payment under this subsection (d)(5)(E) shall not substitute for any installment payment otherwise owed or to be paid to the SFMTA.
(F) Develop a targeted community outreach plan which complies with SFMTA’s Community Engagement Plan Requirements, as amended from time to time, which shall include, but not be limited to, a strategy to partner with advocacy and community benefit organizations, a culturally relevant and multilingual communications plan, and an equitable Powered Scooter share implementation plan, to promote the use of their Powered Scooter sharing system citywide among low-income communities, and to implement the plan at its own cost. The Powered Scooter Share Program Operator shall keep a record of any public feedback received in a format and manner as determined by the SFMTA.
(G) Provide distribution of Powered Scooters available to customers consistent with the SFMTA’s distribution guidelines, as amended from time to time, including, but not limited to, identification of service areas, minimum service and distribution metrics, and availability requirements in specific neighborhoods classified as Communities of Concern by the Metropolitan Transportation Commission to meet equity goals. Provide a proposed service area, which meets the SFMTA’s distribution guidelines, for approval by the SFMTA and furnish an accurate map of the agreed-upon area to the SFMTA.
(H) Submit a maintenance, operations, cleaning, disposal, and repair plan for the Powered Scooters subject to approval by the SFMTA and Public Works.
(I) Submit a low-income user plan that waives any applicable scooter deposit and offers a minimum 50% discount off rental fees or unlimited trips under 30 minutes, and a cash payment option, to any user with an income level at or below 200% of the federal poverty guidelines.
(J) Provide 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. As part of the call center, the Powered Scooter Share Program Operator must provide a telephone number for customers and members of the public to report any concerns or complaints, which the Powered Scooter Share Program Operator must track. 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. The Powered Scooter Share Program Operator shall keep a record of any feedback received through the processes described herein in a format and manner as determined by the SFMTA.
(K) Submit a Privacy Policy consistent with 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.
(L) Submit aggregate user demographic data that does not identify individual users, payment methods, or their individual trip history, gathered by the system application, or through a City-administered survey, to the SFMTA periodically, and on no less than on an annual basis, using anonymized keys.
(M) Provide an electronic payment system that is compliant with the Payment Card Industry Data Security Standards (PCI DSS). Each transaction shall include the scooter identification number corresponding to the make and model of the scooter registered with the SFMTA.
(N) Use best efforts to ensure that its users comply with all applicable laws. Consistent failure by the users associated with a specific operator to comply with applicable laws shall be grounds for permit suspension or revocation. At a minimum, each Powered Scooter Share Program Operator shall provide to the user a summary of State and local laws governing the use of Powered Scooters, including but not limited to, informing the user of applicable requirements for licensing, helmets, travel on highways, parking, and use of sidewalks, as specified by the Director of Transportation. The user shall be required to acknowledge having read these requirements. The Powered Scooter Share Program Operator also shall comply with safety and parking requirements, including but not limited to, the following:
(1) A plan for educating users on proper scooter parking must be provided by the Powered Scooter Share Program Operator. A Powered Scooter Share Program Operator also shall pay a fee to SFMTA to cover the cost of SFMTA’s installation of bicycle racks to insure adequate scooter parking; and
(2) Report on collisions as directed by the SFMTA. In addition, during each quarter of the permit term, the Powered Scooter Share Program Operator shall offer to its customers not less than one safety training class every quarter.
(O) Comply with, and ensure that their employees and contractors comply with, applicable laws, including but not limited to, the provisions of this Section 916, and other applicable provisions of this Transportation Code, the Charter, and the remainder of the Municipal Code, the California Vehicle Code, California worker’s compensation laws, and the Americans with Disabilities Act.
(P) No permit may be transferred without the prior written approval of the Director of Transportation. Permittees shall promptly notify SFMTA of any changes to their corporate structure or ownership. Failure to do so shall be cause for revocation of the permit. For purposes of this paragraph, “transfer” includes the sale or other exchange of 50% or more of the ownership or control of a permittee to a third party.
(Q) Sustainability.
(1) Comply with the City’s Zero Waste Policy, as amended from time to time, with regard to disposal of scooters and scooter parts; and
(2) Document and report to the SFMTA new non-revenue vehicle miles traveled (VMT), and number and length of trips generated by collecting, redistributing, and charging activities, in a format prescribed by the Director of Transportation.
(R) Provide a labor harmony plan. Labor harmony is critical for the provision of scooter services in the context of safety and maintenance, as well as equitable geographic device distribution. The Powered Scooter Share Program Operator shall include a description of the means by which the operator 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. The Powered Scooter Share Program Operator shall provide in its plan any agreements or documents evidencing such steps, as well as information regarding employee work hours, working conditions, and wages.
(S) Comply with the SFMTA’s adaptive scooter program requirements, as amended from time to time.
(T) Sidewalk Riding Detection Technology.
(i) Effective September 1, 2023, all devices deployed in the Powered Scooter Share Program must be enabled with all the following sidewalk riding detection technologies:
a. GPS location-based technology that detects mounting or riding on the sidewalk.
b. Technology to emit continuous and audible messages to riders when mounting or riding on the sidewalk, either through the scooter or mobile device application. The scooter or application message must give an audible message such as “No Sidewalk Riding.”
c. Technology to analyze and provide an end-of-trip performance report informing the rider of any possible riding violations.
d. Technology to implement geofencing restrictions in areas designated by the SFMTA.
(ii) Effective September 1, 2023, in addition to the requirements in subsection (d)(5)(T)(i) above, all devices deployed in the Powered Scooter Share Program must be equipped with at least one of the following additional sidewalk riding detection technologies:
a. Camera-based detection technology that detects mounting or riding on the sidewalk.
b. Gyroscopes, accelerometers, or other similar methods of detecting patterns of vibration typical of mounting or riding on the sidewalk.
c. Active deceleration of the scooter upon mounting or riding on the sidewalk to a speed of 3 miles per hour within a ten-second period, accompanied by directions to the rider to get off the sidewalk or to come to a complete stop.
d. A second GPS-based device, or additional GPS signal processing, that allows the permittee to determine the location of a scooter within a meter or less of the scooter’s location.
e. Sidewalk riding detection technology equivalent to the above technologies as approved by SFMTA staff.
(iii) Monthly Report. Effective October 1, 2023, Scooter Share permittees must provide a monthly sidewalk riding report to SFMTA in a form designated by staff.
(e) Powered Scooter Share Program Permit Issuance.
(1) (1) After evaluating an applicant’s permit application, the Director of Transportation shall either grant the Permit as requested, 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 of the Director of Transportation’s decision to deny a permit or grant a permit with modifications. Review of the Director’s decisions will be conducted under the substantial evidence standard. The Director shall issue procedures governing review of these decisions by a neutral hearing officer. In applying the substantial evidence standard, the neutral hearing officer shall not reweigh the evidence. The hearing officer may either deny the appeal or order reconsideration by the Director of the matter in light of the decision, but the order shall not limit or control in any way the discretion legally vested in the Director to issue permits.
(2) 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 shared Powered Scooters in the public right-of-way, cause an imbalance in the geographical distribution of scooters that are part of the Powered Scooter Share Program, or otherwise not be in the public interest.
(f) Permit Revocation or Summary Suspension.
(1) Summary Suspension. When the Director of Transportation determines that an alleged permit violation poses an imminent or ongoing risk to public health or safety, the SFMTA may summarily suspend the permit pending the outcome of a hearing conducted pursuant to the Director of Transportation’s procedures for review of revocation and summary suspension decisions referenced in subsection (f)(3) below. Any affected Permitee
2 shall be given a Notice of Summary Suspension, in writing, delivered to said Permittee in person or by first-class U.S. Mail.
(2) For good cause, the Director of Transportation may revoke any permit issued under this Section 916. “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 Powered Scooters regulated by this Code; or
(D) The Permittee has violated one or more conditions of the permit.
(3) A Permittee may request review of the Director of Transportation’s decision to revoke or summarily suspend a permit. The Director shall issue procedures governing review of these decisions by a neutral hearing officer.
(g) Administrative Penalties Applicable to Powered Scooter Share Program Operators.
(1) Any Powered Scooter Share Program Operator who violates Division I, Section 7.2.110 of this Code is subject to the issuance of a citation and imposition of an administrative penalty.
(2) Any Powered Scooter Share Program Operator who violates one or more conditions of a permit issued under this Section 916 is subject to the issuance of a citation and imposition of an administrative penalty.
(3) Administrative penalties may not exceed $500 for each offense.
(4) In addition to other designated employees, the Director of Transportation is authorized to designate officers or employees of the Municipal Transportation Agency to enforce Division 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.
(h) Procedure for Assessment and Collection of Administrative Penalties.
(1) This subsection (h) shall govern the imposition, assessment, and collection of administrative penalties imposed pursuant to subsection (g).
(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 Powered Scooter Share Program Permit requirements established by this Section 916, including the SFMTA’s Mobility Device Parking Requirements, as amended from time to time; and
(B) That the administrative penalty scheme established by this Section 916 is intended to compensate the public for the injury or damage caused by any person or Powered Scooter Share Operator who parks or leaves standing or unattended any Powered Scooter, that is part of a Powered Scooter 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 Powered Scooter to be parked, left standing, or left unattended at that location. The administrative penalties authorized under this Section 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 served by certified U.S. mail to the last known address for the Powered Scooter Share Operator. The citation shall state 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, under subsection (h)(4), to request an administrative hearing of the 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 to the last known address for the Powered Scooter owner.
(4) Request for Hearing; Hearing.
(A) A person or entity that has been issued an administrative citation may request a hearing by submitting to the SFMTA Hearing Section a written request for hearing, with a copy provided to the SFMTA officer or employee who issued the administrative citation, within 15 business days of the date of the citation in order to contest the citation. Failure to request a hearing in a timely manner or to attend a scheduled hearing shall be deemed a waiver of the right to hearing.
(B) At the time the administrative hearing request is filed, the requesting party must deposit with the SFMTA Hearing Section the full amount of the penalty required under the citation.
(C) Whenever an administrative hearing is requested under this subsection (h)(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 SFMTA and the affected party.
(D) 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, by a preponderance of the evidence, shall be on the City, but the administrative citation shall be prima facie evidence of the violation.
(E) 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, but the Hearing Officer may not adjust the penalty in the context of an administrative hearing conducted under this Section 916. 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.
(B) Where a person or entity has made a timely request for administrative hearing, and the violation and penalty have been dismissed upon review, the amount deposited by the requestor under subsection (h)(4)(B) shall be refunded or credited to the requestor, at the requestor’s option not later than 10 business days from the date of the notice of decision issued under subsection (h)(4)(E).
(C) If a penalty due and payable under subsections (h)(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 916, 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.
(i) Department of Public Works – Coordination. A Powered Scooter Share 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, had an opportunity to review and comment on the application, and has issued any other required permit(s).
(Added by SFMTA Bd. Res. No. 180501-073, Ad. 5/1/2018, Eff. 6/1/2018; amended by SFMTA Bd. Res. No. 180619-093, Ad. 6/19/2018, Eff. 7/20/2018; SFMTA Bd. Res. No. 190716-098, Ad. 7/16/2019, Eff. 8/16/2019; SFMTA Bd. Res. No. 200818-073, Ad. 8/18/2020, Eff. 9/18/2020; SFMTA Bd. Res. No. 210119-010, Ad. 1/19/2021, Eff. 2/19/2021, Oper. 2/19/2021; SFMTA Bd. Res. No. 230418-034, Ad. 4/18/2023, Eff. 5/19/2023)
CODIFICATION NOTE