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For the purposes of this chapter, certain terms and words are hereby defined:
ELECTRIC-ASSIST BICYCLES: | Electric-assist bicycles as defined by section 6-2-1. |
OPERATOR: | Any individual or business engaged in shared mobility device business regardless of whether the operator has received a license. An operator shall include employees, managers, officers, principals, directors, owners, contractors, representatives, or agents. |
RIDER: | Any individual that pays to operate a shared mobility device. |
SHARED ELECTRIC SCOOTER: | A device weighing less than one hundred fifty (150) pounds, which has (i) has handlebars and an electric motor, (ii) is solely powered by the electric motor and/or human power, and (iii) has a maximum speed of no more than twenty (20) miles per hour on a paved level surface when powered solely by the electric motor. |
SHARED MOBILITY DEVICE: | Shall mean any self-service vehicle made available by an individual or business for a fee, for shared use to individuals on a temporary basis that is displayed, offered, or placed for use on any public property and returned at the end of use on any public property. Shared mobility devices may include, but are not limited to, shared electric foot scooters. A shared mobility device shall not include a vehicle in service for a transportation network company or a taxicab as regulated by article 3-5A of this code, a shared mobility device rented from and returned to a brick and mortar business. Shared mobility devices may include, but are not limited to, shared electric scooters and electric bicycles, as defined by subsection 6-2-1A. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021) |
The purpose of this chapter is to establish rules and regulations governing shared mobility device operators and riders within the city of Waterloo (the "City") and to ensure that such mobility sharing systems are consistent with the safety and well-being of bicyclists, pedestrians, and other riders of the public rights-of-way. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021)
The city may, by resolution, establish boundaries for operating shared mobility devices and set maximum speed limits within those boundaries. Operators shall be required to conduct business within this operating area. Licensee shall not operate within boundaries established by a special event or events held on city property. Shared mobility devices operating within the operating area shall be limited to a maximum speed of fifteen (15) miles per hour. It is unlawful to let, lease, or rent any shared mobility device in the operating area which is not equipped with a device or governor limiting the maximum speed of fifteen (15) miles per hour. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021; Ord. 5609, 8-2-2021)
A. Any entity or individual seeking to operate a shared mobility device program within the city shall first obtain a shared mobility device license ("License") from the city conditioned on compliance with the provisions of this chapter and any other conditions (including insurance, indemnity, and performance bond) established by the city clerk. No entity shall operate a shared mobility device program within the city except pursuant to such license and provisions (each such operator, a "Licensee").
B. Contents Of Application: Applicants for a license under this chapter shall complete and submit to the city clerk an application, fee, and supporting documentation, all of which shall include but not be limited to the following information:
1. The name, address, and phone number of the applicant, along with at least one form of identification that includes a photograph of the applicant. The name, address and phone number of the business. The name and contact information of the local manager if the local manager is not the applicant.
2. The type and number of shared mobile devices to be used.
4. Application fee as listed in subsection E of this section.
C. Filing: Applications shall be filed with the city clerk's office. No application shall be accepted for filing and processing unless it conforms to the requirements of this chapter. This includes a complete and true application, all of the required materials and information prescribed, and the appropriate application fee.
D. Timely Filing: An application must be filed at the office of the city clerk not less than fifteen (15) business days prior to the first day of operation for a new license or the expiration date of a shared mobile device license. The city reserves the right to reject any application not filed in a timely manner.
E. Fees: The license shall last two years, have an initial annual cost of five hundred dollars ($500.00), and have a renewal cost of two hundred dollars ($200.00) per year thereafter. Application fees are due at the time of filing the application and are not refundable. Once the license is issued, the licensee shall be required to pay to the city five cents ($0.05) per ride purchased by a rider on a quarterly basis. All outstanding fees owed to the city must be paid in order to receive and maintain a license.
F. Change In Application Information: Upon any change in any of the information required to be submitted as part of the application, the licensee shall, within five (5) business days of such change, notify the city clerk in writing and provide the updated information. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021)
A. Issuance And Licensee Limits: If the city clerk finds the application is complete and made in conformance with section 3-8-4 of this chapter, and upon investigation of the facts stated therein are correct, the licensee shall be approved by the city council and a license shall be issued. All outstanding fees owed to the city shall be paid prior to issuing the license. The city clerk shall issue a license to no more than two (2) shared mobility device licenses.
B. Term Of License: An initial license shall be issued for a period of two (2) years. Following the initial license period, a new license may be issued for a period of one year. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021)
A. Except as otherwise provided herein, city shall regulate the operation of shared mobility devices in a manner no more restrictive than its regulation of shared bicycles. Licensees shall require all riders certify they are age eighteen (18) or older by providing a state issued driver’s license or state issued identification card to the licensee’s mobile app customer interface. Hours of operation shall be four o’clock (4:00) A.M. to midnight.
B. Licensees shall provide easily visible contact information, including toll-free phone number and/or e-mail address on each shared mobility device for city employees and/or members of the public to make relocation requests or to report other issues with devices.
C. Fleet Size/Caps: Licensees shall have a fleet size of up to one hundred fifty (150). The city council may allow licensees to increase their fleet size on a weekly/monthly basis in the event that licensees provide data that supports increases in certain areas to meet rider demand for service.
D. Licensees shall maintain twenty four (24) hour customer service for customers to report safety concerns, complaints, or to ask questions. Licensees shall maintain a multilingual website, call center, and mobile app customer interface that is available twenty four (24) hours a day, seven (7) days a week. The aforementioned shall be compliant with the Americans with Disabilities Act.
E. In the event a safety or maintenance issue is reported for a specific device, that shared mobility device shall be made unavailable to riders and shall be removed within the time frames provided herein. Any inoperable or unsafe device shall be repaired before it is put back into service.
F. Within licensees' zone of operation, licensees shall respond to reports of incorrectly parked shared mobility devices, shared mobility devices continuously parked in one location for more than seventy two (72) hours, or unsafe/inoperable shared mobility devices by relocating, re-parking, or removing the shared mobility devices, as appropriate, within twelve (12) hours of receiving notice, except that licensees shall respond within four (4) hours of receiving notice in emergency situations.
G. In the event a licensee does not timely respond, and the condition of the shared mobility device cannot be easily remedied, such shared mobility devices may be removed by city crews with notice to licensee and taken to a city facility for storage at the expense of the licensee, not to exceed twenty dollars ($20.00) per shared mobility device.
H. Licensees shall provide notice to all riders that:
1. Shared mobility devices are to be ridden on streets, and where available, in bike lanes and multi-use recreational trails;
2. Shared mobility devices are to stay to the right of street lanes and to offer the right-of-way to bicycles on bike lanes and multi-use recreational trails;
3. Helmets are encouraged for all riders;
4. Riding responsibly is encouraged, and licensee will notify riders if repeated irresponsible riding is reported and recorded with identifying rider information.
I. Licensees shall provide education to shared mobility device riders on the city's existing rules and regulations, safe and courteous riding, and proper parking.
J. Licensees shall ensure service meets rider demand, and shall not be required to deploy in areas or zones where average ridership is below one and one-half (1.5) rides/day.
K. Licensee shall take reasonable steps to ensure that all riders understand the requirements of ADA accessibility and the importance of leaving ADA paths of travel clear and accessible.
L. A licensee shall only stage its shared mobility devices in areas approved by the city. If a licensee desires to stage shared mobility devices in areas other than the public right-of-way, the licensee must obtain the right to do so from the appropriate city department, property owner, or public agency. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021; Ord. 5609, 8-2-2021)
A. Shared mobility devices shall only be ridden on streets, and where available, in bike lanes and multi-use recreational trails.
B. Shared mobility devices shall stay to the right of street lanes and to offer the right of way to bicycles in bike lanes and on multi-use recreational trails. Riders of shared mobility devices shall be eighteen (18) years of age or older.
C. Riders of shared mobility devices shall park devices upright on hard surfaces in the furniture zone of the sidewalk, beside a bicycle rack or in another area specifically designated for bicycle parking, or on the street next to an unmarked curb. A furniture zone is defined as the outer four foot (4') section of a sidewalk along the curb.
D. Riders may park shared mobility devices in on-street parking spaces in the following circumstances:
1. When marked parking spaces are officially designated stations for such devices;
2. Where the furniture zone is less than three feet (3') wide;
3. Where there is no furniture zone;
4. In neighborhoods with rolled curbs, or with inadequate sidewalk space;
5. In marked parking spaces designated for motorcycles.
E. Riders may park shared mobility devices on blocks without sidewalks only if the travel lane(s) and six foot (6') pedestrian clear zone are not impeded.
F. Riders may park shared mobility devices on blocks without sidewalks only if the travel lane(s) and six foot (6') pedestrian clear zone are not impeded. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021; Ord. 5609, 8-2-2021)
A. Shared mobility devices shall not be ridden on sidewalks.
B. Riders shall not park shared mobility devices in such a manner as to block the pedestrian clear zone area of the sidewalk; ADA paths of travel including accessible ramps, any fire hydrant, call box, or other emergency facility; bus bench; or utility pole or box.
C. Riders shall not park shared mobility devices in such a manner as to impede or interfere with the reasonable use of any commercial window display, outdoor seating area, or access to or from any building entrance/exit doorway.
D. Riders shall not park shared mobility devices in such a manner as to impede or interfere with the reasonable use of any bicycle rack.
E. Riders shall not park shared mobility devices in the landscape/furniture zone directly adjacent to or within the following areas, such that access is impeded:
1. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks;
2. Loading zones;
3. Disabled parking zone;
4. Street furniture that requires pedestrian access (e.g., benches, parking pay stations, bus shelters, transit information signs, etc.);
5. Curb ramps;
6. Entryways; and
7. Driveways. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021)
A. City may require licensees to provide anonymized fleet and ride activity data for all trips starting or ending within the jurisdiction of city on any vehicle of licensee or of any person or company controlled by, controlling, or under common control with licensee, provided that, to ensure individual privacy:
1. Such data is provided via an application programming interface, subject to Licensee's license agreement for such interface, in compliance with a national data format specification such as the mobility data specification;
2. Such data shall be safely and securely stored by city which shall implement administrative, physical, and technical safeguards to protect, secure, and, where appropriate, encrypt or limit access to the data;
3. Such data shall be subject to publicly-available aggregation, retention, and privacy policies of licensee and city;
4. Any such data provided shall be treated as trade secret and proprietary business information, and shall be exempt from public records requests and requests by third parties except with the consent of licensee; and
5. Such data shall not be shared with law enforcement except pursuant to valid legal process.
B. City shall require licensee to provide such data to validate the quarterly completed ride fee payment listed in subsection 3-8-5E. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021)
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