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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)
Apart from and separate from any insurance required under this chapter, the licensee and its company agree to indemnify, defend and hold harmless city (and its officials, employees, officers, agents, contractors, insurers, or assigns) from and against all actions, damages or claims, including reasonable attorneys' fees, (collectively, "Claims") brought against city for personal or bodily injury or death to any person, or damage or destruction of any property, arising out of or resulting from performance or breach regarding any activity related to a shared mobility device license provided that such claim, damage, loss, or expense is: (1) attributable to personal injury, bodily injury, sickness, death, or destruction of property, including the loss of use resulting therefrom, or breach of contract, and (2) not caused by the negligent act or omission or willful misconduct of the city or its elected and appointed officials and employees acting within the scope of their employment. City's right to indemnification shall be contingent on city notifying company promptly following receipt or notice of any claims; company shall have sole control of company's defense, including the ability to choose counsel; and city shall not consent to the entry of a judgment or enter into any settlement without the prior written consent of company. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021)
Licensees shall provide city with proof of insurance coverage exclusively for the operation of shared mobility devices including: (a) commercial general liability insurance coverage with a limit of no less than one million dollars ($1,000,000.00) each occurrence and two million dollars ($2,000,000.00) aggregate; (b) automobile insurance coverage with a limit of no less than one million dollars ($1,000,000.00) each occurrence and one million dollars ($1,000,000.00) aggregate; and (c) where licensee employs persons within the city, workers' compensation coverage of no less than the statutory requirement. Licensees' insurance shall also name city as an additional insured on a primary and non-contributory basis, including a waiver of subrogation in favor of city. A certificate of insurance shall be delivered to the city clerk prior to the issuance of a license. Licensees are required to maintain insurance coverage throughout the duration of the license. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021)
A person may appeal a decision of the city clerk to deny an application by filing a written appeal to the office of the city clerk within fourteen (14) days of the date of the decision. An administrative fee of fifty dollars ($50.00) shall be paid at the time the appeal is filed. Failure to file the appeal and pay the administrative fee shall constitute a waiver of the right to a hearing, and the decision shall thereupon become final. If the written appeal and administrative fee are filed in conformance with this section, a hearing shall be scheduled and conducted pursuant to section 3-8-14. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021)
A. Any application filed or license issued under the provisions of this chapter may be denied, suspended, or revoked by the city clerk as follows:
1. Violation of any provision of this chapter or any other section of this code or has otherwise conducted business in a negligent and or an unlawful manner.
2. Fraud, misrepresentation, or false statements made in securing a license.
3. Fraud, misrepresentation, or false statements made in the course of the applicant's business.
4. Failure to cooperate and with all reasonable requests of any official of the city.
5. Failure of any licensee to maintain the appropriate insurance, or county, state, and federal licenses and permits, during the term of the license.
B. Upon receipt of information alleging grounds exist to suspend or revoke a shared mobility device license, or a written appeal and administrative fee have been received at the office of the city clerk, the city clerk shall cause a notice to be sent by ordinary mail to the applicant or licensee at the address noted in the application. Said notice shall state that a hearing has been set before the city council not less than thirty (30) days from the date of the notice. The notice shall include the reason and grounds for the hearing, the date and time of the hearing, and the place where the hearing will be conducted. The licensee shall have thirty (30) days from the date of the notice to remedy such grounds for the denial, suspension, or revocation.
C. Upon such hearing, if the city council determines that one or more of such grounds do exist, it may suspend or revoke an existing license or uphold a decision to deny a license. A suspension shall constitute a minimum period of fourteen (14) calendar days from the date of the hearing, during which period the licensee may not conduct any business. In the event such license is revoked, no shared mobile device license shall be issued to the licensee for a period of one calendar year from the date of the revocation. The licensee shall have thirty (30) days to remove the licensee's fleet of shared mobility devices from the city's right-of-way. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021)
A. Licensee: Any person who violates any of the provisions of this chapter shall be guilty of a municipal infraction and fined as provided in section 1-3-2 of this code. The provisions of this chapter relating to section 3-8-6 shall apply to all shared mobile device operators whether or not they are a licensed mobile food business.
B. Riders: Shared mobility device riders who violate sections 3-8-8 or 3-8-9 of this chapter or any section of title 6, chapter 2, Bicycles Or Scooters, shall be guilty of a municipal infraction and fined as provided in section 1-3-2 of this code. The parent or guardian of any person under the age of eighteen (18) who violates any of the provisions of this chapter shall be responsible to pay the fines. A violation of any provision of this chapter by a person under the age of eighteen (18) shall not affect any civil right or liability nor shall such violation be considered a criminal offense. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021)
If any section, provision or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. (Ord. 5601, 6-1-2021; amd. Ord. 5608, 7-19-2021)