HomeMy WebLinkAbout2018-4024 - Ordinance - 07/12/2018ORDINANCE NO. 2018-4024
AN ORDINANCE AMENDING CHAPTER 8, “BUSINESSES,” OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING
ARTICLE XIII “DOCKLESS BIKE SHARE PROGRAM”; PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of College Station (“City”) is a Texas home-rule city and as such is
empowered to employ its police powers to ensure public health, safety and welfare, including
regulating the use of its roadways, easements, public ways, and other properties, and
including the regulation of land use, businesses, structures and related activities in
accordance with applicable law; and
WHEREAS, pursuant to Texas Transportation Code Section 311.001, the City of College
Station maintains and regulates the streets and alleys within the City; and
WHEREAS, pursuant to Texas Transportation Code Section 316.021, cities may grant
permission and prescribe the consideration and terms for the use of a portion of a municipal
street or sidewalk for a private purpose if it does not interfere with the public use of the street or
sidewalk or create a dangerous condition on the street or sidewalk; and
WHEREAS, bike share service companies now possess GPS, 3G, and self-locking
technology on their bicycles such that their bicycles may be locked and opened by users with
a smart phone application and tracked to provide for operations and maintenance; and
WHEREAS, some of the goals of the City are to provide safe and affordable multimodal
transportation options to all residents, increase mobility across the City, maintain all current uses
of streets and sidewalks, and regulate the placement and proliferation of bicycles in the City’s
right-of-way in a manner that ensures the public health, safety and welfare; and
WHEREAS, bike share services are a component to help the City achieve its transportation
goals and the City desires to make bike share services available to residents, employees
and visitors in the City, while maintaining the right-of-way for use by the public for passage
and maintaining or enhancing property values; and
WHEREAS, the City will incur costs administering and regulating the use and safe operation of
bike share systems; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the facts and recitations of this Ordinance are hereby declared true and correct.
PART 2: That Chapter 8, “Businesses,” of the Code of Ordinances of the City of College
Station, Texas, be amended by adding Article XIII “Dockless Bike Share Program,”
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as set out in Exhibit “A”, attached hereto and made a part of this Ordinance for all
purposes.
PART 3: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or of the Code of
Ordinances of the City of College Station, Texas, that can be given effect without
the invalid or unconstitutional provision or application, and to this end the
provisions of this Ordinance are severable.
PART 4: That any person, corporation, organization, government, governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity violating any of the provisions of this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine of not less
than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00)
or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or
public health and sanitation ordinances, other than the dumping of refuse. Each day
such violation shall continue or be permitted to continue, shall be deemed a separate
offense.
PART 5: This Ordinance is a penal ordinance and becomes effective August 13, 2018
which is at least ten (10) days after its date of passage by the City Council, as
provided by City of College Station Charter Section 35.
PASSED, ADOPTED and APPROVED this 12th day of July, 2018.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
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Exhibit A
Article XIII Dockless Bike Share Program of Chapter 8, “Businesses,” of the Code of
Ordinances of the City of College Station, Texas, is hereby created to read as follows:
“ARTICLE XIII. DOCKLESS BIKE SHARE PROGRAM
Sec. 8-810. Applicability.
This Article applies to all Dockless Bike Share Systems and to all Dockless Bike Share
Operators unless expressly provided otherwise herein.
Sec. 8-811. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Customer means a person who rents or otherwise uses a Bicycle from a Dockless Bike
Share Operator.
Dockless Bike, Bicycle or Bike means a device that a person may ride that is propelled by
human power, typically has two tandem wheels, and is part of a Dockless Bike Share System.
Dockless Bike Share Operator or Operator means a corporation, firm, joint venture,
limited liability company, partnership, person, or other organized entity that operates a Dockless
Bike Share System, whether for profit or not for profit.
Dockless Bike Share System means a system which provides Bicycles for short-term
rentals for point-to point trips and which may be locked and unlocked without the requirement of
a bicycle rack or other docking station within the City.
Geo-Fence Platform means an interactive geographic spatial layer or map controlled by
the City to quickly and effectively detect and manage connected devices, like shared Bicycles, in
the City’s public spaces.
Geo-Fence Zone means an area used for commercial, single-family, or multi-family
purposes in the City and which is designated in accordance with this Article defined by GPS or
RFID that registers when a mobile device like a Bicycle enters or leaves such designated area and
in which Operator is allowed to conduct certain activities as set forth in this Article.
Home Zone means one or more areas located within a Geo-Fence Zone which is approved
by the City as a Home Zone for an Operator within which Operator may store, relocate or rebalance
its fleet of Bikes for availability to its Customers or within which the City may relocate Bikes
which fail to meet the standards under this Article.
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Public Right-of-Way means public land acquired by reservation, dedication, prescription,
deed, or condemnation and intended for use by the public as a street, alley, or other public way.
Sec. 8-812. Permit Required.
Only Dockless Bike Share Systems are allowed pursuant to this Article, and expressly
exclude scooters, and other electronic modes of transportation systems. Dockless Bicycle Share
Systems may operate in the City only in accordance with the terms of a City permit and must
comply with all the provisions of this Article and applicable law. Permits shall be issued for a
twelve (12) month period unless expressly provided otherwise in this Article.
Sec. 8-813. Permit Application.
A person desiring to provide a Dockless Bike Share System must first submit an application for a
permit or for renewal of a permit, and may not operate such System until the permit or renewal
thereof is approved by the City. The permit application shall contain the following:
(a) The name and form of business of the Operator;
(b) The name, phone number, and business street address (and mailing address if
different) of the Operator and Operator’s agent for service of legal process, if different;
(c) The name, phone number (including cell number), street address of the local
representative of the Operator to the City available and authorized to act on behalf of the
Operator;
(d) Size and location of fleet;
(e) A photographic image or visual representation of each type of Bicycle to be deployed
as part of Operator’s Dockless Bike Share System;
(f) A description of an internet-enabled mobile device application to be used by Customers
to register membership to locate, use, pay for, lock, and unlock each bicycle;
(g) The proposed Geo-Fence Zones, including any area in which Operator plans to expand
its Dockless Bike Share System during the permit period;
(h) Proposed Home Zones in the City, if any;
(i) A plan for Operator to maintain each Bicycle in a safe and operable condition, and to
recover and repair bicycles discovered or reported to be unsafe or inoperable before redeployment;
(j) A plan for Operator to rebalance and relocate Bicycles;
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(k) A plan for educating Customers on the safe use of a Bicycle, knowledge of compliance
of all applicable laws and proper Bicycle parking;
(l) Proof of current coverage of insurance as required by this Article;
(m) Payment of a permit fee in the amount applicable to the Operator as specified in this
Article;
(n) The provision of any other information reasonably requested by the City in making its
determination; and
(o) An escrow account as required by this Article.
Sec. 8-814 Granting, Renewing Permit and Permit Terms.
(a) Granting or Renewing Permit. A person may operate a Dockless Bike Share System
only with a properly granted or renewed City permit as set forth in this Article, and only in
accordance with applicable law.
(b) Terms of Permit. The City may identify Geo-Fence Zones and Home Zones within
which an Operator may conduct certain activities and such other reasonable terms as are necessary
in order to ensure the public health, safety and welfare of the general public.
Sec. 8-815. Permit Denial and Revocation.
(a) Denial of Permit. The application shall be denied and no permit shall be issued if the
City finds that:
1. Any statement made in the application is incomplete, inaccurate, misleading, or
false;
2. The Operator, its partners, officers, owners, and other principals have not paid
to the City all fees due under this Article; or
3. The Operator has otherwise not complied with this Article or has had a history
of noncompliance with the provisions of this Article.
(b) Revocation of Permit. The City may revoke a permit due to Operator’s failure to comply
with its permit, this Article, or any applicable federal, state, or local law or regulation. Permits
may also be revoked for one or more of the following reasons:
1. Poor Customer response or service;
2. Posing an unreasonable risk to the health, safety and welfare of the general
public;
3. Having a history of violating one or more requirements of this Article; or
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4. Nonpayment for monies owed City in accordance with this Article.
(c) Notice of Denial or Revocation. The City shall provide written notice within ten (10)
days of the denial or revocation of a permit to Operator, which notice shall state the reason(s) for
the decision and inform the Operator of its right to appeal the decision in writing including by
when and to whom it must be delivered.
Sec. 8-816. Appellate Review.
An Operator may appeal the revocation, denial or terms of a permit to the City Manager or
designee if it requests an appeal in writing and delivers it to the City Manager or designee not more
than ten (10) business days after receiving notice of the action.
The City Manager or designee shall act as the app eal hearing officer and shall conduct a
hearing as soon as practicable or within five (5) business days of receipt of notice of appeal. The
hearing officer shall give the appealing party an opportunity to present information and to make
argument on its behalf. The hearing officer may affirm, modify or reverse all or part of the action
being appealed. If Operator is in non-compliance with this Article or other applicable law, the
hearing officer may give the Operator an opportunity to correct the problem.
The decision of the hearing officer shall be rendered in writing to Operator and as soon as
practicable or within five (5) business days of such hearing. The decision of the hearing officer is
final.
Sec. 8-817. Dockless Bike Sharing Operating Requirements.
Each Dockless Bike Share Operator shall do the following:
(a) Customer Communication. Provide a mechanism for Customers to notify the
Operator that there is a safety or maintenance issue with the Bicycle, and to include a
telephone number, web address, and email address that must be properly established,
maintained and available twenty-four (24) hours a day;
(b) Affix on Each Bike. Affix on each Bike the following:
1. Contact information of the Operator, including the web site address;
2. Contact information of Operator’s Customer service and report incorrectly
parked Dockless Bicycle, safety concerns, complaints, or questions;
3. A clearly visible name, logo, trademark, or other identifying information of the
Operator; and
4. A unique identification for each deployed Bicycle, consisting of number or letters
or both.
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(c) Customer Notification. Notify Customers via a web site or mobile device application
the following information:
1. Bicycle riders are encouraged to wear helmets;
2. Bicycle riders must follow all traffic laws;
3. Customers must park the Bicycles properly and in compliance with this Article
and applicable laws; and
4. That the City is not responsible for educating users regarding bicycle laws.
Neither is the City responsible for educating users on how to ride or operate a bicycle.
(d) Staffing. Maintain sufficient staff to relocate or rebalance Bicycles on a regular basis
as needed, in addition to handling local issues as they arise, including timely removals, installation
or maintenance of equipment and other issues arising pursuant to this Article requiring local action
on the part of Operator;
(e) Contact Information to City. Provide to City contact information for Operator’s staff
responsible for the relocating or rebalancing Bicycles, and the handling of all local issues as they
arise, including removals, installation or maintenance of equipment, and other issues arising
pursuant to this Article requiring local action on the part of Operator;
(f) Repairs. Assume responsibility for the cost and all obligations associated with properly
maintaining its Bikes in good, safe operating condition, including fixing, repairing, or correcting
each Bicycle that is considered inoperable, unsafe, or otherwise in violation of the standards under
this Article before re-deployment back into service;
(g) Repair and Reimbursement of City Costs. Be responsible for repair and payment of
actual costs of repair to public infrastructure damaged by the use of Operator’s Bicycles, including
reimbursement to City if City makes such repair, and including payment of costs incurred by the
City to remove and/or store Bicycles that have been improperly parked or otherwise are required
to be removed from the Public Right-of-Way or other areas pursuant to this Article. Payment shall
be due within thirty (30) days of written notice by City to Operator;
(h) Change of Information on Permit. Operator’s permit must be kept current and accurate
at all times. Changes in the information of the permit, including Geo-Fence Zones, Home Zones,
size of fleet, change of inventory of fleet, change of address, contact person, or any other
information must be approved through amending the permit before instituting such change.
(i) Geo-Fence Zones. Operators must identify the Geo-Fence Zones in which they desire
to conduct operations in the City. The City shall consider approval of these areas if Operator
establishes to City’s satisfaction that it has an adequate plan for the Geo-Fence Zones including an
overall implementation plan that ensures the orderly conduct of its System as a whole, and that
includes a bike parking system such as a rack or designated area, and which addresses all traffic,
safety, public nuisance, and aesthetic issues.
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Dockless Bike Share Operators shall have the capability to create Geo-Fence Platform(s)
operable on six (6) workstations simultaneously, compatible with the City of College Station GIS
system and must keep same operational at all times when operating within the City.
(j) Escrow Accounts. The Operator must provide Five Thousand Dollars ($5,000.00) in
cash that the City will hold in escrow for the term of this Permit to cover direct costs incurred by
the City due to violations of the Permit. Should the escrow account be debited and drop to an
amount below Five Hundred Dollars ($500.00), operator shall provide additional funds to raise the
amount back to Five Thousand Dollars ($5,000.00).
(k) Home Zones. One or more Home Zones may be required or requested in the permit
application. In such case, the City may approve one or more Home Zones if Operator establishes
to City’s satisfaction that it has an adequate plan for the Home Zones including an overall
implementation plan that ensures the orderly conduct of its System as a whole, and that includes a
bike parking system such as a rack or designated area, a rebalancing program, and which addresses
all traffic, safety, public nuisance, and aesthetic issues.
(l) Inoperable or Unsafe. Any inoperable Bicycle, or any Bicycle that is not safe to operate
shall be removed from service within 24 hours after notice from a Customer, the City, or any third
party, and shall be repaired before the Bicycle is returned to service.
(m) Use of Latest Technology. Operator shall use and employ the latest technology
reasonably available to it in carrying out its Dockless Bike Share Operations in the City, including
enhancements to safety, accountability, and precision of location of Bikes as possible.
(n) Operations Center. Operators shall maintain a staffed operations center located within
the City.
Sec. 8-818 –Safety.
(a) Standards. All Bicycles deployed by an Operator shall meet the standards outlined in
the following:
1. Code of Federal Regulations, Title 16, Chapter II, Subchapter C, Part 1512 –
Requirements for Bicycles, as may be amended;
2. International Standards Organization 43.150 – Cycles, subsection 4210, as may
be amended; and
3. Section 551.104 of the Texas Transportation Code, as may be amended,
regulating the safety equipment of bicycles.
(b) Signage. All Operators shall have visible language on signs approved by the City in
designated parking areas or other appropriate places that notify the user that:
1. Helmet use is encouraged while riding the Bicycle;
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2. User shall yield to pedestrians on sidewalks; and
3. When riding on a street, Bicyclists must follow the rules of the road as one would
in a motor vehicle.
Sec. 8-819. Bicycle Parking.
(a) Proper Parking. All Bicycles deployed by an Operator shall be parked:
(1) In an upright position on top of a hard surface;
(2) In a manner that does not detrimentally impact vehicular or pedestrian traffic;
and
(3) Only within a Geo-Fence Zone or Home Zone.
(b) Improper Parking. Bicycles shall not be parked adjacent to or within:
1. Transit zones, including bus stops and shelters;
2. Loading zones;
3. ADA handicap parking zones;
4. Street furniture that requires pedestrian access;
5. Curb ramps;
6. Entryways and driveways;
7. Within the visibility triangle at intersections;
8. Rail road tracks and crossings;
9. Passenger loading zones or valet parking service areas; and
10. A place where the City determines poses an unreasonable risk to the health,
safety, and welfare of the general public.
(c) Block Faces. City reserves the right to determine certain block faces where Dockless
Bicycle parking is prohibited;
(d) Remove or Relocate. Relocate or remove from the Public Right-of-Way or anywhere
within the City each Bicycle that is inoperable, unsafe, or otherwise failing to meet the standards
under this Article, within the following times:
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1. Within two hours of when Operator becomes aware of or receives notice
between 6:00 a.m. to 6:00 p.m., seven days per week, except a holiday observed by the closure
of City offices; and
2. Within twelve (12) hours of when Operator becomes aware of or receives
notice during all other times.
Sec. 8-820. Survey, Records, and Data Sharing.
Dockless Bike Share Operators are required to report monthly information to the City
regarding their operations, fleet, and membership. The goal of these reports is to better understand
how the entire Dockless Bike Share S ystem is being utilized and to better inform future policy
changes. Operators will work with the City to provide the following information on their
operations in the City:
1. Number of Bicycles in their Dockless Bike Share System;
2. Origin and destination data;
3. Usage (total trips, per timeframe, per location, per Bicycle);
4. Total number of Customers;
5. Customer survey and general demographics (if available);
6. Reported repairs, collisions;
7. Removal or relocation data including response times and locations; and
8. Any other data determined by City as necessary to ensure compliance with this
Article and with applicable law.
Sec. 8-821. Relocation, Removal or Impoundment.
The City has the right to relocate, remove, or impound any obstruction or encumbrance
caused by a Bicycle anytime such Bicycle poses a threat to the health, safety and welfare of the
general public or anytime a Bicycle has been parked or otherwise located in violation of this
Article. In such case the Operator may be assessed a fee in accordance with this Article.
8-822-Indemnity.
By making application for a permit, the Operator, its assigns, successors, and
representatives agree to and shall defend, indemnify, release, and hold the City, its agents,
employees, officers, volunteers, and legal representatives harmless for all claims, causes of action,
liabilities, fines, and expenses (including, without limitation, attorneys’ fees, court costs, and all
other defense costs and interests) for injury, death, damage, or loss to personal or real property
sustained in connection with or incidental to the activity related to operating a Dockless Bike Share
System in the City and as may be authorized by the permit.
Sec. 8-823.-Insurance.
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The following types of insurance must be procured and maintained by Operator:
(a) Commercial general liability with minimum limits of liability per occurrence of
$1,000,000 with $2,000,000 general aggregate.
(1) Policy shall be written by a licensed carrier authorized to do business in Texas,
rated A:VI or better under the current A. M. Best Key Rating Guide.
(2) Policy shall be endorsed to name the City of College Station as an Additional
Insured, with a waiver of subrogation rights and “primary and non-
contributory” language with regard to any self-insurance or insurance the City
may have or obtain.
(3) Policy shall not exclude: personal and advertising liability, contractual liability
(for the indemnity provided herein), products/completed operations;
independent contracts.
(b) Business Automobile Liability
1. Policy shall be written by a licensed carrier authorized to do business in Texas
rated A:VI or better under the current A. M. Best Key Rating Guide.
2. Policy shall name the City of College Station as an Additional Insured, with a
waiver of subrogation rights and “primary and non-contributory” language with
regard to any self-insurance or insurance the City may have or obtain.
3. Minimum combined single limit of liability of $1,000,000 for bodily injury and
property damage.
4. Coverage shall include any autos, owned autos, leased or rented autos, non-
owned autos and hired autos.
Workers’ Compensation Insurance
1. Statutory limits required.
2. Employer’s Liability minimum limits of liability of $1,000,000 for each
accident/each disease/each employee.
3. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03
04.”
4. Texas must appear in Item 3A of the Workers’ Compensation coverage or Item
3C must contain the following: “All States except those listed in Item 3A and
the States of NV, ND, OH, WA, WV, and WY.”
Operator shall provide the City with evidence of required coverage on the most current
State of Texas Department of Insurance-approved form. Carrier may be an eligible non-
admitted insurer in the State of Texas.
Policy shall not be canceled, non-renewed, suspended or reduced in limits of liability
until the City has received 30 days’ written notice of such change. Should policies lapse
or expire, the permit shall automatically be suspended and Operator shall discontinue
its Dockless Bike Share System within the City. Such permit suspension shall be in
effect until Operator provides City with evidence of a replacement policy. If Operator
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fails to provide evidence of replacement policies acceptable to the City within five (5)
business days following the policy lapse, the permit shall terminate automatically.
8-824. Fees and Costs.
(a) The following fees are established and may be assessed by the City in the amount set
forth in Section 2-117:
1. Permit Application Fee.
2. Permit Renewal Fee.
3 Removal, Impoundment and/or Relocation Fee.
Sec. 8-825. Violation. Penalties.
It shall be unlawful for a Dockless Bike Share Operator to operate, maintain or conduct
within the City a Dockless Bike Share System without first securing a permit, and/or without
complying with all of the provisions of this Article or any other law.
.