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HomeMy WebLinkAbout2022-4362 - Ordinance - 06/09/2022ORDINANCE NO. 2022-4362 AN ORDINANCE AMENDING CHAPTER 8, “BUSINESSES,” ARTICLE XIII, “DOCKLESS BIKE SHARE PROGRAM,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING THE ARTICLE IN ITS ENTIRETY; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 8, “Businesses,” Article XIII, “Dockless Bike Share Program,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: 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 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 3: 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 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2022-4362 Page 2 of 11 PASSED, ADOPTED and APPROVED this 9th day of June, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2022-4362 Page 3 of 11 EXHIBIT A That Chapter 8, “Businesses,” Article XIII, “Dockless Bike Share Program,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: ARTICLE XIII. SHARED MICROMOBILITY Sec. 8-810. Applicability. This Article applies to all shared micromobility systems, their operators and any customer or person using those shared systems. 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: Abandonment means an operator ceases operation and does not remove their micromobility device inventory and associated equipment. Customer means a person who rents or otherwise uses a micromobility device from a shared system. Geo-fence platform means an interactive web application or other tool that includes a map with real-time device location data for the City to effectively regulate and make informed decisions about micromobility devices in the City's public spaces. Geo-fence zone means a defined geographic service area that utilizes Global Positioning System (GPS) or similar location-based technology and registers when a shared micromobility device enters or leaves such designated area and in which the operator is allowed to conduct certain activities as set forth in this Article. Lock-to parking means a built-in or attached locking system for securing a micromobility device to a bicycle rack or operator designated parking area. Micromobility device means a bicycle, an electric bicycle, or a motor-assisted scooter as defined or may be amended in the Texas Transportation Code Chapters 541, 664, and 551 and designed for personal micromobility that is part of a shared micromobility system equipped with GPS or comparable technology capable of providing real-time location data. Operator means a corporation, firm, joint venture, limited liability company, partnership, person, or other organized entity operating or desiring to operate a shared micromobility system. Operator designated parking area means parking installed by the operator that accommodates lock-to parking and receives approval from the City before being installed. ORDINANCE NO. 2022-4362 Page 4 of 11 Parking hub means an area within a geo-fence zone that an operator maintains a minimum amount of micromobility devices. 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. Shared micromobility system or shared system means a publicly offered shared transportation service enabling a person to obtain short-term access to a micromobility devices on an as-needed basis. This does not include an owner of a micromobility device which is solely used for private transportation by its owner or pedicabs. Sec. 8-812. Permit Required. (a) Permit. Operators and shared systems are required to obtain a permit before operating a shared system. (b) Permit Term. Permits are issued for 12-months, unless expressly provided otherwise in this Article. (c) Applicable Laws. Shared systems, operators and customers must operate according to the terms and conditions of a City permit, this Article and any other applicable laws. Sec. 8-813. Permit application. An operator must submit a permit application or for permit renewal application and shall not operate a shared system until the permit or permit renewal is approved by the City. The permit or permit renewal 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, cell phone number, and 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 micromobility device to be deployed as part of operator's shared 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 micromobility device; (g) The proposed geo-fence zones, including any area in which an operator plans to expand its shared system during the permit period; (h) An operations plan as required by this Article; (i) Proof of current coverage of insurance as required by this Article; (j) Payment of a permit fee in the amount applicable to the operator as specified in this Article; (k) The provision of any other information reasonably requested by the City in making its determination; and (l) An escrow account as required by this Article. ORDINANCE NO. 2022-4362 Page 5 of 11 Sec. 8-814. Granting, renewing permit and permit terms. (a) Granting or renewing permits. A shared system can only be operated with a City permit. (b) Permit terms. The City may identify geo-fence zones within which an operator may conduct certain activities and such other reasonable terms as are necessary to ensure the public health, safety, and welfare of the general public. Sec. 8-815. Permit denial and revocation. (a) Denial and Revocation. A permit application, permit or permit renewal application is denied and no permit is issued or a permit may be revoked 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; 3. The operator has otherwise not complied with this Article or has had a history of noncompliance with the provisions of this Article; 4. Poor customer response or service; 5. Posing an unreasonable risk to the health, safety and welfare of the general public; 6. Having a history of violating one or more requirements of this Article; 7. Nonpayment for monies owed City in accordance with this Article; or 8. Operator's failure to comply with its permit, this Article, or any applicable federal, state, or local law or regulation. (b) Notice of permit denial or revocation. The City shall provide the operator written notice within ten days of permit denial or revocation. The 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. Appeal of permit denial or revocation. (a) Written Appeal. An operator may appeal the revocation, denial or permit terms to the City Manager or designee if the operator requests an appeal in writing and delivers it to the City Manager or designee not more than ten business days after receiving notice of the action. (b) Hearing. The City Manager or designee shall act as the appeal hearing officer and shall conduct a hearing as soon as practicable or within five 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 violation. (c) Final Decision. The hearing officer’s decision is rendered in writing to operator and as soon as practicable or within five business days of the hearing. The hearing officer’s decision is final. ORDINANCE NO. 2022-4362 Page 6 of 11 Sec. 8-817. Shared system operating requirements. Shared system operators shall do the following: (a) Customer communication. Provide an application for customers to notify the operator of a safety or maintenance issue, including a telephone number, web address, and email address that must be properly established, maintained and available 24 hours a day. (b) Information affixed on each micromobility device. Affix on each micromobility device the following: 1. Operator contact information including the web site address; 2. Operator's customer service contact information and how to report incorrectly parked micromobility devices, safety concerns, complaints, or questions; 3. A clearly visible name, logo, trademark, or other operator identifying information; and 4. A unique identification consisting of number or letters or both for each deployed micromobility device. (c) Customer notification. Notify customers via a web site or mobile device application the following information: 1. Customers are encouraged to wear helmets; 2. Customers must follow all traffic laws; 3. Customers must properly park in compliance with this Article and applicable laws; and 4. That the City is not responsible for educating customers regarding laws related to micromobility devices. Neither is the City responsible for educating customers on how to ride or operate a micromobility device. (d) Staffing. Maintain sufficient staffing levels who are able and competent to relocate or rebalance all micromobility devices on a regular basis and as needed by the City. Staff must be able and competent in handling local issues, including timely removals, installation or maintenance of equipment and other issues arising pursuant to this Article requiring local action on the part of the operator. (e) Contact information to City. Provide to City contact information for operator's staff responsible for the relocating or rebalancing micromobility devices, 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 the operator. (f) Repairs. Assume responsibility for costs and all obligations associated with properly maintaining its micromobility devices in good, safe operating condition, including fixing, repairing, or correcting each micromobility device 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 micromobility devices, including reimbursement to the City if the City makes repairs and including payment of costs incurred by the City to remove or store micromobility devices that are 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 30 days of written notice by City to the operator. ORDINANCE NO. 2022-4362 Page 7 of 11 (h) Permit information change. Keep at all times any permit information current and accurate. Changes in any permit information, including geo-fence zones, size of fleet, change of inventory of fleet, change of address, contact person, or any other information must be approved by the City by requesting an amendment to the permit before instituting such change. (i) Geo-fence zones. Operate and conduct business within a geo-fence zone approved by the City and defined as follows: 1. Texas A&M University (TAMU) geo-fence zone: An area identified in partnership with TAMU and their contracted operator of choice generally including areas surrounding the TAMU campus. 2. Other geo-fence zones: Areas outside TAMU owned property and within areas that are defined in partnership with the City and the operator. These areas typically include higher concentrations of commercial, multi-family and single-family land uses. 3. The City has final and sole discretion on geo-fence zone locations. 4. The operator must provide a geo-fence platform for City use that must be kept operational at all times when operating within the City. (j) Operations plan. Develop and provide a plan to ensure the orderly conduct of the system as a whole and which addresses all traffic, safety, public nuisance, and aesthetic issues including: 1. Maintenance and inspection schedules of each micromobility device, recovery and repair of unsafe or inoperable devices before redeployment; and 2. Education of customers on the safe use of each micromobility device, knowledge of compliance of all applicable laws and proper parking. (k) Escrow account. Provide $5,000.00 in cash for the City to hold in escrow for the permit term to cover the City’s direct costs due to violations of the permit, this Article and any other applicable laws. If the escrow account drops below $500.00 the operator shall provide additional cash to the City to raise the amount back to $5,000.00. (l) Inoperable or unsafe micromobility devices. Remove inoperable or unsafe devices from service within 24 hours after notice from a customer, the City, or any third party. Such devices shall be repaired before returned to service. (m) Use of latest technology. Use and employ the latest technology reasonably available to carrying out its shared system operations, including enhancements to safety, accountability, and precision of location of micromobility devices. (n) Operations center. Maintain a staffed operations center located within the City. (o) Rebalancing. Proactively monitor and rebalance micromobility devices to ensure their availability throughout the geo-fence zone. At a minimum this includes rebalancing when micromobility devices have been in the same location for 5 or more consecutive days, when three fourths of available parking is occupied, or upon request of the City. ORDINANCE NO. 2022-4362 Page 8 of 11 Sec. 8-818. Safety. (a) All micromobility devices must comply with safety standards established by the Consumer Product Safety Commission and all other federal, state, and city safety standards. (b) Bicycle standards. All bicycles must meet 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. Texas Transportation Code Section 551.104 as may be amended, regulating the safety equipment of bicycles. (c) Signage. All operators shall have visible language on City approved signs in designated parking areas or other appropriate places notifying the customer that: 1. Helmet use is encouraged while riding; 2. Customers shall yield to pedestrians on sidewalks; and 3. Customers when operating on a road must follow the rules of the road as one would in a motor vehicle. (d) Micromobility device speed. The speed of any micromobility device may not exceed 15 miles per hour. The operator must install a governor or some type of device to not allow the micromobility device’s speed to exceed 15 miles per hour. Upon request of the City, operators may be required to employ speed reductions below 15 miles per hour in specified areas to ensure safety. Sec. 8-819. Parking. (a) Parking hubs. Parking hubs may be required or requested where demand exists to create a system that users can rely on and expect micromobility devices when needed. (b) Lock-to parking. Provide micromobility devices that have a built-in or attached locking system for customers to secure the device. Customers must park and lock all micromobility devices to: 1. A bicycle rack; or 2. An operator designated parking area; and 3. Only within the operator’s geo-fence zone. (c) Improper parking. Micromobility devices shall not be parked adjacent to or within: 1. Loading zones; 2. ADA handicap parking zones; 3. Street furniture; 4. Curb ramps; 5. Entryways and driveways; 6. Within the visibility triangle at intersections; 7. Railroad tracks and crossings; 8. Streets, light poles, utility poles, traffic signs, traffic signals, benches, tables, trash receptables or any other publicly owned property, structure, or facility, unless parking at an approved rack for parking. 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. ORDINANCE NO. 2022-4362 Page 9 of 11 (d) Block faces. City reserves the right to determine certain block faces where parking is prohibited. (e) Remove or relocate. Relocate or remove from the public right-of-way or anywhere within the City each any micro-mobility device that is illegally parked, inoperable, unsafe, abandoned, or in violation of this Article or any other applicable law: 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; and 2. Within 12 hours of when operator becomes aware of or receives notice during all other times. Sec. 8-820. Survey, records, and data sharing. 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 shared system is 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: (a) Number of micromobility devices in their shared system; (b) Origin and destination data; (c) Usage (total trips, per timeframe, per location, per micromobility device); (d) Total number of customers and miles traveled; (e) Customer survey and general demographics (if available); (f) Reported repairs, collisions; (g) Removal or relocation data including response times and locations; and (h) 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 micromobility devices anytime one may pose a risk to the health, safety, and welfare of the public or anytime a micromobility device is illegally parked, abandoned, or is otherwise located in violation of this Article or any other applicable law. If the City relocates, removes, or impounds any micromobility devices the operator may be assessed a fee. Sec. 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 shared system in the City and as authorized by the permit. ORDINANCE NO. 2022-4362 Page 10 of 11 Sec. 8-823. Insurance. The following types of insurance must be procured and maintained by Operator: (a) Commercial general liability with minimum limits of liability per occurrence of $1,000,000.00 with $2,000,000.00 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, wi th 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 $1,000,000.00 for bodily injury and property damage. 4. Coverage shall include any autos, owned autos, leased or rented autos, non-owned autos and hired autos. (c) Workers' Compensation Insurance. 1. Statutory limits required. 2. Employer's liability minimum limits of liability of $1,000,000.00 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." (d) Cyber Liability. Minimum limits of $5,000,000 for third party losses. Coverage must include the following: 1. Enterprise Security Event Liability 2. Payment Card Industry-Data Security Standards (PCI-DSS) Fines 3. Privacy Regulation 4. Media Liability 5. Crisis Management Expense 6. Fraud Response Expense 7. Public Relations Expense 8. Forensic and Legal Expense Includes PCI Re-Certification Services 9. Extortion Loss 10. Ransomware Loss 11. Social Engineering Fraud Loss 12. Telecommunications Theft Loss ORDINANCE NO. 2022-4362 Page 11 of 11 13. Extortion Threat Reward Reimbursement Expense 14. Bricking Coverage 15. Cryptojacking Coverage 16. Invoice Manipulation 17. Mitigation Expense 18. Reputational Loss 19. Cyber First Party Coverages Proof of Loss 20. Business Interruption – Service Disruption 21. Business Interruption – Service Failure 22. Business Interruption – System Disruption 23. Business Interruption – System Failure 24. Data Recovery Expense 25. Business Interruption Coverages Proof of Loss (e) Operator shall provide the City with evidence of required coverage on the mo st current State of Texas Department of Insurance-approved form. Carrier may be an eligible non- admitted insurer in the State of Texas. (f) Policies 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 shared system within the City. Such permit suspension shall be in effect until operator provides City with evidence of a replacement policy. If operator fails to provide evidence of replacement policies acceptable to the City within five business days following the policy lapse, the permit shall terminate automatically. Sec. 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 or relocation fee. 4. Abandonment fee. Sec. 8-825. Violation; penalties. It shall be unlawful for an operator or person to operate, maintain or conduct a shared system without a permit, and without complying with all of the provisions of this Article or any other law.