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HomeMy WebLinkAbout09918 As Amended April 26, 2021 ORDINANCE NO. 9918 AN ORDINANCE AMENDING TITLE IX, CHAPTER 9 OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF NEW SECTIONS 9-9-61 THROUGH 9-9-71 TO AUTHORIZE THE OPERATION OF SHARED ELECTRIC SCOOTERS IN THE CITY AND TO PROVIDE FOR THE LICENSING THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Sections 9-9-61 through 9-9-71 of Chapter 9 of Title IX of the Pueblo Municipal Code are hereby added to read as follows: Article VI Transportation of Persons – Shared Electric Scooters Sec. 9-9-61 Policy Statement and Purpose. The purpose of this Article is to establish rules and regulations governing the operation of shared electric scooters within the City and to ensure that such mobility sharing systems are consistent with the safety and well-being of bicyclists, pedestrians, and other riders within the public rights-of-way. Sec. 9-9-62 License required. It shall be unlawful for any person or entity to engage in the business of operating a shared electric scooter service upon the streets of the City without first obtaining a non-exclusive license as hereinafter provided. Sec. 9-9-63 Definition. A Shared Electric Scooter shall mean a device weighing less than 200 pounds, that (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 15 mph on a paved level surface when powered solely by the electric motor. Sec. 9-9-64 License application; information. Applications for a non-exclusive Electric Scooter Share License (“License”) shall be made as provided in Chapter 1 of this Title and, in addition to the information there required, shall state the following facts: the number of scooters the applicant desires to operate and the names, addresses and telephone numbers of each Fleet Manager of each Licensee. Sec. 9-9-65 Transfer. A non-exclusive license issued under this Article shall not be transferable. Sec. 9-9-66 Fees. The non-exclusive License issued pursuant to this Article shall be for one year, have an initial annual fee of $500 and have a renewal fee of $200 per year thereafter. In addition, at the time of a Licensee’s annual renewal of its License, Licensee shall make payment to the City of $0.10 per ride completed during the preceding year. Sec. 9-9-67 Operating Regulations. a. Riders of shared electric scooters shall be 18 years of age or older. b. A shared electric scooter shall not be operated on sidewalks or other pedestrian walkways or paths in the City. c. Shared electric scooters are to be operated on streets and where available, in bike lanes and bike paths. Shared electric scooters are to stay to the right of street lanes and yield the right of way to bicycles in bike lanes. d. Each shared electric scooter shall have easily visible contact information, including a toll-free telephone number and/or e-mail address to enable City employees and/or members of the public to make relocation requests or to report other issues with the scooters. e. No Licensee shall place a shared electric scooter in service which is capable of exceeding a maximum speed of 15 mph. f. Licensees shall maintain 24-hour customer service for customers and the public to report safety concerns, complaints, or to ask questions. Licensees shall maintain a multilingual website, call center, and/or mobile app customer interface that is available twenty-four hours a day, seven days a week. The aforementioned requirements shall also be compliant with the Americans with Disabilities Act. g. In the event a safety or maintenance issue is reported for a specific scooter, that shared electric scooter shall be made unavailable to riders and shall be removed from service. Any inoperable or unsafe scooter shall be repaired before it is put back into service. h. Licensees shall respond to reports of incorrectly parked shared electric scooters, shared electric scooters continuously parked in one location for more than 72 hours, or unsafe/inoperable shared electric scooters by relocating, re-parking, or removing the shared electric scooters, as appropriate, within 24 hours of receiving notice, except that Licensees shall respond within 4 hours of receiving notice in emergency situations. i. In the event a Licensee does not timely respond, and the condition of the shared electric scooter cannot be easily remedied, such shared electric scooters 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 $100 per shared electric scooter. j. Licensees shall provide notice to all riders that: 1. Shared electric scooters shall not be operated on sidewalks or other pedestrian walkways or paths in the City; 2. Shared electric scooters are to be operated on streets, and where available, in bike lanes and bike paths; 3. Shared electric scooters are to stay to the right of street lanes and to yield the right of way to bicycles on bike lanes and bike paths; 4. Helmets are encouraged for all riders; and 5. Riding responsibly is encouraged, and Licensee will notify riders if repeated irresponsible riding is reported and recorded with identifying rider information. k. Licensees shall provide education to shared electric scooter riders on the City's existing rules and regulations, safe and courteous riding, and proper parking. l. Data Sharing. Within fifteen (15) days after the end of any calendar month, a Licensee shall provide the City anonymized fleet and ride activity data for the previous month for all trips starting or ending within the jurisdiction of the City on any vehicles of Licensee. To ensure the individual privacy and anonymity of Licensee’s customers, personally identifiable information shall not be included in such reports. All such data shall be safely and securely stored by the City which shall implement administrative, physical, and technical safeguards to protect, secure, and, where appropriate, encrypt or limit access to the data. Any such data provided shall be treated as trade secrets and proprietary business information and shall not be disclosed by the City in response to public records requests and requests by third parties except with the consent of Licensee or pursuant to a Court Order. Sec. 9-9-68. Parking of shared electric scooters. a. Riders of shared electric scooters shall park the vehicles upright on hard surfaces: 1. On the road, at any angle to the curb or edge of the road at any location where motor vehicle parking is allowed; 2. On the edge of a sidewalk, provided that normal and reasonable movement of pedestrian traffic is not impeded; 3. Beside a bicycle rack or in another area specifically designated for bicycle parking; b. Shared electric scooter riders are required to take a photo whenever they park their scooter at the end of a ride. Sec. 9-9-69. Indemnification. By accepting a License from the City, Licensee agrees to indemnify, defend and hold harmless City (and its officials, employees, and agents) from and against all actions, damages or claims, including reasonable attorneys' fees, brought against the City for personal or bodily injury or death to any person, or damage or destruction of any property, arising out of or resulting from the operation of shared electric scooters under the License issued by the City, except for the negligence and/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 reasonably notifying Licensee following receipt or notice of any claim. Sec. 9-9-70. Insurance Licensees shall provide City with proof of insurance coverage exclusively for the operation of shared electric scooters including: (a) Commercial General Liability insurance coverage with a limit of no less than $1,000,000.00 for each occurrence and $2,000,000.00 aggregate; (b) Automobile Insurance coverage with a limit of no less than $1,000,000.00 for each occurrence and $1,000,000.00 aggregate; and (c) where Licensee employs persons within the City, Workers’ Compensation coverage of no less than the statutory requirement. Sec. 9-9-71. Suspension or Revocation of License. a. The License Officer, after issuing a notice of the alleged violation and after providing a Licensee a right cure such deficiency within 30 days, may suspend or revoke a non-exclusive License for cause, defined as acts or omissions in violation of this Article, provided that the Licensee is provided with an opportunity for a hearing prior to such suspension or revocation. b. Any Licensee who believes the alleged violation or penalty imposed by the License Officer pursuant to this Article is unfounded, incorrect or inappropriate may appeal the issue to the Mayor or his or her designee. Such appeal shall be in writing and shall state with specificity the grounds for the appeal. The appeal shall be filed within 14 days of receipt of the notice of License suspension or revocation by the Licensee. Pending the completion of the appeal, the non-exclusive License shall remain in full force and effect. The Mayor or designee shall hold a hearing within 30 days of receipt by the Mayor of the appeal. The Mayor or designee shall issue a written finding on the appeal within 14 days of the hearing. The Licensee may waive the hearing and request the Mayor or designee to decide the matter on the City's records and the written documents submitted by the Licensee. The Mayor’s or the designee’s decision shall be final. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 3. This Ordinance shall become effective thirty (30) days after the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on April 12, 2021 . Final adoption of Ordinance by City Council on April 26, 2021 . President of City Council Action by the Mayor: ☒ Approved on May 3, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 12, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Belinda Kimball, Acting City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE AMENDING TITLE IX, CHAPTER 9 OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF NEW SECTIONS 9-9-61 THROUGH 9-9-71 TO AUTHORIZE THE OPERATION OF SHARED ELECTRIC SCOOTERS IN THE CITY AND TO PROVIDE FOR THE LICENSING THEREOF SUMMARY: Attached for consideration is an ordinance adding Sections 9-9-61 through 9-9-71 to the Pueblo Municipal Code to authorize the operation of shared electric scooters in the City. PREVIOUS COUNCIL ACTION: Not applicable to this ordinance. BACKGROUND: Successful implementation of micro-mobility programs, like shared electric scooters, can result in certain benefits for the City, including: a. Alleviate automobile traffic and congestion; b. Reduce carbon emissions, replace gas-powered car trips, and promote micro-mobility utilization for short distances; c. First/last mile micro-mobility options are useful for short trips to/from the City’s public transportation bus routes. FINANCIAL IMPLICATIONS: The cost to the City of administering the Shared Electric Scooter Licenses will be offset by annual license fees of $500 for the first year and $200 per year thereafter. In addition, at the time of Licensee’s annual renewal of its License, Licensee agrees to make payment to the City of $0.10 per ride completed during the preceding year. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, the operation of shared electric scooters in the City will not be regulated. RECOMMENDATION: The Mayor and City staff recommend approval of this Ordinance. Attachments: Proposed Ordinance