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RevisedbyOrdinance18120308/14/18JR
RevisedbyOrdinance19108705/21/19JR
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WHEREAS, The City of Denton seeks to provide active transportation options to its
citizens; and
WHEREAS, stationless bicycle share ("Bike Share") is a third generation bike share
system that provides bicycles for the public ta use for short trips and does not require the bicycle
to be locked ta a docking station or fixed bicycle rack; and
WHEREAS, a third generation Bike Share system pravides user's more flexibility for
their origins and destinations and has the ability to expand multimodal and overall transportatian
choices for Denton citizens; and
WHEREAS, any Bike Share system would necessarily involve public streets and right-
of-way in the course of business, and
WHEREAS, the City must maintain and oversee its streets and rights-of-way in the
interest of public health and safety; and
WHEREAS, the City finds that it is in the public interest to establish a Pilat Bicycle
Share Permit Pragram (the "Pilot Program") under the terms and conditions as set out below;
NOW, THEREFORE
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SECTION 1. The recitals and findings contained in the preamble of this ordinance are
expressly incorporated herein as if fully set forth herein.
�I �;� I L���i� �: The City of Denton hereby establishes the Pilot Program for a term of six
(6} months from the effective date of this ordinance. The Pilot Pragram will apply to all
campanies operating or desiring to operate a stationless Bike Share system or business within the
city limits of the City of Denton (the "Operators").
����C`°I "�( �;1� �.w Each Operator must obtain a permit from the City of Dentan, received as
follows:
(A) The Operator must file a permit application with the Capital Projects Department
(Office of the Bike and Pedestrian Coordinator); said application to include the following items
and information:
(i) Completed Application, in the farm attached to this Ordinance as Exhibit A;
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(ii) Company name and local, primary contact information;
(iii) Insurance and indemnification documents meeting the criteria specified belaw;
(iv} A detailed implementation plan with map showing locatians of virtual bike
corrals;
(v) Images and descriptian of bicycles and mobile applicatians;
(vi) Size of fleet, including any planned fleet expansians over the term of this Pilot
Program;
(vii) Service area, including any planned expansians aver the term af this Pilot
Program;
(viii} Plan for educating users an proper bicycle parking; and
(ix) Permit Fee in the amount applicable to the Operator as specified below.
(B) Within five (5) business days of receiving a campleted application which
complies with all af the rules and regulations herein, the City shall issue a Pilot Pragram Permit
ta the Operator, valid during the term of this Pilot Pragram, subject io the restrictions and
regulations herein.
��,�;,i.���°i�".)S� �. Public health and safety is the main concern in establishing this Pilot
Program. Therefare, each Operator must comply with the follawing safety pravisions:
(A) All bicycles used in Bike Share systems issued a permit under this Pilat Program
shall meet the standards autlined in the Code af Federal Regulations (CFR} under
Title 16, Chapter II, Subchapter C, part 1512 — Regulations for Bicycles.
Additianally, permitted systems shall meet the safety standards autlined in ISO
43.150 — Cycles, subsection 4210.
(B) All bicycles shall meet the Texas Transpartation Code requirement for lights
during nighttime, described in Texas Transportation Code Sectian 551.104.
(C) All bicycles must be equipped with Global Pasitioning System (GPS) devices,
allawing the Operator ta monitor their positions and restrict parking as provided
in this Ordinance.
(D) Each Operator shall provide a mechanism for customers to notify ihe Operator
that there is a safety or maintenance issue with the bicycle, ta include a telephone
number, web address, and email address.
(E) Each Operator shall have visible language pasted on the bicycle (top or main
tube) that notifies the user that:
(i) Helmet use is encouraged while riding the bicycle;
(ii) Bicyclists shall yield to pedestrians on sidewalks; and
(iii) When riding on-street, bicyclists must fallaw the rules of the road as one
would in a motor vehicle.
(F) Operatars agree that the City of Denton is nat responsible for educating users
regarding bicycle laws. Neither is the City responsible far educating users an
how ta ride ar operate a bicycle, Operatars must educate users regarding laws
applicable to riding and aperating a bicycle within the city limits and must
instruct users to comply with applicable laws.
'�1�, �& G�:�:�f �„t To ensure responsible use of public rights-of-way and to prornote
multimodal and active transpartation options, Operators must comply with the following
provisions for service area:
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(A) Each Operator shall include at least one of the follawing locations within its
service area: the Downtawn Denton Transit Center ("DDTC"), dawntown, the
University of North Texas, Texas Woman's University, or other activity centers
(retail and employment areas) appraved by the City.
(B) Each Operator must submit, as part of a permit applicatian to the City, a detailed
implementation plan alang with a map that identifies the locations and size af
virtual bike corrals that will be used by the Operator. This plan must be approved
by the City's engineering staff befare appraval of the permit application.
(C) Any changes to the implementatian plan within the term af the Pilot Program
must be approved by the City's engineering staff.
SECTION 6. To further ensure responsible use of public streets and rights-af-way,
Operators must comply with the following parking restrictions:
(A) Operators must inform their customers an how and where Bike Share parking is
permissible.
(B) Restrictions to eligible virtual bike corral areas include:
(i) Bicycles shall not be parked in the Vision Clearance Area af a sidewalk.
See Figure 1-1 an the attached Exhibit B.
(ii) Bicycles shall not be parked against trees or within the landscape planting
bed.
(iii) The City reserves the right to determine certain black faces where
stationless Bike Share parking is prohibited.
(iv) The City reserves the right to restrict the number af bicycles at a locatian
and assign use af certain locations on a first-come-first-serve basis.
(v) Bicycles shall not be parked ar statianed in such a way that will inhibit
pedestrian movement ar Americans with Disabilities Act (ADA)
accessibility, which requires a minimum af forty-eight inches (48") of
clear path on sidewalks and pedestrian ways.
(vi) Bicycles shall not be parked adjacent to or within:
(a} Outside dining areas;
(b) Laading zanes;
(c) ADA handicap parking zones;
(d) Street furniture that requires pedestrian and/or ADA access;
(e) Curb ramps; or
(� Entryways and driveways.
(C) This Pilot Program Permit is anly valid for operatians within the City af Denton
right-of-way. Additional zones (or virtual bike corrals) may be esiablished; for
example, locatians within parks, on-street parking spaces, aff-street parking
lots/garages, or campuses. Hawever, permission to da sa shall require
coordination with the appropriate City department and/or praperty owner, and
shall be communicated ta the customer through signage approved by the
respective entity and/or through the mobile web applicatian.
(D) It is a violation of this ardinance far any Operator's bicycle to be parked in one
locatian for more than three (3) consecutive days without maving. During that
time, it must be evaluated and moved to an approved virtual bike corral lacatian
by the Operator. If an Operator's bicycle remains in the same location far the first
twa (2} hours of the faurth day, it may be remaved by the City af Denton and
_3_
taken to a facility for storage at the expense af the Operator. The City shall
invoice the violating Operator as provided belaw.
(E) All Operators shall provide, on every bicycle, contact information for bicycle
relacation requests, including a telephone number, web address, and email
address.
(F) Bicycles shall be upright when parked.
(G) Any Operator's bicycle that is parked incorrectly shall be re-parked in a correct
manner or shall be removed by the Operator based on the following times:
(i) Monday through Friday, 8:00 a.m. to 8:00 p.m. (Federal holidays
excluded): within two (2) hours of the Operator receiving notice of
incarrect parking.
(ii) All other times: by 10:00 a.m. the following calendar day (Federal
holidays included).
�I�;?,� �[C��C�J '�a For events that take place on the Downtown Denton Square or in the
Downtown Implementation Plan area that require street closure and/or booths to set up on the
sidewalk, removal of Bike Share bicycles will be handled by the Operator as follaws:
(A) Notification by the City will be by email ta each Operator's official point of
contact, as indicated on the Operator's application.
(B) Two (2) weeks prior to the event, City staff will contact all Operators alerting
them to the upcoming event.
(C) Operators will be required to remove their bicycles from the event and street
closure area at least three (3) hours prior to street clasures or event set-up.
(D) It is the responsibility of each Operator to ensure users are aware of the restricted
parking areas during the time of the event.
SECTION 8. To ensure responsible use of the public rights-of-way and in the interest of
public health and safety, Operators must comply with the following operatianal provisions
within the city limits of the City of Denton:
(A) Each Operator must have a 24-hour customer service phone number for customers
and others to report safety concerns, complaints, or ask questions.
(B) Each Operator must provide the City of Denton with a direct point of cantact for
the Operator's staff that is capable of rebalancing and re-parking bicycles.
(C) Operatars will provide a rebalanacing management plan to the City that includes
the following:
(i) Each Operator must have a dedicated staff team assigned to the City of
Denton;
(ii) Bicycles will be rebalanaced to approved virtual bike corral locations by
8:00 a.m. each morning, seven days per week; and
(iii) Each Operatar must have a customer service telephone number which is
monitared 8:00 a.m. to 8:00 p.m.
(D) In the event City staff identifies or receives a nuisance complaint, each Operator
shall relocate or rebalance bicycles based on the following times:
(i) Monday through Friday, 8:00 a.m. to 8:00 p.m. (Federal holidays
excluded): within two (2) haurs of the Operator receiving natice of
incorrect parking.
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(ii) All ather times: by 10:00 a.m. the following calendar day (Federal
holidays included).
(E) Any inaperable bicycle, or any bicycle deemed not safe to operate either by a user
or the Operator, shall be removed from the public right-of-way within twenty-faur
(24) hours of notice by any means to the Operatar by an individual or entity, and
shall be repaired before returning the bicycle into service within the public right-
of-way.
(F) Each Operator shall have a minimum bicycle fleet of twenty-five (25) bicycles
and Operators shall meet this fleet size requirement within four (4) weeks of
permit approval.
(G) Each Operator shall have a maximum bicycle fleet of one hundred (100) bicycles.
If ridership reports demonstrate a need for a larger fleet size and all Operators are
meeting responsible rebalancing/relocation requirements, the fleet size maximum
limit may be reassessed by the City.
(H) Every bicycle shall have a unique identifier, such as a unit number, that is visible
to the user on the bicycle.
(I) Each Operator shall work with the Denton County Transportation Authority
/66DCTA99) to best identify placement, if allowed by DCTA, of bicycles at DCTA
l
bus stops or transit centers to ensure pedestrian access is not obstructed to
boarding and alighting DCTA modes of transportation, or access along and
adjacent to pedestrian ways.
(J) Each Operator must provide Two Thousand Dollars ($2,000.00) in cash per ane
hundred (100) bicycles, not to be prorated, to the City to be held in escraw for the
term of the Permit to cover direct costs incurred by the City due to violations of
the Permit, subject to the provisions af subsection (K), below. Should the escraw
account be debited, said Operator shall provide additianal funds to raise the
amount back to Two Thousand Dollars ($2,000.00) per one hundred (100)
bicycles within thirty (30) of any such debit hereunder.
(K) If the City of Denton incurs any costs addressing or abating any violations of
these requirements, or incurs any costs af repair or maintenance of public
property, upon receiving written notice of the costs incurred, the Operator shall
reimburse the City for such costs within thirty (30) days. If reimbursement is not
received by the City within thirty (30) days of written notice to Operator, the City
may withdraw the funds from the escrow account provided in subsection (J),
above.
(L) Permits may be revoked for lack of customer service response, to include but not
limited to, safety concerns, failure to actively manage rebalancing/relocation
according to the parameters set out herein, a documented history af violating the
terms and regulations of this Pilot Program, and/or any of the following:
(i) If an Operator has five (5) or more bicycles impounded by the City at any
one time;
(ii) If an Operator has had ten (10) ar more bicycles impounded by the City
within a thirty (30) day time frame; or
(iii) If an Operator leaves a bicycle impounded for five (5) or more consecutive
calendar days.
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(M) An Operatar has a right to appeal the fallowing decisions of the City if it requests
an appeal in writing and delivers the request to the City Manager not more than
ten (10) business days after receiving notice of the action:
(i) A denial of an application for permit under this Pilat Program; and
(ii) A revocation of a permit under this Pilot Program.
(N) The City Manager or his designee shall act as the appeal hearing officer in an
appeal hearing under this section and will provide a decision on all appeals within
ten (10) business days. The hearing officer shall give the appealing party an
opportunity to present evidence and make argument an its behalf. The formal
rules of evidence shall nat apply to an appeal hearing under this section, and the
hearing officer shall make his ruling on the basis of a preponderance of the
evidence presented at the hearing. The hearing officer may affirm, modify, or
reverse all or part of the action being appealed. The decision af the hearing
officer is final.
(0) Following the revocation ar termination of a permit under this Pilot Program, or
the final decision of the appeal hearing officer should the decision be appealed as
provided in subsection (M) above, the Operator shall have ten (10) business days
to remove all bicycles in its service fleet from City streets, property, and rights-of-
way.
(P) If the term of this Pilot Program expires without the City renewing the program or
establishing an alternative Bike Share permit, Operatars shall have thirty (30)
days to remove all bicycles in their service fleets from City streets, property, and
rights-of-way.
�I,�,�°���I°�C�I� ��. Any Bike Share system bicycle that is not reparked, relocated, or
rebalanced in accordance with the provisions of Section 8 of this Ordinance is subject to
impoundment by the City.
(A) A bicycle removed and impounded under the authority of this Ordinance shall be
kept at the place designated by the police department until application for
redemption is made by the Operator or his authorized agent or other person
legally entitled to possession of the bicycle. The police department shall require
adequate proof of ownership or proof of right ta possession of the bicycle. The
fees for impoundment of bicycles are as follows:
(i) Impound fee. The impaundment fee shall be Fifty Dollars ($50.00).
(B) It shall be unlawful far any person to remove or attempt to remove a bicycle from
a city pound location withaut first paying the impoundment fee.
(C) Upon payment of the impoundment fee a bicycle impounded by the police
department pursuant to the enforcement of the provisions of this Ordinance may
be released to the Operator, owner, or person showing proof of a right to
possession.
(D) When a bicycle is authorized to be impounded, the police department shall keep
and maintain a record of the bicycle impounded, listing the color, Operator lago
exhibited on the bicycle, and any unique fleet identification number. The record
shall also include the date of impoundment, location removed from, reason for
�
impoundment, the name of the city staff inember or officer authorizing the
removal and impaundment, and capies of all notices sent to Operatars.
`� 1��,� I C(��1� � t�. To help confirm the effectiveness of this Pilot Program and stationless
Bike Share, all Operators must comply with the following data sharing requirements:
(A) Each Operatar will repart the data specified below to the Bicycle and Pedestrian
Coardinator ar the Traffic Engineer for reporting and analysis purposes.
(B) Each Operator must pravide the City with at least three (3) administrative access
or license profiles to the Application Programming Interface ("API99) to verify
data as reported.
(C) Each Operator shall be required to report, on a monthly basis, information
regarding their fleet and membership. The goal of these reports is ta better
understand how the Bike Share system is being utilized and to better inform
future policy decisions and patential changes. Each Operator will wark with the
City to provide the following information on their respective operatians in
Denton:
(i) Number af Bicycles;
(ii) Origin and destination trip data, including the distance travelled therein;
(iii) Usage, including rautes and total trips, per timeframe, locatian, and
bicycle;
(iv) Total number af inembers/registered users;
(v) Member survey and general demographics (if available); and
(vi) Reported collisions.
,�a I����( "° I'1 ��� l l, �� Each Operator shall obtain insurance meeting the following criteria:
(A) All insurance palicies propased or obtained in satisfaction of these requirements
shall comply with the following general specifications, and shall be maintained in
compliance with these general specifications through the duration of the Permit,
or langer if so indicated:
(i) Each policy shall be issued by a campany autharized to do business in the
State of Texas with an A.M. Best Company rating of at least �.- ��t� 1���������.
(ii) Any deductibles or self-insured retentions shall be declared in the
proposal. If requested by the City, the insurer shall reduce or eliminate
such deductibles or self-insured retentions with respect to the City, its
officials, agents, employees, and volunteers; or the Operator shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration, and defense expenses.
(iii) All liability policies shall be endorsed to provide the fallowing:
(a) Name the City of Denton, its officials, agents, employees, and
volunteers as Additional Insureds.
(b) That such insurance is primary to any other insurance available to
the Additional Insured with respect to claims cavered under the
policy and that this insurance applies separately to each insured
against whom claim is made or suit is brought. The inclusion of
more than one Additional Insured shall not operate to increase the
insurer's limit of liability.
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(c) Provide a Waiver of Subrogation in favor of the City of Denton, its
officials, agents, employees, and volunteers.
(iv) Cancellation: City requires thirty (30) day written notice should any of the
policies described an the certiiicate be cancelled ar materially changed
before the expiration date.
(v) Shauld any af the required insurance be provided under a form af
coverage that includes a general annual aggregate limit praviding for
claims investigation or legal defense costs to be included in the general
annual aggregate limit, the Operator shall either double the occurrence
limits or abtain Owners and Contractors Protective Liability Insurance.
(vi) Should any required insurance lapse during the Permit term and not be
reinstated within ten (10) calendar days, the City may, as its sale option,
terminate or revoke the Operator's permit.
(B) General Liability Insurance: General Liability insurance with combined single
limits of not less than One Million Dollars ($1,000,000.00} shall be provided and
maintained by each Operator. The policy shall be written on an occurrence basis
either in a single policy or in a combination of underlying and umbrella or excess
policies.
(i) If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
(a) Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering operations under the Permit and broad form property
damage coverage.
(b) Coverage B shall include personal injury.
(c) Coverage C, medical payments, is not required.
(ii) If the Comprehensive General Liability form (ISO Form GL 0002 current
edition and ISO Form GL 0404) is used, it shall include at least:
(a) Bodily Injury and Property Damage Liability for premises,
operations, products and completed operations, independent
cantractors and praperty damage resulting from explosion,
collapse, or underground (XCU) exposures.
(C) Automobile Liability Insurance: Each Operator shall provide Commercial
Automobile Liability insurance with Combined Single Limits (CSL) of not less
than Frve Hundred Thousand Dollars ($500,000.00) either in a single policy or
in a combinatian af basic and umbrella or excess policies. The policy will include
bodily injury and property damage liability arising out of the operation,
maintenance, and use of all automobiles and mobile equipment used in
conjunction with operations conducted under the Permit. Satisfaction of the
above requirements shall be in the form of a palicy endorsement for:
(i) Any auto; or
(ii) All owner, hired, and non-owned autos.
���s�"1 ����u �?. The following Pilot Program Permit fee schedule shall be applied to
approved Bike Share Operators based on the size of the Operatar's fleet:
(i) Twenty-Five (25) to Fifty (50): Five Hundred Dollars ($500.00)
(ii) Fifty (50) ta One Hundred (100): Seven Hundred Fifty Dollars ($750.00)
:
SECTION..13. It shall be a violation to operate a stationless Bike Share system or
business within the city limits of the City of Denton without a permit issued by the City, under
the terms and conditions set out above.
SECTION 14. Any person found guilty of violating this Ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed Five Hundred Dollars. ($500.00). Each
day that a provision of this ordinance is violated shall constitute a separate offense.
SECTION 15LL. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 16,� This ordinance providing for a penalty shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is hereby directed to cause the
caption of this ordinance to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the __�„�''�j�� day of ���� ,�'� ,,�,°_��� ���s' 2018.
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CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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By: ���� :�µ� � ��„�,� µ � � .�� - �µ�'�
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APPROVED AS TO LEGAL FORM;
AARON LEAL, CITY ATTORNEY
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Exhibit A
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City of Denton — Bike Share Application Form
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Bicycle Share Provider Name
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License and Insurance Requirements
The permit holder shall maintain General Liability Insurance and Automobile Liability Insurance during the term of this agreement.
The City shall be named as an Additional Insured on both coverages. The cost of the required insurance shall be paid by the permit
holder. Prior to commencement of this agreement, the permit holder and its subcontractors shall provide a certificate of insurance
evidencing the following coverages:
General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the
Permitor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella
or excess policies.
Permitee shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 500 000 either
in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction
with this contract.
All the above must be verified, fees paid, and the following documents attached with the application prior to permit issuance:
1. Insurance documentation
2. A detailed implementation plan with a map showing locations of virtual bike corals
3. Images and description of bicycles and mobile application
4. Size of fleet, including any planned fleet expansion over the pilot program
5. Service area, including any planned expansions over the pilot program
6. Education and outreach plan for proper bicycle parking and riding
Completed applications can be sent toM
City of Denton
Bike/Ped Coordinator
215 E. McKinney
Denton, TX 76209
Amount due:
The following annual permit fee schedule shall be applied to approved bicycle share permit holders based on the size of the
operator's fleet.
25 to 50 bicycles $500
51 to 100 bicycles $750
Approval for Permittee:
In signing this permit, the applicant agrees to having read and understand all the Rules and Regulations of the Pilot Bicycle Share
Permit Program, certifies that they have the authority to sign for and bind Permittee, and by virtue of their signature the Permittee
is bound by the provisions of this permit, including the Rules and Regulations mentioned above, the City of Denton Code and all
other State laws regulating bicycle and vehicle usage.
Print Name
Signature � ._.�.�... �����..._. ._._. _ _._. .__.�___ ��._. ..ww _� w� ��� �. Date
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Exhibit B
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Figur� 1-�, ��si�r� Cl��r�r�c� �r�a