18-1203S;\Legal\Our pocumenYs\Ordinances\18\Liike Share Pilot Program Ordinance - ExYending Term -TLrev.doc
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WHEREAS, The City of Denton ("City") seeks to provide active transpartation options
to its citizens; and
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WHEREAS, the City must maintain and oversee its streets and rights-of-way in the
interest of public health and safety� and
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SECTION 3. Each Operatar must obtain a permit from the City of Denton, received as
fallaws:
(A) The Operatar must file a permit application with the Capital Projects Department
(Office of the Bike and Pedestrian Caardinator); said application to include the fallowing items
and infarmation;
(i) Completed Application, in the form attached to this Ordinance as Exhibit A;
(ii) Campany name and local, primary contact information;
(iii) Insurance and indemnification documents meeting the criteria specified below;
(iv) A detailed implementation plan with map shawing locations of virtual bike
corrals;
(v) Images and descriptian of bicycles and mobile applicatians;
(vi) Size af fleet, including any planned fleet expansions over the term of this Pilat
Program;
(vii} Service area, including any planned expansians over the term af this Pilot
Program;
(viii) Plan for educating users on proper bicycle parking; and
(ix) Permit Fee in the amount applicable to the Operator as specified belaw.
(B) Within iive (5) business days of receiving a completed applicaiian which
complies with all of the rules and regulations herein, the City shall issue a Pilot Program Permit
to the Operator, valid during the term of this Pilot Program, subject to the restrictians and
regulatians herein.
SECTION 4.w Public health and safety is the main concern in establishing this Pilot
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Program. Therefore, each Operator must comply with the following safety provisions:
(A) All bicycles used in Bike Share systems issued a permit under this Pilot Program
shall meet the standards autlined in the Code of Federal Regulatians (CFR) under
Title 16, Chapter II, Subchapter C, part 1512 — Regulatians for Bicycles.
Additionally, permitted systems shall meet the safety standards outlined in ISO
43.150 — Cycles, subsection 4210.
(B) All bicycles shall meet the Texas Transpartation Cade requirement for lights
during nighttime, described in Texas Transportation Cade Sectian 551.104.
(C) All bicycles must be equipped with Global Pasitioning System (GPS) devices,
allowing the Operator to monitor their positions and restrict parking as provided
in this Ordinance.
(D) Each (7perator shall provide a mechanism far customers to natify the 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 posted an 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
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(iii) When riding on-street, bicyclists must follow the rules of the road as one
would in a mator vehicle.
(F) Operators agree that the City of Dentan is not responsible for educating users
regarding bicycle laws. Neither is the City responsible far educating users on
how ta ride or operate a bicycle. Operators must educate users regarding laws
applicable to riding and operating a bicycle within the city limits and must
instruct users to comply with applicable laws.
SECTION„5� To ensure responsible use of public rights-of-way and to promote
multimadal and active transportation options, Operators must comply with the follawing
provisions for service area:
(A) Each Operator shall include at least one of the following locations within its
service area: the Dawntawn Denton Transit Center ("DDTC"), downtown, the
University of North Texas, Texas Woman's University, or ather activity centers
(retail and employment areas) appraved by the City.
(B) Each Operator must submit, as part of a permit application to the City, a detailed
implementation plan along with a map that identifies the locations and size of
virtual bike corrals that will be used by the Operator. This plan must be approved
by the City's engineering staff before approval of the permit application.
(C) Any changes to the implementation plan within the term of the Pilot Pragram
must be approved by the City's engineering staff.
SECTION 6. To further ensure responsible use of public streets and rights-of-way,
C)perators must comply with the following parking resirictions.
(A) Operators must inform their customers on 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 of 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 block faces where
statianless Bike Share parking is prohibited.
(iv) The City reserves the right to restrict the number of bicycles at a locatian
and assign use of certain locations on a first-come-first-serve basis.
(v} Bicycles shall not be parked or stationed in such a way that will inhibit
pedestrian movement or Americans with Disabilities Act (ADA)
accessibility, which requires a minimum of forty-eight inches (4879) of
clear path on sidewalks and pedestrian ways.
(vi) Bicycles shall not be parked adjacent to or within:
(a) Outside dining areas;
(b} Loading zanes;
(c) ADA handicap parking zones;
(d) Street furniture that requires pedestrian and/or ADA access;
(e) Curb ramps; or
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(� Entryways and driveways.
(C) This Pilat Program Permit is only valid far operatians wiihin the City of Dentan
right-of-way. Additional zones (or virtual bike corrals) may be established; far
example, locatians within parks, on-street parking spaces, aff-street parking
lots/garages, or campuses. However, permission to do sa shall require
coardinatian with the apprapriate City department and/or praperty owner, and
shall be communicated to the customer through signage approved by the
respective entity and/ar through the mabile web application.
(D) It is a violatian af this ardinance for any Operator's bicycle to be parked in one
locatian far more than three (3) consecutive days withaut maving. During that
time, it must be evaluated and maved to an approved virtual bike carral location
by the Operatar. If an Operator's bicycle remains in the same location for the first
two (2) hours of the fourth day, it may be remaved by the City of Dentan and
taken to a facility far storage at the expense of the Operator. The City shall
invoice the violating Operator as provided below.
(E) All Operatars shall provide, on every bicycle, cantact infarmation for bicycle
relocation 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 remaved by the Operator based on the follawing times:
(i) Monday through Friday, 8;00 a.m. to 8:00 p.m. (Federal holidays
excluded): within twa (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).
SECTION 7. Far events thai take place an the Downtown Denton Square or in the
Downtown Implementatian Plan area that require street clasure and/or booths to set up on the
sidewalk, removal of Bike Share bicycles will be handled by the Operatar as follows:
(A) Notification by the City will be by email to each Operator's afficial paint af
contact, as indicated on the Operator's application.
(B) Two (2) weeks priar to the event, City staff will contact all Operators alerting
them ta the upcoming event.
(C) Operators will be required ta remove their bicycles fram the event and street
closure area at least three (3) haurs prior ta street closures or event set-up.
(D) It is the responsibility of each Operatar 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, Operatars must comply with the fallowing aperational pravisions
within the city limits of the City af Denton:
(A) Each Operatar must have a 24-hour customer service phone number for customers
and others to report safety concerns, complaints, or ask questions.
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(B) Each Operatar must provide the City of Denton with a direct point of contact for
the Operator's staff that is capable of rebalancing and re-parking bicycles.
(C) Operators 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
Dentan;
(ii) Bicycles will be rebalanaced to appraved virtual bike carral locations by
8:00 a.m. each marning, seven days per week; and
(iii) Each Operator must have a customer service telephane number which is
manitored $:00 a.m. to 8:00 p.m.
(D) In the event City staff identifies or receives a nuisance camplaint, each Operator
shall relacate 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) hours of the Operator receiving notice of
incorrect parking.
(ii) All ather times: by 10:00 a.m. the following calendar day (Federal
holidays included).
(E) Any inaperable bicycle, ar any bicycle deemed not safe to operate eiiher by a user
ar the Operatar, shall be removed from the public right-of-way within twenty-four
(24) hours of notice by any means to the Operator by an individual or entity, and
shall be repaired befare returning the bicycle inta service within the public right-
af-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 af
permit approval.
(G} Each Operator shall have a maximum bicycle fleet af one hundred (100) bicycles.
If ridership reports demonstrate a need for a larger fleet size and all Operators are
meeting responsible rebalancing/relacation 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 Transportatian Authority
/66DCTA") to best identify placement, if allawed by DCTA, of bicycles at DCTA
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bus stops ar transit centers to ensure pedestrian access is not abstructed to
baarding and alighting DCTA mades of transpartation, ar access along and
adjacent to pedestrian ways,
(J) Each Operator must provide Two Thausand Dollars ($2,000.00) in cash per ane
hundred (100) bicycles, not to be prorated, ta the City to be held in escraw for the
term of the Permit to cover direct casts incurred by the City due to violations af
the Permit, subject to ihe provisians af subsectian (K), below. Should the escraw
accaunt be debited, said Operator shall provide additianal funds ta raise the
amaunt back to Twa Thausand 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 af
these requirements, or incurs any costs of repair or maintenance of public
praperty, upon receiving written notice of the costs incurred, the Operatar shall
reimburse the City far such costs within thirty (30) days. If reimbursement is not
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received by the City within thirty (30) days af written notice to Operator, the City
may withdraw the funds from the escraw account provided in subsection (J),
above.
(L) Permits may be revoked far lack of customer service response, to include but nat
limiied ta, safety concerns, failure to actively manage rebalancing/relocation
according ta the parameters set aut herein, a documented history of violating the
terms and regulations of this Pilot Program, and/or any of the follawing:
(i) If an Operator has five (5) or more bicycles impaunded by the City at any
ane time;
(ii) If an Operatar has had ten (10) or mare bicycles impaunded by the City
within a thirty (30) day time frame; or
(iii) If an Operator leaves a bicycle impounded for five (5) or mare consecutive
calendar days.
(M) An Operatar has a right ta appeal the follawing decisions of the City if it requests
an appeal in writing and delivers the request ta the City Manager not more than
ten (10) business days after receiving natice af the action:
(i) A denial of an application for permit under this Pilot Program; and
(ii) A revocation of a permit under this Pilot Pragram.
(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
oppartunity to present evidence and make argument on its behalf. The formal
rules of evidence shall not apply ta an appeal hearing under this sectian, and the
hearing afficer shall make his ruling an the basis af a prepanderance af the
evidence presented at the hearing. The hearing officer may affirm, modify, ar
reverse all or part of the action being appealed. The decision of the hearing
officer is final.
(0) Fallawing the revocatian or termination of a permit under this Pilat Program, or
the final decisian of the appeal hearing afiicer should the decision be appealed as
provided in subsection (M) above, the Operator shall have ten (10) business days
ta remave all bicycles in its service fleet from City streets, property, and rights-of-
way.
(P) If the term af this Pilot Program expires without the City renewing the pragram or
establishing an alternative Bike Share permit, Operators shall have thirty (30)
days to remove all bicycles in their service fleets fram City streets, property, and
rights-of-way,
SECTION 9. Any Bike Share system bicycle that is not reparked, relocated, or
rebalanced in accordance with the provisions of Section 8 af this Ordinance is subject to
impoundment by the City.
(A) A bicycle remaved and impaunded under the authority af this Ordinance shall be
kept at the place designated by the police department until application far
redemption is made by the Operator ar his authorized agent or other persan
legally entitled ta possession af the bicycle. The police department shall require
adequate proaf of ownership or proof of right to possession af the bicycle. The
fees for impaundment of bicycles are as fallaws:
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(i} Impaund fee. The impoundment fee shall be Fifty Dollars ($50.00).
(B) It shall be unlawful for any person to remove or attempt to remove a bicycle from
a city paund lacation without first paying the impoundment fee.
(C} Upan payment af the impaundment fee a bicycle impounded by the police
department pursuant ta the enfarcement of the pravisions of this Ordinance may
be released to the Operator, owner, or person shawing proaf of a right to
possession,
(D) VVhen a bicycle is autharized ta be impounded, the police department shall keep
and maintain a record of the bicycle impounded, listing the calor, Operator lago
exhibited an the bicycle, and any unique fleet identification number. The record
shall also include the date of impoundment, location remaved from, reason far
impoundment, the name of the city staff inember ar officer autharizing the
remaval and impaundment, and copies af all natices sent to Operators.
SECTION 10. To help eonfirm the effectiveness of this Pilot Program and stationless
Bike Share, all Operatars must camply with the following data sharing requirements:
(A) Each Operatar will report the data specified below to the Bicycle and Pedestrian
Coordinatar or the Traffic Engineer for reporting and analysis purposes.
(B) Each Operator must pravide the City wiih at least three (3) administrative access
or license profiles ta the Applicatian Programming Interface ("API") to verify
data as reported.
(C) Each Operator shall be required ta report, on a monthly basis, infarmation
regarding their fleet and membership. The goal of these reports is to better
understand haw the Bike Share system is being utilized and to better infarm
future policy decisions and potential changes. Each Operator will work with the
City to pravide the follawing information an their respective operations in
Dentan:
(i} Number af Bicycles;
(ii} Origin and destination trip data, including the distance travelled therein;
(iii) Usage, including rautes and tatal trips, per timeframe, locatian, and
bicycle;
(iv} Total number of inembers/registered users;
(v) Member survey and general demographics (if available); and
(vi) Reported collisions.
"�1:�� �� C�;���! 1„p�,, Each Operator shall obtain insurance meeting the following criteria:
(A) All insurance policies proposed or obtained in satisfaction of these requirements
shall camply with the fallowing general specifications, and shall be maintained in
compliance with these general specifications through the duration of the Permit,
or longer if so indicated:
(i) Each palicy shall be issued by a company authorized to do business in the
State of Texas with an A.M. Best Company rating af at least ,��_���° ����:��,���.
(ii) Any deductibles or self-insured retentions shall be declared in the
praposal. If requested by the City, the insurer shall reduce or eliminate
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such deductibles or self-insured retentions with respect ta 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 following:
(a) Name the City af Denton, its officials, agents, employees, and
volunteers as Additianal Insureds.
(b) That such insurance is primary ta any other insurance available to
the Additional Insured with respect ta claims covered under the
policy and that this insurance applies separately to each insured
against wham claim is made ar suit is braught. The inclusion af
more than ane Additianal Insured shall not operate to increase the
insurer's limit of liability.
(c) Provide a Waiver of Subragation in favor af the City of Dentan, its
officials, agents, employees, and volunteers.
(iv) Cancellation: City requires thirty (30) day written notice should any af the
policies described on the certificate be cancelled or materially changed
before the expiration date.
(v) Shauld any of the required insurance be pravided under a farm of
coverage that includes a general annual aggregate limit providing for
claims investigation or legal defense costs to be included in the general
annual aggregate limit, the Operatar shall either double the accurrence
limits or obtain Owners and Contractars Protective Liability Insurance,
(vi) Shauld any required insurance lapse during the Permit term and not be
reinstated within ten (10) calendar days, the City may, as its sole option,
terminate or revoke the Operator's permit.
(B) General Liability Insurance: General Liability insurance with combined single
limits af 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 Farm 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 farm (ISO Form GL 0002 current
edition and ISO Farm GL 0404) is used, it shall include at least:
(a) Bodily Injury and Property Damage Liability far premises,
operations, products and campleted operations, independent
contractors and property damage resulting fram explosion,
callapse, or underground (XCU) exposures.
(C) Automobile Liability Insurance: Each Operator shall provide Commercial
Autamobile Liability insurance with Combined Single Limits (CSL) of not less
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than Five Hundred Thousand Dollars ($500,000.00) 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 operations conducted under the Permit. Satisfaction of the
above requirements shall be in the form of a policy endorsement for:
(i) Any auto; or
(ii) All owner, hired, and non-owned autos.
SECTION 12. The following Pilot Program Permit fee schedule shall be applied to
approved Bike Share Operators based on the size of the Operator's fleet:
(i) Twenty-Five (25) to Fifty (50): Five Hundred Dollars ($500.00)
(ii) Fifty (50) to One Hundred (100): Seven Hundred Fifty Dollars ($750.00)
CTION_ 13., It shall be a violation to operate a stationless Bike Share system or
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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.
ION 14. Any person found guilty of violating this Ordinance by a court of
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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 15. 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.
The motion to approve this ordinance was made by _����;� w����� ����� ���" ������ ���� and
seconded by `_°_�� �__ ��,�� �'.,�"�_______ ____ _ the ordinance was passed and approved by
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�&�s� ����l�l������i����, v��t� � ���W�_ � .�....��
� � Abstain ��.���,;,���
Chris Watts, Mayor:
Gerard Hudspeth, District 1: �'
Keely G, Briggs, District 2: �
i�
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Don Duff, District 3: �''
John Ryan, District 4:
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Deb Armintor, At Large Place 5: �
Paul Meltzer, At Large Place 6: ���
PASSED AND APPROVED this the �m�m��day of rw P� �,� „ 2018.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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Liy'� �„°�""�'�,� µ. � '..rc��
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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