Loading...
18-1203S;\Legal\Our pocumenYs\Ordinances\18\Liike Share Pilot Program Ordinance - ExYending Term -TLrev.doc . �•� . � � � �, .•••� • � � • � � .. . . ,.� :'. � � . . � • ' ' � � ' � • !': ' • : ' �' ..� .,�� . � ..#�� � �. #,�� , �� �� .; .. .: �, .. . *. � ! 1 � � � .... R ♦ � ! 1 ,, , .. C. � ,.... � [ ���. 7 � l. � � ... ... ♦.. � . � � � �'... � ��' � ��� � �' �; � � R :. � ���: I WHEREAS, The City of Denton ("City") seeks to provide active transpartation options to its citizens; and ' � � . • '�� ► ' . '�� i � '�� . '�� � . � • _ . �� � . � � �� ' � -� . � � �- � . • . � r : � , � � • . � �w- � .� - - � - • r- � -� w . �• + ♦ � -• r . � ' � ., • +� � . � : . . . - • • �. .,. � . . • � �:... � �....�. � •' �' ,���• � .:: � � ��'. '� � � ♦ " ..�•'� � :.��t � �.....! � -,..� •..... � �. #:��: ♦ �` !' ,� + �' r � � • i - •'' ., �#� • '�� ' � �1 ' • "� • � ��• � � � � � ' . � . � �: WHEREAS, the City must maintain and oversee its streets and rights-of-way in the interest of public health and safety� and . , . � • � • � • . - • • .. � - . � , . � � . , . .. . �, �, . . � • w, . • . . � � # � w . . • �' w . � ��r , -� � y . - �' • + , ' � . i . �r , . � :� �. ►.�,, + � . ; . . . � "+ � . ! � " . " • �' . # # � � # � . � . . !' � � . � . � ., � � �. � !* . . _ • . � .. . •'' • � i � � w w • ' #�� " #; • � #� * � R � � �. � . . ... . �� � ,,. � , ,, � . � ��' � R�...' � �� *����.. . ...� • . •:... • ....! •�; .... � •��...�'� ' •'.�'• •.�' � � •:� � " • �i . � . � # � � � � � . � � . � . . ' � � � ' f ' . ., �� � . � � .� _ �1 � i� � � � , � . ,'! . � f � !'• . .f� # . � ��I � •'�' . : + • •'' + • *�' + ` . � � � � � � ' i � ' � " . • # � � ! . # ���� �' ��' ' � �," . � : S:\C..eg�7l�Ciur C:1�ac�d�a�ents\C7rrJwnas�ces\N 8\Y3xke Sharc IawNc�t I'rr��,rarr� �rcfinarr�;e - F�te�din�� Tcrm =C'C..re�✓.�iac 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 .............. m. ............................ 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 � S:\LegaCtOur [7ocirtnents\�rdinarecestl�\[�ike Sh�ere P'rlat Pragram �rdinancc - F;xter�ding'I'erm -Tllrev.doc (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 � S:\LegaN�Clur C:7ocun�e�t�,\t7rdina�7ces\1 �1�3ike SFcace �xNat Fera�;raer� (Jrdinance - I;xtendin� "1'ecc� ••Tl,x�;�r.dcrc (� 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. � S;\Legal\C�ur C)ocurrients\Or�9iriances�l�\E3ik� Share P'rlot Prcr�ram Ordinance - E:xtendin� `[`�;rm �Tl.rev.doc (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 � 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 � 5:\Legal\Our LiocurrsentstQrdinanc�stl8\E3'rke Share f�ilot I'ro�ranl Oedinar�ce - E:xtending Terrn =['Lrev,doc 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: 'l.'i S:\Le�altC7ur [locuvnents\t)rdinancestl�\I3ilce: Sh�rre F'i(of E'ragram �rdin�tnce - F:xt�nding �I'erm -T'[.rev.cioc (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 _7_ S:\Le�,�l\Our pocurnents\C)gdrnances\18\E3ike Share Pilot Prograrn Ordielar7ce - ExYending `C'erm -TLre�.doc 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 : S:\Legal\Our pocuments\Ordinances\18\Bike Share Pilot Program Ordinance - Extending Term -TLrev.doc 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 .S.E.... 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 .S E.C.T .................. 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 ------- ---, �&�s� ����l�l������i����, v��t� � ���W�_ � .�....�� � � Abstain ��.���,;,��� Chris Watts, Mayor: Gerard Hudspeth, District 1: �' Keely G, Briggs, District 2: � i� S:\Legal\Our pocuments\Ordinances\18\Bike Share Pilot Program Ordinance - Extending Term -TLrev.doc Don Duff, District 3: �'' John Ryan, District 4: �....�`.....��._.... Deb Armintor, At Large Place 5: � Paul Meltzer, At Large Place 6: ��� PASSED AND APPROVED this the �m�m��day of rw P� �,� „ 2018. �. � � ��"`� �°���� �" �� � ,"� �W�-'���`���' '� A1"°��"� f"�i�YOR �� �� ATTEST: JENNIFER WALTERS, CITY SECRETARY �°„ � � Liy'� �„°�""�'�,� µ. � '..rc�� APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY �., � �a���� ��^�'� �� "`�� �.w�.�,� ��� � �,� � � � , �� B' � ����� � y�,� � �'_ � a��y � � . � � ..... ...... ._., �:. ........_ � -10-