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WHEREAS, the City of Denton ("City"} seeks to provide active transportation options to
its citizens; and
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WHEREAS, any Bike Share system would necessarily involve public streets and right-
of-way in the course of business, and
W E EAS, the City ust aintain and oversee its streets and rights-of-way in the
interest of public health and safety; and
W E AS, the City finds and continues to find that it is in the public interest to
establish a Bicycle Share Permit Program (the "Program"} under the terms and conditions as set
out below;
W E EAS, the City passed Ordinance 18-277 establishing a Pilot Per it Progra with
specific require ents and regulations stationless bike share operators ust follow to operate
within the City; and
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�l �, l 14 ��I; �,,, Each Operator must obtain a permit fram the City of Denton, received as
follows:
(A} The Operator must file a permit application with the Capital Projects Department
(Office of the Bike and Pedestrian Coardinator); said application to include the following items
and information:
(i} Completed Application, in the form attached to this Ordinance as Exhibit A�
(ii) Company name and lacal, primary contact infarmation;
(iii} Insurance and indemnification documents meeting the criteria specified below;
(iv} A detailed implementation plan with map shawing locations of virtual bike
carrals;
(v) Images and descriptian of bicycles and mobile applications;
(vi) Size of fleet, including any planned fleet expansions over the term of this
Program;
(vii} Service area, including any planned expansions over the term of this Program�
(viii) Plan for educating users on proper bicycle parking; and
(ix) Permit Fee in the amount applicable to the Operator as specified below.
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�9w �: � fCm�'�1 !�m�µ Public health and safety is the main cancern in establishing this Program.
Therefore, each Operator must comply with the following safety provisians:
(A} All bicycles used in Bike Share systems issued a permit under this Program shall
meet the standards outlined in the Code of Federal Regulations (CFR} under Title
16, Chapter II, Subchapter C, part 1512 — Regulatians for icycles. Additianally,
permitted systems shall meet the safety standards outlined in ISO 43.15d —
Cycles, subsection 4210.
(B) All bicycles shall meet the Texas Transportation Code requirement far lights
during nighttime, described in Texas Transportation Cade Section 551.104.
(C} All bicycles must be equipped with Glabal Positioning System (GPS} devices,
allowing the Operator to monitor their positions and restrict parking as provided
in this Ordinance.
(D) Each Operator shall provide a mechanism for customers to notify 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 on the bicycle (tap 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 an-street, bicyclists must follow the rules of the road as one
would in a motor vehicle.
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� I:;�:` N 1 t)�I (�. To further ensure responsible use of public streets and rights-of-way,
Operators must comply with the following parking restrictions:
(A) Operators must infarm their customers on how and where Bike Share parking is
permissible.
(B) Restrictians 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 on the attached Exhibit B.
(ii) Bicycles shall nat be parked against trees or within the landscape planting
bed.
(iii) The City reserves the right ta 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 lacatian
and assign use of certain lacations on a first-come-first-serve basis.
(v) icycles shall not be parked or stationed in such a way that will i ibit
pedestrian rnovement or Americans with Disabilities Act (ADA}
accessibility, which requires a minimum of 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} Loading zanes;
(c) ADA handicap parking zones;
(d) Street furniture that requires pedestrian and/or ADA access;
(e} Curb ramps; or
(f} Entryways and driveways.
(C) This Pragram Permit is only valid for operations within the City of enton right-
of-way. Additional zones (or virtual bike corrals} may be established; for
example, locations within parks, on-street parking spaces, off-street parking
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lots/garages, or campuses. However, permission to do so shall require
coardination with the appropriate City department and/or property owner, and
shall be carnmunicated to the customer through signage approved by the
respective entity and/or through the mobile web application.
(D) It is a violation of this ordinance for any Operator's bicycle to be parked in one
location for more than three (3} consecutive days withaut moving. During that
time, it must be evaluated and moved to an appraved virtual bike corral location
by the Operator. If an Operator's bicycle remains in the same locatian far the first
two (2} haurs of the fourth day, it may be removed by the City of Dentan and
taken to a facility for storage at the expense of the Operator. The City shall
invoice the violating Operatar as provided below,
(E) All Operators shall provide, on every bicycle, contact information for bicycle
relocation requests, including a telephone number, web address, and ernail
address.
(F) icycles 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 follawing times:
(i) Monday through Friday, 8:00 a.m. to 8:d0 p.m. (Federal holidays
excluded): within two (2) hours af the Operator receiving notice of
incorrect parking.
(ii} All other times: by 10:00 a.m. the fallowing calendar day (Federal
holidays included}.
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"�� _����" 1����� !�� To ensure responsible use of the public rights-of-way and in the interest of
public health and safety, Operators must comply with the follawing operational provisions
within the city limits of the City of enton:
(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 Operatar must provide the City of Denton with a direct point of contact for
the Operator's staff that is capable af rebalancing and re-parking bicycles.
(C} Operators will provide a rebalanacing management plan to the City that includes
the fallowing:
(i) Each Operator must have a dedicated staff team assigned to the City of
Denton;
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according to the parameters set out herein, a documented history of violating the
terms and regulations of this 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) or 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.
(M) An Operator has a right to appeal the following 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 actian:
(i) A denial of an application for permit under this Program; and
(ii} A revocation of a permit under this 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 on its behal£ The formal
rules of evidence shall not 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 of the hearing
officer is final.
(0) Following the revocation or termination of a permit under this 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 Pragram expires without the City renewing the program or
establishing an alternative Bike Share permit, Operators shall have thirty (3d}
days to remove all bicycles in their service fleets from City streets, property, and
rights-of-way.
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�1 ����.� ��t��� I(;�,.m To help confirm the effectiveness of this Program and stationless Bike
Share, all Operators must comply with the following data sharing requirements:
(A} Each Operator will report the data specified below to the Bicycle and Pedestrian
Coordinator or the Traffic Engineer for reporting and analysis purposes.
(B) Each Operator must provide the City with at least three (3) administrative access
or license profiles to the Application Pragramming Interface ("API"} 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 to better
understand how the Bike Share system is being utilized and to better inform
future policy decisions and potential changes. Each Operator will work with the
City to provide the following information on their respective operations in
Denton:
(i) Number of Bicycles;
(ii) Origin and destination trip data, including the distance travelled therein;
(iii} Usage, including routes and total trips, per timeframe, location, and
bicycle;
(iv) Total number of inembers/registered users;
(v) Member survey and general demographics (if available); and
(vi) Reported collisions.
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(a) Name the City of Denton, its officials, agents, employees, and
volunteers as Additional Insureds.
(b) That such insurance is primary ta any other insurance available to
the Additional Insured with respect to claims covered under the
palicy and that this insurance applies separately to each insured
against whom claim is made ar suit is braught. The inclusion of
more than one Additional Insured shall not operate to increase the
insurer's limit of liability.
(c} Provide a Waiver of Subrogation in favor of the City of Denton, its
afficials, agents, employees, and valunteers.
(iv) Cancellation; City requires thirty (30) day written notice should any of the
policies described on the certificate be cancelled or materially changed
before the expiration date.
(v) Should any of the required insurance be provided under a form of
coverage that includes a general annual aggregate limit praviding for
claims investigation or legal defense costs ta be included in the general
annual aggregate limit, the Operator shall either double the occurrence
limits ar obtain 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 sole 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 accurrence basis
either in a single policy ar in a combination of underlying and umbrella or excess
palicies.
(i) If the Cammercial General Liability form (ISO Form CG 0001 current
edition) is used:
(a} Coverage A shall include premises, operations, products, and
campleted operations, independent contractors, contractual liability
covering operations under the Permit and broad farm 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 (TSO Form GL Od02 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
contractors and property damage resulting from explosion,
collapse, or underground (XCU) exposures.
(C) Automobile Liability Insurance: Each Operatar shall provide Commercial
Automobile Liability insurance with Combined Single Limits (CSL) of not less
than Five undred Thousand ollars ($500,000.00} either in a single policy or
in a combinatian 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 mabile 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 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)
SECTION 13 w 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 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 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.
,�
pp Ordinance was made by (, ���'� �� ,�''��R�� ���` and seconded
a e t is
to a rov assed and amm �
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by ��„��� ���r �_� ��"�"�"� � this Ordinance was p pproved by the
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Aye Nay Abstain Absent
Mayor Chris Watts: �'
Gerard Hudspeth, District 1: "�""
Keely G. Briggs, District 2: �""
Jesse Davis, District 3: �""°�
John Ryan, District 4: ��°
Deb Armintor, At Large Place 5: ��„'
Paul Meltzer, At Large Place 6: �'
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PASSED AND APPROVED this the ������11ay of ���'� � 2019.
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CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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