Berkeley Municipal Code Ch. 14.63 Shared Electric Micromobility

The Council finds that the use of shared electric micromobility device sharing within Berkeley has numerous benefits, including improved mobility for residents, reduced personal vehicle ownership and vehicle miles traveled, and overall reduction in greenhouse gas emissions. The purpose of this Chapter is to facilitate shared micromobility within Berkeley by establishing a program under which permitted devices may operate within the City of Berkeley’s right-of-way, establish device parking requirements, and associated fees. (Ord. 7786-NS § 1, 2021)

A. "Shared electric micromobility device" or "device" means an electrically-powered device for short-term rental for point-to-point trips where, by design of the shared electric micromobility operator, the device is intended to remain in the public-right-of-way, even when not being rented, and is not required to be docked in a designated docking station for rental. "Devices" include electric scooters and electric-assisted bicycles.

a. "Device(s)" may include:

(i) "Electric Scooter"--any two-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor, as defined in Section 407.5 of the California Vehicle Code.

(ii) "Electric Bicycle"--A Class 1 Electric Bicycle or Class 2 Electric Bicycle as defined in Section 312.5 of the California Vehicle Code.

(iii) "Electric Motorized Bicycle"--A fully motorized two-wheeled device with a seat and footrest and an electric motor of no more than 750 watts.

(iv) "Electric Tricycle"--a three-wheeled device with a seat and an electric motor of no more than 750 watts.

(v) "Adaptive Shared Electric Micromobility Device" or "Adaptive Device"--an electric scooter, tricycle, or bicycle that is accessible to people with various physical disabilities. Adaptive Devices must include three wheels (or be self-balancing), a seat, and a basket or storage area large enough to hold a cane.

B. "Shared electric micromobility system operator" or "operator" is an entity that owns and/or operates a Shared Electric Micromobility System in the public-right-of-way. The term includes any employee, agent, or independent contractor hired or retained by the operator.

C. "Shared electric micromobility permittee" or "permittee" is an entity that is issued a Permit by the City to operate a Shared Electric Micromobility System in the public-right-of-way.

D. "Shared electric micromobility permit program" or "program" means the program under which the permit system is regulated.

E. "Shared electric micromobility system" or "system" means a system providing Devices as defined above.

F. "Shared electric micromobility user", "user" or "customer" is any person that uses, rents, or rides a shared electric micromobility device or is a customer of the operator. (Ord. 7786-NS § 1, 2021)

The shared micromobility parking zone boundaries will be established by a shared electric micromobility operator in consultation with the Public Works Department. Current and updated maps of the operator’s parking zones will be made available through the operator’s website and cell phone application. Individual devices must be parked at locations as permissible and described in BMC 14.68.180. (Ord. 7786-NS § 1, 2021)

A. Permits to operate a shared electric micromobility system within the City of Berkeley shall be issued by the Public Works Department in accordance with requirements set forth in this chapter.

B. The Public Works Department shall issue rules and regulations consistent with this Chapter governing the issuance of permits, as well as the terms and conditions that define and regulate the program.

C. A shared electric micromobility operator may apply for any amount of devices they wish to deploy; however the City retains the right to cap or reduce that number at any time. The Public Works Department will make fleet size cap and reduction decisions based on device usage data and responsiveness of the operator in maintaining the organization and clear use of the public right-of-way.

D. The Public Works Department shall issue the permits with a maximum term of one year. Permits may be granted annually through the end of the City’s fiscal year. (Ord. 7786-NS § 1, 2021)

Fees for Permits for the implementation and administration of this Chapter may be adopted by resolution of the City Council. (Ord. 7786-NS § 1, 2021)

A. The City may suspend or revoke the status of any qualified operator for any violation of the provisions of this Chapter or regulations promulgated to implement this Chapter. During the time that the permit is suspended or revoked, it shall be unlawful for the Operator to exercise any of the rights granted under this Chapter.

B. The permittee shall be entitled to appeal the City’s decision to suspend or revoke its Permit by filing a written notice of appeal with the City Manager within ten days from the date the notice of suspension or revocation is mailed.

C. The appeal shall clearly and concisely set forth the grounds upon which it is based.

D. If the permittee files a timely request for appeal, a hearing shall be held before the City Manager or their designee. The decision of the City Manager or their designee shall be final.

E. Pending the appeal hearing it shall be unlawful for the permittee to exercise its rights under this chapter. (Ord. 7786-NS § 1, 2021)

A. Every person who violates any provision of this chapter may be subject to administrative citations pursuant to Chapter 1.28.

B. Each violation of this chapter and each day of violation of this chapter shall be considered a separate and distinct violation thereof and the imposition of a penalty shall be as set forth in subsection A of this section for each and every separate violation and each and every day of violation. (Ord. 7786-NS § 1, 2021)