La Mesa Municipal Code Ch. 10.19 Micromobility Share Program

"Micromobility Share Program."

(Ord. 2019-2867, § 3, April 23, 2019)

Consistent with the city's goals of enhancing mobility and access, easing traffic congestion, promoting sustainability and achieving its climate action plan goals, this chapter initiates a micromobility share program to evaluate the impact of shared mobility alternatives within the city while ensuring the protection of the city and public health and safety, including evaluating the safety of the public traveling by foot, bicycle, or any vehicle on public sidewalks, streets, other public right-of-way and adjacent private property.

(Ord. 2019-2867, § 3, April 23, 2019)

(a) "Abandoned" shall mean leaving any item unattended for any length of time.

(b) "City Manager" shall mean the city manager or his or her designee.

(c) "Operator" shall mean the person(s) or business entity(ies) licensed by the city to operate the micromobility share program pursuant to this chapter.

(d) "Micromobility share program" shall mean a program establishing a licensee under a license agreement to rent, use, locate, display, offer or place for rent city-approved micromobility options within city boundaries. The micromobility share program requires the city manager or delegated staff to monitor and assess the overall performance, safety and benefits of the program.

(e) "Public area" shall mean any outdoor area that is open to the public for public use, whether owned or operated by the city or a private party.

(f) "Public right-of-way" shall mean any public alley, parkway, public transportation path, roadway, sidewalk, trails, pathways or street that is owned, granted by easement, operated or controlled by the city. This includes, but is not limited to, those private areas adjacent to public property.

(g) "Shared micromobility device" shall mean any device by which a person can be transported, propelled, moved or drawn, that is rented, used, located, displayed, offered or placed for rent in any public area or public right-of-way for the purpose of transportation, except that a shared micro-mobility device does not include a rental car, taxicab, or any other device excluded pursuant to administrative regulations.

(Ord. 2019-2867, § 3, April 23, 2019)

The city may at its discretion develop administrative regulations to implement the provisions of this chapter, which may include regulations relating to lawful conduct, prohibited conduct, public safety, data sharing, data privacy and/or the timely removal of hazards.

No person shall fail to comply with the city's administrative regulations, if adopted. Any violation of any administrative regulation issued pursuant to this chapter shall constitute a violation of this code and shall subject the violator to the penalties set forth in this code.

(Ord. 2019-2867, § 3, April 23, 2019)

Notwithstanding any other provision of this code, no person, including operator, may:

(a) Deploy, drop, abandon, leave, dock or otherwise place or encourage the use of any shared micromobility devices within city boundaries without an executed license agreement with the city of La Mesa.

(b) Abandon or temporarily park any micromobility share program device, in the city public right-of-way or a city public area in a manner that: (1) obstructs travel upon or blocks access to a public area or public right-of-way; (2) violates ADA or any other disability access and path of travel laws, requirements and/or regulations; (3) poses an immediate public safety hazard or nuisance; or (4) is otherwise prohibited by applicable local, state or federal laws or administrative regulations; or

(c) Use or aid, abet or encourage the use of any prohibited mobility device in violation of this code or impair any license, permit, applicable law or administrative regulation.

This chapter is not intended to prohibit or limit the lawful private non-commercial use, ownership or operation of a micromobility device within city limits.

(Ord. 2019-2867, § 3, April 23, 2019)

(a) Under this micromobility share program, the city manager is authorized to negotiate micromobility share program operator license agreements authorizing operators to deploy micromobility devices within designated city locations.

(b) The city council may set operator fees by resolution related to the operation of a business pursuant to this chapter.

(c) The city manager may impose, as part of the micromobility share program operator license issued, any and all conditions that are determined necessary to effectuate the purposes of this chapter, consider accessibility of any public area, public right-of-way and the availability of public space for shared use by all, and to protect city and the health, welfare, and safety of the public.

(d) The number, location, technical requirements and mode(s) of micromobility share program devices and related applications shall be set forth in the negotiated license agreement approved by city council.

(e) At any time, in the city council's discretion, the city council may reassess the approved operator license agreement and its terms, consistent with the approval of the agreement.

(f) The city council approved micromobility share program operator license agreement and its determinations under this section shall constitute the final decision of the city and shall not be subject to further administrative review.

(g) Before the micromobility deployment, the operator must execute a license agreement in a final form approved by city council, comply with all license agreement conditions, provide evidence of insurance as required by this chapter and license agreement and obtain a city business license.

(Ord. 2019-2867, § 3, April 23, 2019)

To the fullest extent permitted by law, the city shall not assume any liability whatsoever with respect to having issued a micromobility share program operator license agreement or otherwise approving the operation of any shared micromobility device. As a condition to the issuance of any micromobility share program operator license or any other shared micromobility device, the operator shall at a minimum be required to meet all of the following conditions:

(a) The operator shall, in language approved by the city risk manager, agree to indemnify, defend (at operator's sole cost and expense), and hold harmless the city, and its officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the city's issuance of or decision to enter into a micromobility share program operator license agreement, the process used by the city in making its decision, any alleged violation of any federal, state, or local laws by operator, and for any and all claims, losses, damages, injuries, liabilities, or losses to any micromobility device user or any third party, arising out of, or which are in any way related to, operator activities and operations, including, but not limited to, under the program micromobility share operator license agreement.

(b) Maintain insurance at coverage limits, and with conditions thereon, as determined by the city risk manager as necessary and appropriate, including naming city of La Mesa as an additional insured. The operator's insurance policy shall be endorsed to state that coverage shall not be cancelled except after thirty days' prior written notice has been given to the city. If any insurance policy issued to an operator is cancelled for any reason, the license agreement issued under this chapter is automatically suspended and all operator operations shall cease. In order to reinstate the license, the licensee shall provide a new certificate and policy of insurance to the city.

(Ord. 2019-2867, § 3, April 23, 2019)

A micromobility share program operator license agreement may be revoked, suspended, or denied by the city manager consistent with the terms of the license agreement approved by city council or for violation of this chapter.

(Ord. 2019-2867, § 3, April 23, 2019)

(a) Except for any micromobility device authorized by a city council under a city micromobility share program license agreement, prohibited shared mobility devices that are rented, used, dropped, left, located, displayed, offered or made available for rent, or abandoned, in the public right-of-way, public area or is otherwise determined to constitute a public nuisance shall be subject to immediate impoundment by the city.

(b) The city council may adopt impound fees by resolution, which shall reflect the city's enforcement, investigation, administration, storage and impound costs.

(c) No person shall retrieve any impounded prohibited shared mobility device except upon demonstrating proper proof of ownership of the device and payment of applicable impound fees.

(d) Any prohibited shared mobility device not retrieved from impound for more than thirty calendar days shall be deemed abandoned and may, in the city manger's discretion, be destroyed or auctioned in accordance with applicable state law.

(Ord. 2019-2867, § 3, April 23, 2019)

(a) Any person who violates any provision of this chapter, shall be guilty of an infraction or a misdemeanor, which shall be subject to the provisions of the general penalty clause set out in section 1.01.080 of the code of the city.

(b) Any person who violates any provision of this chapter, including any license agreement condition, shall be subject to administrative fines and administrative penalties pursuant to the Municipal Code.

(c) Any person convicted of violating this chapter in a criminal case, or found to be in violation of this chapter in a civil or administrative case brought by the city, shall reimburse the city for its actual reasonable costs expended related to the same, including reasonable attorneys' fees and costs.

(Ord. 2019-2867, § 3, April 23, 2019)

In the event that any court of competent jurisdiction holds any section, subsection, paragraph, sentence, clause or phrase in this chapter to be unconstitutional, preempted or otherwise invalid, the invalid portion shall be severed from this chapter and shall not affect the validity of the remaining portions of this chapter. The city hereby declares that it would have adopted each section, subsection, paragraph, sentence, clause or phrase in this chapter irrespective of whether any one or more sections, subsections, paragraphs, sentences, clauses or phrases in this chapter might be declared unconstitutional, preempted or otherwise invalid.

(Ord. 2019-2867, § 3, April 23, 2019)

In the event that any city ordinance or regulation, in whole or in part, adopted prior to the effective date of this chapter, conflicts with any provisions in this chapter, the provisions in this chapter shall control.

(Ord. 2019-2867, § 3, April 23, 2019)