Monrovia Municipal Code Ch. 12.42 Bikeshare and Scooter-Share Services

The renting, lending, or sharing of bicycles and scooters by and to members of the public from an unattended rack or other location ("Bikeshare and Scooter-share"), placed upon or near a public sidewalk or right-of-way, or in another publicly accessible location, shall be permitted only in accordance with the regulations of this chapter.

(Ord. 2018-05 § 1, 2018; Ord. 2018-07 § 1, 2018)

(A) No person shall operate a Bikeshare and Scooter-share service or install or maintain a rack therefor without first obtaining a business license and permit from the business license officer and an approved agreement with the city authorizing the use of city property. The city may charge a fee to the Bikeshare and Scooter-share service for the use of city property, established by resolution of the City Council.

(B) An application for a permit shall be filed with the business license officer on an application form which shall contain:

(1) The name, address and telephone number of the person or entity who owns the Bikeshare and Scooter-share business;

(2) The signature of the owner or authorized officer of the business agreeing to all terms and conditions of the permit and agreement with the city;

(3) The location of each bike/scooter rack or other facility proposed to be placed and maintained in the city, subject to the approval of the City Engineer;

(4) A precise plan or drawing depicting the exact proposed location of each rack or other facility;

(5) The contact name and 24-hour contact information for the person or persons in charge of maintenance, retrieval and relocation of the bicycle fleet;

(6) Any certificates of liability insurance required by the city agreement or this chapter.

(C) A permit application shall be accompanied by an inspection fee of $5 for each bike/scooter rack installed by the permittee.

(D) Issuance of a permit shall be contingent upon payment of the applicable business license tax set forth in Title 5 of this code. Failure to pay such tax will result in the revocation of existing permits.

(E) The permittee shall maintain general commercial liability insurance covering personal injury and property damage arising out of the use, operation, ownership and maintenance of the Bikeshare and Scooter-share service with limits of at least $1 million per occurrence and $2 million in the aggregate, with the city named as an additional insured. Evidence of such insurance shall be filed with the Business License Officer before issuance of a permit. The insurance shall provide that cancellation shall be effective only after 30 days written notice thereof delivered to the Business License Officer.

(Ord. 2018-05 § 1, 2018; Ord. 2018-07 § 1, 2018)

(A) Bikeshare and Scooter-share racks, bikes, scooters, and facilities shall be placed and maintained so they do not:

(1) Endanger the safety of persons or property;

(2) Interfere with any governmental or other permitted use of the sidewalk;

(3) Unreasonably interfere with pedestrians, including persons entering or leaving motor vehicles or businesses;

(4) Interfere with ingress or egress to private property;

(5) Interfere with the use of mail boxes or traffic signals;

(6) Inhibit any designated path of travel for persons with disabilities.

(B) Bikes/scooters shall not be parked and bike/scooter racks shall not be placed:

(1) Within three feet of any marked crosswalk;

(2) Within 15 feet of the curb return of any unmarked crosswalk;

(3) Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;

(4) Within five feet of any driveway;

(5) Within five feet ahead of, or 25 feet to the rear of any sign marking a designated bus stop;

(6) Within six feet of any bus bench or bus shelter;

(7) At any location where the clear space for the passageway of pedestrians is reduced to less than six feet;

(8) So as to project onto or over any part of the roadway of any public street or alley open to vehicular traffic, or rest wholly or in part upon, along or over any portion of the roadway of any public street or alley open to vehicular traffic;

(9) Within three feet of any display window of any building abutting a sidewalk or parkway, or in such manner as to impede or interfere with the reasonable use of such window for display purposes.

(C) Any bike/scooter racks installed, used or maintained shall not exceed five feet in height, 30 inches in width or two feet in thickness. Mounting for bike/scooter racks shall be of a design and aesthetic approved by the city and bolted in place to the sidewalk. Equivalent designs shall be subject to the approval of the Development Review Committee.

(D) Each bike/scooter rack installed, used or maintained pursuant to this chapter shall be identified with the name, address, telephone number and permit of the owner in a manner so as to be clearly visible. No bike/scooter rack shall carry any advertising except the name of the Bikeshare and Scooter-share service or a public service message from the City of Monrovia.

(E) Bike/scooter racks shall be maintained in good working order at all times, and in a clean and neat condition. No bike/scooter rack shall be placed or maintained on a sidewalk opposite another bike/scooter rack or news rack.

(Ord. 2018-05 § 1, 2018; Ord. 2018-07 § 1, 2018)

(A) Any bike/scooter rack or other Bikeshare and Scooter-share facility installed, used or maintained in violation of the provisions of this chapter may be removed or stored in any convenient place by any officer of the city. Ten calendar days prior to removal, written notice of the violation shall be given by attaching a notice of violation to the bike/scooter rack or facility and mailing such notice to the permittee. At any time within said ten-day period, an informal administrative hearing to challenge the existence of the alleged violation may be requested by the permittee or a representative of the permittee. The hearing shall be held before the Development Review Committee, whose decision in the matter shall be final and not subject to the appeal provisions set forth in Title 2 of this code. If the permittee fails to correct the violation during the ten-day period, or within five days following an adverse decision by the Development Review Committee, whichever is later, the bike/scooter rack or other structure shall be removed, held as evidence or disposed of as unclaimed property by the Police Department.

(B) The cost of removal and/or storage by the city of any bike/scooter rack or other facility subject to this chapter shall be chargeable as a civil debt to the owner thereof and may be collected by the city in the same manner as it collects any other civil debt or obligation.

(Ord. 2018-05 § 1, 2018; Ord. 2018-07 § 1, 2018)