Oakland Municipal Code Ch. 10.18 Dockless Vehicle Share Program

Footnotes:

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Editor's note— Ordinance No. 13627, § 1, adopted December 1, 2020, amended the title of chapter 10.44 to read as herein set out. The former chapter 10.44 pertained to the Dockless Scooter Share Program.

As used in this chapter, the following definitions shall apply:

A. "Dockless vehicle share system" means providing light weight two (2) or three (3) wheeled dockless vehicles, inclusive of electric-assist bikes, trikes and scooters (E-scooters), for short-term rentals for point to point trips where, by design of the dockless vehicle share operator, the vehicles are intended to remain in the public right-of-way, even when not being rented/used by a customer."

B. "Dockless vehicle share operator" or "operator" is any entity that owns and/or operates a City authorized dockless vehicle share system or program in the City's right-of-way. The term includes any employee, agent or independent contractor hired by the operator.

C. "Dockless vehicle share user or customer" is any person that uses, rents or rides a dockless scooter or is a customer of the dockless vehicle operator.

(Ord. No. 13627, § 1, 12-1-2020Ord. No. 13502, § 1, 9-17-2018)

A. The City Administrator, or her designee, shall develop dockless vehicle operator program criteria, application process and program requirements to operate within the City's right-of-way.

B. The City Administrator, or her designee, is authorized to review, approve and issue dockless vehicle operator permits to operators who submit applications to operate such programs within the City.

C. The City Administrator, or her designee, shall promulgate additional regulations governing dockless vehicle programs which at minimum will require operators to provide scooter safety features (such as lights and reflectors), to follow parking rules, to meet operating and customer service performance standards, and to perform data collection and reports to the City that monitors performance and effectiveness. Safety communication materials and app features must be preapproved by the City prior to launching.

D. The City Administrator, or her designee, shall set requirements for Operators to quickly remove vehicles parked in inappropriate areas, rebalance vehicles, and similar operator obligations and responsibilities.

E. The City's dockless vehicle share operator permit will also require Operators to provide proof of insurance of the types and at the levels determined by the City, indemnification, performance bonds, and cost recovery fees.

F. Termination. Operator permits shall be subject to termination for non-compliance including, but not limited to, operations that in the City's discretion constitute a nuisance, dangerous condition or repeated violations.

G. The City Administrator, or her designee, will establish a process to determine well-planned, designated locations for dedicated spaces for dockless vehicle sharing in the public right-of-way and in public plazas in cooperation with operators, and the public.

(Ord. No. 13627, § 1, 12-1-2020; Ord. No. 13502, § 1, 9-17-2018)

A. Communications to Customers/Users. All permitted operators shall include visible language within the operator's mobile and web application that notifies the customer that:

a. Users or customers on E-scooters are required to wear helmets.

b. Dockless vehicle users must follow all state and local traffic laws, including but not limited to the California Vehicle Code and Oakland Municipal Code.

c. Dockless vehicle users are not allowed to ride on the sidewalk.

B. Program Safety. Dockless scooter share operators are responsible for educating customers about safe use of vehicles, including providing education about state and local laws applicable to riding, operating and depositing a dockless vehicles in the public right-of-way.

C. Federal, State and local law compliance. Operators shall comply with all federal, state and local laws and shall be responsible for dockless vehicle user compliance with all laws, rules and regulations governing the use of dockless vehicles. Compliance with such laws shall include, without limitation, U.S.C, Title 15 Section 2052 (a) (1) and 2085, C.F.R. 1500.18(a)(12) and part 1512 of title 16, Code of Federal Regulations, and, and Article 5, section 407.5 and sections 21220—21235, of the California Vehicle Code, the California Penal Code and Oakland Municipal Code applicable to the use of E-scooters and E-bikes in the public right-of-way.

D. Operator's vehicles shall not create excessive or annoying noises in violation of Chapter 8.18.010 of the Oakland Municipal Code, nor play threatening messages.

(Ord. No. 13627, § 1, 12-1-2020; Ord. No. 13502, § 1, 9-17-2018)

A. The City Administrator, or her designee, shall establish parking requirements for dockless vehicles, and assess each operator's compliance with those requirements. Shared vehicles with both "self-locking" technology and those that lock to bike racks may be allowed.

B. Unless otherwise specified, dockless shared vehicles may be parked in acceptable areas of the right-of-way, including the "furnishing zone" if one exists, or at the curb side in areas with narrow sidewalks and no furnishing zone.

C. If operator's vehicles are found to be consistently parked improperly, the City Administrator reserves the right to reduce the number of shared vehicles allowed under their permit, or revoke it all together. To maintain parking compliance, operators shall:

1. Provide a single point-of-contact (phone number and email) customer service line, available twenty-four (24) hours, for complaints regarding improper parking; and

2. List that contact clearly on each vehicle along with a unique identifying number; and

3. Address those complaints within three (3) hours during typical work hours (Monday—Friday, 9:00 a.m.—6:00 p.m.) and twelve (12) hours on weekends and after typical work hours; and

4. Issue a "ticket number" for each issue to both the City and the person who reported the issue; and

5. Provide a response when a complaint is closed, similar to Oakland's 311 system; and

6. Provide sufficient operations and maintenance staff in Oakland to address issues and remove improperly parked vehicles.

D. Each operator shall be required to provide a minimum and maximum number of dockless vehicles, to ensure availability and avoid over-saturation. A maximum number of vehicles should be established, with an additional one hundred (100) vehicles allowed in phases if the operator's total fleet achieves a threshold of usage.

(Ord. No. 13627, § 1, 12-1-2020; Ord. No. 13502, § 1, 9-17-2018)

A. The dockless vehicle share permit is only valid for operations within the city public right-of-way. An operator shall not restrict use of its vehicle share system within certain geographical areas of the city unless approved by the city. Permission to operate the vehicle share system outside the public right-of-way shall require permission of appropriate department, agency, or property owner(s); the scooter share operator shall have a means of communicating to the customer when the vehicle has been operated in non-permitted areas. The communication to the user shall be sent electronically at the end of the ride.

B. Dockless vehicles should be distributed equitably throughout Oakland. No less than fifty (50) percent of operators vehicles shall be deployed in Oakland's Communities of Concern (as designated by the Metropolitan Transportation Commission). Operators shall provide real-time access to data showing the location of all their vehicles.

C. Operators will closely monitor ridership and adjust vehicle density and location accordingly to maximize the convenience of the greatest number of riders.

(Ord. No. 13627, § 1, 12-1-2020; Ord. No. 13502, § 1, 9-17-2018)

A. Operators shall be required to include adaptive vehicles for users experiencing disabilities. The total percentage of adaptive vehicles should be based on expected need, performance and usage.

B. If operator is unable to deploy adaptive vehicles at the time of permit issuance, a plan must be submitted to the Department of Transportation within three (3) months detailing a timeline for incorporation of shared adaptive vehicles into their fleet. This plan should detail the types and numbers of adaptive vehicles that will be made available.

(Ord. No. 13627, § 1, 12-1-2020; Ord. No. 13502, § 1, 9-17-2018)

Operators shall make available ways to use and pay for the service that do not require a smart phone or credit card.

(Ord. No. 13502, § 1, 9-17-2018)

Operators shall offer a discounted membership plan for those with low-incomes, equivalent to five dollars ($5.00) for one (1) year of unlimited 30 minute rides for those who participate in the State Nutritional Assistance Program (SNAP) or California Alternative rates for Energy (CARE).

(Ord. No. 13502, § 1, 9-17-2018)

Operators should clearly communicate to the public and to the City what personal information is being collected about users, how it is being used, and for how long. The dockless scooter share permit shall include a standard reporting form for this information, and the responses should be available on the City's website.

(Ord. No. 13502, § 1, 9-17-2018)

Operators shall make real-time data available to the City and designated third parties via the data standard developed by the North American Bikeshare Association, known as the "General Bikeshare Feed Specification (GBFS)", or similar standard as determined by the City. In addition, reports summarizing usage, maintenance, rebalancing, customer service and other key performance indicators should be provided to the City on a bi-yearly or quarterly basis.

(Ord. No. 13502, § 1, 9-17-2018)

The City Administrator or her designee will establish requirements for a robust community engagement process, including public workshops where operators co-plan the system with the community and a public forum for operators to present their proposals directly to, and receive comments from, Oakland residents. Public outreach plans shall be pre-approved by designated City staff, and should include a full list of presentations, activities and events.

(Ord. No. 13502, § 1, 9-17-2018)