Pomona Municipal Code Art. XIII Shared Dockless Micro-Mobility Device Businesses; E-Scooters and E-Bicycles

Footnotes:

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Editor's note— Ord. No. 4259, § 2, adopted May 6, 2019, added a new Art. XIII, §§ 30-755—30-758, to the Code; however, said provisions have been redesignated as Art. XIII, §§ 30-781—30-784, at the editor's discretion, for purposes of allowing future expansion of the Code.

The purpose of this chapter is to prohibit shared dockless micro-mobility devices from being placed in the public right-of-way or on public property, operated in the public right-of-way, or offered for use anywhere in the city until such regulations may be adopted so as to address potential nuisance conditions and safety concerns related to the operation of shared dockless micro-mobility devices.

(Ord. No. 4259, § 2, 5-6-2019)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Electric bicycle is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts.

(1) A "class 1 electric bicycle," or "low-speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

(2) A "class 2 electric bicycle," or "low-speed throttle-assisted electric bicycle," is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.

(3) A "class 3 electric bicycle," or "speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.

Motorized bicycle or moped is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than four gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

Motorized scooter means a two- or three-wheeled device that has handlebars, a floorboard designed to be stood upon when riding, and is powered by a motor.

Scooter means a two- or three-wheeled device that has handlebars, a floorboard designed to be stood upon when riding.

Shared dockless micro-mobility devices shall mean any wheeled device that has handlebars, and is designed to be either powered by an electric motor or other power source, or to be powered by human propulsion, that is accessed via an on-demand portal, whether through a smart-phone, access code, I.D. card, or similar method, and is operated by a public, private, or non-profit entity that owns, manages, maintains and ensures devices for shared use by members, which are available to members in unstaffed, self-service locations.

Shared dockless micro-mobility device operator shall mean an individual or a public, private, or non-profit entity that manages shared dockless micro-mobility devices.

(Ord. No. 4259, § 2, 5-6-2019)

It is unlawful to provide, place, or offer for use shared dockless micro-mobility devices, or to operate a shared dockless micro-mobility device in any street or public right-of-way or other public place within the city in which the public has the right of travel.

(a) The city council hereby authorizes all officers and employees of the city who have the duty to enforce city ordinances and this Code to cite persons for violation of such ordinances and this Code, and are hereby authorized to impound the shared dockless micro-mobility devices of any person or shared dockless micro-mobility devices operator violating the provisions of this chapter. Devices shall be subject to an impound fee established by city council resolution.

(b) The city manager may promulgate regulations for the notification to the operator and return of the devices to the operator and as may otherwise be necessary to implement the purpose of this chapter.

(Ord. No. 4259, § 2, 5-6-2019)

(a) In addition to any other remedy allowed by law, any person who violates a provision of this chapter may be subject to criminal sanctions, civil actions, and administrative citations pursuant to section 50-357.

(b) Violations of this article are hereby declared to be a public nuisance.

(c) In the event a motorized scooter is impounded pursuant to section 30-757(a), the motorized scooter share program operator shall pay the administrative costs incurred by the city in impounding the motorized scooter, if any, in addition to any applicable penalties imposed pursuant to subsection (a) above.

(d) All remedies prescribed under this article are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this article.

(Ord. No. 4259, § 2, 5-6-2019)