San Diego Municipal Code Div. 3 Shared Mobility Devices

(“Shared Mobility Devices” added 5-17-2019 by O-21070 N.S.; effective 6-16-2019.)

The City Council enacts this Division to establish a process for allowing providers to rent shared mobility devices for public use in the City of San Diego. The City Council finds that authorizing City streets for this purpose furthers its goal of encouraging alternative methods of transportation while protecting public health and safety and maintaining accessibility under local, state and federal laws, including, but not limited to, the Americans with Disabilities Act. (“Purpose and Intent” added 5-17-2019 by O-21070 N.S.; effective 6-16-2019.) (Amended 6-27-2022 by O-21467 N.S.; effective 7-27-2022.)

For purposes of this Division, defined terms appear in italics. The following definitions apply to this Division:

Corral means an area designated for staging or parking shared mobility devices that
is created either by a virtual geographic boundary, or by physical striping, marking or
signage.

Electric bicycle has the same meaning as in Vehicle Code section 312.5.

Fleet means all shared mobility devices in the City owned by a specific provider.

Fleet Management means field responsibilities by the providers that include fleet
deployment, sanitization, rebalancing and general care of the shared mobility devices.

Geofencing means the creation of a virtual geographic boundary, defined by Global
Positioning System (GPS), radio-frequency identification (RFID), or other
technology, that enables a provider to regulate speed, issue notifications, and take
other actions, when a shared mobility device in its fleet enters or leaves an area.

Motorized scooter has the same meaning as in Vehicle Code section 407.5.

Motorized bicycle has the same meaning as in Vehicle Code section 406.

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Shared mobility device means an electrically motorized board as defined in Section 313.5 of the Vehicle Code, motorized scooter as defined in Section 407.5 of the Vehicle Code, electric bicycle as defined in Section 312.5 of the Vehicle Code, bicycle as defined in Section 231 of the Vehicle Code, motorized bicycle as defined in Section 406 of the Vehicle Code, or other similar personal transportation device, except as provided in subdivision (b) of Section 415 of the Vehicle Code, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform.

Shared mobility device provider or provider means a person or entity that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform. (“Definitions” added 5-17-2019 by O-21070 N.S.; effective 6-16-2019.) (Amended 6-27-2022 by O-21467 N.S.; effective 7-27-2022.)

Providers are subject to all applicable laws, rules, and regulations, including those in the San Diego Municipal Code and the Vehicle Code, pertaining to the operation and safety standards of the shared mobility devices in their fleet. (“Other Laws Applicable to Operators” added 5-17-2019 by O-21070 N.S.; effective 6-16-2019.) (Retitled from “Other Laws Applicable to Operators” to “Other Laws Applicable to Providers” and amended 6-27-2022 by O-21467 N.S.; effective 7-27-2022.)

It is unlawful for any person to own or operate a shared mobility device business without a written contract with the City to do so. (“Permit Required” added 5-17-2019 by O-21070 N.S.; effective 6-16-2019.) (Retitled from “Permit Required” to “Contract Required” and amended 6-27-2022 by O-21467 N.S.; effective 7-27-2022.)

(a) The City may contract with providers to operate shared mobility devices within the City in exchange for payment of fees and costs as determined in the contract. The City reserves the right to adjust the number of shared mobility devices deployed in the City by a provider when state or local regulation dictate or the City’s needs and demands are determined for specific devices (e.g. cargo bikes, adaptive scooters, etc.).

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(b) A provider shall:

(1) provide to the City the provider’s name and business address, and the
name of the natural person or natural persons who will serve as a local
point of contact for the provider for retrieval of any shared mobility
device as required by this Division;

(2) identify in writing the quantity and type of all shared mobility devices
in the provider’s fleet;

(3) provide to the City proof of a valid Business Tax Certificate issued in
accordance with Chapter 3, Article 1 of this Code;

(4) provide to the City proof of insurance naming the City of San Diego as
an additional insured in the form and amounts established by the City
Manager and consistent with California Civil Code section 2505(b);

(5) ensure that the shared mobility devices in the provider’s fleet comply
with applicable federal and state laws with respect to their design and
operation and that the shared mobility devices are maintained in good
working order consistent with industry standards;

(6) label each electric scooter or motorized scooter in the provider’s fleet
with a statement that is clearly visible and in at least 40-point font that
reads “Riding and parking on sidewalks is prohibited. One person
allowed per device.”

(7) label each electric scooter or motorized scooter in the provider’s fleet
to state any minimum age requirements adopted by the provider, and
to display a device identification number on both sides of the device’s
stem that is four to six digits in length in at least 88-point font.

(8) ensure that the provider’s user interface provides accurate information about Vehicle Code requirements, including state licensing requirements, applicable to the operation of a shared mobility device and that the provider will not accept the license of a person under the provider’s adopted age requirements as valid identification to operate a shared mobility device;

(9) employ a user interface that requires users to upload a valid driver’s
license at least every three months to demonstrate compliance with
applicable state laws as well as the provider’s adopted age
requirements for operating a shared mobility device;

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(10) employ a user interface that prevents the simultaneous operation of
more than one shared mobility device per valid user identification;

(11) establish an application program interface or other automated
mechanism that allows the provider to share and integrate its data as
required in this Division;

(12) collect data during their operations within the City for all shared
mobility devices in the provider’s fleet, as required by this Division
and as further described in the contract documents prepared by the
City Manager;

(13) submit a performance bond or similar security, acceptable to the City
Manager, based on the number of shared mobility devices in the
provider’s fleet and guaranteeing that the provider will remove all its
shared mobility devices from the City if the provider’s contract is
terminated or expires, in an amount that the City Manager determines
is sufficient to cover the cost for the City to collect and dispose of the
provider’s fleet;

(14) share specified data as described in the contract with the City, the San
Diego Association of Governments, and any third-party contractor of
the City through an application program interface or similar
technology;

(15) indemnify, defend, and hold the City harmless from claims and damages arising out of or related to the provider’s activities under the contract or the operation of its business in the City;

(16) notify users on its user platform and website of the information
required by section 83.0305(b)(6);

(17) utilize in-application enforcement measures to identify negative
shared mobility device user behavior patterns and hold users
accountable for such behavior through a system of fines and
termination of user privileges; and

(18) submit any other information required by the City Manager, as
permitted by law.

(c) The City Manager may make other rules and regulations reasonably necessary
to implement this Division.

(“Application for Permit” added 5-17-2019 by O-21070 N.S.; effective 6-16-2019.)
(Retitled from “Application for Permit” to “Provider Requirements” and amended
6-27-2022 by O-21467 N.S.; effective 7-27-2022.)

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(a) The contract shall obligate providers to:

(1) identify the types of shared mobility devices the provider is authorized
to deploy;

(2) identify the quantity of each type of shared mobility device permitted
in the provider’s fleet.
(“Terms and Issuance of Permits” added 5-17-2019 by O-21070 N.S.; effective
6-16-2019.)
(Retitled from “Terms and Issuance of Permits” to “Terms and Issuance of
Contracts” and amended 6-27-2022 by O-21467 N.S.; effective 7-27-2022.)

Providers selected to enter into a contract with the City must pay an Annual Operator Fee in full to the City at the time of execution of the contract. If a contract allows for additional yearly terms, then the Annual Operator Fee must be paid in full 30 days prior to the start of the next additional yearly term. Additionally, the City will invoice providers for a daily Device Fee, for each shared mobility device deployed, as well as a per device Climate Equity Fee. The City will invoice providers for these fees monthly and providers must pay these fees within 30 days of issuance of the invoice. (“Permit Fees” added 5-17-2019 by O-21070 N.S.; effective 6-16-2019.) (Retitled from “Permit Fees” to “Provider Fees” and amended 6-27-2022 by O-21467 N.S.; effective 7-27-2022.)

(a) Through geofencing or similar technology, a provider shall reduce the speed of any motorized scooters and motorized bicycles in the provider’s fleet to eight miles per hour or less at the following locations:

(1) on the public walkways within Balboa Park;

(2) on the public walkways within Liberty Station NTC Park; and

(3) on the public walkways within Spanish Landing Park and Trail.

(b) Through geofencing or similar technology, a provider shall prevent any
motorized scooters and motorized bicycles in the provider’s fleet from being
locked, parked, or ending a ride, and shall reduce the speed of its motorized
scooters and motorized bicycles to eight miles per hour on the public
right-of-way within the Petco Ballpark Zone, as defined in Chapter 8,
Article 3, Division 1 of this Code.

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(c) To effectuate the ban on the operation of motorized transportation devices on
the City’s boardwalks and baywalks pursuant to section 84.18, a provider
shall, through geofencing or similar technology, prevent any motorized
scooters and motorized bicycles in the provider’s fleet from being locked,
parked, or ending a ride, and shall reduce the speed of any motorized scooters
and motorized bicycles in its fleet to a maximum of three miles per hour at the
following locations:

(1) Martin Luther King Promenade, as defined in Chapter 8, Article 3,
Division 1 of this Code;

(2) North and South Embarcadero pedestrian walk;

(3) The pedestrian area on West Date Street east of India Street and west
of Columbia Street, known as the Piazza della Famiglia;

(4) on the public walkway on Ocean Front Walk in Mission Beach,
beginning at the South Mission Beach Jetty northward to the terminus
of the public walkway at Ocean Boulevard at Law Street in Pacific
Beach;

(5) on the public walkway on the west side of Mission Bay Park from San
Diego Place (adjacent to the South Mission Beach Jetty) to Corona
Oriente Road (terminus of Crown Point Park), known as Bayside
Walk;

(6) on the public walkway on the east side of Mission Bay Park from De Anza Road southward to the South Shores Boat Launch and Park;

(7) on the boardwalk from Avenida De La Playa (adjacent to La Jolla
Shores) north to the terminus of La Jolla Shores Park at its northeast
corner.

(8) on the public walkway on the westerly and northerly side of Ellen
Browning Scripps Park, from Ocean Street to Coast Boulevard; and

(9) the pedestrian area adjacent to the Children’s Pool in La Jolla, known
as the Children's Pool Plaza.

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(d) Through geofencing or similar technology, a provider shall prevent any
motorized scooters and motorized bicycles in the provider’s fleet from being
operated, locked, parked, or ending a ride on a City sidewalk, except for
shared use bikes or e-bikes that can lock to existing City bike racks. Providers
shall reduce the speed of any motorized scooters and motorized bicycles in its
fleet to three miles per hour on all City sidewalks, once such technology is
commercially available and has been demonstrated by a provider that it can be
implemented safely and effectively across its entire fleet. This speed reduction
is intended to effectuate the prohibition of operating shared mobility devices
on the sidewalks.

(e) The City Manager may adopt additional locations subject to geofencing or
similar technology consistent with section 83.0308(a), section 83.0308(b), or
section 83.0308(c).

(f) The City Manager may require providers to temporarily lock down and
prevent the operation of shared mobility devices in a specific area using
geofencing or similar technology during an emergency situation or within the
perimeter of a permitted Special Event, as defined in Chapter 2, Article 2,
Division 40 of this Code, when necessary to maintain public health and safety.

(g) When a rider operates a shared mobility device in the provider’s fleet within a
location subject to geofencing, the provider shall notify the rider of the reduced
speed limit and any other applicable conditions of this section.

(h) In instances where a geofencing zone overlays a Class IV protected bike lane or a Class II bike lane as defined in Section 890.4 of the California Street and Highways Code, the City Manager may exempt the protected bike lane from geofencing speed restrictions.

(i) Providers shall prevent shared mobility devices from being reserved or
otherwise activated for rider use between the hours of 12:00 a.m. and
2:30 a.m.
(“Geofencing Speed and Operating Restrictions” added 5-17-2019 by O-21070 N.S.;
effective 6-16-2019.)
(Amended 1-30-2020 by O-21170 N.S.; effective 2-29-2020.)
(Amended 6-27-2022 by O-21467 N.S.; effective 7-27-2022.)

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(a) Providers shall provide anonymized trip and device status data in the most current released version of the General Bikeshare Feed Specification (GBFS) and Mobility Data Specification (MDS) formats through an Application Program Interface (API) made available to the City Manager, the San Diego Association of Governments, and the authorized third-party data aggregator contractor of the City.

(b) Providers shall provide anonymized historical trip data via MDS format using
the provider API. Providers shall provide real-time device or historical device
status only via GBFS API or MDS using the provider API.

(c) Providers shall anonymize all data shared with the City, the San Diego
Association of Governments, or any authorized third-party contractor of the
City.

(d) Providers shall comply with all applicable federal, state, and local data
privacy laws.
(“Data Sharing” added 5-17-2019 by O-21070 N.S.; effective 6-16-2019.)
(Amended 6-27-2022 by O-21467 N.S.; effective 7-27-2022.)

(a) Shared mobility devices shall not be parked, staged, offered, or made available for rent by a provider:

(1) in violation of this Division or the Vehicle Code;

(2) in quantities greater than four shared mobility devices, per provider,
per on-street corral;

(3) outside of a corral, except for shared use bikes or e-bikes that can lock
to existing City bike racks;

(4) on City sidewalks;

(5) in Disabled Persons Parking Zones;

(6) within six feet in any direction of any sign marking a designated bus
stop or trolley stop or within six feet in any direction of any transit
shelter, bench, or information kiosk associated with the bus stop or
trolley stop, within a bus stop pad, or where any shared mobility
device deployment may impact a bus stopping, on-boarding, or off-
boarding;

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(7) within the locations identified in Section 83.0308(c);

(8) in a manner that blocks the flow of storm water to a drain or damages
landscaping.

(b) Every provider is subject to all applicable parking provisions of the Vehicle
Code and the San Diego Municipal Code.

(c) Providers that park, stage, offer or make available for rent shared mobility
devices shall place their shared mobility devices in such a way that maintains
a clear and continuous 48-inch wide pedestrian path of travel. The clear path
of travel must not be impeded by any part of a shared mobility device,
including any handle bars, wheels, and kickstand. Providers shall ensure that
their placement of shared mobility devices complies with all federal, state and
local laws related to disability access, including but not limited to the
Americans with Disabilities Act.
(“Staging of Shared Mobility Devices” added 5-17-2019 by O-21070 N.S.; effective
6-16-2019.)
(Amended 6-27-2022 by O-21467 N.S.; effective 7-27-2022.)

(a) Within one hour of notice from the City, a provider shall retrieve its shared mobility device that is in any of the following conditions:

(1) inoperable or not safe to operate and parked on a City street, sidewalk,
or other City property;

(2) parked, displayed, offered, or made available for rent in violation of
this Division or the Vehicle Code; or

(3) parked on a City street, sidewalk, or other City property in a manner
that prevents a reasonable person from safely renting or operating the
shared mobility device.

(b) Only the City and its authorized agents may impound a shared mobility device
located on City right-of-way. In such circumstances, the City or its authorized
agent may impound a shared mobility device that is:

(1) not retrieved within one hour of notice to the provider pursuant to
section 83.0311(a); or

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(2) in a condition or parked in manner that, in the City’s opinion, poses an
imminent life safety hazard, meaning any condition which creates a
present, extreme, and immediate danger to life, property, health or
public safety, as defined in Chapter 1 of this Code. Shared mobility
devices that are blocking an accessible path of travel or ramp,
vehicular travel lane, or transit travel lane in the City right-of-way may
be an imminent life safety hazard. Impound of a shared mobility device
that poses an imminent life safety hazard may be immediate and notice
shall not be required.

(3) non-operational and is left in the City right-of-way for more than
24 hours.

(c) Providers shall bear the cost of the City’s enforcement, investigation, storage,
and impound through fees charged on any impounded shared mobility device,
in accordance with a fee schedule established by resolution of the City
Council and filed in the Office of the City Clerk.

(d) Providers are required to retrieve any shared mobility device impounded by the City or its authorized agent within 10 days of the impound. No provider may retrieve an impounded shared mobility device without first demonstrating proof of ownership and payment of the applicable impound fees. Acceptable forms of proof of ownership are:

(1) Written authorization on the provider’s letterhead signed by an
authorized representative of the provider, which allows release of the
shared mobility device to the named agent or employee bearing the
authorization; or

(2) A bill of sale that includes the shared mobility device’s serial number
or other information specific to that shared mobility device.
(Retrieval and Impoundment of Shared Mobility Devices” added 5-17-2019 by
O-21070 N.S.; effective 6-16-2019.)
(Amended 6-27-2022 by O-21467 N.S.; effective 7-27-2022.)

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(a) It is unlawful for any person or business who is not a member of law enforcement, a City employee, or a City-contracted enforcement agent to impound a shared mobility device that is parked, standing, or otherwise placed in the public right-of-way or on City-owned property.

(b) Any impounding of shared mobility devices from private property is governed
by the Vehicle Code.
(“Unauthorized Impounding of Shared Mobility Devices” added 6-27-2022 by
O-21467 N.S.; effective 7-27-2022. Former Section 83.0312 “Revocation of Permit”
renumbered to Section 83.0313 and retitled to “Penalties and Violations.”)

In addition to the remedies provided in Chapter 1 of this Code, the City Manager may, in accordance with a fee schedule established by resolution of the City Council and filed in the Office of the City Clerk, assess monetary penalties against any provider who, after receiving notice from the City, violates sections 83.0308 or 83.0310. (“Revocation of Permit” added 5-17-2019 by O-21070 N.S.; effective 6-16-2019.) (“Revocation of Permit” renumbered from former Section 83.0312 to Section 83.0313, retitled to “Penalties and Violations” and amended 6-27-2022 by O-21467 N.S.; effective 7-27-2022.)

Within ten business days of the termination or expiration of a provider’s contract, the provider shall remove its fleet from operation within the City and shall retrieve any shared mobility devices impounded by the City. If the provider fails to remove or retrieve any of its shared mobility devices, the City may remove and dispose of the shared mobility devices at the provider’s cost. (“Removal of Fleet Upon Permit Termination or Expiration” added 5-17-2019 by O-21070 N.S.; effective 6-16-2019.) (“Removal of Fleet Upon Permit Termination or Expiration” renumbered from former Section 83.0313 to Section 83.0314, retitled to “Removal of Fleet Upon Contract Termination or Expiration,” and amended 6-27-2022 by O-21467 N.S.; effective 7-27-2022.)

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Article 3: Alternative Transportation