South El Monte Municipal Code Ch. 10.26 Pilot Bike Share Program

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

(Ord. 1238 §3, 2019)

For the purposes of this chapter, the following terms shall have the meanings assigned to them below:

"Abandoned"

means leaving any item unattended for any length of time.

"Bike"

means a pedaled bicycle that is rented, used, located, displayed, offered or placed for rent in any public area or public right-of-way by operator under the master services agreement. A bike shall meet the safety standards outlined in the International Standardization Organization (ISO) 43.150—Cycles; the standards outlined in Code of Federal Regulations Title 16, Chapter II, Subchapter C, Part 1512— Requirements for bicycles; and the standards established in California Vehicle Code (CVC) Section 21201, including for lighting during operation, or equivalent recognized standards and requirements. If powered, a shared mobility device shall be limited to "class 1" or "class 2" electric bicycles, as defined in the CVC Section 312.5.

"City manager"

means the city manager or designee.

"Master services agreement"

means that certain validly executed and current master services agreement, by and between the San Gabriel Valley Council of Governments and the operator.

"Operator"

means the person or business entity authorized by the city to operate the pilot bike share program pursuant to this chapter.

"Pilot bike share program"

means a pilot program establishing a single operator under the master services agreement to rent, use, locate, display, offer or place for rent unpowered bicycles and/or "class 1" or "class 2" electric bicycles within city boundaries.

"Prohibited mobility device"

means any device other than a bike by which a person can be transported, propelled, moved or drawn, that is rented, used, located, displayed, offered or placed for rent or use in any public area or public right-of-way, except that a prohibited mobility device does not include a rental car, taxi cab or car matched through a peer-to-peer ridesharing application.

"Public area"

means any outdoor area that is open to the public for public use, whether owned or operated by the city or a private party.

"Public right-of-way"

means any public alley, parkway, public transportation path, roadway, sidewalk, trail, pathway or other way, lane, court, public property, including, but not limited to, those private areas adjacent to public property, boulevard, or street that is owned, granted by easement, operated, or controlled, as the same now or may hereafter exist, by the city.

"Restricted areas"

means any areas within the city that has been deemed off limits to bikes, that are a part of the pilot bike share program, use and/or parking.

(Ord. 1238 §3, 2019)

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

(Ord. 1238 §3, 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 prohibited mobility device within city boundaries.

B. Abandon or temporarily park any pilot bike share program bike or prohibited mobility 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 Americans with Disabilities Act of 1990 or any other disability access and path of travel laws, requirements and/or regulations; (3) poses a public safety hazard or nuisance; or (4) is otherwise prohibited by applicable local, state or federal laws or administrative regulations.

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

D. This chapter is not intended to prohibit or limit the lawful private noncommercial use, ownership or operation of a mobility device within city limits.

(Ord. 1238 §3, 2019)

A. Under this pilot bike share program, the city manager or designee is authorized to allow a single operator to deploy bikes within designated city locations.

B. The city manager or designee may impose 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.

C. The city manager or designee may establish the number, location, technical requirements and mode(s) of pilot bike share program bikes.

D. At any time, in the city council's discretion, the city council may reassess the approved operator, consistent with the approved master services agreement.

E. Before bike deployment, the operator must execute the master services agreement in a final form, comply with all master services agreement conditions, provide evidence of insurance as required by this chapter and the master services agreement and obtain a city business license.

(Ord. 1238 §3, 2019)

A. Except for any bike authorized by the city council under a city pilot bike share program, 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 manager's discretion, be destroyed or auctioned in accordance with applicable state law.

(Ord. 1238 §3, 2019)

A. Any bike rack of other bike 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 rack or facility and mailing such a notice to the operator. 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 operator or a representative of the operator.

B. The cost of removal and/or storage by the city of any bike 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. 1238 §3, 2019)

A. Any person who violates any provision of this chapter, shall be guilty of an infraction or a misdemean-or, which shall be punishable pursuant to Chapter 1.16 of this Code.

B. Any person who violates any provision of this chapter, including any permit condition, shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.10 of this 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 a law enforcement agency, shall be ordered to reimburse the city and other participating law enforcement agencies their full investigative costs.

(Ord. 1238 §3, 2019)