Tracy Municipal Code Art. 3 General regulations

Any person, firm, or corporation desiring to make available for rent within the City of Tracy any shared mobility device shall first obtain a shared mobility device operator permit.

(Ord. No. 1314, § 2(Exh. 1), 7-20-2021)

(a) Any person or entity seeking to obtain a shared mobility device operator permit shall submit a written permit application, signed under penalty of perjury, using the form designated by the Parks and Recreation Director for that purpose.

(b) The permit shall include permit fees, which shall:

(1) Defray the City's costs in administering and enforcing the provisions of this Chapter; and

(2) Reflect charges associated with use of public property pursuant to this Chapter.

(c) The permit application fee shall be five hundred dollars ($500.00) per application (non-refundable), plus a program fee of ten cents ($0.10) per ride transaction. These fees will defray the City's costs in administering and enforcing the provisions of the Chapter, as well as charges related to the use of public property.

(d) The Parks and Recreation Director, or designee, may specify the information that must be provided in connection with an application and the form in which the information is to be provided. The application shall contain, at a minimum, the following:

(1) The applicant's true name, address, and telephone number; the true and fictitious name, address, and telephone of the shared mobility device provider; and written evidence that the applicant is an owner or legal representative of the shared mobility device provider;

(2) Information sufficient to show that the applicant is financially, technically, and legally qualified to operate and maintain a shared mobility device system;

(3) A description of the proposed plan of operation, including, at a minimum, a detailed description of:

(i) A summary of the applicant's current operations in similar jurisdictions, including confirming the applicant has a permit to operate where required for such jurisdictions,

(ii) The applicant's proposed operations in the City including the maximum number of shared mobility devices anticipated, the plan for deployment of shared mobility devices within the City, the plan for shared mobility device maintenance, levels of staff for operations and administration, and the plan for customer service,

(iii) The applicant's regulatory compliance program, including but not limited to, authorized representative that will serve as City's local point of contact 24 hours/7 days a week,

(iv) The applicant's history of, intent to, and ability to comply with, State and local law such as public outreach efforts and signage,

(v) The applicant's plans to implement safety programs, including, for example, a program by which the applicant will receive information about and notify users of inappropriate use,

(vi) The applicant's plans to educate users of shared mobility devices about applicable California Vehicle Code provisions, local laws, and other applicable laws, regulations, and guidelines,

(vii) The applicant's plans to comply with applicable Federal, State, and local data privacy laws and otherwise to protect the privacy of personal information provided by users,

(viii) Plans for sharing of anonymized trip data with the City through an application program interface (API), General Bikeshare Feed Specifications (GBFS), Mobility Data Specifications (MDS), or similar technology,

(ix) Proof of insurance naming the City of Tracy as an additional insured, including an additional insured endorsement, in amounts established by the City's Risk Manager and in accordance with applicable state laws,

(x) Any other requirements set forth by the Parks and Recreation Director.

(e) A completed shared mobility device permit shall include, at a minimum, the following:

(1) The types of shared mobility devices the operator is authorized to deploy,

(2) The maximum number of each type of shared mobility devices permitted in the operator's fleet as determined by the City,

(3) Locations identified where an operator shall use geofencing or similar technology to reduce the speed of the operator's shared mobility devices,

(4) Locations identified where an operator shall use geofencing or similar technology to prevent users from ending a ride, without express written permission from the property owner to the operator.

(5) Specific labelling of each shared mobility device in letters at least 1" tall that reads "RIDING ON SIDEWALKS IS PROHIBITED BY STATE LAW."

(6) The non-refundable shared mobility device permit fee.

(7) Provision for the shared mobility device operator to accept cash payment for ride credits.

(8) Provision to create a discount program for qualified low-income individuals.

(9) Ability to require proof of a driver's license or permit to unlock and use the device as required the California Vehicle Code.

(10) An indemnification provision, approved by the City's Risk Manager, that states that the operator shall indemnify, defend, and hold harmless the City and its officers, officials, employees, representatives, and agency from any and all claims, closes, damages, injuries liabilities or losses which arise out of, or which are in any way related to, the City's issuance of the permit, and for any and all claims, losses, damages, injuries, liabilities or losses to any user or any third party, arising out of or which are in any way related to operator's activities and operations including but not limited to said activities and operations under the permit.

(f) The Parks and Recreation Director shall issue a non-transferable permit upon the operator's payment of fees required and the Parks and Recreation Director's determination that the operator's permit application is complete.

(g) Permits shall be effective upon signature by the operator and valid until June 30, 2022 unless otherwise extended or terminated earlier by the City.

(h) The Parks and Recreation Director shall adopt a process to renew permit agreements.

(Ord. No. 1314, § 2(Exh. 1), 7-20-2021)

(a) A shared mobility device displayed, offered, or made available for rent, or left, in the public right-of-way or a public area in violation of this Chapter, shall be subject to immediate impoundment by the City.

(b) A shared mobility device displayed, offered, or made available for rent absent a permit is subject to immediate removal.

(c) Within three hours of notice from the City, an operator shall retrieve its shared mobility device that has been maintained or parked in violation of this Code, California Vehicle Code, or the permit.

(d) If a shared mobility device is materially blocking the public right-of-way or ADA path of travel, the device may be removed immediately by City staff and impounded at operator's expense including the payment of an impoundment and storage fee, as established by Council resolution.

(e) Any shared mobility device not retrieved from impound for more than thirty (30) calendar days may, at the Parks and Recreation Director's discretion, be repurposed, recycled, destroyed, or auctioned in accordance with applicable state law.

(Ord. No. 1314, § 2(Exh. 1), 7-20-2021)

(a) Any person who violates any provision of this Chapter shall be guilty of an infraction.

(b) Violations of this Chapter are hereby declared a public nuisance.

(Ord. No. 1314, § 2(Exh. 1), 7-20-2021)

The Parks and Recreation Director may require operators, through geofencing or similar technology to temporarily disable shared mobility devices in a specific area during an emergency or within the perimeter of a permitted special event as defined in Chapter 4.40 of this code.

(Ord. No. 1314, § 2(Exh. 1), 7-20-2021)

The Parks and Recreation Director may revoke an operator's permit if the operator violates any provision of this code or the terms of their permit agreement. If the City revokes an operator's permit, the operator may be required to wait at least six (6) months from the date the permit was revoked before applying for a new permit.

(a) Within ten (10) calendar days of the termination or expiration of an operator's permit, the operator shall remove its fleet from operation with the City and shall retrieve any shared mobility devices impounded by the City. If the operator fails to comply, the City may remove and dispose of shared mobility devices at the operator's cost.

(b) The Parks and Recreation Director's decision to revoke a permit shall be appealable to the City Manager in accordance with Section 1.12.010 of this Code. The City Manager's decision shall be final.

(Ord. No. 1314, § 2(Exh. 1), 7-20-2021)

Any permit issued pursuant to this Chapter shall terminate and be of no further force or effect beyond June 30, 2022, unless otherwise extended or terminated earlier by the City Council.

(Ord. No. 1314, § 2(Exh. 1), 7-20-2021)