West Sacramento Municipal Code Ch. 5.30 Micromobility Operations

The purpose of this chapter is to establish requirements applicable to micromobility businesses operating within the city. These requirements are intended to further the city's goals of encouraging active transportation and providing adequate mobility parking to meet the needs of residents while also reducing the potential for micromobility devices to block or interfere with pedestrian and emergency service use and access to all streets, sidewalks, paths, driveways, doorways, and other avenues of vehicular and pedestrian traffic.

Without regulation, micromobility businesses pose a threat to the public health, safety, and welfare. For instance, some micromobility devices can be self-locked anywhere within the city, making it difficult for the city to ensure that micromobility devices are placed safely, upright, and out of the way of pedestrian walkways, bikeways, and roadways.

The city council finds that regulations governing micromobility businesses are necessary to promote the general health, safety, and welfare of the citizens of the city by:

A. Ensuring safe operation of micromobility devices in the city;

B. Protecting the public right-of-way from uncontrolled, unmanaged encroachment;

C. Creating clear expectations for the management and operations of micromobility businesses;

D. Establishing responsible parties and processes to address nuisances; and

E. Ensuring equitable access and widespread investment in the city.

(Ord. 21-2 § 3)

As used in this chapter:

"Applicant"

means any person or entity applying for a micromobility operations permit in order to operate a micromobility business within the city.

"Bicycle rack" or "rack"

means a stationary fixture, including charging stations, intended to be used for parking a micromobility device.

"Bicycle"

means a two-wheeled device with handlebars, pedals, and a seat designed to be sat upon while riding.

"City manager"

means the city manager or designee.

"Customer"

means any person using a micromobility device.

"Electric bicycle"

means a bicycle equipped with fully operable pedals and an electric motor of less than seven hundred fifty watts.

"Motorized scooter"

means a scooter equipped with an electric motor.

"Parking space"

means any space in the public right-of-way in which a micromobility device may be parked in compliance with this chapter.

"Micromobility business"

means a business owning, managing, or making available micromobility devices for hire.

"Micromobility device"

means a device available to persons for renting on a self-service basis, including bicycles, electric bicycles, scooters, motorized scooters, and other transportation devices, excluding transportation devices that must be registered with the California Department of Motor Vehicles.

"Micromobility fleet" or "fleet"

means all micromobility devices operated by a specific micromobility business.

"Micromobility operations permit"

means a permit issued to a micromobility business pursuant to Section 5.30.110 of this chapter.

"Micromobility operator"

means a person that manages, owns, or operates a micromobility business.

"Scooter"

means a two-wheeled device with handlebars and a floorboard designed to be stood upon while riding.

(Ord. 21-2 § 3)

A. No person shall operate a micromobility business unless the person holds a valid micromobility operations permit.

B. Micromobility operations permits are not transferable.

(Ord. 21-2 § 3)

An application for a micromobility operations permit or its renewal shall be filed with the city on a form prescribed by the city manager and shall include:

A. The applicant's true name, address, and telephone number; and the true and fictitious name, address, and telephone number of the micromobility business;

B. Written evidence that the applicant is an owner or legal representative of the micromobility business;

C. The name, address, and telephone number of a local point of contact;

D. A copy of a valid business license issued to the applicant;

E. Proof of compliance with the insurance requirements set forth by the city manager;

F. A business plan demonstrating that the micromobility business will provide: (1) micromobility devices available at an hourly rate or smaller intervals clearly communicated to the customer; (2) micromobility devices on a seven day per week basis; (3) a data sharing plan to provide anonymized, aggregated data for trip records and micromobility availability to the city on a minimum of a monthly basis, including a fully executed agreement to share accurate General Bikeshare Feed Specification (GBFS) and/or Mobility Data Specification data with a third party, should the city choose to use a third party for data management and compliance monitoring; (4) an electronic payment system that complies with industry standards; (5) a service area map in an ESRI shapefile format; (6) an education and incentive plan to educate customers about all applicable safety procedures and any applicable city and state regulations; and (7) a privacy policy to safeguard customer data;

G. A maintenance and repair plan demonstrating that the micromobility business will provide: (1) routine maintenance and cleaning of micromobility devices; (2) full service maintenance for micromobility devices; and (3) a method for customers to report issues with micromobility devices, including twenty-four-hour customer service;

H. A rebalancing and relocation plan demonstrating that the micromobility business will rebalance micro-mobility devices to and from high use areas within peak operating hours and ensure compliance with issued permit;

I. A community outreach plan demonstrating that the micromobility business will educate customers and promote to city residents the safe use of, benefits of, and methods to access, micromobility devices;

J. An equity plan demonstrating the availability of its micromobility devices and a strategy to promote the use of its micromobility devices citywide among low income communities;

K. A fully executed indemnification agreement releasing the city from liability associated with the micromobility operations;

L. Such other material as the city manager may require to carry out the purposes of this chapter;

M. A nonrefundable micromobility operations permit application fee; and

N. Upon approval of a micromobility operations permit, a nonrefundable micromobility device monitoring fee for each approved micromobility device.

(Ord. 21-2 § 3)

A micromobility operations permit is valid for one year, unless suspended or revoked. A micromobility operations permit may be renewed pursuant to Section 5.30.150 of this chapter.

(Ord. 21-2 § 3)

A. The following fees are hereby established and imposed:

1. Micromobility operations permit application fee.

2. Micromobility operations permit renewal fee.

3. Micromobility device monitoring fee.

4. Micromobility device impoundment fee.

B. The amounts of the fees described in subsection A of this section shall be established by resolution of the city council.

(Ord. 21-2 § 3)

A. No micromobility operator shall expand its fleet beyond the permitted amount of micromobility devices until such expansion has been approved by the city manager.

B. An application to expand a micromobility operator's fleet shall be filed with the city on a form prescribed by the city manager.

C. Every application for expansion of a fleet shall be accompanied by a nonrefundable fleet expansion application fee and, upon the approval of the application, a micromobility device monitoring fee for each approved additional micromobility device.

D. Notwithstanding any provision to the contrary in this chapter, the city reserves the right to limit the number of micromobility devices to be operated by the micromobility business, based on the projected impact to city streets, sidewalks, paths, driveways, doorways, and other avenues of vehicular and pedestrian traffic.

(Ord. 21-2 § 3)

A micromobility operations permit is renewable upon the filing and approval of an application and payment of the nonrefundable micromobility permit renewal fee, and, upon payment of any outstanding micromobility monitoring fees from the prior operational year. The renewal application shall be on a form prescribed by the city manager.

(Ord. 21-2 § 3)

Except as provided in Section 5.30.300 of this chapter, a micromobility operations permit may be issued, renewed, or expanded by the city manager if there are no grounds for denial in accordance with Section 5.30.170 of this chapter, and after the city manager has:

A. Physically inspected the applicant's micromobility devices to ensure compliance with this chapter and applicable state laws; provided, however, that the city manager may accept proof of compliance with this chapter and the applicable state requirements for the micromobility devices in lieu of conducting an inspection; and

B. Confirmed that the micromobility business has paid the necessary fees, identified in Section 5.30.130 of this chapter.

(Ord. 21-2 § 3)

The city manager may deny a micromobility operations permit, renewal permit, or fleet expansion permit on the following grounds:

A. Application is incomplete;

B. The applicant or micromobility operator is in violation of any provision of this chapter;

C. The applicant is delinquent on any payment of money to the city, including any fees, fines, penalties, or taxes;

D. The applicant has had its micromobility operations permit revoked within five years of the date the application was submitted;

E. In the case of applications for micromobility operations permits, if the applicant's proposed operation includes equipment or practices that may pose a threat to the public health, safety, and welfare based on evidence such equipment or practices have presented a threat to public health, safety, or welfare in other markets or in the course of operations of any micromobility business in the city; or

F. In the case of renewals and fleet expansions, if the micromobility operator's continued operation or expansion includes equipment or practices that may pose a threat to the public health, safety, and welfare based on evidence such equipment or practices have presented a threat to public health, safety, or welfare in other markets or in the course of operations of any micromobility business in the city.

G. In the case of renewals and fleet expansions, any grounds that would have been sufficient to merit revocation of the micromobility operator's micromobility operations permit regardless of whether the city pursued revocation at the time it became aware of such grounds.

(Ord. 21-2 § 3)

Micromobility businesses may provide and maintain micromobility parking spaces. The installation of micromobility parking spaces in the public right-of-way is subject to city approval of locations and encroachment permit requirements.

(Ord. 21-2 § 3)

A micromobility business shall, within two hours of notice, retrieve its micromobility device(s) in any of the following conditions:

A. Inoperable or not safe to operate, and parked in the public right-of-way;

B. Not parked at a bicycle rack or in a designated micromobility parking space in an upright position;

C. Operating with a battery or motor determined to be unsafe for public use; or

D. Parked in violation of Section 10.34.030 of this chapter.

(Ord. 21-2 § 3)

Every micromobility device provided by a micromobility business must meet the following minimum requirements:

A. Comply with the California Vehicle Code and any other applicable laws and regulations;

B. Be equipped with software or other mechanisms to prevent the motor from providing assistance when the device speed exceeds fifteen miles per hour;

C. Be constructed with high quality, sturdy materials, in compliance with requirements of the United States Consumer Product Safety Commission and be capable of withstanding the rigors of outdoor storage and constant use for five years or more;

D. Be equipped with tamper-resistant hardware, a locking mechanism, and GPS capable of providing real-time location data; and

E. Bear permanent markings in a visible location identifying the micromobility business name and telephone number and the micromobility device's unique identification number.

(Ord. 21-2 § 3)

The city manager may suspend, revoke, or modify any micromobility business permit issued pursuant to this chapter on any of the following grounds:

A. The operation of the micromobility business constitutes a nuisance, or is injurious to the public, health, safety, or welfare;

B. The operation of the micromobility business violates any condition of the permit or city approved application and plans;

C. The micromobility business fails to pay any fines, penalties, fees or damages lawfully assessed upon it;

D. The micromobility business violates any provision of this chapter or any other applicable law;

E. The micromobility business fails to collect its micromobility device from the city within thirty calendar days of receiving written notice from the city of impoundment pursuant to Section 5.30.400 of this chapter; or

F. Circumstances that would have been grounds for denial of the permit application.

(Ord. 21-2 § 3)

Any applicant or micromobility operator aggrieved by the decision of the city manager, to deny, suspend, modify, or revoke a permit or impose conditions on the permit, may appeal the decision in accordance with the provisions in Chapters 1.08 and 5.04 of the city's municipal code.

(Ord. 21-2 § 3)

A. The city may impound a micromobility device that is being operated or found in the city in violation of this chapter.

B. The micromobility business shall reimburse the city for the costs of impoundment and storage within thirty calendar days from the date of written notice of the impoundment from the city. The costs of impoundment will be based on the hourly rate of the city employees, or the fees of city contractors, responsible for impounding the micromobility device.

(Ord. 21-2 § 3)

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 penalties pursuant to Chapter 1.12 of this code.

B. Violations of this chapter are hereby declared to be a public nuisance.

C. All remedies prescribed under this chapter 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 chapter.

(Ord. 21-2 § 3)

Customers shall use micromobility devices in accordance with Chapter 10.34 of this code, the California Vehicle Code, and any other applicable law or regulation. The micromobility business shall be responsible for any penalty imposed in accordance with Chapter 10.34 of this code.

(Ord. 21-2 § 3)

The city manager is authorized to adopt regulations to implement the provisions of this chapter.

(Ord. 21-2 § 3)