Fort Walton Beach Ordinance — 2082--Motorized Scooters — reading text

not be operating on sidewalks that are solely intended for pedestrians. 3) That whenever operating a micromobility device upon a sidewalk that is not solely intended for pedestrians, the user shall yield to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. 4) That helmet use is encouraged while riding. 5) Of the 24- hour customer service phone number, providing that number prominently on the micromobility device, for users and the general public to report safety concerns, complaints or ask questions. 6) Of the micromobility device unique identifier. shall have a minimum of one million dollars ($ 1, 000,000. 00) in fill All permitted operators automobile insurance and two million dollars($ 2, 000, 000.00) in commercial general liability insurance issued by an insurance company qualified to do business in the state and naming the City of Fort Walton Beach as an additional insured. The operator's insurance shall be primary for any liability arising out of its operator or user's use of operator's small vehicle/micromobility device. Such policy shall expressly provide that it may not be canceled, except after thirty ( 30) days written notice to the City of Fort Walton Beach Growth Management Department. An operator shall notify the City of Fort Walton Beach Growth Management Department of any modification, amendment, cancellation or substitution ofany insurance policy required under this section within fourteen( 14) days of the date of the notice to the operator of such modification, amendment, cancellation or substitution. If the policy of insurance required by this subsection lapses for any reason the operator's permit shall become void. de) Operators shall include in their agreements with users a term that users must agree to as a prerequisite to the use of the operator's micromobility devices that the user fully releases and waives all liability of the City for any injury or harm the user experiences arising from the user's use of the operator's micromobility device and that the user assumes all risks associated with operating the micromobility device in the City ef) Operators shall agree that the City is not responsible for educating users on how to ride or operate a micromobility device.  g) Operators shall inform and regularly educate all users regarding all laws and regulations applicable to riding, operating and parking a micromobility device and instruct users to comply with these laws and regulations. gh) All micromobility devices shall include on-board GPS to ensure an operator's ability to locate and retrieve them as needed. 11. 14. 07 Use and Parking of Micromobility Devices. a) Micromobility devices may be operated on any part of a street or highway where bicycles are authorized to travel, including a bicycle lane or other portion of a roadway designated for exclusive use by bicyclists, the shoulder or berm, and any path or trail intended for use by bicyclists, except those areas listed below: 1) Micromobility devices are prohibited from operating at all times alongSRthe145 following roadways: US 98 ( MiracleStrip Parkway), SR 85 ( Eglin Parkway). (Perry Avenue), SR 189 ( Beal Parkway), and SR 393 ( Mary Esther Cutoff). b) Hours of operation for micromobility mobility devices: Micromobility devices may only operate between the hours of 7: 00 a. m.— 10: 00 p.m. daily. c) Operators shall inform users on how and where to properly use and park a micromobility devices and on the area of the City in which micromobility devices may be operated. Operators shall provide a mechanism for the user to acknowledge these requirements each time a micromobility device is rented. d) Any micromobility device parked in any one ( 1) location for more than two (2) consecutive days without moving may be removed as provided by this section. e) Any micromobility device parked on private property without the permission ofthe owner or occupier of the property shall be subject to immediate removal. The owner or occupier of private property desiring the removal of a micromobility device from their property may call the operator ofthe micromobility device to have the small vehicle removed from the property. Ifthe micromobility device is not removed from the property within two( 2) hours, the owner or occupier of the private property may call the Fort Walton Beach Growth Management Department to initiate the removal of the micromobility device. f) Any micromobility device shall be upright when parked. g) Micromobility devices shall not be parked in such a manner as to impede the right-of-way or impede access to the right-of-way as defined at a minimum by current Public Rights-of-Way Accessibility Guidelines (PROWAG) standards, and consistent with the following: 1) Operators shall inform users on how to park micromobility devices properly, following the requirements for parking outlined in this section. 2) Restrictions to eligible micromobility devices parking zones on sidewalks: a. Micromobility devices shall not be parked on blocks in such a way as to reduce clear passage below forty-eight ( 48) inches. b. Micromobility devices shall not be parked in locations where micromobility devices parking is determined to be prohibited by the City. parked within or obstruct: c. Micromobility devices may not be  1. Parklets. 2. Parks except next to bike racks. 3. Transit Stops. 4. Public Bike Share stations. 5. Loading Zones. 6. Disabled Parking Zone. 7. Street furniture that requires pedestrian access ( e. g. - benches, parking pay stations, bus shelters, etc.). 8. Curb ramps, crosswalks, or driveways. 9. Building entryways, including those entryways to pedestrian paths that lead to building entryways. h) All operators shall provide contact information for relocation requests on each micromobility devices. i) Whenever operating a micromobility devices upon any path or trail intended for use by bicyclists, the user shall yield to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. j) All operators shall comply with any restrictions developed by the City regarding where micromobility devices can be deployed, placed, parked, and operated. k) Only one ( 1) person shall be on a micromobility device, unless the vehicle is equipped with seating for additional users. 11. 14. 08 Removal of improperly parked Micromobility Devices. Any micromobility device improperly parked or otherwise in violation of this section, may be removed by the City, its designee, or its contractors. The operator will be responsible for all fees. 11. 14. 09 Operations of Dockless Small Vehicle Share Systems. a) All operators shall have a staffed operations center within the boundaries of the city of Fort Walton Beach. b) All operators shall have a 24-hour customer service phone number for users and others to report safety concerns, complaints or ask questions. The phone number shall be visible on all of the operator's micromobility devices, signage and other equipment. c) All operators shall provide the City with contact information, such as name, phone number, and email, of a Fort Walton Beach-based manager or operations staff available twenty-four 24) hours a day, seven( 7) days a week. The Fort Walton Beach-based manager or operations staff shall be capable of rebalancing or relocating micromobility devices and be able to respond to City requests, emergencies, and other issues at any time. d) Operators shall respond to requests for rebalancing, relocation, reports of incorrectly parked small vehicles, or reports of unsafe/ inoperable vehicles by relocating, re- parking, or removing the micromobility devices, as appropriate. Any unsafe, in- need- of-repair micromobility  devices shall be removed within two ( 2) hours, and it must be repaired before placed back onto the right-of-way or into revenue service. e) Every micromobility device shall have a unique identifier, such as a unit number, that is visible to the user on the micromobility devices. f) Ifthe City or any City department or office incurs any costs as a result of addressing or abating any operator's violation of these requirements, or incurs any costs of repair or maintenance of public property, upon receiving written notice of the costs, the permitted operator shall reimburse the City for such costs within thirty( 30) days. g) The City reserves the right to terminate micromobility devices, dockless small vehicle system permits. If an operator's permit is terminated, operator shall decommission micromobility devices fleet within thirty (30) days unless a different time period is determined by the City of Fort Walton Beach. h) The City may take any appropriate steps or assess any penalties or sanctions to compel operators to comply with this ordinance, any other City ordinance, or any other law. This shall include termination of an operator's permit. i) The City shall establish, and all operators shall comply with, procedures and protocol in the event of extreme weather, emergencies, and special events. j) The City has the power and is authorized to do all acts and things necessary or convenient to implement this ordinance, to promote and protect public safety, and to ensure the right-of- way is not impeded. k) Operators found in violations of this section shall be fined for an initial offense, and for any repeat offenses within thirty ( 30) days of the last same offense by the same operator. Fine rates shall be included in the City's Comprehensive Fee Schedule. 11. 14. 10 Data Sharing. Operators must be able to provide accurate monthly summaries to the City describing customer and staff incidents, injuries, system operation, system use, reported complaints, customer service responses, and system maintenance. Reports will be provided to the City in the format defined by the City. 11. 14. 11 Number of Small Vehicles allowed. a) An operator' s fleet is limited to seventy-five( 75) micromobility devices for the first month of the approved business tax receipt during the pilot period b) After the first month, an operator may submit a request to increase its fleet size based on demonstration of utilization rate. Fees based on new fleet size apply. During a permitted month, an operator will be permitted to operate with less than but not more than the fleet size permitted for any given month. c) Operators must