Fort Walton Beach Ordinance — 2204-Amending Sections Related to Micromobility Devices — reading text

the City. 6) Business operators must have the ability to remotely lock -down individual micromobility devices ( e. g. when they are deemed/reported unsafe). b) All business operators permitted pursuant to this program shall provide a mechanism for users to notify the business operator of any safety or maintenance issues with the micromobility devices. c) All business operators shall provide visible language that notifies the user: 1) That a micromobility device shall not be operated in a way that violates federal, state, or local law. 2) That a micromobility device may 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. d) All permitted business operators shall have a minimum of one million dollars 1, 000, 000. 00) in 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 business operator' s insurance shall be primary for any liability arising out of its business 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. A business operator shall notify the City of Fort Walton Beach Growth Management Department of any modification, amendment, cancellation or substitution of any insurance policy required under this section within fourteen ( 14) days of the date of the notice to the business operator of such modification, amendment, cancellation or substitution. If the policy of insurance required by this subsection lapses for any reason the business operator's permit shall become void. e) Business operators shall include in their agreements with users a term that users must agree to as a prerequisite to the use of the business 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 business operator's micromobility device and that the user assumes all risks associated with operating the micromobility device in the City f) Business Operators shall agree that the City is not responsible for educating users on how to ride or operate a micromobility device. g) Business 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. h) All micromobility devices shall include on -board GPS to ensure a business operator's ability to locate and retrieve them as needed. Lbrm 0 .  IM, JWM1 HN RZZVrMl "U,t 7. Street fumitefe that requires pedestfi, aceess -(e.g. befirshes, parking - pay stations, bus shelters, ete.)-. 8. C-ufb ramps, er-esswa4ks, or-driveways.  RFElT.' JiS. MINN.W11 Any mn bilit . .iiirip per4y pzafked or- ether wise - in violation of this son+i.,,, ffiay be r-etnoved by the City, its its eontfaeter- s . The eper- ator-will be responsible all 11. 14.0307 Operations of Dockless Small Vehicle Share Systems. a) All business operators shall have a staffed operations center within the boundaries of the city of Fort Walton Beach. b) All business 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 business operator's micromobility devices, signage and other equipment. c) All business 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) Business 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 r-epair 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) If the City or any City department or office incurs any costs as a result of addressing or abating any business 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 business 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 a business operator's permit is terminated, business 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 business operators to comply with this ordinance, any other City ordinance, or any other law. This shall include termination of a business 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. 0) 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. 11. 14. 4908 Data Sharing. Business 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. 4409 Number of Small Vehicles allowed. a) A business operator's fleet is limited to seventy-five ( 75) micromobility devices for the first month of the approved business tax receipt. b) After the first month, a business 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, a business operator will be permitted to operate with less than but not more than the fleet size permitted for any given month. c) Business operators must demonstrate successfully meeting a minimum average utilization threshold of one ( 1) ride per day per vehicle for each type of dockless vehicle. City may require permitted business operators to reduce their fleet size on a monthly basis if business operator's provided data demonstrates its fleet is being used below the average utilization threshold. d) Business operators shall notify the City if they plan to change their fleet size two 2) weeks before deployment. This notice shall include the additional program administrative fee for the expanded fleet and documentation of their updated performance bond. Exeept as etherwise - specked by this- a# ieleor statelav, +he Pe da r ei# s and 1) Fa- ., per-sonunder- sixteen ( 16) yeafs of ane to ,. a Ae ., ab.; lit-y d tmiess at all times when se engaged the pffson wears a pr-oteetive bic-yele helmet of goo 1 1 t• the head fastened7 . evciivrỳ-upvrrcn rcrrcvrroa- rcacr' zcrrcxic f the tL, the tiisp^ vrcrr anyper-son under- f Foo, - ( ,,,. 1_ 4) years of age ttoa fnief meb. lily deviees; and For- an, zeason, sued— atne elude g, a, eeneei%s ef , ulth le violations of this affiele, the City Couneil may at aii, time suspend or-terminate the eper-atie Safet5l in the City. ShOUld Mier-OMOW! 45' Eleviees, deekless small vehicle systems be suspended or-terminated, eper-ator-s will notbe entitled to the refund ef aay fee or-expense. SECTION 5. SEVERABILITY. In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. SECTION 6. CODIFICATION. It is the intention of the Fort Walton Beach City Council that the provisions of this Ordinance shall become a part of the City' s Code of Ordinances; and that sections of this Ordinance may be renumbered or re -lettered and the word ordinance" may be changed to " chapter", " section", " article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or re -lettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of the same with the City Clerk. SECTION 7. EFFECTIVE DATE. The provisions of this Ordinance shall take effect as provided by law immediately upon passage on second reading. z Adopted: l' ebr arU '' 4, - D.oa1c