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HomeMy WebLinkAbout962 - OrdinanceORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING AND REPLACING CHAPTER 10.80 OF THE MUNICIPAL CODE TO ESTABLISH A PILOT PROGRAM FOR SHARED MOBILITY DEVICES FOR USE IN SPECIFIC AREAS OF THE CITY WHEREAS, the City of Rancho Cucamonga (City) is committed to the long-range goal of supporting environmental sustainability efforts, advancing economic development and improving overall health and quality of life; and WHEREAS, on April 5, 2017 the City Council unanimously approved the Sustainable Community Action Plan (Plan), which identifies goals and policies that are evaluated based on their health, economic and sustainability benefits, and establishes a number of strategies to achieve greenhouse gas (GHG) emissions reduction goals and targets, including facilitating safe, convenient and affordable alternative transportation options; and WHEREAS, among various other goals, the Plan supports the reduction of vehicle miles travelled by supporting bike sharing and other potential shared mobility alternatives for the community; and WHEREAS, the City must also balance the benefits of shared mobility alternatives with its obligation to protect the City as well as protect the health, safety and welfare of those who may use or may be impacted by the use of these shared mobility alternatives on City streets, roads, sidewalks, facilities and other public rights of way. This includes, but is not limited to, City obligations to manage City risks arising from these mobility alternatives, to ensure compliance with disability regulations, to maintain minimum widths for pedestrian usability in City business and commercial corridors, and to overall preserve a safe, accessible and healthy transportation and pedestrian environment within the City; and WHEREAS, the City has concluded that there is a need to appropriately assess and manage the safe and efficient operation of the evolving mobility device business within the City; and WHEREAS, on March 20, 2019 the City Council unanimously approved Ordinance No. 945 to temporarily prohibit shared mobility devices from being placed in the public right- of-way or offered for use anywhere in the City in order to be able to explore regulatory options to introduce shared mobility devices as a transportation option for City residents in as safe and controlled a manner as possible; and WHEREAS, the City has completed the exploration of regulatory options and now seeks to create a shared mobility device pilot program that will improve access to mobility options for residents, employees, and visitors to Rancho Cucamonga, create new and Ordinance No. 962 - Page 1 of 8 diverse mobility options, ensure safety by reducing sidewalk and pathway impediments, facilitate access for disabled individuals, educate users about the proper rules and etiquette, create a legal and enforceable framework for managing shared mobility in the public right-of-way, and build good working partnerships with shared mobility service providers; and WHEREAS, a pilot shared mobility program would establish minimum operating requirements in the categories of maintenance, education, safety, customer service, data sharing, and insurance/indemnification and also identify a broader list of recommended program components through which the Operator can be evaluated during the pilot term; and WHEREAS, a pilot shared mobility program would be established to inform the content of future operating requirements and program components, and to provide flexibility during the pilot program duration through the Administrative Regulations; and WHEREAS, the City repeals and replaces Chapter 10.80 to establish a pilot shared mobility program; and WHEREAS, the City Council directs the City Manager or designee to monitor and assess the overall performance of the pilot program and provide City Council with a report approximately one (1) year after initial deployment of licensed shared mobility devices under the pilot program, including but not limited to, recommendations whether to maintain, modify, eliminate or expand the program. The report shall also address and recommend revisions to this Ordinance, if applicable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 10.80 ("SHARED MOBILITY DEVICES") of Title 10 ("VEHICLES AND TRAFFIC') of the Rancho Cucamonga Municipal Code is repealed and replaced to read as follows: "Chapter 10.80: SHARED MOBILITY DEVICES Section 10.80.010: Purpose. Section 10.80.020: Definitions. Section 10.80.030: Administrative Regulations. Section 10.80.040: Prohibited Conduct. Section 10.80.050: Shared Mobility Pilot Program Operator License. Section 10.80.060: Share Mobility Operator Fees and Requirements. Section 10.80.070: Operator Indemnity and Insurance Requirements. Section 10.80.080: Grounds for Termination, Revocation or Suspension of Operator License. Section 10.80.090: Impoundment of Devices. Section 10.80.100: Enforcement. Ordinance No. 962 - Page 2 of 8 10.80.010. Purpose. Consistent with the City's goals of enhancing mobility and access, easing traffic congestion, promoting sustainability and achieving goals outlined in the Sustainable Community Action Plan, this Chapter initiates a Shared Mobility Pilot Program to evaluate the impact of share 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. 10.80.020. Definitions. A. "Abandon(ed)" shall mean leaving any item unattended for any length of time. B. "City Manager" shall mean the City Manager of his/her designee. C. "Operator" shall mean the person or business entity licensed by the City to operate the Shared Mobility Pilot Program pursuant to this Chapter. D. "Shared Mobility Pilot Program" shall mean a pilot program establishing a licensee(s) under a license agreement to rent, use, locate, display, offer or place for rent shared mobility devices within City boundaries. E. "Shared Mobility Device" means any wheeled device, other than an automobile or motorcycle, that is accessed via an on -demand portal, whether a smartphone application, membership card, or similar method; is operated by a private entity that owns, manages, and maintains devices for shared use by members of the public; and is available to members of the public in unstaffed locations. F. "Public Area" shall mean any outdoor area, public alley, parkway, public transportation path, roadway, sidewalk, trail, paseo, pathway or street that is owned, granted by easement, operated or controlled by the City. 10.80.030. Administrative Regulations. A. The City may adopt administrative regulations to implement the provisions of this Chapter, including, but not limited to, permit application procedures and permit standards, which may include regulations relating to lawful conduct, insurance, indemnification, public safety, data sharing, data privacy, and/or the timely removal of hazards. B. No person shall fail to comply with the City's administrative regulations. Any violation of any administrative regulation issued pursuant to this Section shall constitute a violation of this Code and shall subject the violator to the penalties set forth in this Chapter. 10.80.040. Prohibited Conduct. Ordinance No. 962 - Page 3 of 8 Notwithstanding any other provision of this Code, no person shall: A. Display, offer or make available for rent any shared mobility device within the City, unless the person has first obtained: (1) a valid shared mobility operator permit; and (2) a business license issued in accordance with Title 5, Chapter 5.04 of this Code; and (3) insurance and indemnification naming the City as required by the shared mobility operator permit. B. Abandon a shared mobility device not authorized by this Chapter in the public right-of-way or a public area in such a way that the device is available for rent: and C. Abandon a shared mobility device in the public right-of-way or a public area in a manner that: (1) obstructs travel upon or blocks access to a public right-of- way; (2) poses an immediate public safety hazard; or (3) is otherwise prohibited by applicable laws or administrative regulations. D. Violations of this chapter shall be punishable as provided for in Title 1, Chapter 1.12 of this Code. E. This Ordinance is not intended to prohibit or limit the lawful private non- commercial use, ownership or operation of a mobility device within City limits. 10.80.050. Shared Mobility Pilot Program Operator License. A. Under this Shared Mobility Pilot Program, the City Manager or his/her designee is authorized to select one or more Operators to deploy shared mobility devices within designated City locations. B. The City Manager or his/her designee may establish the number, location, and technical requirements of the Shared Mobility Pilot Program. C. Before shared mobility devices can be deployed the Operator must execute a License Agreement in final form approved by City Council, comply with all license agreement conditions, provide evidence of insurance as required by this Chapter and license agreement and obtain a City business license. D. At any time, in the City Council's discretion, the City Council may reassess the approved Operator license agreement(s) and its terms, consistent with the approved License Agreement. 10.80.060. Share Mobility Operator Fees and Requirements. A. The City Council may establish license agreement fees and charges by resolution, which shall defray the City's costs in administering and enforcing the provisions of this Chapter; and reflect charges associated with use of public property pursuant to this Chapter. Ordinance No. 962 - Page 4 of 8 10.80.070. Operator Indemnity and Insurance Requirements. To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to having issued a Shared Mobility Pilot Program Operator license or otherwise approving the operation of any shared mobility device. As a condition to the issuance of any shared mobility operator permit, the applicant shall be required to meet all of the following conditions: A. The Operator shall, in language approved by the City Risk Manager, agree to indemnify, defend (at Operator's sole cost and expense), and hold harmless the City, and its officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance of or decision to enter into a Shared Mobility Pilot Program Operator license agreement, the process used by the City in making its decision, any alleged violation of any Federal, State or local laws by Operator, and for any and all claims, losses, damages, injuries, liabilities or losses to any shared mobility device user or any third party, arising out of, or which are in any way related to, Operator activities and operations, including, but not limited to, under the Shared Mobility Pilot Program Operator license agreement. B. Maintain insurance coverage limits, and with conditions thereon, as determined by the City Risk Manager as necessary and appropriate, including naming City of Rancho Cucamonga as an additional insured. The Operator's insurance policy shall be endorsed to state that coverage shall not be cancelled except after thirty days' prior written notice has been given to the City. If any insurance policy issued to an Operator is cancelled for any reason, the approval license issued under this Chapter is automatically suspended and all Operator operations shall cease. In order to reinstate the license, the licensee shall provide a new certificate and policy of insurance to the City. 10.80.080. Grounds for Termination, Revocation or Suspension of Operator License. A Shared Mobility Pilot Program Operator permit may be revoked, suspended, or denied by the City Manager consistent with the terms of the license agreement approved by City Council or for violation of this Chapter. 10.80.090. Impoundment of Devices A. A shared mobility device that is displayed, offered, made available for rent, or abandoned in the public right-of-way or a public area in violation of Section 10.80.040 shall be subject to immediate impoundment by the City pursuant to the California Vehicle Code. B. The City Council may adopt impound fees by resolution, which shall reflect the City's enforcement, investigation, administration, storage and impound costs. Ordinance No. 962 - Page 5 of 8 C. No person shall retrieve any impounded shared consultation with City staff by appointmen applicable impound fees. 10.80.100. Enforcement t A. Peace Officers, Traffic Control Officers, Parking Enforcement Officers, Community Improvement Officers, Park Rangers, Public Works Department staff members, those City officials designated by the City Manager, and any party contracted by the City to specifically impound shared mobility devices are authorized to impound any shared mobility device pursuant to the California Vehicle Code. The impound shall be subject to an impound and storage fee established by resolution of the City Council. B. Any person who violates any provision of this Chapter, shall be guilty of an infraction or a misdemeanor, which shall be punishable pursuant to Title 10, Chapter 10.12 of this Code. C. Any person who violates any provision of this Chapter, including any permit condition, shall be subject to administrative fines and administrative penalties pursuant to Title 1, Chapter 1.12 of this Code. D. 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. Section 2. CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment, because the addition of a regulated number of shared mobility devices, most if not all of which have historically been electric -powered, to City streets will not increase traffic or emissions. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(d) of the California Code of Regulations. Section 3. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 4. Publication and Certification. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and Ordinance No. 962 - Page 6 of 8 circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code and shall certify to the adoption of this Ordinance. Section 5. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31 st) day after its passage. Ordinance No. 962 - Page 7 of 8 PASSED, APPROVED, AND ADOPTED this 20th day of November, 2019. ATTEST: rnice MCReynolds�'Clerk STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 6th day of November 2019, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 20th day of November 2019. AYES: Hutchison, Kennedy, Michael, Scott and Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 21st day of November 2019, at Rancho Cucamonga, California. mice C. Reynold, Ordinance No. 962 - Page 8 of 8