OR 2018-1498 Bike ShareORDINANCE NO. 2018-1498
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
CODE OF ORDINANCES BY AMENDING CHAPTER 6, `BUSINESS
REGULATIONS' BY ADDING A NEW ARTICLE 6-18 `BICYCLE SHARE';
TO ESTABLISH REGULATIONS AND MAKING IT UNLAWFUL TO
LEAVE, A BICYCLE, AN ELECTRIC BICYCLE, OR ELECTRIC
SCOOTER ON A STREET, SIDEWALK, RIGHT-OF-WAY, PARK OR
OTHER PUBLIC PROPERTY; PROVIDING FOR RELOCATION;
PROVIDING FOR A RELOCATION FEE; PROVIDING FOR DOCKED
BICYCLE SHARE SYSTEM AND REGULATIONS; PROVIDING FOR
ESTABLISHMENT; PROVIDING A REPEALING CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, bicycle share companies have expanded throughout major urban areas
throughout the United States to provide an alternative mode of transportation; and
WHEREAS, the proliferation of such companies and competition have led to huge stock of
dockless bicycles; and
WHEREAS, the number of bicycles left on public rights-of-way, streets, roadways, alleys
and public property have increased dramatically in the wake of its popularity; and
WHEREAS, the bicycles when left for prolonged periods of time on public property and
rights-of-way have impaired the public use of the same and pose a blight and nuisance; and
WHEREAS, the City Council has determined that regulations are necessary to address the
abandonment of such bicycle on public rights-of-way and public property; and
WHEREAS, the City Council has further determined that a docked bicycle system may be
desirable to promote community wellness and public safety.
"Chapter 6 - BUSINESS REGULATIONS
ARTICLE 6-18, BICYCLE SHARE
Sec. 6-18-1. - Definitions
Definitions of the ordinance is amended to add the following definitions:
Bicycle means a devise that a person may ride and that is propelled by human power and
has two tandem wheels at least one of which is more than 14 inches in diameter.
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Bicycle Dealer means a person, corporation, firm or business that has a fixed place of
business which has retail sale of bicycles and accessories.
Bike share system means providing bicycles for short-term rentals for point-to-point
trips where, by design of the bike share operator, the bicycles are intended to remain in the
public way when being rented and used by a customer. When not being rented by a
customer shall remain in a kiosk or station, or other authorized parking on public or private
property.
City Manager means the chief executive officer of the City as appointed in accordance
under the home rule charter.
Customer means a person that rents or uses a bicycle from a bike share operator.
Department means that department as designated by the city manager to administer the
provisions of this Article.
Docked bike share means a bicycle leased from a fixed kiosk or station and returned to
a fixed kiosk or station after use by a customer.
Docked bike share operator is any entity that owns and/or operates a docked bike share
system.
Dockless bike share bicycle means a bicycle leased by a dockless bicycle share operator
on a one time or regular basis.
Dockless bike share operator or operators means a corporation, firm, joint venture,
limited liability company, partnership, person, or other organized entity that operates a
dockless bike share system, whether for profit or not for profit, and does not include a
bicycle dealer.
Dockless bike share system means a system which provides bicycles for short- term
rentals for point-to-point trips and which may be locked and unlocked without the
requirement of a bicycle rack or other docking station.
Dockless vehicle means a bicycle, an electric bicycle, or an electric motor -assisted scooter,
pursuant to the definitions set forth in Texas Transportation Code, Sections 541-201 and
551.351, that can be located and unlocked using a smartphone app.
Electric bicycle means a bicycle that:
a) is power by an electric motor or motor assisted
b) is designed to be propelled by an electric motor, exclusively or in combination
with the application of human power.
c) cannot attain a speed or more than 20 miles per hours without the application of
human power; and
d) does not exceed a weight of 100 pounds.
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Electric Scooter means two or more wheels power by an electric motor; but does not
include an electric power device for mobility of a person with a disability.
Public right of way or right of way means a strip of land acquired by reservation,
dedication, prescription, deed or condemnation and intended to lease by the public as a
street, alley, roundabout, water, waste water and/or other public utility.
Sec. 6-18-2. — Bike Share System, Permitting
A. It shall be unlawful for a bike share operator to operate or cause to be provided
a dockless bike share system or any electric bicycle or electric scooter share
system within the City.
B. It shall be unlawful for any docked bike share operator to operate or cause to be
operated within the City without first obtaining a permit in accordance with this
Article.
C. Authorization. A docked bike share system permits for a docked bike share
operator will be reviewed and approved or denied by the Director of
Community Development or designee of the Department. Permits, upon
approval, will be issued and effective for a period of one year, subject to annual
renewal.
D. A permit is only valid for operations of the bike share system within the city. A
docked bike share operator shall not restrict use of its bike share system within
certain geographical areas of the city unless approved by the city. Permission
to operate the docked bike share system outside the public way shall require
permission of appropriate department, agency, or property owner(s); the docked
bike share operator shall have a means of communicating to the customer when
the bicycle has been operated in non -permitted areas.
Sec. 6.18.3. — Standards
A. All bicycles used in a docked bike share system shall meet the standards
outlined in the Code of Federal Regulations (CFR) under Title 16, Chapter II,
Subchapter C, Part 1512 — Requirements for Bicycles, as amended.
Additionally, permitted docked bike share operators shall meet the safety
standards outlined in ISO 43.150 — Cycles, subsection 4210, as amended.
B. All permitted docked bike share systems shall include visible language within
the docked bike share operator's mobile and web application that notifies the
customer that:
1. People on bicycles are encouraged to wear helmets.
2. People on bicycles must follow traffic laws.
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3. People using the bicycles are required to return to kiosk or station.
C. At the time of application for a permit, the docked bike share operator shall
provide proof of general commercial liability insurance in the amount of
1,000,000 of liability insurance and the docked bike share operator shall
maintain that level of insurance throughout the term of the permit.
D. The permit will include a commitment from the docked bike share operator to
defend and indemnify the city from and against all claims and liabilities that
arise from the docked bike share operator and its customer's acts or omissions
in the public way relating to the bicycles or stations that are used in the docked
bike share operator's bike share system.
E. Permitted docked bike share operators are responsible for educating customers
on how to safely ride or operate a bicycle, including knowledge of laws
applicable to riding and operating a bicycle in the city. All pricing charged to
the customer shall clearly explain structure for ride and time period as well as
fees for additional or overage periods. The maximum charge should be clearly
stated.
F. The City retains the right to limit and/or create specific locations of the kiosk
or stations where bicycles shall be parked/docked.
G. All permitted docked bike share operators shall provide, on every bicycle,
contact information of the docked bike share operator including the website and
phone number and may not include any third party.
H. All permitted docked bike share operators shall have a 24-hour customer service
phone number for customers to report safety concerns, complaints, or ask
questions. All permitted docked bike share operators shall have a staffed
operations center within 30 miles from the city.
L All docked bike share operator applicants shall state the desired maximum fleet
size in their application. Permitted docked bike share operators shall notify the
department if they plan to change their fleet size at least 15 calendar days before
deployment; and include the additional permit issuance fee for the expanded
fleet and documentation of their updated performance bond. The director shall
have the authority to limit a docked bike share operator's bike fleet numbers in
his or her reasonable discretion to protect the safety of the traveling public and
integrity of the bike share system itself and entire transportation system within
the public way in order to ensure adequate docking loads and location.
J. All permitted docked bike share operators shall keep records of maintenance
and reported collisions. Records shall be shared on a regular basis with the city
through email during intervals determined by the director and stated in the
permit.
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K. To operate in the city, a docked bike share operator shall be required to pay an
initial permit application fee and a permit issuance fee based on the number of
kiosks deployed, as represented on the master fee schedule adopted by City
Council. In subsequent years, a docked bike share operator shall be required to
pay an annual permit renewal fee. All fee amounts shall be established by
resolution of the city council.
Sec. 6.18.4. — Operation
A. It shall be unlawful for any bicycle share operator to cause, permit, suffer or allow,
park or leave any share bicycle on a public street, sidewalk, right-of-way, park, or
other public property, without permission from the City past 6:00 am of the next
day after such bicycle is left on said public property. It shall be the responsibility
of the bicycle share operator to remove the bike(s) prior to the next day. (ham
Sunday to Sunday)
B. Any bicycle share operator of the bicycle shall be responsible at all times,
regardless of the customer, for the duty, care and operation of the bicycle in
compliance with this Article.
C. Bicycles shall not be parked in a way that may impede the regular flow of travel
in the public way or otherwise cause a violation of the Code of Ordinance.
Docked bicycle share operators shall inform customers on how to park a bicycle
properly. Bicycles shall be upright when parked. Any bicycle that is parked in
violation of the permit or Code of Ordinance shall be re -parked in a correct
manner or shall be removed by the bike share operator in accordance with the
following:
1. 6 a.m. to 6 p.m. on weekdays, not including holidays — within
three hours of receiving notice from the city,
2. All other times — within 12 hours of receiving notice from the
city.
D. Any dockless vehicle subject to this Article, shall not be parked unattended
within the public right-of-way if not in active use.
E. All permitted docked bike share operators shall provide the department with a
direct contact for bicycle share operator staff capable of rebalancing bicycles
(moving bicycles from one location to another). All permitted docked bike
share operators shall relocate or rebalance bicycles daily. The City retains the
right to determine specific locations or areas for relocating or rebalancing
bicycles. Failure to properly relocate or rebalance bicycles shall be a violation
of the permit, which may result in permit revocation.
F. Any inoperable bicycle, or any bicycle subject to this Article that is not safe to
operate shall be removed from the public way kiosk or station within 24 hours
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of notice and shall be repaired before being put back into service.
G. Every bicycle shall be a unique identifier that is visible to the user on the
bicycle.
H. If the City is required to relocate or remove bicycles, electric bicycles, or
electric scooters from any location where prohibited, a relocation fee shall be
assessed. The relocation fee amount shall be established by Resolution of the
City Council.
Sec. 6.18.5. — Bond
All permitted docked bike share operators shall provide the City with a performance
bond in an amount determined by the director to be sufficient to cover the obligations of
the docked bike share operator under the permit. The form of the bond shall be approved
by the department and shall be executed by one or more surety companies legally
authorized to do business in the State of Texas. The bond shall guarantee the performance
of all the obligations of the docked bike share operator under issued permit. If a permitted
operator increases the size of their fleet, the performance bond shall be adjusted
appropriately before deploying additional bicycles.
Sec. 6.18.6. — Revocation
A. A permitted docked bike share operator shall be responsible for costs of repair
to public infrastructure damaged by use of its bicycles by its customers, and
costs incurred by the city in removing and storing bicycles that have been
improperly parked, including under the circumstances where a docked bike
share operator fails to remove bicycles in violation of its permit or in case its
permit is terminated.
B. The city reserves the right to terminate a permit and require that the entire fleet,
kiosk and station of bicycles be removed from city streets if an operator fails to
comply with its permit or violates this ordinance or otherwise violates the Code
of Ordinances.
C. A permit does not grant exclusive rights to operate a bike share system in the
city."
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
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SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional,illegal or invalid,and shall not affect the validity
of the Code of Ordinances as a whole.
SECTION 4. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed, and the former law is continued in effect for this purpose.
SECTION 5. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances,as amended hereby, shall be guilty of a misdemeanor
and upon conviction in the Municipal Court of the City of Coppell,Texas,shall be subjected to a fine
not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; and each and every day
such violation is continued shall be deemed to constitute a separate offense.
SECTION 6. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas,this the026 day of
, 2018.
API 'OV D:
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KAREN SELBO HUN ,MAYOR
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AT ST:
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RISTEL PETTINOS, CITY S RETARY
APPROt 1A� '�'�,i :
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ROBE „''' ER, ` ATTORNEY
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