Chapter 235 - DOCKLESS MOBILITY PROGRAMS

Sec. 230.102. - Wreckers required to register with Sheriff. Chapter 250 - MISCELLANEOUS BUSINESS REGULATIONS Chapter 235 - DOCKLESS MOBILITY PROGRAMS

Sec. 235.101. - Purpose.

The purpose of this Chapter is to create a program to permit and regulate Dockless mobility programs in the City of Jacksonville.

(Ord. 2020-26-E, § 1; Ord. 2022-373-E, § 1)

Sec. 235.102. - Applicability.

The provisions of this Chapter shall apply to Dockless mobility programs. For the purpose of this Chapter, the applicant, managing agent or operator, and owner shall be jointly and severally liable for complying with the provisions of this Chapter, the permit, and the permit and license agreement.

(Ord. 2020-26-E, § 1)

Sec. 235.103. - Definitions.

For the purpose of this Chapter, the following words shall have the meanings indicated:

Bicycle rack means a stationary fixture to which a bicycle can be securely attached to prevent theft.

Corral means Dockless Mobility Unit parking facilities that can accommodate a group of Dockless Mobility Units typically installed in the right-of-way and may include the space occupied by a single vehicle parking space.

City-owned property means property owned, occupied, managed, maintained, or controlled by the City pursuant to deed, easement, lease, license, or dedication, and includes City park land and any other property owned by or under the control of the City. When City-owned property is identified for use for a Dockless mobility unit facility, it shall be considered an ancillary ROW area subject to City right-of-way standards and regulations and under the jurisdiction of the City.

Customer or User means the individual who rents or uses a Dockless mobility unit that is provided by an Operator.

Department means the Downtown Investment Authority Department.

Director means the Department Executive Director.

Dockless bicycle program means a program authorized by this Chapter that provides bicycles or electric bicycles for short-term rentals for point to point trips where, by design of the Operator, the bicycles and electric bicycles are intended to remain in the designated areas during use by a Customer.

Dockless mobility program means a Dockless bicycle program, Dockless scooter program or Dockless electric bicycle program.

Dockless scooter program means a program authorized by this Chapter that provides electric scooters for short-term rentals for point to point trips where, by design of the Operator, the electric scooters are intended to remain in the designated areas during use by a Customer.

Dockless electric bicycle, also known as electric-assist or e-bike, means a bicycle equipped with a battery and an electric motor that is activated by pedaling and deactivates when not in use.

Dockless mobility unit or Unit means any and all of the following: Dockless electric bicycles, Dockless bicycles, and Dockless scooters.

Dockless scooter means a vehicle consisting of a footboard mounted to wheels, steered using a long handle, does not include a seat, is intended to be operated while standing up, is equipped with a battery, and propelled by an electric motor.

Geofencing means the use of GPS or RFID technology to create a virtual geographic boundary, enabling software to trigger a response when a mobile device enters or leaves a particular area.

Operator means any entity that owns, operates, redistributes, or rebalances Dockless mobility units, and services a Dockless mobility program.

Permit application means the application required by the Department in order to participate in the Dockless mobility unit program.

Redistribution or Redistributing means the process by which Dockless mobility units are redistributed to ensure bicycle, E-bike or scooter availability throughout a service area and to prevent excessive buildup of Dockless mobility units at locations throughout the Service area.

Right-of-way or ROW means the surface and space above and below an improved or unimproved public roadway, highway, boulevard, road, freeway, bridge, alley, court, street, bicycle lane, public sidewalk and terrace in which the City or other public entity has an interest in law or equity whether held in fee, easement, dedication, plat or other estate or interest including any other dedicated right-of-way for travel purposes.

Service area means the geographical area within the City of Jacksonville where the Dockless mobility program is intended to offer service for its users/customers as defined by the Operator's permit application.

User shall mean the same as Customer, above.

(Ord. 2020-26-E, § 1; Ord. 2022-373-E, § 1)

Sec. 235.104. - Dockless mobility unit program permitting.

(a)

It shall be unlawful for an Operator to provide or operate a Dockless mobility program within the City without first obtaining a permit from the Department.

(b)

No more than two Operators will be permitted to operate within the City at any time. The Director, in conjunction with the Planning and Development Department, will develop a request for proposals to select the two approved Operators. In the event any Operator ceases to operate a Dockless Mobility Program or at the conclusion of an Operator's two-year permit or renewal, the Department shall issue a new request for proposals to replace it.

(c)

Authorization: An Operator shall submit to the Department an application to provide a Dockless mobility program in the Service area. The Director shall determine what information should be provided in the application.

(d)

Operators shall obtain a separate permit for each Dockless Mobility Unit type provided by that Operator.

(e)

Program permits shall be subject to the approval of the Director or the Director's designee.

(f)

Permits issued under this Chapter shall be effective for two years. Operators shall be required to re-apply for a permit upon the conclusion of each two-year period. One two-year renewal is authorized unless the Director has determined that the Operator has significantly failed to comply with the requirements of this Chapter, even if such failure to comply does not rise to the level required for permit revocation as provided herein.

(g)

Operators must comply with the requirements of this Chapter.

(Ord. 2020-26-E, § 1; Ord. 2021-183-E, § 1; Ord. 2022-373-E, § 1)

Sec. 235.105. - Dockless mobility program requirements.

(a)

General regulations pertaining to Dockless mobility units.

(1)

All Dockless bicycles utilized in a Dockless mobility program shall conform to the standards set forth in Title 16, Code of Federal Regulations, Chapter II, Subchapter C, Part 1512 - Requirements for Bicycles, the safety standards outlined in ISO 43.150 - Cycles, subsection 4210, and F.S. § 316.2065, as may be amended or revised.

(2)

All Dockless mobility units utilized shall comply with the lighting standards set forth in F.S. § 316.2065(7), as may be amended or revised, which requires a reflective front white light visible from a distance of at least 500 feet and a reflective rear red light visible from a distance of at least 600 feet.

(3)

All Dockless mobility units utilized shall include easily accessible and identifiable language that clearly directs users to customer support mechanisms, including but not limited to a customer service phone number, websites, and applications.

(4)

Dockless electric bicycles (E-bikes) utilized under this program shall meet the National Highway Traffic Safety Administrations (NHTSA) definition of low-speed electric bicycles; and shall be subject to the same requirements as ordinary bicycles and with the requirements of F.S. § 316.003, which defines bicycles. This means, among other requirements, that electric bicycles shall have fully operable pedals, an electric motor of less than 750 watts, and a top motor-powered speed of less than 15 miles per hour when operated by a rider weighing 170 pounds.

(5)

Dockless scooters and E-bikes must have a top overall motor-powered speed of less than 15 miles per hour. Operators must educate customers that it is only lawful to operate at a top motor-powered speed of less than 10 miles per hour when operating on a sidewalk, and a top motor-powered speed of less than 15 miles per hour when operating in the ROW.

(6)

All Dockless mobility units utilized shall include an easily accessible and legible unique identifier that is clearly displayed and visible to the user of the Dockless mobility unit.

(7)

All Dockless mobility units utilized shall be equipped with GPS, cell phone, or a comparable technology for the purpose of tracking.

(8)

Advertising and signage on Dockless mobility units and Corrals are authorized, but must comply with the City's sign regulations. As a condition of approval, the applicant must agree and acknowledge that all signs on Dockless mobility units are subject to the provisions of the City's sign regulations. Further, the Operator agrees to give the Director final approval of the specifications for any signs displayed, and such approved specifications shall be included in the permit required under Section 235.104. No vertical signage shall be allowed.

(9)

All Dockless mobility units utilized must include a kickstand capable of keeping the Dockless mobility units upright when not in use.

(b)

Parking and right-of-way.

(1)

Dockless mobility units shall only be parked in designated Corrals. The Director shall create designated Corrals in certain areas where Dockless mobility units shall be parked or stored when not in use. In designating the locations of Corrals, the Director shall obtain a right-of-way permit from the Planning and Development Department for the location of each Corral and shall consider the following: if use of public sidewalks for parking Dockless mobility units is considered, locate the Corrals in areas for which sidewalks are greater than eight feet in width, so long as there remains at least an eight-foot clear area for unimpeded pedestrian travel and which do not:

i.

Adversely affect the streets or sidewalks by creating a nuisance;

ii.

Inhibit pedestrian movement;

iii.

Inhibit the ingress and egress of vehicles parked on- or off-street or the entranceway of any building, structure or space;

iv.

Create conditions which are a threat to public safety and security;

v.

Prevent a minimum four-foot pedestrian clear path.

(2)

Corrals shall be placed in a way that maintains unimpeded access to Dockless mobility units.

(3)

Corrals shall not be placed within the following areas: loading zone, handicap accessible parking zone or other facilities specifically designated for handicap accessibility, street furniture, curb ramps, public art installations, JTA bus shelters, pocket parks, business or residential entryways, driveways, travel lanes, bicycle lanes, parklets or within 15 feet of a fire hydrant.

(4)

Corrals shall not be placed in a manner that in any way violates Americans with Disabilities Act (ADA) accessibility requirements.

(5)

The Director shall coordinate with the JTA whenever possible to locate Corrals within close proximity to JTA transit stops.

(6)

Dockless mobility units shall be parked upright in the Corrals at all times.

(7)

Dockless mobility programs that utilize equipment capable of being locked directly to a bicycle rack within a Corral shall not rely solely on publicly-placed bicycle racks for their operation.

(8)

The number of Units allowed by each Operator in each Corral is limited to a maximum of 50 percent of the square footage of the Corral with a minimum of one-foot separation between each Unit. Parking Corrals shall be clearly marked in a manner approved by the City.

(9)

Any Dockless mobility unit parked in violation of this subsection may be removed by the Office of Public Parking, and the Operator will be assessed a fee as set forth in Section 235.107.

(10)

There shall be no fee for the right-of-way permits for the Corral locations.

(c)

Geofencing.

(1)

Dockless mobility units are restricted to the Dockless Mobility Zone (DMZ), which is defined as the Jacksonville Downtown Area defined in Section 55.105, Ordinance Code.

(2)

An Operator must have the technology available to limit operations to within the DMZ.

(3)

If Dockless mobility units operate outside the DMZ, the Operator shall charge the User $1 for every 5 minutes the Unit is outside the DMZ.

(d)

Maintenance, operations, and fleet size.

(1)

Operators shall comply with F.S. Ch. 316, State Uniform Traffic Control.

(2)

The Operator's mobile application must inform users of helmet laws and encourage the use of helmets.

(3)

Operators participating in the program must Redistribute Dockless mobility units daily, in the manner described in their permit application, based on use within the DMZ.

(4)

Dockless mobility units that are inoperable/damaged or do not comply with other subsections of this Code must be removed within two hours upon receipt of a complaint between the hours of 7:00 a.m. and 7:00 p.m., seven days per week and within 12 hours upon receipt of a complaint on holidays. An inoperable or damaged Dockless bicycle, Dockless electric bicycle, or Dockless scooter is one that has non-functioning features (i.e., gear selectors, pedals, bell, lights, dead battery) or is missing components (i.e., fenders, grips, chain guards) as applicable to that vehicle. An Operator whose Dockless bicycle, Dockless electric bicycle, or Dockless scooter is inoperable or damaged or that has non-functioning features and which is removed or stored by the Office of Public Parking is subject to the storage fees set forth in Section 235.107.

(5)

The Office of Public Parking, without notice, reserves the right to remove Dockless mobility units from the right-of-way if an emergency arises. In such instances, the Office of Public Parking will attempt to notify the Operator as soon as reasonably practicable thereafter.

(6)

Operators must detail a plan to relocate the Dockless mobility units to a safe, indoor facility within 24 hours in the result of a declared tropical weather event (tropical storm or hurricane watch or warning, whichever comes first). The plan must detail the amount of time it will take to remove all Dockless mobility units from circulation once a storm watch or warning has been established. The Office of Public Parking may remove any Dockless mobility unit that is not relocated as required by this subsection, and the Operator shall be assessed a removal fee as provided in Section 235.107.

(7)

The Operator's smartphone application and website must inform users of how to safely and legally ride a Dockless mobility unit, including the rights and duties associated with riding on sidewalks or in streets.

(8)

The Operator's phone application must clearly direct users to customer support mechanisms, including but not limited to phone numbers or websites.

(9)

The Operator must provide a staffed, toll-free customer service line which must provide support 24 hours per day, 365 days per year.

(10)

The Operator must provide a direct customer service or operations staff contact to Department staff.

(11)

Operator's fleet is limited to 200 Dockless mobility units. Operators may request an increase to their fleet by a maximum of an additional 100 Units only for City-sponsored events by filing a request with the Director. The Director shall review and act on the request. Each request shall include a rationale and analysis to justify the additional fleet size. All additional Units must be removed by the Operator within 24 hours after the scheduled conclusion of the event.

(12)

Each scooter not retrieved from the Office of Public Parking within seven days shall constitute an unaddressed violation pursuant to Section 235.107(b)(ii) and after 30 days such scooter shall become the property of the City.

(13)

No scooters authorized and regulated under this program shall be operational and available for use between the hours of 00:00 (midnight) and 5:00 a.m.

(e)

Equity of access.

(1)

Operators shall provide the pricing structure prior to start of service.

(2)

Operators must provide details on how users can utilize the service without a smartphone.

(3)

Operators must provide service throughout the Dockless Mobility Zone. This includes Redistributing as needed in order to maintain a reasonable level of convenience in renting a Dockless mobility unit.

(f)

Data sharing.

(1)

All permitted Operators shall provide the City with the following data on a monthly basis in PDF format:

i.

Number and type of Dockless mobility units in circulation;

ii.

Number of daily, weekly, and monthly riders;

iii.

Total number of miles traveled by Users (daily, monthly, quarterly, annually) broken down by Dockless bicycle, Dockless electric bicycle, and/or Dockless scooter;

iv.

Average time each Dockless mobility unit spends available (not in use);

v.

Number of rides per User per day;

vi.

Number of rides per Dockless bicycle, Dockless electric bicycle, and/or Dockless scooter per day;

vii.

Average duration of rides per User per day as well as average duration of rides per Dockless bicycle, Dockless electric bicycle, and/or Dockless scooter per day;

viii.

Average duration of ride per day of the week;

ix.

Monthly summary of Dockless mobility unit distribution and GPS-based natural movement in heat map format;

x.

Summary of fleet numbers lost to theft/vandalism;

xi.

Summary of customer comments/complaints, resolution to, and time it took to resolve each complaint.

xii.

Summary of repairs per Dockless bicycle, Dockless electric bicycle, and/or Dockless scooter per month;

(2)

All permitted Operators shall provide to the Department the following data within 14 days following the end of each calendar quarter, in ESRI ArcGIS.shp format, or other format specified in the permit: EXPAND Field Name Format Description Operator Name [Operator Name] n/a Type of vehicle "Standard Bicycle" or "Electric Bicycle" or "Scooter" n/a Trip record number xxx0001, xxx0002, … 3-letter Operator acronym + consecutive trip # Trip duration MM:SS n/a Trip distance Feet n/a Start date MM, DD, YYYY n/a Start time HH:MM:SS (00:00:00—23:59:59) n/a End date MM, DD, YYYY n/a End time HH:MM:SS (00:00:00—23:59:59) n/a Start location lat, long n/a End Location lat, long n/a ID number xxxx1, xxxx2, … Unique identifier for each bicycle, e-bike, or scooter User Home Zip Code 33301 (example) Home zip code of user (can be credit card-based)

The Department may request such other information from each Operator as it deems necessary to evaluate the program.

(3)

All permitted Operators shall distribute a six-month and one-year customer satisfaction survey, the summary and raw results of which shall be provided to the Department.

(4)

All permitted Operators shall provide real-time or semi-real-time Dockless bicycle, Dockless electric bicycle, and/or Dockless scooter location data via a publicly accessible API in General Bikeshare Feed Specification (GBFS) format per North American Bikeshare Association (NABSA) guidelines. The City reserves the right to post this information through a publicly available portal.

(Ord. 2020-26-E, § 1; Ord. 2021-183-E, § 1; Ord. 2022-373-E, § 1)

Sec. 235.106. - Indemnification and insurance.

(a)

As a condition of the permit, the Operator agrees to indemnify, hold harmless and defend the City of Jacksonville, its representatives, employees, and elected and appointed officials, from and against all liability, claims, damages, suits, losses, and expenses of any kind, including reasonable attorney's fees and costs for appeal, associated with or arising out of, or from the permit, the use of ROW or City-owned property for program operations or arising from any negligent act, omission or error of the Operator, owner or, managing agent, its agents or employees or from the failure of the Operator, its agents or employees, to comply with each and every requirement of this Chapter or with any other federal, State, or local traffic law or any combination of same, with the exception that this condition will not apply to claims arising out of the City's own negligence or willful misconduct. This agreement shall be reviewed and approved by the City's Risk Manager and the Office of General Counsel.

(b)

The Operator shall provide and maintain such public liability and property damage insurance to protect the City of Jacksonville and its representatives, employees, and elected and appointed officials, from all claims and damage to property or bodily injury, including death, which may arise from any aspect of the Program or its operation. Such insurance shall be provided from an insurance company with an A.M. Best rating of not less than "A" and a financial strength rating of not less than "VII," acceptable to the City's Risk Management Division, and shall provide coverage of not less than $2,000,000 for bodily injury, and property damage respectively per occurrence. Such insurance shall be without prejudice to coverage otherwise existing and shall name the City of Jacksonville as additional insured. The policy shall further provide that coverage shall not terminate or be canceled prior to the termination of the permit and license agreement without 30 days' written notice prior to the termination to the City's Risk Management Division and the Director at the address shown in the license.

(c)

In addition to the requirements of subsection (a) and (b), the Operator shall provide additional insurance and comply with any revised indemnification provision specified in the permit.

(d)

The Operator shall provide proof of all required insurance prior to receiving a permit and upon each renewal thereafter.

(Ord. 2020-26-E, § 1)

Sec. 235.107. - Fees and penalties.

(a)

The following fees shall apply to Operators: EXPAND (i) Initial Permit Filing Fee $2500 (ii) Permit Renewal Fee $2500 (iii) Annual Fee $21,900 (0.30/max. authorized Unit/day) (iv) Performance bond $80 per Unit/$10,000 maximum (v) Unit Removal Fee $75 per Unit (vi) Unit Storage Fee $25 per Unit, per 24-hour period, or part thereof

(b)

An Operator is subject, at the discretion of the Director, to a fleet size reduction or total permit revocation should the following occur:

(i)

If violations of the regulations set forth in this Chapter are not addressed in a timely manner or;

(ii)

15 unaddressed violations of the regulations set forth by this Chapter within a 30-day period or;

(iii)

Submission of inaccurate or incomplete data.

(c)

In the event of a permit revocation, the Director shall provide written notice of the revocation via certified mail, informing the Operator of the permit revocation.

(Ord. 2020-26-E, § 1; Ord. 2022-373-E, § 1)

Sec. 235.108. - Appeal from revocation.

(a)

Operators who have been subject to a permit revocation may appeal the revocation of such permit to the City's Special Magistrate established in Chapter 91. Should an Operator seek an appeal from the revocation, the Operator shall furnish notice of such request for appeal to the Director no later than ten business days, after the date of mailing of the certified letter informing the Operator of the revocation.

(b)

Upon receipt of a request for appeal, the Clerk to the Special Magistrate shall fix the date and time at which the Special Magistrate shall hear the appeal, such hearing to be held no more than 60 days subsequent to the date upon which such request for appeal was filed with the Director. Upon setting the matter for hearing, the Clerk to the Special Magistrate shall notify the Operator of the date and time of such hearing. At the conclusion of the hearing, the Special Magistrate shall either sustain the decision of the Director or direct the Director to reinstate the permit.

(Ord. 2020-26-E, § 1)

Sec. 230.102. - Wreckers required to register with Sheriff. Chapter 250 - MISCELLANEOUS BUSINESS REGULATIONS