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Ordinance 2020-18 Amending Chapter 44 Exhibit A Chapter 44 -TRAFFIC AND MOTOR VEHICLES ARTICLE I. -GENERAL Sec. 44-1Definitions. Shareable Mobility Device (device)means any docked or dockless wheeled device, whether it be human-powered, electric, or otherwise motorized, that permits an individual to move or be moved freely, including but not limited to, a bicycle, scooter, skateboard or other similar device; 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 isavailable to members of the public in unstaffed, self-service locations or staffed service locations. Docklessmeans that the device does not require the individual user to return and lock the device to an authorized fixed station once the user has completed their use of the device. Dockedmeans that the device requires the individual user to return the device to an authorized fixed location once the user has completed their use of the device. Shareable Mobility Device vendors (vendor)means an entity approved by the Huntsville City Manager or Designee, to use/occupy the public right-of-way for offering mobility devices, such as a bicycle, a scooter, or electric bike or any other mobility device as determined by the City Manager or Designee, to subscribers on a fee basis subscription. Designated drop off/pick up area (Docked or authorized fixed location)means an area on private property, or other areas as designated by the City Manager or Designee, that the Shareable Mobility Devices are parked (docked) and made available to public for use. Personal Mobility Devicemeans any wheeled devicethatwould be a Shareable Mobility Devicebut it is personally owned and is not for rent, whether it be human-powered, electric, or otherwise motorized, that permits an individual to move, or be moved freely, including, but not limited to, a bicycle, scooter, skateboard or other similar device that is owned by an individual and no fee is paid for its use. ARTICLEX-SHAREABLE MOBILITY DEVICES Sec.44-243. -Purpose. The purpose of these regulationsis to provide for the proper management of the public rights-of-way to preserve the health, safety, and welfare of the citizens of the city. Specifically, these regulations areintended to provide for reasonable guidelinesforthe operation of Shareableand/or PersonalMobility Devices operatedin the public rights-of-way. Sec. 44-244. -Permit required. It shall be unlawful for a Shareable Mobility Devicevendor to operate Shareable Mobility Deviceswithin any public right-of-way without first obtaining a permit from the City. The permit shall, among other things: (a)Include an application fee of $200.00 plus $3.00 per device. (b)Shall bevalid for one year; (c)Vendors shall maintain commercial general liability insurancecoverage of no less than $1,000,000.00,?worker’s?compensation,?business?automobile?insurance.?The?City?of? Huntsville shall be named as an additional insured; (d)Permitsarenot transferrable; and (e)Identify the number of Shareable Mobility Devices. A maximum of 150unitsavailable for use in the City at any one time. (f)Each device shall display a City provided permitdecal, affixed in plain sight. (g)No permit is required for a Personal Mobility Device. Sec. 44-246.-Regulations and Restrictions. (a)In addition to any regulations or restrictions imposed under state law, vendors and the use of Shareable and/or PersonalMobility Devices within the city of Huntsvillemust comply with the following regulations and restrictions; when applicable. 1.Vendors shall keep a record of reported collisions in a format as determined by the City. 2.Vendors shall keep a record of maintenance activities which includes the Shareable Mobility Deviceunit identification number and maintenance performed. 3.Vendors shall sign and record an indemnification agreement indemnifying and holding harmless the City. 4.Vendors agree to educate users on lawful and safe use of the Shareable Mobility Devices, including encouraging users to obey traffic control devices and ride with the flow of traffic. 5.Shareable and/or PersonalMobility Devicesmay not be used on public rights- of-way with speed limits greater than 35 miles per hourunless in a dedicated bike lane or shareduse path. Exception: bicycles may be operated in any area of the City where bicycles are otherwise permitted. 6.No Shareable Mobility Deviceshall be operated between the hours of 9:00 pm and 7:00 am. 7.The operator of a Shareable and/or PersonalMobility Devicemust be at least 16years oldto use a motorized deviceupon public rights-of-way. 8.Operation of a Shareable and/or PersonalMobility Deviceshall be limited to one rider. 9.Any person operating a Shareable and/or PersonalMobility Deviceshall obey all rules of the road applicable to vehicle traffic, as well as the instructions of official traffic control signals,signs,and other control devices applicable to vehicles, unless otherwise directed by a police officer. 10.No Shareable and/or PersonalMobility Deviceshall be ridden in a negligent or unsafe manner but shall be operated with reasonable regard for the safety of the operator and other persons. 11.It shall be unlawfulto operate a Shareable and/or PersonalMobility Deviceon a street, alley, sidewalk or public highway of the city, unless it is equipped with a braking system in sufficient working order to control and stop the movement of the device. 12.No person shall operate a Shareable and/or PersonalMobility Devicewhile wearing earphones over, or earplugs in, both ears. As used in this section, "earphones" means any headset, radio, tape player, or other similar device that provides the listener with radio programs, music, or other recorded information through a device attached to the head and that covers all or a portion of both ears. "Earphones" does not include hearing aids or the use of speakers or other listening devices that are built into protective headgear. 13.No person operating Shareable and/or PersonalMobility Deviceshall carry any package, bundle, or article that prevents the driver from keeping bothhands upon the handle bars. 14.No person riding upon any Shareable and/or PersonalMobility Deviceshall attach the same or him/herself to any vehicle upon a roadway. No operator shall knowingly permit any person riding upon any Shareable Mobility Deviceto attach the same or self to any vehicle while it is moving upon a roadway. 15.Shareable Mobility Devices shall not be deployed to designated drop off/pick up areas earlier than6:00 am and must be picked up no later than10:00 pm. Exception: Shareable Mobility Devices parked on private property are exempt from these hours. Sec. 44-247.-Equipment.Every Shareable and/or PersonalMobility Devicewhen in use shall complywith the following; when applicable (a)Shareable Mobility Devices shall be equipped with an on-board GPS unit or equivalent that can report the location of a unit at any time for the purposes of use, recovery, repair, data collection, and incident investigation. (b)Bicycles used in a Shareable Mobility Devicevendor system shall meet standards outlined in the Code of Federal Regulation (CFR) under Title 16, Chapter II, Subchapter C, Part 1512 –Requirements for Bicycles. Additionally, permitted systems shall meet the safety standards outlined in International Organization for Standardization (ISO) 43.150 –Cycles, subsection 4210. (c)Electric bicycles used in a Shareable MobilityDevicevendor system shall meet the most up-to-date definition of low-speed electric bicycle outlined in CPSC Public Law 107-309 for Low Speed Electric Bicycle and 15 U.S.C. Chapter 47 Section 2085 and be equipped with fully operable pedals and shall be subject to the same requirements as ordinary bicycles. (d)Scooters used in Shareable Mobility Devicevendor system shall meet the most up- to-date equivalent safety standards as those outlined in the Code of Federal Regulations and the International Organization for Standardization for bicycles. Currently, scooters shall meet CPSC in Public Law 107-309 for standards around weight bearing. (e)A lamp mounted on the front of either the Shareable and/or PersonalMobility Deviceor the operator that shall emit a white light visible from a distance of at least five hundred (500) feet to the front and three hundred (300) feet to the sides. A generator-powered lamp that emits lights only when the bicycle or mobility device is moving may be used to meet this requirement. (f)A red reflector on the rearof a Shareable and/or Personal Mobility Devicethat shall be visible from all distances from one hundred (100) feet to six hundred (600) feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle; (g)A lamp emitting either flashing or steady red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector. If the red lamp performs as a reflector in that itis visible as specified in6 bof this section, the red lamp may serve as the reflector and a separate reflector is not required. This applies to both Sharable and/or Personal Mobility Devices. Sec. 44-248. -Mobility device yields right-of-way to pedestrians.Any person who may lawfully operate a Shareable and/or PersonalMobility Deviceshall: (a)Yield the right-of-way to a pedestrian upon a roadway, sidewalkor shared-use path or a crosswalk. (b)Give a timely and audible signal before overtaking and passing a pedestrian upon a roadway, sidewalkor shared-use path. Sec. 44-249.-Parking. (a)When a user is not being charged for the use of the device, before, after and in between users, theShareable Mobility Devices shall be parked(docked) in a designated drop off/pick up area. (b)It shall be unlawful to stop, stand, or park a Shareable and/or PersonalMobility Deviceon a public sidewalk or public right of wayunless placed in a bike rack. No person shall park a Shareable and/or PersonalMobility Deviceuponany street including parking spots and loading zones or as to unduly interfere with vehicular traffic.