HomeMy WebLinkAboutORDINANCE 6205113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6205
File Number: 2019-0407
ENACT CHAPTER 75 ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE
PROGRAMS:
AN ORDINANCE TO ENACT CHAPTER 75 ELECTRIC MOTORIZED SCOOTERS AND
SCOOTER -SHARE PROGRAMS
WHEREAS, the Arkansas General Assembly enacted Act 1015 of 2019, the Electric Motorized
Scooter Act, which authorizes the deployment of electric scooters and scooter -share programs throughout
the State of Arkansas; and
WHEREAS, the Electric Motorized Scooter Act does not allow cities to prohibit the operation of scooter -
share programs but authorizes local authorities to enact reasonable regulations; and
WHEREAS, the Electric Motorized Scooter Act goes into effect on July 24, 2019, and the City's
regulations and permitting process need to be effective prior to the expected deployment of hundreds
of electric scooters city-wide.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts Chapter 75 Electric
Motorized Scooters and Scooter -Share Programs of the Fayetteville City Code as shown in Exhibit "A"
attached hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this
ordinance should become effective without delay so that reasonable regulations regarding the safe
operation of electric motor scooters and scooter -share programs, which are necessary for the public
Page 1 Printed on 7/17/19
File Number: 2019-0407
Ordinance 6205
peace as well as the health and safety of Fayetteville residents, are in place before the expected
deployment of hundreds of electric scooters across the City. Therefore, the City Council hereby declares
an emergency exists such that this ordinance shall become effective immediately upon its passage and
approval.
PASSED and APPROVED on 7/16/2019
Attest:
Sondra E. Smith, City Clerk Treasurer ``��y GLER•K j ��i���
%y•:41VSN .•�
Page 2 Printed on 7/17/19
Final Version 7/16/19
EXHIBIT A
Chapter 75
ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE PROGRAMS
ARTICLE I GENERAL PROVISIONS
§ 75.01 Definitions
(A)(1) "Electric motorized scooter" means a device that:
(i) Weighs less than one hundred pounds (100 lbs);
(ii) Has two (2) or three (3) wheels;
(iii) Has a handlebar;
(iv) Is equipped with a floorboard that can be used to stand on while riding the electric motorized
scooter;
(v) Is powered by an electric motor; and
(vi) Has a maximum speed of twenty miles per hour (20 m.p.h.) with or without human propulsion
on a paved level surface.
(2) "Electric motorized scooter' does not include A motorcycle, an electric bicycle, an electric personal
assisted mobility device, a motor -driven cycle, a motorized bicycle as defined in Ark. Code Ann. § 27-20-
101, a moped; or an electric bicycle under Ark. Code Ann. § 27-51-1702;
(B) "Scooter -share operator" means a person or company offering a shared scooter for hire;
(C) "Scooter -share program" means a service in which a shared scooter is made available to use for hire;
and
(D) "Shared scooter' means an electric motorized scooter offered for hire.
§ 75.02 Operation of electric motorized scooters
Electric motorized scooters operated within the City of Fayetteville, whether privately owned or part of a
scooter -share program, are subject to the following regulations:
(A) Electric motorized scooters shall not be operated at a speed greater than fifteen (15) miles per
hour;
(B) Operation on sidewalks
(1) Any individual operating an electric motorized scooter upon a sidewalk shall yield the right-
of-way to pedestrians and shall give an audible signal before overtaking and passing a
pedestrian.
(2) No person shall operate an electric motorized scooter upon a sidewalk which abuts a
building, when riding on the sidewalk would endanger pedestrians, or where operation of
an electric motorized scooter on a sidewalk is prohibited by an official traffic control device.
(3) Any individual operating an electric motorized scooter within a pedestrian crosswalk must
yield the right-of-way to motor vehicle traffic and pedestrians. To earn the protections of a
pedestrian, an individual must dismount, walk the electric motorized scooter, and obey
applicable traffic control devices.
(C) Riding on Roadways and Bicycle Facilities
(1) Any person operating an electric motorized scooter upon a roadway at less than the normal
and reasonable speed of traffic shall ride in the right hand lane of the roadway subject to
the following provisions:
a)lf the right hand lane is wide enough to be safely shared with overtaking vehicles,
a person operating an electric motorized scooter shall ride far enough to the right
as judged safe by a reasonable scooter user to facilitate the movement of such
overtaking vehicles unless other conditions make it unsafe to do so.
b) A person operating an electric motorized scooter may use a lane other than the
right hand lane when:
i. Passing another vehicle;
ii. Preparing for a left turn;
iii. Avoiding conditions, including, but not limited to, fixed or moving objects,
or surface hazards;
iv. Lanes are too narrow for an electric motorized scooter and vehicle to travel
safely side by side;
V. Approaching an intersection where there is a designated right turn lane
and the scooter user does not intend to turn right, the scooter user may
ride on the left-hand side of such designated lane;
vi. Riding on a roadway designated for one-way traffic, when the scooter user
may ride as near to the left-hand curb or edge of such roadway as judged
safe by the scooter user; or
vii. Riding on parts of roadways designated for bicycles.
(2) A scooter user shall not be expected or required to:
a) Ride over or through any hazards or apparent hazards.
b) Ride without a reasonable safety margin on the right-hand side of the roadway.
c)A person operating an electric motorized scooter in compliance with this section
and not violating any other section of law is not impeding traffic.
(D) The operator of an electric motorized scooter emerging from an alley, driveway or building shall,
upon approaching a sidewalk or the sidewalk area extending across the alleyway, yield the right-
of-way to all pedestrians approaching on such sidewalk area and, upon entering the roadway, shall
yield the right-of-way to all vehicles approaching on such roadway
(E) No person riding upon any electric motorized scooter shall attach either the scooter or the rider to
any vehicle upon a roadway.
(F) No person operating an electric motorized scooter shall carry any package, bundle or article,
which prevents the rider from keeping at least one (1) hand upon the handlebars.
§ 75.03 Parking of electric motorized scooters
(A) Electric motorized scooters may not be parked in a manner that would impede normal and
reasonable pedestrian access on a sidewalk or in any manner that would reduce the minimum clear
width of a sidewalk to less than 48 inches.
(B) Electric motorized scooters may not be parked in a manner that violates the Americans with
Disabilities Act.
(C) Electric motorized scooters may not be parked in a manner that would impede vehicular traffic on
a street or alley.
(D) Electric motorized scooters may not be parked in a manner that would impose a threat to public
safety or security.
(E) Electric motorized scooters may not be parked on a public street without specific permission from
the City.
(F) Electric motorized scooters may not be deployed on a block where the sidewalk is less than 96
inches in width, or on a block that does not have sidewalks. The City may determine other blocks
or areas where deploying electric motorized scooters are prohibited.
(G) Electric motorized scooters must be deployed on a sidewalk or other hard surface, at a bicycle
rack, or at a city -owned location. Electric motorized scooters may only be deployed on private
property with the permission of the property owner.
(H) Electric motorized scooters must stand upright while parked.
(1) Electric motorized scooters may not be parked within five feet of a crosswalk or curb ramp, unless
given specific permission by the City.
(J) Electric motorized scooters may not be parked in a way that blocks:
(1) Transit stops, shelters, or platforms.
(2) Commercial loading zones.
(3) Railroad or light rail tracks or crossings.
(4) Passenger loading zones or valet parking service areas.
(5) Disabled parking zones.
(6) Street furniture that requires pedestrian access (for example, benches or parking pay
stations).
(7) Building entryways.
(8) Vehicular driveways.
(K) Electric motorized scooters parked along multi -use trails may only be parked at trailheads or other
areas identified by the City.
(L) Electric motorized scooters that are parked in an incorrect manner must be re -parked or removed
by the operator within two hours of receiving notice from the City on weekdays between 6:00 a.m.
and 6:00 p.m. (excluding holidays) and within 12 hours of receiving notice from the City at all other
times.
(M) Electric motorized scooters that are parked in a residential area may remain in the same location
for up to 48 hours as long as it is parked in accordance with this section. An operator shall relocate
or rebalance electric motorized scooters parked in a residential area after receiving a citizen
request or complaint in accordance with the timeframes specified in §75.11(P)
§ 75.04 Safety Regulations
Electric motorized scooters shall be equipped with a brake and, for those units that operate at night, a front
light that emits white light as well as a red light and reflector at the rear of the unit. All electric motorized
scooters shall have front and back lights that are always on and are visible from a distance of at least 500
feet under normal atmospheric conditions at night. Front and rear lights must stay on at least 90 seconds
after the unit has stopped.
ARTICLE II —REGULATIONS APPLICABLE TO SCOOTER -SHARE PROGRAMS AND SCOOTER -
SHARE OPERATORS
§75.10 Permit required
(A) A person commits an offense if, within the city, he or she operates, or causes or permits the
operation of, a scooter -share program without a valid operating authority permit issued under this
Chapter.
(B) Issuance of a permit does not authorize the operation of a shared scooter on the University of
Arkansas campus or private property without the approval of the property owner.
(C) The total number of initial permits issued by the City for shared scooters shall not exceed 500.
(D) Application for operating authority permit
(1) To obtain an operating authority permit, a person shall make application in the manner and
on the form prescribed by the City. The applicant must be the person who will own, control,
or operate the proposed shared scooter program.
(2) An application shall be accompanied by the non-refundable application fee and shall
contain at least the following information:
a. The form of business of the applicant and, if the business is a corporation or
association, a copy of the documents establishing the business and the name and
address of each person with a 20 percent or greater ownership interest in the
business:
b. The signature of the applicant,
c. The address of the fixed facilities to be used in the operation, if any, and the
address of the applicant's corporate headquarters. if different from the address of
the fixed facilities,
d. The name of the person designated by the applicant to receive on behalf of the
applicant any future notices sent by the city to the operator, and that person's
contact information, including a mailing address, telephone number, and email
address;
e. Documentary evidence from an insurance company indicating that such insurance
company has bound itself to provide the applicant with the liability insurance
required by this Chapter;
f. Documentary evidence of payment of ad valorem taxes on property within the city,
if any, to be used in connection with the operation of the proposed shared scooter
program;
g. The number and types of shared scooters to be operated; and
h. An agreement to indemnify the city.
(3) An operating authority permit may be renewed following the process in this section.
(4) Application and fleet fees.
(1) The initial application for an operating authority permit must be accompanied by the
non-refundable application fee of $150.00.Afee of $20.00 per shared scooter in the
operator's fleet shall be paid prior to the issuance of any permits. Applications to renew
an operating authority permit must be accompanied by a non-refundable application
fee of $100.00.A fee of $20.00 per shared scooter in the operator's fleet shall be paid
prior to the issuance of renewal permits.
(2) Fees collected pursuant to this subsection shall first be applied to the costs incurred
by the City for administering the scooter share permit program and then to
infrastructure improvements and maintenance related to the operation of electric
motorized scooters.
(E) Changes to information in operating authority application.
(1) Any changes to the information provided in the operating authority permit application must
be reported to the City, in the manner prescribed by the City, within 10 days of the change.
(2) If the information reported to the City under this section includes an increase in the number
of shared scooters, any additional vehicle fees due shall be submitted to the City
simultaneously with the change in information.
(F) An operating authority permit expires six (6) months from the date it is issued.
(G) Operator Fleets.
(1) An Operator's initial fleet must be a minimum of 100 shared scooters and shall not exceed 250
shared scooters. Operators may request an increase to their initial fleet of up to 250 additional
shared scooters as part of any permit renewal. A request for an increase in fleet size shall
include a rationale and analysis to justify the additional fleet size. Authorization of additional
units is at the sole discretion of the City..
(2) The total number of deployed scooters in an operator's fleet must maintain a minimum average
of 2 trips per scooter per day, determined by monthly usage. Should this demand not be met,
the City may require a portion of the scooters to be relocated or removed.
(3) The City may establish zones to limit or require the deployment of scooters in certain areas to
ensure that scooters are accessible to the public across the City.
(H) A scooter -share operator or scooter -share program shall not charge a per minute fee to users
exceeding 1/5`^ the cost to unlock a shared scooter.
(1) Refusal to issue or renew operating authority permit.
(1) The City shall refuse to issue or renew an operating authority permit if the applicant:
a. intentionally or knowingly makes a false statement as to a material matter in an
application for a permit or permit renewal;
b. has been convicted twice within a 12 -month period for a violation of this article
regarding the deployment of a shared scooter or the rebalancing or removal of a
dockless vehicle, or a rule or regulation adopted under this article regarding the
deployment of a shared scooter or the rebalancing or removal of a shared scooter, or
has had an operating authority permit revoked within two years of the date of
application; or
c. has deployed unpermitted electric scooters within the City of Fayetteville in violation of
this chapter.
(2) If the City determines that a permit should be denied, the City shall notify the applicant or
operator in writing that the application is denied and include in the notice the specific reason or
reasons for denial and a statement informing the applicant or operator of the right to, and the
process for, appeal of the decision.
(J) Suspension or revocation of operating authority permit.
(1) The City may suspend an operating authority permit if the City determines that the operator
failed to comply with a request to remove a shared scooter, a request to rebalance shared
scooters issued by the City within the time specified in the order, or for failure to comply
with any other requirement in this chapter. Suspension of an operating authority permit
does not affect the expiration date of the permit.
(2) The City may revoke an operating authority permit if the City determines that the operator
has:
a. made a false statement as to a material matter in the application concerning the
operating authority permit;
b. failed to maintain the insurance required by this article;
c. operated shared scooters that were not authorized by the operating authority
permit;
d. failed to pay a fee required by this article; or
e. failed to comply with the provisions of this chapter.
(3) After revocation of an operating authority permit, an operator is not eligible for another
permit for a period of up to two years, depending on the severity of the violation resulting
in the revocation.
(K) Appeals. Any person whose application for an operating authority permit, or renewal of an operating
authority permit, is denied by the City, or an operator whose operating authority permit has been
revoked or suspended by the City, may appeal the decision to the City Council by filing a written
notice in the City Clerk's office within ten (10) business days of the decision.
§ 75.11 Operation of scooter -share programs
Scooter -share operators shall comply with the following requirements for scooter -share programs:
(A) Operators shall provide a method for users to utilize shared -scooter programs without a
smartphone.
(B) Operators shall not permit any person under the age of sixteen (16) to operate a shared scooter.
(C) Rates for shared scooters shall be clearly and understandably communicated to customers prior to
use.
(D) Shared scooters programs shall ensure that its application and website educates users about how
to comply with the general operation, parking, and safety regulations set forth in § 75.05-75.07.
(E) Shared scooters 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 collections, and incident
investigation.
(F) Shared scooters shall be high quality, sturdily built to withstand the rigors of outdoor storage and
constant use.
(G) Shared scooters shall employ tamper-resistant security hardware.
(H) Shared scooters used in systems issued a license must employ an electric motor of less than 750
watts (1 h.p.).
(1) Operators must have the ability to implement no -ride zones, the ability to slow scooters, and the
ability to prevent parking in areas identified by the City. Operators must also have the ability to
require shared scooters to be parked in certain areas designated by the City.
(J) Shared scooters 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 107-319 for standards around weight bearing.
(K) For all shared scooters used the maximum motor -assist speed for licensed units shall be 15 mph,
when ridden in the street environment.
(L) Shared scooters shall be able to securely stand upright when parked.
(M) Shared scooters shall be inspected when removed from routine service, to ensure that all of its
components are present and functioning properly.
(N) Operators must be capable of quickly identifying and addressing safety and maintenance issues
with shared scooters, including a mechanism for customers to notify the company that there is a
safety or maintenance concern with the scooter.
(0) Operators must be capable of remotely disabling the use of a unit if it is reported or found to have
a safety, maintenance, or other hazardous condition. Scooters that are reported as unsafe or non-
functional shall be immediately deactivated for rental and removed from operations until repaired.
(P) Operators shall remove any unit that is not safe to operate within four (4) hours of receipt of notice
and shall not be redeployed until repaired.
(Q) Operators shall respond to complaints and obstructions within the following time frames:
(1) Sidewalk obstructions — 60 minutes
(2) Travel and bicycle lanes — 60 minutes
(3) Transit stop obstructions — 60 minutes
(4) Environmentally sensitive area — 60 minutes
(5) Private property — 2 hours
(6) Other obstructions and nuisances — 2 hours
(7) Unauthorized portions of parks and trails — 2 hours
(8) Other unauthorized areas — 2 hours
(R) Operators shall have a program in place to ensure proper recycling and disposal of batteries under
universal waste battery disposal standards pursuant to Title 40 of the Code of Federal Regulations,
Part 273.
§ 75.12 Identification of shared scooters
Scooter -share operators shall ensure that each shared scooter:
(A) Clearly displays the emblem of the operator;
(B) Clearly displays the operator's customer support information including customer service phone
number, website, and application; and
(C) Bears a unique alphanumeric identification number that is visible from a distance of five feet
(5) and is not covered by a branding or other marking.
§ 75.13 Minimum insurance requirements
(A) A scooter -share operator shall carry the following insurance coverage dedicated exclusively for
operation of a shared scooter and shall provide a valid certificate insurance each year the
operator's permit is renewed:
(1) Commercial general liability insurance coverage with a limit of no less than one million
dollars ($1,000,000) for each occurrence and five million dollars ($5,000,000) aggregate;
(2) Umbrella or excess liability coverage with a limit of no less than five million dollars
($5,000,000) for each occurrence and five 35 million dollars ($5,000,000) aggregate; and
(3) Workers' compensation coverage as required by law.
(B) A valid certificate of insurance evidencing the coverage required by this section shall be submitted
prior to the issuance of an initial operating authority permit.
(C) Scooter -share operators may not be self-insured.
(D) Insurance required by this section shall include a cancellation provision in which the insurance
company is required to notify the City in writing not fewer than ten (10) days before cancelling the
insurance policy for any reason or before making a reduction in coverage.
§ 75.14 Data Sharing
(A) A scooter -share operator shall provide:
(1) Anonymized fleet and ride activity data for all trips starting or ending within the City of
Fayetteville;
(2) All ride activity data for any trip resulting in an accident report.
(B) Such data shall include:
a. Total number of daily, weekly, and monthly riders,
b. Total number of vehicles in service for the reporting period,
c. Aggregated monthly summary data in the form of heat maps showing routes, trends,
origins, and destinations:
d. Total number of miles traveled daily, weekly, and monthly by users,
e. Average time each shared scooter spends available (not in use),
f. A report or chart showing the times and days when more than 75% of a fleet is in use at
one time:
g. Duration of ride per day of the week:
h. Summary of fleet numbers lost to theft or vandalism:
i. Summary of customer comments, complaints, and requests for service: resolutions to
comments, complaints, and requests for service, and the time it took to resolve any
complaint or request for service, and
j. Monthly summary of repairs per shared scooter; and
k. Any other report requested by the City.
(C) Such data shall be provided to the City of Fayetteville at least monthly.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
�\ -= File Number: 2019-0407
Agenda Date: 7/16/2019 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B. 3
ENACT CHAPTER 75 ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE
PROGRAMS:
AN ORDINANCE TO ENACT CHAPTER 75 ELECTRIC MOTORIZED SCOOTERS AND
SCOOTER -SHARE PROGRAMS
WHEREAS, the Arkansas General Assembly enacted Act 1015 of 2019, the Electric Motorized Scooter Act,
which authorizes the deployment of electric scooters and scooter -share programs throughout the State of
Arkansas; and
WHEREAS, the Electric Motorized Scooter Act does not allow cities to prohibit the operation of
scooter -share programs but authorizes local authorities to enact reasonable regulations; and
WHEREAS, the Electric Motorized Scooter Act goes into effect on July 24, 2019, and the City's regulations
and permitting process need to be effective prior to the expected deployment of hundreds of electric scooters
city-wide.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts Chapter 75 Electric
Motorized Scooters and Scooter -Share Programs of the Fayetteville City Code as shown in Exhibit "A"
attached hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance
should become effective without delay so that reasonable regulations regarding the safe operation of electric
motor scooters and scooter -share programs, which are necessary for the public peace as well as the health and
safety of Fayetteville residents, are in place before the expected deployment of hundreds of electric scooters
across the City. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall
become effective immediately upon its passage and approval.
City of Fayetteville, Arkansas Paye 1 Printed on 711712019
Added at Agenda Session 6/25/19
City of Fayetteville Staff Review Form
2019-0407
Legistar File ID
7/2/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Blake Pennington 6/24/2019 CITY ATTORNEY (021)
Submitted By Submitted Date Division / Department
Action Recommendation:
Recommend enactment of an ordinance regulating electric motorized scooters, scooter -share programs, and
scooter -share operators in the City of Fayetteville. The proposed ordinance includes an emergency clause to make
the ordinance effective immediately upon passage by the City Council and approval by Mayor Jordan.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Fund
Project Title
j
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
lie
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
FROM: Blake Pennington, Assistant City Attorney
Peter Nierengarten, Environmental Director
DATE: June 24, 2019
RE: Electric Motorized Scooter Ordinance
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
The Arkansas General Assembly passed Act 1015 of 2019, which created the
Electric Motorized Scooter Act. This Act, which will go into effect on July 24,
2019, authorizes the deployment of electric motorized scooters and scooter -
share programs throughout the State of Arkansas.
The Act defined electric scooters as two or three wheeled mobility devices
that are equipped with a handle bar, standing floorboard and weigh less
than 100 lbs. They must be powered by an electric motor and are limited to
a maximum speed of 15 mph.
The Act also contains some very limited safety regulations but also provides
for local authority regulation of such scooters and scooter -share programs:
"Except as otherwise provided by law, a local authority may
establish reasonable standards, rules, or regulations providing
for the:
(1) Safe operation of electric motorized scooters; and
Electric Motorized Scooter Ordinance
(2) Presence of electric motorized scooters on public
property."
Ark. Code Ann. X27 -51-1905(a).
Following the passage of the Electric Motorized Scooter Act, the City
Attorney's Office began working with Sustainability and Engineering staff
to draft an ordinance regulating the operation of scooters and scooter -share
programs. We looked at and borrowed from the scooter -share ordinances
in Dallas, Austin, Fort Lauderdale, and Charlotte.
Article I of the proposed ordinance contains rules of general applicability to
both private scooter owners, scooter share program operators, and scooter -
share program customers. Electric scooter operations, parking and safety
regulations apply to all scooters city-wide and are very similar to rules for
bicycles. Scooters may operate on trails, in bicycle lanes, on the right-hand
side of the roadway and on sidewalks, where a building face is not adjacent
to the sidewalk. Scooters must be parked in the upright position in a way
that does not block sidewalks, impede pedestrians or interfere with ADA
access. Improperly parked scooters must be re -parked or removed by the
scooter -share operator.
Article II of the proposed ordinance contains regulations that are specific to
scooter share operators and scooter share programs. Such scooter share
operators will be required to obtain a permit, will be limited in the number
of scooters they are authorized to deploy, and are subject to additional
operational, insurance, and data sharing requirements.
The proposed ordinance allows for up to 1000 scooters (max of 500 scooters
per scooter share operator) to be permitted in Fayetteville. The initial six-
month application fee is $150 per scooter -share operator plus $20 per
scooter. Fees collected shall be used to cover the cost to administer the
program and to provide infrastructure improvements and maintenance
related to the operation and parking of electric scooters. The ordinance also
requires that scooter -share operators communicate clear rates to customers
and that the per minute use fee may not exceed 1/5th the cost to unlock a
shared scooter.
2
Electric Motorized Scooter Ordinance
Additionally, Article II requires that scooter -share operators have the ability
to implement no -park, no -ride, and slow -ride zones as designated by the
City. Scooter -share operators are also required to share anonymized fleet
and ride activity data with the City.
Because the Electric Motorized Scooter Act will go into effect on July 24, we
have included an emergency clause so that the ordinance passed by the City
Council will go into effect immediately. We believe that the unregulated
deployment of potentially hundreds or thousands of these scooters would
be a serious risk to the public peace, health, and safety.
3
EXHIBIT A
Chapter 75
ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE PROGRAMS
ARTICLE I GENERAL PROVISIONS
§ 75.01 Definitions
(A)(1) "Electric motorized scooter" means a device that:
(i) Weighs less than one hundred pounds (100 lbs);
(ii) Has two (2) or three (3) wheels;
(iii) Has a handlebar;
(iv) Is equipped with a floorboard that can be used to stand on while riding the electric motorized
scooter;
(v) Is powered by an electric motor; and
(vi) Has a maximum speed of twenty miles per hour (20 m.p.h.) with or without human propulsion
on a paved level surface.
(2) "Electric motorized scooter" does not include A motorcycle, an electric bicycle, an electric personal
assisted mobility device, a motor -driven cycle, a motorized bicycle as defined in Ark. Code Ann. § 27-20-
101, a moped; or an electric bicycle under Ark. Code Ann. § 27-51-1702;
(B) "Scooter -share operator" means a person or company offering a shared scooter for hire;
(C) "Scooter -share program" means a service in which a shared scooter is made available to use for hire;
and
(D) "Shared scooter' means an electric motorized scooter offered for hire.
§ 75.02 Operation of electric motorized scooters
Electric motorized scooters operated within the City of Fayetteville, whether privately owned or part of a
scooter -share program, are subject to the following regulations:
(A) Electric motorized scooters shall not be operated by a person under sixteen (16) years of age;
(B) Electric motorized scooters shall not be operated at a speed greater than fifteen (15) miles per
hour;
(C) Operation on sidewalks
(1) Any individual operating an electric motorized scooter upon a sidewalk shall yield the right-
of-way to pedestrians and shall give an audible signal before overtaking and passing a
pedestrian.
(2) No person shall operate an electric motorized scooter upon a sidewalk which abuts a
building, when riding on the sidewalk would endanger pedestrians, or where operation of
an electric motorized scooter on a sidewalk is prohibited by an official traffic control device.
(3) Any individual operating an electric motorized scooter within a pedestrian crosswalk must
yield the right-of-way to motor vehicle traffic and pedestrians. To earn the protections of a
pedestrian, an individual must dismount, walk the electric motorized scooter, and obey
applicable traffic control devices.
(D) Riding on Roadways and Bicycle Facilities
(1) Any person operating an electric motorized scooter upon a roadway at less than the normal
and reasonable speed of traffic shall ride in the right hand lane of the roadway subject to
the following provisions:
a)lf the right hand lane is wide enough to be safely shared with overtaking vehicles,
a person operating an electric motorized scooter shall ride far enough to the right
as judged safe by a reasonable scooter user to facilitate the movement of such
overtaking vehicles unless other conditions make it unsafe to do so.
b) A person operating an electric motorized scooter may use a lane other than the
right hand lane when:
i. Passing another vehicle;
ii. Preparing for a left turn;
iii. Avoiding conditions, including, but not limited to, fixed or moving objects,
or surface hazards;
iv. Lanes are too narrow for an electric motorized scooter and vehicle to travel
safely side by side;
V. Approaching an intersection where there is a designated right turn lane
and the scooter user does not intend to turn right, the scooter user may
ride on the left-hand side of such designated lane;
vi. Riding on a roadway designated for one-way traffic, when the scooter user
may ride as near to the left-hand curb or edge of such roadway as judged
safe by the scooter user; or
vii. Riding on parts of roadways designated for bicycles.
(2) A scooter user shall not be expected or required to:
a) Ride over or through any hazards or apparent hazards.
b) Ride without a reasonable safety margin on the right-hand side of the roadway.
c)A person operating an electric motorized scooter in compliance with this section
and not violating any other section of law is not impeding traffic.
(E) The operator of an electric motorized scooter emerging from an alley, driveway or building shall,
upon approaching a sidewalk or the sidewalk area extending across the alleyway, yield the right-
of-way to all pedestrians approaching on such sidewalk area and, upon entering the roadway, shall
yield the right-of-way to all vehicles approaching on such roadway
(F) No person riding upon any electric motorized scooter shall attach either the scooter or the rider to
any vehicle upon a roadway.
(G) No person operating an electric motorized scooter shall carry any package, bundle or article,
which prevents the rider from keeping at least one (1) hand upon the handlebars.
§ 75.03 Parking of electric motorized scooters
(A) Electric motorized scooters may not be parked in a manner that would impede normal and
reasonable pedestrian access on a sidewalk or in any manner that would reduce the minimum clear
width of a sidewalk to less than 48 inches.
(B) Electric motorized scooters may not be parked in a manner that violates the Americans with
Disabilities Act.
(C) Electric motorized scooters may not be parked in a manner that would impede vehicular traffic on
a street or alley.
(D) Electric motorized scooters may not be parked in a manner that would impose a threat to public
safety or security.
(E) Electric motorized scooters may not be parked on a public street without specific permission from
the City.
(F) Electric motorized scooters may not be deployed on a block where the sidewalk is less than 96
inches in width, or on a block that does not have sidewalks. The City may determine other blocks
or areas where deploying electric motorized scooters are prohibited.
(G) Electric motorized scooters must be deployed on a sidewalk or other hard surface, at a bicycle
rack, or at a city -owned location. Electric motorized scooters may only be deployed on private
property with the permission of the property owner.
(H) Electric motorized scooters must stand upright while parked.
(1) Electric motorized scooters may not be parked within five feet of a crosswalk or curb ramp, unless
given specific permission by the City.
(J) Electric motorized scooters may not be parked in a way that blocks:
(1) Transit stops, shelters, or platforms.
(2) Commercial loading zones.
(3) Railroad or light rail tracks or crossings.
(4) Passenger loading zones or valet parking service areas.
(5) Disabled parking zones.
(6) Street furniture that requires pedestrian access (for example, benches or parking pay
stations).
(7) Building entryways.
(8) Vehicular driveways.
(K) Electric motorized scooters parked along multi -use trails may only be parked at trailheads or other
areas identified by the City.
(L) Electric motorized scooters that are parked in an incorrect manner must be re -parked or removed
by the operator within two hours of receiving notice from the City on weekdays between 6:00 a.m.
and 6:00 p.m. (excluding holidays) and within 12 hours of receiving notice from the City at all other
times.
(M) Electric motorized scooters that are parked in a residential area may remain in the same location
for up to 48 hours as long as it is parked in accordance with this section. An operator shall relocate
or rebalance electric motorized scooters parked in a residential area after receiving a citizen
request or complaint in accordance with the timeframes specified in §75.11(P)
§ 75.04 Safety Regulations
Electric motorized scooters shall be equipped with a brake and, for those units that operate at night, a front
light that emits white light as well as a red light and reflector at the rear of the unit. All electric motorized
scooters shall have front and back lights that are always on and are visible from a distance of at least 500
feet under normal atmospheric conditions at night. Front and rear lights must stay on at least 90 seconds
after the unit has stopped.
ARTICLE II —REGULATIONS APPLICABLE TO SCOOTER -SHARE PROGRAMS AND SCOOTER -
SHARE OPERATORS
§75.10 Permit required
(A) A person commits an offense if, within the city, he or she operates, or causes or permits the
operation of, a scooter -share program without a valid operating authority permit issued under this
Chapter.
(B) Issuance of a permit does not authorize the operation of a shared scooter on the University of
Arkansas campus or private property without the approval of the property owner.
(C) The total number of permits issued by the City for shared scooters shall not exceed 1,000 at any
time.
(D) Application for operating authority permit
(1) To obtain an operating authority permit, a person shall make application in the manner and
on the form prescribed by the City. The applicant must be the person who will own, control,
or operate the proposed shared scooter program.
(2) An application shall be accompanied by the non-refundable application fee and shall
contain at least the following information:
a. The form of business of the applicant and, if the business is a corporation or
association, a copy of the documents establishing the business and the name and
address of each person with a 20 percent or greater ownership interest in the
business;
b. The verified signature of the applicant;
c. The address of the fixed facilities to be used in the operation, if any, and the
address of the applicant's corporate headquarters, if different from the address of
the fixed facilities,
d. The name of the person designated by the applicant to receive on behalf of the
applicant any future notices sent by the city to the operator, and that person's
contact information, including a mailing address, telephone number, and email
address;
e. Documentary evidence from an insurance company indicating that such insurance
company has bound itself to provide the applicant with the liability insurance
required by this Chapter;
f. Documentary evidence of payment of ad valorem taxes on property within the city,
if any, to be used in connection with the operation of the proposed shared scooter
program;
g. The number and types of shared scooters to be operated; and
h. An agreement to indemnify the city.
(3) An operating authority permit may be renewed following the process in this section.
(4) Application and fleet fees.
(1) The initial application for an operating authority permit must be accompanied by an
application fee of $150.00 and a fee of $20.00 per shared scooter in the operator's
fleet. Applications to renew an operating authority permit must be accompanied by an
application fee of $100.00 and a fee of $20.00 per shared scooter in the operator's
fleet.
(2) Fees collected pursuant to this subsection shall first be applied to the costs incurred
by the City for administering the scooter share permit program and then to
infrastructure improvements and maintenance related to the operation of electric
motorized scooters.
(E) Changes to information in operating authority application.
(1) Any changes to the information provided in the operating authority permit application must
be reported to the City, in the manner prescribed by the City, within 10 days of the change.
(2) If the information reported to the City under this section includes an increase in the number
of shared scooters, any additional vehicle fees due shall be submitted to the City
simultaneously with the change in information.
(F) An operating authority permit expires six (6) months from the date it is issued.
(G) An Operator's initial fleet must be a minimum of 100 shared scooters and shall not exceed 250
shared scooters. Operators may request an increase to their initial fleet of up to 250 shared
scooters as part of their first permit renewal. A request for an increase in fleet size shall include a
rationale and analysis to justify the additional fleet size. Authorization of additional units is at the
sole discretion of the City. Operators shall be limited to a maximum of 500 shared scooters in their
fleets.
(H) A scooter -share operator or scooter -share program shall not charge a per minute fee to users
exceeding 1/5 1h the cost to unlock a shared scooter.
(1) Refusal to issue or renew operating authority permit.
(1) The City shall refuse to issue or renew an operating authority permit if the applicant:
a. intentionally or knowingly makes a false statement as to a material matter in an
application for a permit or permit renewal; or
b. has been convicted twice within a 12 -month period for a violation of this article
regarding the deployment of a shared scooter or the rebalancing or removal of a
dockless vehicle, or a rule or regulation adopted under this article regarding the
deployment of a shared scooter or the rebalancing or removal of a shared scooter, or
has had an operating authority permit revoked within two years of the date of
application.
(2) If the City determines that a permit should be denied, the City shall notify the applicant or
operator in writing that the application is denied and include in the notice the specific reason or
reasons for denial and a statement` informing the applicant or operator of the right to, and the
process for, appeal of the decision.
(J) Suspension or revocation of operating authority permit.
(1) The City may suspend an operating authority permit if the City determines that the operator
failed to comply with a request to remove a shared scooter or a request to rebalance shared
scooters issued by the City within the time specified in the order. Suspension of an
operating authority permit does not affect the expiration date of the permit.
(2) The City shall revoke an operating authority permit if the City determines that the operator
has:
a. made a false statement as to a material matter in the application concerning the
operating authority permit;
b. failed to maintain the insurance required by this article;
c. operated shared scooters that were not authorized by the operating authority
permit; or
d. failed to pay a fee required by this article.
(3) After revocation of an operating authority permit, an operator is not eligible for another
permit for a period of up to two years, depending on the severity of the violation resulting
in the revocation.
(K) Appeals. Any person whose application for an operating authority permit, or renewal of an operating
authority permit, is denied by the City, or an operator whose operating authority permit has been
revoked or suspended by the City, may appeal the decision to the City Council by filing a written
notice in the City Clerk's office within ten (10) business days of the decision.
§ 75.11 Operation of scooter -share programs
Scooter -share operators shall comply with the following requirements for scooter -share programs:
(A) Operators shall provide a method for users to utilize shared -scooter programs without a
smartphone.
(B) Rates for shared scooters shall be clearly and understandably communicated to customers prior to
use.
(C) Shared scooters programs shall ensure that its application and website educates users about how
to comply with the general operation, parking, and safety regulations set forth in § 75.05-75.07.
(D) Shared scooters 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 collections, and incident
investigation.
(E) Shared scooters shall be high quality, sturdily built to withstand the rigors of outdoor storage and
constant use.
(F) Shared scooters shall employ tamper-resistant security hardware.
(G) Shared scooters used in systems issued a license must employ an electric motor of less than 750
watts (1 h.p.).
(H) Operators must have the ability to implement no -ride zones, the ability to slow scooters, and the
ability to prevent parking in areas identified by the City. Operators must also have the ability to
require shared scooters to be parked in certain areas designated by the City.
(1) Shared scooters 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.
(J) For all shared scooters used the maximum motor -assist speed for licensed units shall be 15 mph,
when ridden in the street environment.
(K) Shared scooters shall be able to securely stand upright when parked.
(L) Shared scooters shall be inspected when removed from routine service, to ensure that all of its
components are present and functioning properly.
(M) Operators must be capable of quickly identifying and addressing safety and maintenance issues
with shared scooters, including a mechanism for customers to notify the company that there is a
safety or maintenance concern with the scooter.
(N) Operators must be capable of remotely disabling the use of a unit if it is reported or found to have
a safety, maintenance, or other hazardous condition. Scooters that are reported as unsafe or non-
functional shall be immediately deactivated for rental and removed from operations until repaired.
(0) Operators shall remove any unit that is not safe to operate within four (4) hours of receipt of notice
and shall not be redeployed until repaired.
(P) Operators shall respond to complaints and obstructions within the following time frames:
(1) Sidewalk obstructions — 60 minutes
(2) Travel and bicycle lanes — 60 minutes
(3) Transit stop obstructions — 60 minutes
(4) Environmentally sensitive area — 60 minutes
(5) Private property — 2 hours
(6) Other obstructions and nuisances — 2 hours
(7) Unauthorized portions of parks and trails — 2 hours
(8) Other unauthorized areas — 2 hours
(Q) Operators shall have a program in place to ensure proper recycling and disposal of batteries under
universal waste battery disposal standards pursuant to Title 40 of the Code of Federal Regulations,
Part 273.
§ 75.12 Identification of shared scooters
Scooter -share operators shall ensure that each shared scooter:
(A) Clearly displays the emblem of the operator;
(B) Clearly displays the operator's customer support information including customer service phone
number, website, and application; and
(C) Bears a unique alphanumeric identification number that is visible from a distance of five feet
(5) and is not covered by a branding or other marking.
§ 75.13 Minimum insurance requirements
(A) A scooter -share operator shall carry the following insurance coverage dedicated exclusively for
operation of a shared scooter and shall provide a valid certificate insurance each year the
operator's permit is renewed:
(1) Commercial general liability insurance coverage with a limit of no less than one million
dollars ($1,000,000) for each occurrence and five million dollars ($5,000,000) aggregate;
(2) Umbrella or excess liability coverage with a limit of no less than five million dollars
($5,000,000) for each occurrence and five 35 million dollars ($5,000,000) aggregate; and
(3) Workers' compensation coverage as required by law.
(B) A valid certificate of insurance evidencing the coverage required by this section shall be submitted
within ten (10) days of the issuance of an initial operating authority permit.
(C) Scooter -share operators may not be self-insured.
(D) Insurance required by this section shall include a cancellation provision in which the insurance
company is required to notify the City in writing not fewer than ten (10) days before cancelling the
insurance policy for any reason or before making a reduction in coverage.
§ 75.14 Data Sharing
(A) A scooter -share operator shall provide:
(1) Anonymized fleet and ride activity data for all trips starting or ending within the City of
Fayetteville;
(2) All ride activity data for any trip resulting in an accident report.
(B) Such data shall include:
a. Total number of daily, weekly, and monthly riders;
b. Total number of vehicles in service for the reporting period;
c. Aggregated monthly summary data in the form of heat maps showing routes, trends,
origins, and destinations,
d. Total number of miles traveled daily, weekly, and monthly by users;
e. Average time each shared scooter spends available (not in use);
f. A report or chart showing the times and days when more than 75% of a fleet is in use at
one time;
g. Duration of ride per day of the week;
h. Summary of fleet numbers lost to theft or vandalism;
i. Summary of customer comments, complaints, and requests for service; resolutions to
comments, complaints, and requests for service; and the time it took to resolve any
complaint or request for service; and
j. Monthly summary of repairs per shared scooter; and
k. Any other report requested by the City.
(C) Such data shall be provided to the City of Fayetteville at least monthly.
I A
OFFICE OF THE
Ci'ry ATTORNEY
TO:
FROM:
DATE:
DEPARTMENTAL, CORRESPONDENCE
Kit Williams
(-it'v Attorney
Blake Pennington
Assista;nt(:ity iftc�r�ari
Mayor Jordan Jodi Bauer
City Council
Blake Pennington, Assistant City Attorne3;-V�
Peter Nierengarten, Environmental Director
July 11, 2019
RE: Final Recommended E -Scooter Ordinance Revisions
During Tuesday's agenda session, Peter Nierengarten and I presented
some proposed amendments in § 75.10 that are our attempts to incorporate
some of your concerns and recommendations. In addition to those changes,
we have discovered during the process of designing the application that a
couple more changes to the application process will benefit both applicants
and staff during the permitting process. Attached is what we believe is the
final recommendation by the Administration for the electric scooter
ordinance. If you agree with these changes, please move to amend the
ordinance next Tuesday.
1. § 75.10(C) - Reduced the initial maximum number of deployed
scooters from 1000 to 500 during the first 6 months of operation. Also
removed the upper limit on permits; this is done in conjunction with
changes that would allow administrative approval of additional
permits based on demand and consideration of safety and other
factors related to the continued safe operation of the scooter share
programs in § 75.10(G).
2. §75.10(D)(2) - Removed the requirement for a verified signature
which is difficult to require in an electronic application.
Page Two - Final Recommended E -Scooter ordinance
3. § 75.10(D)(4) - Separated application fees and per -scooter fees; the
proposed change will allow an applicant to pay the application or
renewal fee at the time an application is submitted online but per -
scooter fees would not be collected until just before initial or renewal
permits are issued.
4. § 75.10(G) - Clarifies the administrative adjustment procedure; (G)(1)
removes the limit on the number of scooters in a fleet but still
requires rationale and analysis proving the need exists; (G) (2) allows
(but does not require) the administration to reduce a fleet size if the
target average of 2 rides per day per scooter is not met; and (G)(3)
would allow the administration to create zones to ensure a balance of
scooters throughout town. This zoning could be similar to how
Austin dealt with the balance issue by creating a downtown core
zone (see attached map) and then requiring additional scooters to be
deployed outside of that core.
5. § 75.10(I & J) - Strengthens the ability of the administration to refuse
to issue initial or renewal permits as well as revoke or suspend
permits for violations of the e -scooter ordinances.
2
EXHIBIT A
Chapter 75
ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE PROGRAMS
ARTICLE I GENERAL PROVISIONS
§ 75.01 Definitions
(A)(1) "Electric motorized scooter" means a device that:
(i) Weighs less than one hundred pounds (100 lbs);
(ii) Has two (2) or three (3) wheels;
(iii) Has a handlebar;
(iv) Is equipped with a floorboard that can be used to stand on while riding the electric motorized
scooter;
(v) Is powered by an electric motor; and
(vi) Has a maximum speed of twenty miles per hour (20 m.p.h.) with or without human propulsion
on a paved level surface.
(2) "Electric motorized scooter' does not include A motorcycle, an electric bicycle, an electric personal
assisted mobility device, a motor -driven cycle, a motorized bicycle as defined in Ark. Code Ann. § 27-20-
101, a moped; or an electric bicycle under Ark. Code Ann. § 27-51-1702;
(B) "Scooter -share operator' means a person or company offering a shared scooter for hire;
(C) "Scooter -share program" means a service in which a shared scooter is made available to use for hire;
and
(D) "Shared scooter' means an electric motorized scooter offered for hire.
§ 75.02 Operation of electric motorized scooters
Electric motorized scooters operated within the City of Fayetteville, whether privately owned or part of a
scooter -share program, are subject to the following regulations:
(A) Electric motorized scooters shall not be operated by a person under sixteen (16) years of age;
(B) Electric motorized scooters shall not be operated at a speed greater than fifteen (15) miles per
hour;
(C) Operation on sidewalks
(1) Any individual operating an electric motorized scooter upon a sidewalk shall yield the right-
of-way to pedestrians and shall give an audible signal before overtaking and passing a
pedestrian.
(2) No person shall operate an electric motorized scooter upon a sidewalk which abuts a
building, when riding on the sidewalk would endanger pedestrians, or where operation of
an electric motorized scooter on a sidewalk is prohibited by an official traffic control device.
(3) Any individual operating an electric motorized scooter within a pedestrian crosswalk must
yield the right-of-way to motor vehicle traffic and pedestrians. To earn the protections of a
pedestrian, an individual must dismount, walk the electric motorized scooter, and obey
applicable traffic control devices.
(D) Riding on Roadways and Bicycle Facilities
(1) Any person operating an electric motorized scooter upon a roadway at less than the normal
and reasonable speed of traffic shall ride in the right hand lane of the roadway subject to
the following provisions:
a)lf the right hand lane is wide enough to be safely shared with overtaking vehicles,
a person operating an electric motorized scooter shall ride far enough to the right
as judged safe by a reasonable scooter user to facilitate the movement of such
overtaking vehicles unless other conditions make it unsafe to do so.
b) A person operating an electric motorized scooter may use a lane other than the
right hand lane when:
i. Passing another vehicle;
ii. Preparing for a left turn;
iii. Avoiding conditions, including, but not limited to, fixed or moving objects,
or surface hazards;
iv. Lanes are too narrow for an electric motorized scooter and vehicle to travel
safely side by side;
V. Approaching an intersection where there is a designated right turn lane
and the scooter user does not intend to turn right, the scooter user may
ride on the left-hand side of such designated lane;
vi. Riding on a roadway designated for one-way traffic, when the scooter user
may ride as near to the left-hand curb or edge of such roadway as judged
safe by the scooter user; or
vii. Riding on parts of roadways designated for bicycles.
(2) A scooter user shall not be expected or required to:
a) Ride over or through any hazards or apparent hazards.
b) Ride without a reasonable safety margin on the right-hand side of the roadway.
c)A person operating an electric motorized scooter in compliance with this section
and not violating any other section of law is not impeding traffic.
(E) The operator of an electric motorized scooter emerging from an alley, driveway or building shall,
upon approaching a sidewalk or the sidewalk area extending across the alleyway, yield the right-
of-way to all pedestrians approaching on such sidewalk area and, upon entering the roadway, shall
yield the right-of-way to all vehicles approaching on such roadway
(F) No person riding upon any electric motorized scooter shall attach either the scooter or the rider to
any vehicle upon a roadway.
(G) No person operating an electric motorized scooter shall carry any package, bundle or article,
which prevents the rider from keeping at least one (1) hand upon the handlebars.
§ 75.03 Parking of electric motorized scooters
(A) Electric motorized scooters may not be parked in a manner that would impede normal and
reasonable pedestrian access on a sidewalk or in any manner that would reduce the minimum clear
width of a sidewalk to less than 48 inches.
(B) Electric motorized scooters may not be parked in a manner that violates the Americans with
Disabilities Act.
(C) Electric motorized scooters may not be parked in a manner that would impede vehicular traffic on
a street or alley.
(D) Electric motorized scooters may not be parked in a manner that would impose a threat to public
safety or security.
(E) Electric motorized scooters may not be parked on a public street without specific permission from
the City.
(F) Electric motorized scooters may not be deployed on a block where the sidewalk is less than 96
inches in width, or on a block that does not have sidewalks. The City may determine other blocks
or areas where deploying electric motorized scooters are prohibited.
(G) Electric motorized scooters must be deployed on a sidewalk or other hard surface, at a bicycle
rack, or at a city -owned location. Electric motorized scooters may only be deployed on private
property with the permission of the property owner.
(H) Electric motorized scooters must stand upright while parked.
(1) Electric motorized scooters may not be parked within five feet of a crosswalk or curb ramp, unless
given specific permission by the City.
(J) Electric motorized scooters may not be parked in a way that blocks:
(1) Transit stops, shelters, or platforms.
(2) Commercial loading zones.
(3) Railroad or light rail tracks or crossings.
(4) Passenger loading zones or valet parking service areas.
(5) Disabled parking zones.
(6) Street furniture that requires pedestrian access (for example, benches or parking pay
stations).
(7) Building entryways.
(8) Vehicular driveways.
(K) Electric motorized scooters parked along multi -use trails may only be parked at trailheads or other
areas identified by the City.
(L) Electric motorized scooters that are parked in an incorrect manner must be re -parked or removed
by the operator within two hours of receiving notice from the City on weekdays between 6:00 a.m.
and 6:00 p.m. (excluding holidays) and within 12 hours of receiving notice from the City at all other
times.
(M) Electric motorized scooters that are parked in a residential area may remain in the same location
for up to 48 hours as long as it is parked in accordance with this section. An operator shall relocate
or rebalance electric motorized scooters parked in a residential area after receiving a citizen
request or complaint in accordance with the timeframes specified in §75.11(P)
§ 75.04 Safety Regulations
Electric motorized scooters shall be equipped with a brake and, for those units that operate at night, a front
light that emits white light as well as a red light and reflector at the rear of the unit. All electric motorized
scooters shall have front and back lights that are always on and are visible from a distance of at least 500
feet under normal atmospheric conditions at night. Front and rear lights must stay on at least 90 seconds
after the unit has stopped.
ARTICLE II —REGULATIONS APPLICABLE TO SCOOTER -SHARE PROGRAMS AND SCOOTER -
SHARE OPERATORS
§75.10 Permit required
(A) A person commits an offense if, within the city, he or she operates, or causes or permits the
operation of, a scooter -share program without a valid operating authority permit issued under this
Chapter.
(B) Issuance of a permit does not authorize the operation of a shared scooter on the University of
Arkansas campus or private property without the approval of the property owner.
(C) The total number of initial permits issued by the City for shared scooters shall not exceed 4,099500
at
(D) Application for operating authority permit
(1) To obtain an operating authority permit, a person shall make application in the manner and
on the form prescribed by the City. The applicant must be the person who will own, control,
or operate the proposed shared scooter program.
(2) An application shall be accompanied by the non-refundable application fee and shall
contain at least the following information:
a. The form of business of the applicant and, if the business is a corporation or
association, a copy of the documents establishing the business and the name and
address of each person with a 20 percent or greater ownership interest in the
business;
b. The verified signature of the applicant;
c. The address of the fixed facilities to be used in the operation, if any, and the
address of the applicant's corporate headquarters, if different from the address of
the fixed facilities;
d. The name of the person designated by the applicant to receive on behalf of the
applicant any future notices sent by the city to the operator, and that person's
contact information, including a mailing address, telephone number, and email
address;
e. Documentary evidence from an insurance company indicating that such insurance
company has bound itself to provide the applicant with the liability insurance
required by this Chapter;
f. Documentary evidence of payment of ad valorem taxes on property within the city,
if any, to be used in connection with the operation of the proposed shared scooter
program;
g. The number and types of shared scooters to be operated; and
h. An agreement to indemnify the city.
(3) An operating authority permit may be renewed following the process in this section.
(4) Application and fleet fees.
(1) The initial application for an operating authority permit must be accompanied by ap the
non-refundable application fee of $150.00. and aA-fee of $20.00 per shared scooter in
the operator's fleet shall be paid prior to the issuance of any permits. Applications to
renew an operating authority permit must be accompanied by a_non-refundable
application fee of $100.00,and aA fee of $20.00 per shared scooter in the operator's
fleet shall be paid prior to the issuance of renewal permits.
(2) Fees collected pursuant to this subsection shall first be applied to the costs incurred
by the City for administering the scooter share permit program and then to
infrastructure improvements and maintenance related to the operation of electric
motorized scooters.
(E) Changes to information in operating authority application.
(1) Any changes to the information provided in the operating authority permit application must
be reported to the City, in the manner prescribed by the City, within 10 days of the change.
(2) If the information reported to the City under this section includes an increase in the number
of shared scooters, any additional vehicle fees due shall be submitted to the City
simultaneously with the change in information.
(F) An operating authority permit expires six (6) months from the date it is issued.
(G) Operator Fleets.
L1hAn Operator's initial fleet must be a minimum of 100 shared scooters and shall not exceed 250
shared scooters. Operators may request an increase to their initial fleet of up to 250 additional
shared scooters as part of festa permit renewal. A request for an increase in fleet size
shall include a rationale and analysis to justify the additional fleet size. Authorization of
additional units is at the sole discretion of the City. Operaters shall be limited t
500 shared c E)OteFS iR hPir flAtAq,
(2) The total number of deployed scooters in an operator's fleet must maintain a minimum average
of 2 trips per scooter per day, determined by monthly usage. Should this demand not be met
the City may require a portion of the scooters to be relocated or removed.
�-1-)(3) The City may establish zones to limit or require the deployment of scooters in certain areas
to ensure that scooters are accessible to the public across the City.
(H) A scooter -share operator or scooter -share program shall not charge a per minute fee to users
exceeding 1/51h the cost to unlock a shared scooter.
(1) Refusal to issue or renew operating authority permit.
(1) The City shall refuse to issue or renew an operating authority permit if the applicant:
a. intentionally or knowingly makes a false statement as to a material matter in an
application for a permit or permit renewal;
b. has been convicted twice within a 12 -month period for a violation of this article
regarding the deployment of a shared scooter or the rebalancing or removal of a
dockless vehicle, or a rule or regulation adopted under this article regarding the
deployment of a shared scooter or the rebalancing or removal of a shared scooter, or
has had an operating authority permit revoked within two years of the date of
application -.Lor
c. has deployed unpermitted electric scooters within the City of Fayetteville in violation of
this chapter.
(2) If the City determines that a permit should be denied, the City shall notify the applicant or
operator in writing that the application is denied and include in the notice the specific reason or
reasons for denial and a statement informing the applicant or operator of the right to, and the
process for, appeal of the decision.
(J) Suspension or revocation of operating authority permit.
(1) The City may suspend an operating authority permit if the City determines that the operator
failed to comply with a request to remove a shared scooter -494:-a request to rebalance
shared scooters issued by the City within the time specified in the order, or for failure to
comply with any other requirement in this chapter. Suspension of an operating authority
permit does not affect the expiration date of the permit.
(2) The City sha*-Mgy_revoke an operating authority permit if the City determines that the
operator has:
a. made a false statement as to a material matter in the application concerning the
operating authority permit;
b. failed to maintain the insurance required by this article;
c. operated shared scooters that were not authorized by the operating authority
permit; eF
d failed to pay a fee required by this article-, or
d.e. failed to comply with the provisions of this chapter.
(3) After revocation of an operating authority permit, an operator is not eligible for another
permit for a period of up to two years, depending on the severity of the violation resulting
in the revocation.
(K) Appeals. Any person whose application for an operating authority permit, or renewal of an operating
authority permit, is denied by the City, or an operator whose operating authority permit has been
revoked or suspended by the City, may appeal the decision to the City Council by filing a written
notice in the City Clerk's office within ten (10) business days of the decision.
§ 75.11 Operation of scooter -share programs
Scooter -share operators shall comply with the following requirements for scooter -share programs:
(A) Operators shall provide a method for users to utilize shared -scooter programs without a
smartphone.
(B) Rates for shared scooters shall be clearly and understandably communicated to customers prior to
use.
(C) Shared scooters programs shall ensure that its application and website educates users about how
to comply with the general operation, parking, and safety regulations set forth in § 75.05-75.07.
(D) Shared scooters 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 collections, and incident
investigation.
(E) Shared scooters shall be high quality, sturdily built to withstand the rigors of outdoor storage and
constant use.
(F) Shared scooters shall employ tamper-resistant security hardware.
(G) Shared scooters used in systems issued a license must employ an electric motor of less than 750
watts (1 h.p.).
(H) Operators must have the ability to implement no -ride zones, the ability to slow scooters, and the
ability to prevent parking in areas identified by the City. Operators must also have the ability to
require shared scooters to be parked in certain areas designated by the City.
(1) Shared scooters 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.
(J) For all shared scooters used the maximum motor -assist speed for licensed units shall be 15 mph,
when ridden in the street environment.
(K) Shared scooters shall be able to securely stand upright when parked.
(L) Shared scooters shall be inspected when removed from routine service, to ensure that all of its
components are present and functioning properly.
(M) Operators must be capable of quickly identifying and addressing safety and maintenance issues
with shared scooters, including a mechanism for customers to notify the company that there is a
safety or maintenance concern with the scooter.
(N) Operators must be capable of remotely disabling the use of a unit if it is reported or found to have
a safety, maintenance, or other hazardous condition. Scooters that are reported as unsafe or non-
functional shall be immediately deactivated for rental and removed from operations until repaired.
(0) Operators shall remove any unit that is not safe to operate within four (4) hours of receipt of notice
and shall not be redeployed until repaired.
(P) Operators shall respond to complaints and obstructions within the following time frames:
(1) Sidewalk obstructions — 60 minutes
(2) Travel and bicycle lanes — 60 minutes
(3) Transit stop obstructions — 60 minutes
(4) Environmentally sensitive area — 60 minutes
(5) Private property — 2 hours
(6) Other obstructions and nuisances — 2 hours
(7) Unauthorized portions of parks and trails — 2 hours
(8) Other unauthorized areas — 2 hours
(Q) Operators shall have a program in place to ensure proper recycling and disposal of batteries under
universal waste battery disposal standards pursuant to Title 40 of the Code of Federal Regulations,
Part 273.
§ 75.12 Identification of shared scooters
Scooter -share operators shall ensure that each shared scooter:
(A) Clearly displays the emblem of the operator;
(B) Clearly displays the operator's customer support information including customer service phone
number, website, and application; and
(C) Bears a unique alphanumeric identification number that is visible from a distance of five feet
(5') and is not covered by a branding or other marking.
§ 75.13 Minimum insurance requirements
(A) A scooter -share operator shall carry the following insurance coverage dedicated exclusively for
operation of a shared scooter and shall provide a valid certificate insurance each year the
operator's permit is renewed:
(1) Commercial general liability insurance coverage with a limit of no less than one million
dollars ($1,000,000) for each occurrence and five million dollars ($5,000,000) aggregate;
(2) Umbrella or excess liability coverage with a limit of no less than five million dollars
($5,000,000) for each occurrence and five 35 million dollars ($5,000,000) aggregate; and
(3) Workers' compensation coverage as required by law.
(B) A valid certificate of insurance evidencing the coverage required by this section shall be submitted
within ten (10) days of the issuance of an initial operating authority permit.
(C) Scooter -share operators may not be self-insured.
(D) Insurance required by this section shall include a cancellation provision in which the insurance
company is required to notify the City in writing not fewer than ten (10) days before cancelling the
insurance policy for any reason or before making a reduction in coverage.
§ 75.14 Data Sharing
(A) A scooter -share operator shall provide:
(1) Anonymized fleet and ride activity data for all trips starting or ending within the City of
Fayetteville;
(2) All ride activity data for any trip resulting in an accident report.
(B) Such data shall include:
a. Total number of daily, weekly, and monthly riders;
b. Total number of vehicles in service for the reporting period;
c. Aggregated monthly summary data in the form of heat maps showing routes, trends,
origins, and destinations;
d. Total number of miles traveled daily, weekly, and monthly by users;
e. Average time each shared scooter spends available (not in use);
f. A report or chart showing the times and days when more than 75% of a fleet is in use at
one time;
g. Duration of ride per day of the week;
h. Summary of fleet numbers lost to theft or vandalism;
i. Summary of customer comments, complaints, and requests for service; resolutions to
comments, complaints, and requests for service; and the time it took to resolve any
complaint or request for service; and
j. Monthly summary of repairs per shared scooter; and
k. Any other report requested by the City.
(C) Such data shall be provided to the City of Fayetteville at least monthly.
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DOWNTOWN AUSTIN PROJECT COORDINATION ZONE
T?A-PcZ= 3y O -o (DAPCZ)
RECEIVED
AUG 01 2019
NORTHWEST ARKANSAS �rF,6E
vem0ct aQtte
T
AFFIDAVIT OF PUBLICATION
I Carla Gardner, do solemnly swear that I am the Finance Director of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of-
CITY
£
CITY OF FAYETTEVILLE
Ord. 6205
Was inserted in the Regular Edition on:
July 25, 2019
Pub ication Charges: 117.00
(�,CL,jnn
Carla Gardner
Subscribed and sworn to before me
This Zloday of 4" 12019.
0a:T7,W'O"
Notary Public i— r
My Commission Expires:
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024
r,
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6205
File Number: 2019-0407
ENACT CHAPTER 75 ELECTRIC
MOTORIZED SCOOTERS AND SCOOTER -
SHARE PROGRAMS:
AN ORDINANCE TO ENACT CHAPTER 75
ELECTRIC MOTORIZED SCOOTERS AND
SCOOTER -SHARE PROGRAMS
WHEREAS, the Arkansas General Assembly
enacted Act 1015 of 2019, the Electric
Motorized Scooter Act, which authorizes the
deployment of electric scooters and scooter -
share programs throughout the State of
Arkansas; and
WHEREAS, the Electric Motorized Scooter Act
does not allow cities to prohibit the operation of
scooter -share programs but authorizes local
authorities to enact reasonable regulations; and
WHEREAS, the Electric Motorized Scooter Act
goes into effect on July 24, 2019, and the City's
regulations and permitting process need to be
effective prior to the expected deployment of
hundreds of electric scooters city-wide.
NOW, THEREFORE, BE 1T ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of
Fayetteville, Arkansas hereby enacts Chapter 75
Electric Motorized Scooters and Scooter -Share
Programs of the Fayetteville City Code as shown
in Exhibit "A" attached hereto and made a part
hereof.
Section 2: That the City Council of the City of
Fayetteville, Arkansas hereby determines that
this ordinance should become effective without
delay so that reasonable regulations regarding
the safe operation of electric motor scooters and
scooter -share programs, which are necessary for
the public peace as well as the health and safety
of Fayetteville residents, are in place before the
expected deployment of hundreds of electric
scooters across the City. Therefore, the City
Council hereby declares an emergency exists
such that this ordinance shall become effective
immediately upon its passage and approval
PASSED and APPROVED on 7/16/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
75020598 July 25, 2019