Published in The Journal Record 2018) ORDINANCE 0. AN ORDINANCE RELATING TO BUSINESS AND GENERAL SCHEDULE OF AMENDING CHAPTER 13 AND CHAPTER 60, OF THE OKLAHOMA CITY MUNICIPAL CODE, 2010, BY ADOPTING NEW SECTION 13-244 DEFINITIONS, SECTION 13-245 SHARE SYSTEM LICENSE, SECTION 13-246 APPLICATION, 13-247 NUMBER OF SHARE VEHICLES IN FLEET, 13-248 PARKING, 13-249 RESTRICTIONS, 13-250 RECORDS, 13-251 INSURANCE, INDEMNIFICATION, BOND, SECTION 13?252 COMPLIANCE, SECTION 13?253 LICENSE SUSPENSION REVOCATION, SECTION 13-254 SHARE SYSTEM FEES, SECTION 60-13-36 SHARE VEHICLE BUSINESSES. ORDINANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OKLAHOMA CITY: SECTION 1. That a new Division 1. Generally, of Article IX. Share Vehicle Businesses and new Sections 13-244, 13-245, 13-246, 13-247, 13-248, 13-249, 13-250, 13-251, 13-252, 13- 253, 13-254 of Chapter 13 of the Oklahoma City Municipal Code, 2010, are hereby adopted to read as follows: CHAPTER 13 BUSINESSES ARTICLE IX. SHARE VEHICLE BUSINESSES Division 1. Generally ?13-244. Definitions. The following words, terms and phrases, when used in this article, must have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1) City Manager is the City Manager of the City or his/her designee. 2) Customer is a person that rents or uses a share vehicle from a share company. 3) Geo-fencing technology to create a virtual geographic boundary enabling software to trigger a response when a mobile device enters or leaves a geographic location. 4) Restricted right of way are the locations where the City may designate as prohibiting share vehicle parking, entering, or traversing. 5) Share company is any business which owns and/0r operates a share system and share vehicles. 6) Share system is a structure by which share companies provide share vehicles for short-term rentals for point to point trips. 7) Share vehicle is any and all share vehicles, scooters, including but not limited to any pedal, electric, and motorized vehicles which are made available for rent via a cell phone application or cellular device attached to the share vehicle or through a website. ?13-245. Share Vehicle System License. Any person which keeps, offers, rents, owns, operates, maintains, or controls any share system within the City of Oklahoma City utilizing the rights-of-ways must have a license from the City. Such a license must expire as provided in Section 26?1 1, unless timely renewed or sooner suspended or revoked as provided in this division. Every Licensee must pay to the City the license fee, share vehicle fees, and any other applicable fees established in Chapter 60, the General Schedule of Fees. Share systems owned by the City, or one of its participating trusts, are exempt from the required license and all applicable fees. ?13-246. ?Application. An applicant for a license pursuant to this division must provide any and all information requested including the following: (A) Proof of licensee?s business ?ling with the Oklahoma Secretary of State, in compliance with State law; and (B) Registered Agent?s information on ?le with the Oklahoma Secretary of State, in compliance with State law; and (C) Revocable Permit(s); and (D) Number of share vehicles in the applicant?s City share system?s ?eet, the maximum number of share vehicles will be subject to the City Manager determination; and (E) GPS enabled tracking system, or such other tracking system as may be acceptable to the City Manager; and (F) Customer account deactivation plan to ensure compliance of the license, which is acceptable to the City Manager; and Maintenance plan for share vehicles for the safety of all traveling public and customers, which is acceptable to the City Manager; and (G) Privacy policy acceptable to the City Manager that will protect customers? personal identi?cation information (PH), customers? ?nancial data and information, and customers? travel information and usage (including but not limited to trip origination and trip destination); and (H) Share system?s identi?cation and education scheme acceptable to the City Manager, which includes and clearly displays the Licensee?s: 1. Local manager?s name and contact information, including an email and phone number, Unique identi?er for each share vehicle, Statement encouraging customers wear helmets while riding share vehicle, Statement that customers must yield to pedestrians, and Statement that customers comply with the rules of the road Statement that customers may not ride on sidewalks; and Statement that all share vehicles must be Operated in compliance with all applicable federal, state, and local laws and regulations. (I) A veri?cation by the applicant that the share vehicles meet the applicable equipment standards required by the local, state, and federal laws and regulations, including, but not limited to the standards outlined below: 1. ISO 43.150 - ?Cycles?, and any amendments, and any amendments; and 2. Code of Federal Regulations Title 16, Chapter II, Subchapter C, Part 1512'? ?Requirements for Bicycles?, and any amendments; and 3. 49 CFR 571.500 Standard No. 500 low-speed vehicles, and any amendments; and 4. 49 CFR 571.305 Standard No. 305 electric-powered vehicles, and any amendments; and 5. Any other applicable National Highway Traf?c Safety Administration standards and requirements; and 6. Any other applicable Consumer Product Safety Act standards and requirements. ?13-247. Number of Share Vehicles in Fleet. The City Manager may approve a maximum of 250 share vehicles for initial placement. Licensees may request the placement of an additional 2??vehicles upon submission of usage data that demonstrates a minimum of three (3) rides per vehicle per day of placed vehicles. The approval of additional vehicles is subject to City Manager approval. Share vehicles parked at Central Oklahoma Transportation and Parking Authoritv?s (COTPA) bus stops shall not count toward maximum size of ?eet size authorized; however, all other applicable laws, rules and regulations shall apply to share vehicles parked at bus stops. If the Licensee adds additional share vehicles over the Licensee?s authorized maximum size of ?eet size, without authorization from the City Manager, the license may be revoked or suspended. ?13-248. Parking. (1) Share vehicles must be parked upright on a hard surface and in accordance with applicable local, state and federal laws and regulations. . . I I. . Share vehicles must never be parked: within ten (10) feet of an intersection; or within landscape, plantings 0r gardening beds; or within bus stops, streetcar stops, taxi stands, carriage stands, bike stands; or within loading zones; or within vehicle parking spots; or 4 within driveways, curb cuts; or within a location for more than twenty-four hours; or within any zone where the City has determined share parking is prohibited; or: i) within any special event area granted as within revocable permit by the City Council, except with the written permission of the special event coordinator. The City retains the right to require the Licensee to implement a geo-fence and/or a geo-fence station within certain areas where share vehicles must be located and parked. Any geo-fence station will designate locations which preclude or allow share vehicle entering, traversing, usage. (2) The City may designate restricted rights-of-ways where share vehicles may not be parked. (3) The Licensee will instruct and will designate on its site that its customers not enter or park on properties where the owners has posted ?no unattended share vehicles? Sign. ?13-250. Records. (1) Licensee must maintain and provide records of share vehicles. These share vehicle records must be provided to the City and also upon request during regular business hours, including the following data: Rider pro?le, including age group, for each trip; and Ride pro?le, including trip region within the City and duration, for each trip; and Number of share vehicles in circulation; and Daily, weekly, active rides, including number of rides and mileage; and Summary of distribution and GPS-based natural movement; and Customer comments/complaints, resolution to complaints, theft and or vandalism, repairs, and average repair times; and Reported collisions. (2) Licensee must provide the City with continuous anonymous real-time data (information that is delivered immediately after collection) on the availability and location of its entire share vehicle ?eet in the City. ?13-251. Insurance, Indemni?cation, Bond. Insurance. Any person operating a share system must maintain commercial general liability insurance, with limits of not less than $175,000 per person for bodily injury and not less than $1,000,000 per occurrence, for bodily injury, personal injury and property damage. The insurance policy must be issued by an insurer authorized to insure in the state of Oklahoma, must name the City of Oklahoma City as additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the operations of the Licensee, and include a provision requiring 30 days? advanced notice the City prior to cancelation, change, reduction, suspension or lapse of the policy. Indemnity. In addition, the Licensee must indemnify and hold harmless the City against any additional or uncovered third party claims arising out of or caused by the Licensee?s share operations and cover the cost for any damage to the public rights-of-ways or other city property arising out of or caused by the Licensee?s operations. ?13-252. Compliance. Licensee is responsible for educating its customers regarding compliance with permit requirements, safety requirements, and applicable local, state and federal laws and regulations. Licensee will be responsible for its customers? compliance with license requirements. (0) Licensee must enforce its approved customer account deactivation plan. Licensee must enforce daylight restrictions for the share vehicles, unless the share vehicles are compliant with the applicable federal, state, and local laws and regulations. The Licensee will relocate share vehicles to an approved site within: (1) two (2) hours from any noti?cation by the City Manager of non-compliance with the license; and (2) two (2) hours from any noti?cation by the City Manager of a share vehicle in a restricted right-of-way; and (3) one (1) hour of noti?cation by private property owner that share vehicle is on property: (A) posted as ?no unattended share vehicle,? or (B) without the permission of the property owner. Should Licensee fail to timely remove and relocate a share vehicle within the above timelines, then the City may remove the share vehicle and place the share vehicle in storage. The Licensee must pay the applicable fees. If the Licensee does not claim a removed share vehicle within seven (7) calendar days, then the share vehicle will be deemed abandoned and the City may dispose of the share vehicle. ?13-253. License suspension and/or revocation. If any licensee shall violate any of the provisions of this article, the City Manager shall investigate the matter, which may cause the license to be suspended or revoked following the procedures provided in Chapter 26 of this Code. In the event that the City Manager determines that a licensee is subject to discipline as provided in this section, the following discipline shall be imposed. For the ?rst violation, the license shall be suspended for not more than ten days. For the second violation, the license shall be suspended for not more than 30 days. For a third or subsequent violation, the license may be revoked or may be suspended for a period not exceeding 90 days. Notwithstanding the foregoing, the City Manager may issue a warning for a ?rst violation without imposing any suspension of the license. Should a license be revoked or suspended, the applicable share vehicle ?eet must be removed from the City?s streets, public property, and City?s right-of-way within one (1) business day of the revocation or suspension. Further, no person or share company may operate such share system or share vehicle during any period in which the license pertaining to the operation of the share system, or share vehicle is revoked or suspended. If any license is revoked, the Licensee shall not be entitled to make application for a new license until after a period of at least one year from the date of revocation. The provisions of this section in no way limit or interfere with the enforcement of penalties for violations of ordinances as provided elsewhere in this Code but must be in addition to such penalties. ?13?254. ?Share Vehicle System Fees. The Licensee shall timely pay all license fees required established in Chapter 60, General Schedule of Fees, SECTION 2. That a new Section 60-13-36 of Chapter 60 of the Oklahoma City Municipal Code, 2010, is hereby adopted to read as follows: CHAPTER 60 GENERAL SCHEDULE OF FEES TITLE 13 BUSINESSES ARTICLE IX VEHICLE BUSINESSES ?60-13-36. Share Vehicles Businesses License application fee with each application, annual 302.00. share vehicle fee, annual - $30.00 per share vehicle. (0) share vehicle removal fee Actual work time used for impoundment multiplied by the rate of $100.00 per hour per share vehicle removed or relocated. share vehicle storage fee - $5.00 per share vehicle per day stored. INTRODUCED AND READ in open meeting of the Council of The City of Oklahoma City, Oklahoma, this day of 2018. PASSED by the Mayor of The City of Oklahoma City, Oklahoma, this day of 2018. SIGNED by the Mayor of The City of Oklahoma City, Oklahoma, on this day of 2018. ATTEST: (seal) CITY CLERK MAYOR for form 6 lity. 7mm I Counselor