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HomeMy WebLinkAbout21- Ordinance 2072 Amending Chapter 36 of the BMC Establishing License Requirements and Fees for Commercial Shared Micromobility Businesses ORDINANCE 2072 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 36 DEFINITIONS; AND ESTABLISHING LICENSE REQUIREMENTS AND FEES FOR COMMERCIAL SHARED MICROMOBILITY BUSINESSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is authorized to regulate the operation of motorized nonstandard vehicles on sidewalks, streets, and highways pursuant to 61-12-101, MCA; and WHEREAS, the City is authorized to regulate and prevent the use or obstruction of streets, sidewalks, and public grounds, and regulate and prohibit sale upon the streets, sidewalk and public grounds of the city pursuant to 7-14-4102, MCA; and WHEREAS, the City has the authority to license by ordinance all industries and impose penalties for failure to comply with such license requirements pursuant to 7-14-4101, MCA; and WHEREAS, micromobility forms of transportation are efficient, reduce emissions, require less space to park, increase access to transportation, and add to a vibrant and connected downtown; and WHEREAS, commercial shared micromobility provides business opportunities for local entrepreneurs and encourage economic activity in the City, and WHEREAS, it is in the interests of the City to establish guidelines for commercial shared micromobility businesses who operate within the public right of way to ensure the public health, safety and welfare of City residents and visitors. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative findings: 1. Citizens are increasingly using micromobility as alternative ways of transportation in Bozeman. DocuSign Envelope ID: DD1D7053-BFBF-4F3D-8253-91BE6A5C67C1 Page 2 of 7 2. The Bozeman Municipal Code should reflect current modes of micromobility and be adaptive as the industry changes. 3. Commercial shared micromobility provides for business opportunities and jobs and may increase access to transportation, reduce emissions, relieve pressure on parking, while adding to a vibrant downtown. 4. Reasonable licensing of commercial shared micromobility businesses is equitable and necessary to govern commerce, protect public health, safety and welfare within the public right of way. Section 2 That the Bozeman Municipal Code Sec. 36.01.020-Definitions are amended as follows: Sec. 36.01.020. - Definitions. A. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1."Authorized emergency vehicle" means vehicles of the fire department, police vehicles, and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the director of public works. 2. "Bicycle" means every device propelled by human power upon which any person may ride, having two tandem wheels either of which is over 20 inches in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. Means a vehicle propelled solely by human power on which any person may ride, irrespective of the number of wheels, except scooters, wheelchairs, and similar devices. The term includes electronically assisted bicycle. 3."Commercial vehicle" means every vehicle designed, used or maintained primarily for the transportation of property. 4. "Crosswalk" means: a. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs, or in the absence of curbs from the edges of the traversable roadway; b. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. 5. "Curb loading zone" means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. 6. "Driver" or "operator" means every person who drives or is in actual physical control of a vehicle. 7. “Electrically assisted bicycle” is as defined in Title 61, Chapter 8, MCA. 8.7. "Freight curb loading zone" means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or passengers. DocuSign Envelope ID: DD1D7053-BFBF-4F3D-8253-91BE6A5C67C1 Page 3 of 7 9.8. "Intersection" means the area embraced within the prolongation or connections of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. 10.9. "Laned roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. 11. “Micromobility” means transportation over short distances provided by small, lightweight, and usually single-person vehicles. 12.10. "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the operator and that is designated to travel on not more than three wheels in contact with the ground. A motorcycle may carry one or more attachments and a seat for the conveyance of a passenger. 13. 11. "Motor-driven cycle" means every motorcycle, including every motorscooter, with a motor which produces not to exceed five horse-power, and every bicycle with motor attached. 14. “Motorized foot scooter” means a device with no more than two ten-inch or smaller diameter wheels that has handlebars, is designed to be stood upon, but may have a seat, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. 15.“Motorized personal transportation device” shall mean motorized foot scooters, motorized skateboards, motor or battery power driven bicycle, and all other similar devices including all motorized nonstandard vehicles as defined in Title 61, Chapter 1, MCA but shall be deemed to exclude electronic personal assistive transportation devices, motorized wheel chairs, motor driven cycles, mopeds, motorcycles. 16. “Motorized skateboard” means every device with a platform having one or more wheels beneath it, which the rider balances on top of, and which is either propelled by an attached or auxiliary, electric or gasoline motor. 17.12. "Motor vehicle" means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. 18.13. "Official traffic control devices" means all signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. 19.14. "Park," when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. 20.15. "Passenger curb loading zone" means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. DocuSign Envelope ID: DD1D7053-BFBF-4F3D-8253-91BE6A5C67C1 Page 4 of 7 21.16. “Pedestrian” means any person afoot on foot or any person in a manually or mechanically propelled wheelchair or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person. 22.17. "Police officer" means every officer of the municipal police department, or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. 23.18. "Private road" or "driveway" means every way or place in private ownership and used for vehicular travel by the owner, and those having express or implied permission from the owner, but not by other persons. 24.19. "Railroad" means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. 25.20. "Railroad train" means a stream engine, electric, or other motor, with or without cars coupled thereto, operated upon rails, except streetcars. 26.21. "Right-of-way" means the privilege of the immediate use of the roadway. 27.22. "Roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways collectively. 28.23. "Sidewalk" means that portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. 29.24. "Stop," when required, means complete cessation of movement. 30.25. "Stop," "stopping," or "standing," when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal. 31.26. "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians, and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. 32.27. "Street" or "highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, including avenues and alleys. 33.28. "Through or arterial highway" means every street or highway, or portion thereof, at the entrances to which vehicular traffic from intersecting streets or highways is required by law to stop before entering or crossing the same, and when stop signs are erected as provided in this chapter. 34.29. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together, while using any street for purposes of travel. 35.30. "Traffic control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. DocuSign Envelope ID: DD1D7053-BFBF-4F3D-8253-91BE6A5C67C1 Page 5 of 7 36.31. "Traffic division" means the traffic division of the police department of this city; or, in the event a traffic division is not established, then the term "division" whenever used in this chapter, shall be deemed to refer to the police department. 37.32. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. For the purposes of this Chapter the term “vehicle” includes, but is not limited to, any moped, motorcycle, motorized personal transportation device, motor scooter, automobile, truck or other vehicle propelled by a motor of any kind. 38.33. "Ways of this city open to the public" means any highway, road, alley, lane, parking area or other public or private place adapted and fitted for public travel that is in common use by the public. Section 3 That Sec.36.01.130 be added to the Bozeman Municipal Code as follows: Sec.36.01.130 – Licensing and regulation of commercial shared micromobility businesses. A. General. It is unlawful for any person to operate within the city a commercial shared micromobility business renting, to the general public, bicycles or motorized personal transportation devices as defined in Sec. 36.01.020(A)(11) and (15), without having first obtained a commercial shared micromobility license. A shared micromobility license is only required for those businesses whose principle service provided to the public is the renting of bicycles or motorized personal transportation devices. This section applies to all forms of rental including mobile application based rentals. B. Application; requirements to be determined by City Manager. A commercial shared micromobility business must complete and submit an application and a signed Acknowledgement of Terms of Operation to the Department of Public Works prior to deploying its fleet. Terms of Operation required for the license shall be determined by the City Manager who may revise such terms in order to adapt to the City’s needs and the changing industry. Terms of operation will include, but are not limited to insurance and indemnification requirements and provisions for the suspension or revocation of licenses. C. Annual renewal. To ensure Terms of Operations shall be consistent for every business, all commercial shared micromobility licenses are valid for one calendar year, with an expiration date to be determined by the City Manager and included in the Terms of Operations. An applicant must submit a renewal application, fee, and signed Acknowledgement of the Terms of Operation annually to renew. DocuSign Envelope ID: DD1D7053-BFBF-4F3D-8253-91BE6A5C67C1 Page 6 of 7 D. Fee. Commercial shared micromobility license fees shall be established by resolution of the city commission. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provisions thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification Instruction. The provisions of Section 2 and Section 3 shall be codified as appropriate in Chapter 36 of the Bozeman Municipal Code. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. DocuSign Envelope ID: DD1D7053-BFBF-4F3D-8253-91BE6A5C67C1 Page 7 of 7 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 13th day of April, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 27th day of April, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: DD1D7053-BFBF-4F3D-8253-91BE6A5C67C1