Stationless Bicycle Share Programs
- 3-14-1: Legal Authority
- 3-14-2: Purpose
- 3-14-3: Scope
- 3-14-4: General Licensing Provisions Incorporated By Reference
- 3-14-5: Definitions
- 3-14-6: Size Of Fleet, Distribution, And Rebalancing
- 3-14-7: Application For License And Renewal
- 3-14-8: Action On Application
- 3-14-9: Term Of License, Area Of Operation, And Geo-fencing
- 3-14-10: Application And Renewal Fees, Other Licensing Fees, And Security Deposit
- 3-14-11: Insurance And Indemnification
- 3-14-12: Fares, Digital Platforms, And Data Sharing
- 3-14-13: Parking, Immediate Out-of-service, And Notice To Abate
- 3-14-14: Unlawful Acts
- 3-14-15: Denial, Suspension, And Revocation
- 3-14-16: Enforcement
- 3-14-17: Penalties
- 3-14-18: Mandatory Review
3-14-1: Legal Authority
Idaho Code sections 50-301, 50-307, and 50-314 authorize the City of Boise City, State of Idaho (the "City") to regulate occupations and businesses and to regulate and control traffic, encroachments, and obstructions on streets, public places, and sidewalks within the City. (Ord. 31-18, 8-21-2018)
The City finds that public health, safety, and welfare require that certain occupations and businesses operating in the City, including but not limited to, emerging forms of alternative transportation like stationless bicycle share programs, be regulated without restraining, burdening, or over regulating the businesses or occupations in order to afford basic protections to the public. (Ord. 31-18, 8-21-2018)
This chapter sets forth policies, standards, requirements, and procedures applicable to stationless bicycle share programs licensed pursuant to this chapter. (Ord. 31-18, 8-21-2018)
3-14-4: General Licensing Provisions Incorporated By Reference
To the extent they are not inconsistent with this chapter, all the provisions, definitions, paragraphs, and sections set forth in chapter 1, article A of this title are hereby adopted and incorporated by reference as if fully set forth in this chapter. (Ord. 31-18, 8-21-2018)
For the purposes of this chapter, the following terms, phrases, words and derivations have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.
BICYCLE: Every vehicle having two (2) tandem wheels, or two (2) parallel wheels and one forward wheel, any two (2) of which are not less than twelve inches (12") in diameter, propelled exclusively by human power upon which any person may ride, except scooters and similar devices.
DESIGNATED AREA: Any part of the public right-of-way designated by the Clerk's Office for the parking of bicycles, E-bikes, E-scooters, or any part thereof in a stationless bicycle share program.
DEVICE OR DEVICES: A bicycle, E-bike, or E-scooter, or any part or any combination thereof.
ELECTRIC POWER-ASSISTED BICYCLE (E-BIKE): A vehicle having two (2) tandem wheels or two (2) parallel wheels and one forward wheel, any two (2) of which are not less than twelve inches (12") in diameter, that is designed to be operated by human power with the assistance of an electric motor that has a power output of not more than seven hundred fifty (750) watts that: a) is incapable of propelling the vehicle at a speed of more than twenty (20) miles per hour; and b) disengages or ceases to function when the vehicle's brakes are applied. An E-bike is not a motor vehicle for purposes of this chapter.
ELECTRIC POWER-ASSISTED SCOOTER (E-SCOOTER): A two (2) wheeled vehicle that has handlebars, a floorboard that is designed to be stood upon when riding, and is powered by an electric motor that has a power output of not more than three hundred (300) watts that: a) is incapable of propelling the device at a speed of more than fifteen (15) miles per hour; and b) disengages or ceases to function when the vehicle's brakes are applied. An E-scooter is not a motor vehicle for purposes of this chapter.
GEO-FENCE OR GEO-FENCING: A virtual geographical boundary around an area defined by a global positioning system ("GPS") or radio frequency identification ("RFID") technology, that enables software to trigger a response when a device enters or leaves the area.
PARK OR PARKING: The process or result of stopping, standing, or leaving unattended any vehicle or device.
RESTRICTED AREA: Any part of the public right-of-way restricted by the Clerk's Office for the parking of devices in a stationless bicycle share program.
STATIONLESS BICYCLE SHARE OPERATOR: A person who owns, manages, or operates a stationless bicycle share program.
STATIONLESS BICYCLE SHARE PROGRAM: A system of self-service bicycles, E-bikes, E-scooters, or any combination thereof, for hire, operated by a stationless bicycle share operator, which does not require either a bicycle rack or bicycle sharing station, or other object. (Ord. 31-18, 8-21-2018)
3-14-6: Size Of Fleet, Distribution, And Rebalancing
A. To be eligible for consideration as a licensee pursuant to this chapter and chapter 1, article A of this title, an applicant shall have a minimum fleet of fifty (50) devices that may contain any combination of bicycles, E-bikes, or E-scooters. If an applicant is licensed pursuant to this chapter, the licensee's maximum total number of devices, shall not exceed two hundred fifty (250).
B. Devices must show a minimum utilization rate of two (2) rides per day to remain in service. If a device fails to meet minimum utilization requirements, the City Clerk's Office may require underutilized devices in a bicycle share program to be removed or relocated.
C. The total combined number of permitted devices, in all the stationless bicycle share programs licensed by the City pursuant to this chapter, shall not exceed seven hundred fifty (750) total devices at any given time, regardless of the number of licensees, stationless bicycle share operators, or bicycle share programs.
D. Licensees are responsible for monitoring the distribution of devices according to the terms and conditions of their respective permit. The City Clerk's Office may require a reduction in a licensee's number of authorized devices based on the overall number of devices within a specific area of the City. Licensees shall reduce the number of devices according to the following guidelines:
1. Within four (4) hours of receipt of notice on weekdays, six o'clock (6:00) A.M. to six o'clock (6:00) P.M., not including holidays.
2. At all other times, within ten (10) hours of receipt of notice.
E. A licensee shall provide the Director with direct contact information for a licensee's local staff who are responsible and capable of rebalancing and removing devices. Licensees shall remove, relocate, or rebalance devices as follows:
1. Within four (4) hours of receipt of notice on weekdays, six o'clock (6:00) A.M. to six o'clock (6:00) P.M., not including holidays.
2. At all other times, within ten (10) hours of receipt of notice. (Ord. 31-18, 8-21-2018)
3-14-7: Application For License And Renewal
A. In addition to meeting all the minimum licensing requirements and qualifications set forth in chapter 1, article A of this title, applicants and licensees must also comply with the following requirements and qualifications:
1. Maintain a local agent who is responsible for responding to permit issues in a timely manner.
2. Provide proof of insurance in the amounts specified by this chapter and in the terms and conditions of the permit.
3. Provide credible evidence to the satisfaction of the City Clerk's Office that all bicycles, E-bikes, and E-scooters in a licensee's stationless bicycle share program:
a. Are each labeled with a unique identification number to identify each separate device and that such numbers are submitted to the City Clerk's Office and regularly updated;
b. Are labeled with current contact information for the stationless bicycle share licensee, including the make, model, and unique identifying number of each such device;
c. Are of high quality, sturdily built, with tamper-resistant hardware to accommodate a wide range of users;
d. Are able to stand upright when parked and capable of being locked to a bike rack and equipped with haptic technology that indicates to the user if he has parked in a prohibited, restricted, or designated area;
e. Comply with Idaho Code requirements, if any, and can withstand the rigors of outdoor storage and constant use for a period of at least five (5) years;
f. Are equipped with an on-board GPS unit or equivalent that will provide real-time location data to the City Clerk's Office, including a continuous feed of all required data as set forth in this chapter and the terms and conditions of the permit;
g. Are available to customers on an hourly basis, or in smaller intervals, and at rates that vary by duration of usage or by duration of usage and distance but are clearly and understandably communicated to customers prior to use;
h. Have a maintenance, cleaning, and repair schedule and plan that is approved by the City Clerk's Office;
i. Are available for pick-up and drop-off by customers on a twenty four (24) hour, seven (7) days per week basis; and
j. Have a mechanism by which customers can notify the local agent of the licensee to report safety and maintenance issues with a device or the service.
4. Maintain a multilingual website, mobile application, and call center in languages determined by the City Clerk's Office, and with customer interface that is available twenty four (24) hours a day, seven (7) days a week. The website, mobile application, and call center shall also meet the requirements of section 508 of the Rehabilitation Act and section 255 of the Communications Act that apply to information and communication technology.
6. Provide a plan to share with the City Clerk's Office aggregate, customer demographic data, that does not identify individual customers, payment methods, or individual trip history, on a monthly basis in a mutually agreed upon form. Such customer demographic data shall include, but not be limited to, the following:
a. The number of bikes, E-bikes, and E-scooters in circulation;
b. The number of daily, weekly and monthly active riders;
c. The aggregate breakdown of customers by gender and age;
d. Usage data, including the number and duration of rides per day per device;
e. A summary of device distribution and GPS based natural movement; specific and statistical data regarding device theft and vandalism and the repair times;
f. Specific customer comments and complaints and the licensee's resolution thereof;
7. A map of the proposed service area;
8. An electronic payment system that is compliant with the payment card industry data security standards. Each transaction shall include the bicycle, E-bike, or E-scooter's identification number that corresponds to the make and model of the device registered with the City Clerk's Office; and
9. A mechanism to inform customers on how to properly park a bicycle, E-bike, or E-scooter in a manner that is approved by the City.
B. A licensee must be capable of remotely disabling the use of any device should it be reported or be found to have a safety, maintenance, or other hazardous condition.
C. Every person licensed under this chapter understands and agrees that the City is not responsible for educating customers and users on how to ride, safely operate, or use safety equipment, such as helmets. Licensees agree to educate customers and users on the applicable rules of the road and to instruct users to use helmets and otherwise comply with the applicable laws. (Ord. 31-18, 8-21-2018)
3-14-8: Action On Application
A. The Director shall determine all license terms, conditions, and any other standard or special requirements.
B. In considering an application for a license, the City Clerk's Office shall consider all the legal requirements, the availability of parking, and the anticipated effects of the proposed stationless bicycle share program on public transit, pedestrian and vehicular traffic, and access to or from residences and businesses.
C. Notwithstanding any other requirement, the City Clerk's Office may deny an application filed pursuant to this chapter on the basis that such license issuance or renewal would:
1. Conflict with existing permits or contracts;
2. Lead to an over-concentration or over-saturation of stationless bicycle share program devices in the City;
3. Cause an imbalance in the geographical distribution of stationless bicycle share program devices; or
4. Otherwise adversely impact an existing or proposed stationless bicycle share program. (Ord. 31-18, 8-21-2018)
3-14-9: Term Of License, Area Of Operation, And Geo-fencing
A. A license issued by the City pursuant to this chapter is valid for one year from the date of issuance or renewal, unless sooner revoked, suspended, or relinquished.
B. All licenses issued by the City pursuant to this chapter are non-transferrable.
C. A license issued pursuant to this chapter is only valid for operations within the designated public right-of-way within the City's jurisdiction. Additional zones of operation, including, but not limited to, public park locations, publicly accessed plazas, on-street parking spaces, off-street parking lots and garages, may be established or deleted by the City as it deems appropriate. The City reserves the right to create geo-fenced areas within the City. (Ord. 31-18, 8-21-2018)
3-14-10: Application And Renewal Fees, Other Licensing Fees, And Security Deposit
A. Fees Required: Every application for a license shall be accompanied by a nonrefundable application fee, licensing fee, processing fee, and all other required costs and fees in the amounts established by the Boise City Council and listed on the most current fee schedule.
B. Security Deposit: Every licensee shall pay to the City Clerk's Office a public property repair, maintenance, and security cash deposit ("security deposit") as established by the Boise City Council and listed on the most current fee schedule. The deposit shall be assessed in an amount to ensure adequate funds are available to reimburse the City for future public property repairs and maintenance costs that may be incurred, including but not limited to, any costs of repairing or maintaining damaged public property by a licensee or his customers, removing and storing bicycles, E-bikes, or E-scooters improperly parked or left unattended on public property, and addressing and abating any other violation. The security deposit will be held in trust by the City for so long as the stationless bicycle share licensee is licensed by the City pursuant to this chapter.
1. A licensee's security deposit must not be depleted lower than the minimum amount as established by the City Council and listed on the most current fee schedule. If a security deposit is depleted below the required minimum amount, a licensee shall replenish the security deposit to its full amount within thirty (30) calendar days. Licensees shall also annually replenish the security deposit to its full amount upon application for a license renewal.
2. Failure to maintain minimum security deposit balance or failure to replenish the security deposit as required by this chapter is grounds for immediate revocation of license. (Ord. 31-18, 8-21-2018)
3-14-11: Insurance And Indemnification
A. Every stationless bicycle share program licensed pursuant to this chapter shall be continuously insured and shall carry the following types of insurance issued by an insurance carrier duly authorized to do business in the State of Idaho:
1. Workers' compensation, in statutory amounts, with employers' liability limits not less than one million dollars ($1,000,000.00) per each accident, injury, or illness;
2. Commercial general liability insurance with minimum limits not less than five hundred thousand dollars ($500,000.00) per each occurrence and one million dollars ($1,000,000.00) general aggregate for bodily injury and property damage, including contractual liability, personal injury, products and completed operations;
3. Commercial automobile liability insurance with limits not less than five hundred thousand dollars ($500,000.00) each occurrence, "combined single limit" for bodily injury and property damage, including owned, non-owned, and hired auto coverage, as applicable;
4. Professional liability insurance, applicable to licensee's profession, with minimum limits not less than five hundred thousand dollars ($500,000.00) per each claim with respect to negligent acts, errors, or omissions from any activity conducted pursuant to the license issued pursuant to this chapter;
5. Cyber and privacy insurance with limits of not less than five hundred thousand dollars ($500,000.00) per claim. Such insurance shall include coverage for liability arising from theft, dissemination, or use of confidential information, including but not limited to, bank and credit card account information or personal information, such as name, address, social security numbers, protected health information, or other personally identifying information, stored or transmitted in electronic form.
B. Every stationless bicycle share program shall tender to the City Clerk's Office the certificates of insurance certifying that insurance of the types and in the amounts required by this chapter are in full force and effect at all times. All insurers must have a rating comparable to A, VIII or higher and shall be authorized to do business in the State of Idaho. The certificates shall list the City separately as an additional insured. Said certificates of insurance shall specify as the certificate holder the City of Boise, P.O. Box 500, 150 N. Capitol Blvd., Boise, Idaho 83701-0500. The insurance policies required by this chapter shall be the primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of a license issued pursuant to this chapter, and that insurance applies separately to each insured against whom claim is made or suit is brought.
C. No stationless bicycle share program shall commence business, deploy devices, or provide services in the City prior to furnishing to the City all certificates of insurance and additional insured policy endorsements to the City's satisfaction and in form evidencing all coverages set forth above. Approval of the insurance policy by the City shall not relieve or decrease a licensee's liability hereunder. All workers' compensation policies shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the licensee, its employees, agents and subcontractors.
D. Every insurance policy required by this chapter shall be endorsed to provide thirty (30) calendar days' advance written notice to the City of cancellation for any reason, intended non-renewal, or reduction in coverages. If any insurer desires to be released from any insurance policy required by this chapter, the licensee must give written notice to the City Clerk's Office within two (2) business days of such desire, cancellation, or change. If any policy of insurance required by this chapter is cancelled or expires and no new certificate of insurance is filed by the licensee with the City Clerk's Office before the cancellation or expiration of the original insurance, such license shall automatically be suspended, and the licensee shall discontinue operations within the City. If a proper replacement certificate of insurance is not provided to the City Clerk's Office on or before the tenth (10th) business day after the date of termination or cancellation of the policy, the license shall be automatically revoked.
E. Every stationless bicycle share program and operator licensed pursuant to this chapter, agrees to the maximum extent permitted by law to defend, indemnify, and hold harmless the City, and all of its respective departments, commissions, boards, officers, employees, and agents from and against any and all claims, demands, suits, damages, actions, or causes of action, costs and expenses to persons or property, whether public or private, that may arise out of, or be occasioned by, the operation of a stationless bicycle share program on the public right-of-way or other property, or any act, omission, or misconduct of the licensee, or his employees, agents, subcontractors, representatives arising, arisen, or to arise out of the licensee's operations. (Ord. 31-18, 8-21-2018)
3-14-12: Fares, Digital Platforms, And Data Sharing
A. Fares charged by a licensee shall be no greater than those agreed upon by the customer and the licensee. Fares, rates, and fees must be specified in sufficient detail to allow customers to make an informed decision about the total fare, rate, or fee to be paid prior to service. Any additional fares, rates, or fees and the circumstances under which such fees, fares, or rates may be assessed must be made known to and available to the customer prior to service.
B. A licensee shall not require a user to grant location services to use the licensee's devices. All other private data belonging to the user, including but not limited to, contacts, photos, and files, shall not be required to be shared in order to use the licensee's devices.
C. A licensee shall not require a user to share his private data with third parties in order to use the licensee's devices.
D. A licensee may allow a user to opt-in to providing access to his contacts, photos, files, other private data and third-party data only with clear notice to the customer.
F. Failure to submit complete or accurate data to the City Clerk's Office, will result in immediate revocation of a license issued pursuant to this chapter. (Ord. 31-18, 8-21-2018)
3-14-13: Parking, Immediate Out-of-service, And Notice To Abate
All devices in a stationless bicycle share program shall be parked upright on hard surfaces in the pedestrian zone of the sidewalk, or at a public bicycle rack. In no case shall the placement of a device in a stationless bicycle share program reduce the width of pedestrian zone to less than six feet (6'). The City Clerk's Office may further designate, restrict, or prohibit areas by geo-fencing, marked parking boxes, or other methods.
A. No bicycle, E-bike, or E-scooter in a stationless bicycle share program shall be parked or left unattended:
1. So as to obstruct or impede pedestrian or vehicular traffic;
2. On any City block without sidewalks;
3. On street furniture such as benches and pay stations;
4. In any vehicular travel lane or bike lane;
5. In any parklets or sidewalk dining areas;
6. In any area within or immediately adjacent to ADA accommodations, including but not limited to, curb ramps, railings, and signal bush buttons;
7. In transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks;
8. In loading zones;
9. In on-street parking spaces, including accessible parking zones and associated loading zones;
10. On curb ramps, and other ingress and egress curb cuts;
11. In entryways and exits, including but not limited to, fire escapes, or any other building evacuation exit ways; or
12. On driveways.
B. The City reserves the right to determine certain areas where stationless bicycle share parking is designated, restricted, or prohibited.
C. Stationless bicycle share licensees shall inform customers on how to properly park bicycles, E-bikes, and E-scooters.
D. The City Clerk's Office may determine upon its own initiative or upon complaint of any person that a licensee's authorized service is being provided in an unsafe or unreliable manner.
E. Upon notification to a licensee by the City that a bicycle, E-bike, or E-scooter is improperly parked, the licensee shall remove, relocate, or abate the device within two (2) hours of the City's notification during weekdays, six o'clock (6:00) A.M. to six o'clock (6:00) P.M., excluding holidays and within ten (10) hours of receipt of notice at all other times. If a licensee fails to remove, relocate, or abate the device within the applicable time allowed, the City may immediately remove and impound such device at the licensee's sole expense.
F. The City shall charge the licensee impound fees, as established by City Council and set forth on the current City fee schedule, for each abatement of a licensee's devices that the City or its designee perform under the provisions of this chapter. In addition to impound fees for abatement of devices, the City may charge licensees any additional costs incurred as a result of violations of this chapter, including, but not limited to, the repair and maintenance of public property. The City shall invoice a licensee regularly for any impound fees or other costs and licensee shall reimburse the City within thirty (30) business days from invoice of such fees and costs. If the licensee fails to reimburse the City within thirty (30) business days, the City is authorized to deduct such costs from the applicable security deposit held in trust by the City Clerk's Office. (Ord. 31-18, 8-21-2018)
3-14-14: Unlawful Acts
A. In addition to the unlawful acts set forth in chapter 1, article A of this title, it shall also be unlawful for any licensee to:
1. Charge any customer a fare, fee, or rate in excess of the fare, fee, or rates agreed upon between the customer and the licensee;
2. Wholly or in part, engage in or operate a regulated business without first obtaining a license issued by the City. Each day a person fails to obtain a required license shall constitute a separate violation;
3. For any stationless bicycle share program permitted, licensed, or authorized by another jurisdiction to initiate for hire services within the City without being issued a license pursuant to this chapter;
4. Refuse to provide services or to publicly disclose by any means, including but not limited to, an internet-enabled application or digital platform, information or comments regarding a customer on the basis of the customer's race, color, ethnicity, religion, sex, national origin, age, familial status, marital status, military status, sexual orientation, gender identity, pregnancy or disability; or
5. Violate any of the provisions of this chapter or the terms and conditions of the permit. (Ord. 31-18, 8-21-2018)
3-14-15: Denial, Suspension, And Revocation
A. Every civil license penalty imposed by the Director shall be proportional to the type and severity of the violation.
B. The Director shall have the authority to issue any license required by this chapter with limitations or restrictions relative to the nature of the license issued, to ensure protection of the public's health, safety, and welfare. In addition to the penalties prescribed for a violation of license limitations or restrictions, every licensee who violates the license limitations or restrictions imposed upon them by the City Clerk's Office shall have their license revoked, pursuant to the procedures for revocation in chapter 1, article A of this title.
C. In the event the Director determines that an applicant fails to qualify for a license or license renewal governed by this chapter, the Director may deny a license to such applicant by following the procedures set forth in chapter 1, article A of this title.
D. Upon a finding that licensee committed any of the following violations or those set forth in chapter 1, article A of this title, the Director shall follow the procedures set forth in chapter 1, article A of this title, as applicable, in suspending or revoking an affected license governed by this chapter.
1. If the Director determines that a licensee failed to continue to have and maintain all of the qualifications and none of the disqualifications provided in this chapter throughout the license period, the City Clerk's Office may revoke the affected license. Such revocation shall prevent the licensee from obtaining or reinstating any such license until the licensee qualifies for the license and applies anew for said license.
2. In the event the Director determines that a licensee has pled guilty to, has been found guilty of, or has received a withheld judgment for, or has been sentenced for a violation of this chapter, in addition to the criminal penalties prescribed therefor, the licensee may have the affected license governed by this chapter revoked, or be ineligible for reapplication, reinstatement, or issuance of any license governed by this chapter for a period of up to five (5) years.
3. A third (3rd) license suspension within one license term shall be deemed a revocation.
4. A person whose license is revoked shall be required to re-apply for a new license, rather than apply for reinstatement of the revoked license.
5. The Director may address a rule violation or violation of the terms and conditions of a permit by amending, suspending, or completely revoking a license issued pursuant to this chapter. The Director may require a licensee to reduce fleet size or to completely remove devices from the public right-of-way for revocation or during a period of suspension. A licensee shall remove any and all devices from the public right-of-way within ten (10) calendar days of receiving notice from the Director. (Ord. 31-18, 8-21-2018)
The Director is authorized to carry out the policies and procedures herein described, and may enforce the provisions of this title and chapter by imposing administrative license penalties, including suspension or revocation of the licenses, by initiating criminal charges by serving an Idaho Uniform Citation or by referring a written report to the Boise City Attorney's Office for review and filing of a complaint and summons or warrant in the Magistrate's Division of the District Court, or by both such administrative license penalties and criminal penalties. (Ord. 31-18, 8-21-2018)
The violation of any of the provisions of this chapter is punishable as a general misdemeanor and upon conviction subject to the penalty as provided in section 1-4-1 of this Code. In addition to a criminal penalty, the violation of any of the provisions of this chapter may result in either the suspension or revocation of the stationless bicycle share program. (Ord. 31-18, 8-21-2018; amd. 2019 Code)
3-14-18: Mandatory Review
The Director shall conduct a comprehensive review of stationless bicycle share programs and individual stationless bicycle share licensees within six (6) months of the effective date of this chapter or within three (3) months of the deployment of any device by a bicycle share operator licensed pursuant to this chapter, whichever occurs first. Thereafter, a comprehensive review by the Director shall be conducted every six (6) months, until directed otherwise by City Council. Results of each comprehensive review shall be shared with Mayor and Council. (Ord. 31-18, 8-21-2018)