35-19 - STATIONLESS BICYCLE SHARE PROGRAM

Ordinance NO. ORD-35-19

BY THE COUNCIL CLEGG, LUDWIG, MCLEAN, SANCHEZ, THOMSON AND WOODINGS

AN ORDINANCE AMENDING BOISE CITY CODE TITLE 3, CHAPTER 1, ARTICLE A, SECTION 3 TO UPDATE TERM “STATIONLESS BICYCLE SHARE PROGRAM” TO “STATIONLESS SHARED MOBILITY PROGRAM”; AMENDING BOISE CITY CODE TITLE 3, CHAPTER 1, ARTICLE A, SECTION 4 TO REPEAL TWO DEFINITIONS AND TO UPDATE A TERM USED WITHIN THE DEFINITION OF “TIER THREE BUSINESS”; PROVIDING FOR A WAIVER OF THE READING RULES; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO:

Section 1. That existing Boise City Code Title 3, Chapter 1, Article A, Section 3, shall be, and hereby is, amended as follows:

3-1A-3: SCOPE:


This article sets forth policies, standards, requirements, and procedures applicable to all of the following persons, businesses, trades and occupations licensed or regulated by the City:

Topic

Code Reference

Alarm installer and alarm installation service

Title 3, chapter 12

Alcohol beverage catering

Title 3, chapter 3

Alcoholic beverage

Title 3, chapter 3

Auction house, auction sale, and auctioneer

Title 3, chapter 8

Child care facility

Title 3, chapter 6

Child care worker

Title 3, chapter 6

Commercial driver

Title 3, chapter 13, article B

Commercial vehicle

Title 3, chapter 13, article B

Eating and drinking

Title 4, chapter 3

Going out of business sale

Title 3, chapter 1, article B

Immobilization agent

Title 3, chapter 15

Immobilization service

Title 3, chapter 15

Massage establishment

Title 3, chapter 10

Non-aerial fireworks and public fireworks display

Title 5, chapter 12

Non-commercial kennel

Title 5, chapter 1

Non-consent towing services

Title 3, chapter 16

Pawnbroker

Title 3, chapter 7

Precious metal dealers

Title 3, chapter 9

Private patrol agent

Title 3, chapter 12

Private security service

Title 3, chapter 12

Sidewalk cafe permit

Title 3, chapter 4

Solicitor

Title 3, chapter 2

Special events

Title 3, chapter 17

Stationless bicycle shared mobility programs

Title 3, chapter 14

Taxicab business

Title 3, chapter 13, article A

Taxicab driver

Title 3, chapter 13, article A

Taxicab vehicle

Title 3, chapter 13, article A

Temporary merchant

Title 3, chapter 2

Tree pruning and tree removal

Title 3, chapter 14

Valet, both regular and special event

Title 3, chapter 11

Vendor

Title 3, chapter 2

Section 2. That existing Boise City Code Title 3, Chapter 1, Article A, Section 4, shall be, and hereby is, amended as follows:

3-1A-4: DEFINITIONS:


For the purposes of this chapter, the following terms, phrases, words and derivations shall 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.

APPLICANT: A person who applies for a license to engage in or operate a regulated business within the City.

CITY: The City of Boise City, Idaho.

CITY CLERK'S OFFICE: The Office of the City Clerk of the City or its designee.

CONVICTION: An individual is considered to have been convicted of a criminal offense for purposes of this title when:

A. A judgment of conviction, adjudication, or withheld judgment has been entered against the individual by any Federal, State, military, or local court;

B. There has been a finding of guilt against the individual by any Federal, State, military, or local court;

C. A plea of guilty or no contest by the individual has been accepted by any Federal, State, military, or local court; or

D. The individual has entered into or participated in first offender, deferred adjudication, or other arrangement or program where judgment of conviction has been withheld. This includes when the individual has entered into participation in a drug court, mental health court, domestic violence court, or other specialty court.

DIRECTOR: The Director of the Department of Finance and Administration or the Director's designee, who must be an employee of the City.

DISQUALIFYING CRIME: A conviction for a crime that results in a denial, revocation, or suspension of a license to an applicant or licensee.

DRIVING BUSINESS: A business where the primary nature of the business requires the applicant or licensee, his employees or agents to drive a motor vehicle in order to engage in or operate the business. The term "driving business" includes chapter 13, article B, "Commercial Transportation Vehicles"; chapter 16, "Nonconsent Towing Services"; chapter 13, article A, "Taxicabs"; and chapter 11, "Downtown Valet Parking", of this title.

GOOD CAUSE: A substantial reason that affords a legal excuse.

LICENSE: Written permission from the City to engage in or operate a business regulated by the City pursuant to this Code. The term "license" includes the word "permit".

LICENSEE: A person holding a valid license issued by the City Clerk's Office pursuant to this article.

LICENSING OFFICE OR OFFICER: The City Clerk's Office or its designee, who must be an employee of the City.

PERSON: Any individual, partnership, association, corporation, or organization of any kind, or any governmental entity, including the State of Idaho and every political subdivision thereof.

PERTINENT LICENSE CHAPTER: The chapters in this Code specifically addressing the additional requirements, disqualifications, and substantive rules governing each regulated business listed in section 3-1A-3 of this article.

REGULATED BUSINESS: A business, trade, or occupation for which a license is required by this article.

REVOCATION: The permanent removal of a license.

SATISFACTORY DRIVING RECORD: A driving record that includes, but is not limited to, less than eight (8) points within twelve (12) months of applying for or renewing a license, and no suspensions or revocations of a driver's license within three (3) years of applying for or renewing a license.

STATIONLESS BICYCLE SHARE OPERATOR: A person who owns, manages, or operates a Stationless Bicycle Share Program.

STATIONLESS BICYCLE SHARE PROGRAM: A for hire system of self-service bicycles, E-bikes, or motorized scooters that does not require either a rack or sharing station, or other stationary object.

SUSPENSION: The temporary removal of a license.

TIER 1 BUSINESS: The following are tier 1 businesses:

A. Alcoholic beverage;

B. Alcohol beverage catering;

C. Auction house, auction sale, and auctioneer;

D. Eating and drinking;

E. Going out of business sale;

F. Non-aerial fireworks, and public fireworks display;

G. Non-commercial kennel;

H. Sidewalk cafe permit;

I. Special events; and

J. Tree pruning and tree removal.

TIER 2 BUSINESS: The following are tier 2 businesses:

A. Immobilization agent;

B. Immobilization service;

C. Pawnbroker;

D. Precious metal dealers;

E. Non-consent towing services;

F. Temporary merchant;

G. Temporary merchant, seasonal; and

H. Vendor.

TIER 3 BUSINESS: The following are tier 3 businesses:

A. Alarm installer and alarm installation service;

B. Child care facility;

C. Child care worker;

D. Commercial driver;

E. Commercial vehicle;

F. Massage establishment;

G. Private patrol agent;

H. Private security service;

I. Solicitor;

J. Stationless bicycle shared mobility programs;

K. Taxicab business;

L. Taxicab vehicle;

M. Taxicab driver; and

N. Valet, both regular and special event.

Section 3. That pursuant to an affirmative vote of one-half (1/2) plus one (1) of the members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with and accordingly, this Ordinance is passed and adopted.

Section 4. That the summary of this Ordinance, attached as Exhibit A, be, and the same is, approved as to both form and content.

Section 5. That this Ordinance shall be in full force and effect after its passage, approval, and publication of a summary of this Ordinance in the official newspaper of the City of Boise.

ADOPTED by the Council of Boise City, Idaho, on July 23, 2019.

APPROVED by the Mayor of the Boise City, Idaho, on July 23, 2019.

APPROVED:

David H. Bieter, Mayor

ATTEST:

Lynda Lowry, Ex-Officio City Clerk