HomeMy Public PortalAbout2019_12_10_O023 Town Code Amendments to Regulate Dockless Mobility Operations (Businesses that Operate For Hire Motorized Skateboards, Scooters, Electric BicyclesThe Town of
Leesburg,
Virginia
PRESENTED:
ORDINANCE NO. 2019-0-023 ADOPTED:
December 10, 2019
December 10, 2019
AN ORDINANCE: AMENDING THE .TOWN CODE TO REGULATE DOCKLESS
MOBILITY. OPERATIONS
CHAPTER 32 (TRAFFIC AND VEHICLES), ARTICLE IV (OPERATION OF VEHICLES
GENERALLY) BY ADDING NEW SECTIONS, 32-132 - (PERMIT APPLICATION PROCESS
FOR DOCKLESS MOBILITY OPERATIONS), 32-133 (OPERATING REGULATIONS) AND 32-
134 (RECKLESS RIDING)
CHAPTER 32 (TRAFFIC AND VEHICLES), ARTICLE -VI (BICYCLES), SECTION 32-
272 (BICYCLE HELMETS)
WHEREAS, Virginia Code § 46.2-1315. authorizes the Town to regulate the operation of
motorized skateboards or scooters, bicycles, or electric power -assisted bicycles for hire and, in the
absence of regulation; would allow motorized skateboards or scooters, bicycles, or electric power -
assisted bicycles to be offered for hire without restriction in any locality on or after January 1,
2020; and
WHEREAS, the unregulated operation of motorized skateboards or scooters, bicycles, or
electric power -assisted bicycles for hire may pose a risk to the health, safety, and welfare of Town
residents and visitors, including pedestrians and vehicle user.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I: Amendments to Chapter 32 (Traffic and Vehicles), Article IV (Operation of
Vehicles Generally) are as follows:
Sec. 32-132. — Permit Application Procedures for Dockless Mobility Operations
The purpose of the following sections is to establish rules and regulations governing
businesses that rent dockless skateboards, scooters or bicycles to users in the Town ("dockless
mobility operations") for dockless (i) bicycle or electric power -assisted bicycles and (ii)
motorized skateboard or scooters ("shared mobility device"). These provisions apply to any
deployment of dockless mobility operators (to include direct rental or similar programs) within
the Town's jurisdictional boundaries.
-2-
AN ORDINANCE: AMENDING THE TOWN CODE TO REGULATE DOCKLESS
MOBILITY OPERATIONS
a. Any person seeking to operate a dockless mobility operation within the Town must first
obtain a Permit from the Department of Finance and Administrative Services,
conditioned on compliance with the Operating Regulations contained in this
section. The Permittee will be required to obtain a business license and will be
responsible for all applicable local fees and taxes.
b. No person shall operate a dockless mobility operation within the Town without a Permit.
Any person who operates a dockless mobility operation without a permit shall be subject
to a civil penalty not to exceed One Thousand Dollars ($1000.00) for each violation
within the discretion of the court. Each day of violation shall constitute a separate
offense.
c. The Town Manager or the Town Manager's designee, may revoke any Permit without
prior notice for failure to comply with the Operating Regulations below.
d. Any person whose Permit application has been denied, or whose Permit has been
revoked or terminated, may file an appeal with the Town Manager by submitting a
written statement to the Town Manager within 10 business days of the denial or
revocation. The written statement shall describe the basis of the objection. The Town
Manager shall issue a final decision on the appeal within 10 business days. Any
Permittee whose Permit has been revoked may not apply for another Permit within six
months from the date in which the Permit was revoked.
Sec. 32-133. — Operating Regulations
The following section sets forth the general terms and conditions that will be required in
any Permit issued by the Town:
a. Equipment Requirements
1. All bicycles and electric power -assisted bicycles shall meet the standards established
in the Code of Virginia (currently § 46.2-1015), including lighting during_ operation
in darkness.
2. The Town may increase or decrease the permitted top speed of any shared mobility
device at its discretion.
3. All motorized skateboards or scooters shall meet the safety standards established in
the Code of Virginia (currently § 46.2-1015), requiring both headlight and taillight.
4. Each shared mobility device shall be equipped with an on -board GPS device capable
of providing real-time location.
5. An operator identifier must be permanently affixed to each shared mobility device.
6. All shared mobility devices must be equipped with devices that allow the Permittee
to render by remote means a device inoperable if it has been reported to Permittee
as being damaged or defective.
-3-
AN ORDINANCE: AMENDING THE TOWN CODE TO REGULATE DOCKLESS
MOBILITY OPERATIONS
b. Operations
1. Each Permit shall designate the specific number of shared mobility devices that the
Permittee may deploy in the Town.
2. The Town Manager reserves the right to order the removal of all shared mobility
devices due to weather or other local situations, events, or emergencies for up to
72 hours.
3. Permittees must be aware of and plan for Town events, providing additional
staffing, rider education/awareness, and temporary no -ride and no -park zones as
necessary.
4. Permittees shall provide administrative access for town officials to relocate shared
mobility devices that are blocking the public right- of -way or creating obstacles for
vehicles or pedestrians.
c. Safe Riding and Parking
1. Shared mobility devices must be parked upright on hard surfaces in a manner that
does not obstruct or impede the public right of way.
2. Permittees must apply geo-fencing specifications provided by the Town to direct
users to designated parking areas. Users shall not be allowed to sign out of their
rides unless parked in a designated area.
3. Shared mobility devices must be parked in such a manner as to provide a 4-foot
pedestrian clear zone area in the sidewalk.
4. Shared mobility devices cannot be parked in such a manner as to impede or
interfere with any fire hydrant, call box, or other emergency facility; bus bench;
utility pole or box; or the reasonable use of any commercial window display, or
access to or from any building.
5. Shared Mobility devices cannot be parked in such a manner as to impede or
interfere with the reasonable use of any bicycle rack or news rack.
6. The Town Manager, or the Manager's designee, reserves the right to determine
certain blocks where parking is prohibited. Shared mobility devices may be left in
on -street parking spaces only if the Town Manager, or the Manager's designee, has
officially designated those spaces as shared mobility parking stations. The Town
will apply visible markings to identify any such parking stations.
7. Shared mobility devices cannot be parked adjacent to or within:
a. Transit zones, including bus stops, shelters, passenger waiting areas.,
b. Loading zones;
c. Handicapped parking zones;
d. Street furniture that requires pedestrian access;
e. Curb ramps; and
f. Driveways.
-4-
AN ORDINANCE: AMENDING THE TOWN CODE TO REGULATE DOCKLESS
MOBILITY OPERATIONS
8. Permittees shall stop placing scooters or bicycles, or allowing customers to place
scooters or bicycles, in front of any address provided by the Town within 48 hours
of notice.
9. Any shared mobility device found to be in violation of this section is subject to
removal; the Permittee must pay thirty-five dollars ($35.00) for each shared
mobility device removed and five dollars ($5.00) per day of storage, including the
day of removal and the day of release from storage. The Town shall provide notice
of removal within twenty-four (24) hours of removal.
10. Upon notification that a Permittee's shared mobility device is improperly parked,
left standing, or unattended on any sidewalk, street, or public right-of-way under the
jurisdiction of the Town, the Permittee shall remove the scooter or bicycle within
two hours.
d. Insurance
1. The Permittee will be required to purchase and maintain, at its sole expense, and
from a company or companies authorized to do business in Virginia, insurance
policies containing the following types of coverages and minimum limits:
a. Workers' Compensation - Statutory requirements and benefits. This policy
shall specifically list Virginia as a covered state.
b. Employer's Liability - $100,000. This policy shall specifically list Virginia
as a covered state.
c. Commercial General Liability - $1,000,000 per occurrence. The Town and
its officers, employees, agents and volunteers must be named as an
additional insured and so endorsed on the policy.
d. Automobile Liability-$1,000,000 per occurrence. (Only used if motor
vehicle is to be used in the agreement.)
e. All insurance coverage:
1. shall be issued by an insurance carrier authorized to do business
within the Commonwealth of Virginia and otherwise acceptable to
the Town;
2. shall be kept in force throughout the permit time period;
3. Prior to operation, the Permittee shall (i) have all required insurance
coverage in effect (ii) the Permittee shall deliver to the Town
certificates of insurance for all lines of coverage, or other evidence
satisfactory to the Town in its sole discretion.
Sec. 32-134--Reckless Riding
No person shall ride a shared mobility device recklessly or at a speed or in a manner so as
to endanger the life, limb or property of the rider or of any other person. Any person carrying an
-5-
AN ORDINANCE: AMENDING THE TOWN CODE TO REGULATE DOCKLESS
MOBILITY OPERATIONS
additional person on the same shared mobility device shall presumed to be riding recklessly. Any
person who knowingly violates this section shall be guilty of a traffic infraction and be subject to
a fine of not more than $50.00.
CHAPTER 32 (TRAFFIC AND VEHICLES), ARTICLE VI (BICYCLES), SECTION
32-272 (BICYCLES)
Sec. 32-272. — Bicycle helmets.
(a) Every person 14 years of age or younger shall wear a protective helmet that at least
meets the consumer product safety commission standard whenever riding or being carried on a
bicycle, an electric personal assistive mobility device, a toy vehicle, or an electric power -assisted
bicycle or motorized skateboard or scooter on any highway, sidewalk, or public bicycle path.
(b)Violation of this section shall be punishable by a fine of $25.00. However, such fine shall be
suspended for first-time violators and for violators who, subsequent to the violation but prior to
imposition of the fine, purchase helmets of the type required by this section.
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
SECTION III. Severability. If a court of competent jurisdiction declares any provision of
this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole
or any remaining provisions of the Leesburg Town Code.
SECTION IV. This ordinance shall be effective upon its adoption.
PASSED this 10th day of December, 2019.
Town of Leesburg
ATTEST:
Clerk of Council
LF\LeesburgRMS\Town_Clerk\Ordinances\2019\1210 Town Code Amendments to Regulate Dockless Mobility Operations (Businesses that
Operate For Hire Motorized Skateboards, Scooters, Electric Bicycles)