LEGISLATIVE ACTION ITEM
SPONSOR: Grover C. Robinson, IV, Mayor
SUBJECT:
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REVISED: PROPOSED ORDINANCE NO. 01-22 - PROPOSED AMENDMENT TO CHAPTER 7-9 OF THE CODE OF THE CITY OF PENSACOLA - DOCKLESS SHARED MICROMOBILITY DEVICES PILOT PROGRAM
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RECOMMENDATION:
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The City Council adopt Proposed Ordinance No. 01-22 as revised on second reading:
AN ORDINANCE OF THE CITY OF PENSACOLA, FLORIDA AMENDING CHAPTER 7-9 OF THE CODE OF THE CITY OF PENSACOLA TO REGULATE A DOCKLESS SHARED MICROMOBILITY DEVICE PILOT PROGRAM; PROVIDING FOR INDEMNIFICATION AND INSURANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
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HEARING REQUIRED: No Hearing Required
SUMMARY:
On September 12, 2019, City Council adopted Ordinance 17-19 to allow and regulate a franchise agreement for the commercial rentals of Micromobility Devices. HB 453 was previously passed and resulted in the following changes that affected local governments:
• The new law references FS 316.008 “powers of authorities” and states that this new law does not prevent local governments from adopting an ordinance that “governs the operation of micromobility devices and motorized scooters on streets, highways, sidewalks, and sidewalk areas.”
• “Motorized scooter” definition was changed to include any vehicle or micromobility device that is powered by a motor and now also includes those having a seat or saddle.
• “Micromobility device” was added under FS 316.003 which creates a specific definition for any motorized transportation device (including motorized scooters) that is rented via an online app and is not capable of traveling at a speed greater than 20 miles per hour.
• Motorized scooters and micromobility devices are not required to be registered as vehicles or maintain insurance.
• Riders on motorized scooters and micromobility devices are not required to have a driver’s license.
• Motorized scooter and micromobility devices are excluded from the definition of “motor vehicle” FS 320.01.
• The new law grants the operators of these micromobility devices all of the same rights and duties of bicycle riders.
Ordinance 17-19 created Chapter 7-9 within the City Code of Ordinances and establishes a 12-month shared micromobility device pilot program for the operation of
shared micromobility devices on sidewalks and sidewalk areas within the city limits.
Section 7-9-5 (f) states that use of public sidewalks for parking micromobility devices and motorized scooter shall not:
• Adversely affect the streets or sidewalks.
• Inhibit pedestrian movement.
• Inhibit the ingress and egress of vehicles parked on- or off-street.
• Create conditions which are a threat to public safety and security.
• Prevent a minimum four-foot pedestrian clear path.
• Impede access to existing docking stations, if applicable.
• Impede loading zones, handicap accessible parking zones or other facilities specifically designated for handicap accessibility, on-street parking spots, curb ramps, business or residential entryways, driveways, travel lanes, bicycle lanes or be within 15 feet of a fire hydrant.
• Violate Americans with Disabilities Act (ADA) accessibility requirements.
Other major components include a 15-mph limit for devices, ability to permanently geofence areas where devices should not be ridden, and a cap of no more than 500 micromobility devices, distributed equally among the vendors selected to participate in the pilot program.
Two vendors (Bird and Veo) were ultimately selected through an RFQ process with the ability to each deploy up to 250 scooters. Once selected as a pilot program participant, the vendor is required to submit a one-time, nonrefundable permit fee of $500.00 and a one-time, nonrefundable fee in the amount of $100.00 per device deployed by the vendor.
Since deployment of the electric scooters on July 19, 2021, there have been 55,011 total rides, 120,011 miles ridden, and 38,176 Co2 lbs saved. There have been twenty-three (23) 311 submittals regarding concerns over scooters and seven (7) reported crashes. Most rides have started and ended in the downtown core.
During the past six months staff has implemented several strategies to stay responsive to the needs of the community. Actions taken include implementation of a slow zone, fines for abandonment, and ID verification. The pilot program operating agreement and permit will automatically expire at the end of the 12-month period, unless extended, or otherwise modified, by the city council. Moving forward staff is recommending several changes to the ordinance for the remaining six months of the pilot program to address current concerns.
Proposed changes to the ordinance (as presented in the initial draft and agenda packet) include the following:
• Amend Section 7-9-3 and 7-9-5 to restrict riding of micromobility devices to roadways within city limits. Parking a micromobility device on a sidewalk shall still be allowed so long as it meets the requirements of the Section 7-9-5 and the operating agreements.
• Amend Section 7-9-4 to allow micromobility device operation and availability between 5:00 am and 10:00 pm.
• Amend Section 7- 9- 5 to prohibit riding on certain roadways as designated on the Shared Micromobility Devices Franchise Area Map.
• Amend Section 7-9-5 to prohibit parking on certain sidewalks as designated on the Shared Micromobility Devices Franchise Area Map.
• Amend section 7-9-4 to require a unique identification number to be clearly visible on devices so law enforcement, parking ambassadors, or public may easily identify a scooter.
Based upon additional analysis and input received from Baptist Healthcare, the micromobility vendor, and discussion at the January 18, 2022 Council agenda conference, staff submitted an amended version 1 for consideration on first reading on January 20, 2022 to change the regulation of micromobility devices to be non-operational between the times of 12:00 am - 5:00 am, Friday through Sunday. This restriction would apply only to the downtown area described in the boundary description. The Shared Micromobility Devices Franchise Area Map was also modified to depict the boundary of the downtown area.
On January 20, 2022, City Council made an amended motion to still regulate micromobility devices, so they are not operational between 12:00 am - 5:00 am, Friday through Sunday, but expanded the regulation to the entire service area. Also included in the amended motion, to strikethrough the term motorized scooter to remove confusion regarding applicability of the ordinance to personally owned electric scooters.
These changes are reflected in the amended ordinance version 2 for consideration of final adoption on second reading on February 10, 2022. The Micromobility Devices Franchise Area Map has also been modified to remove the boundary area for the downtown core since the time of operation is service-area wide. The permanent exclusion areas/geofenced areas have also been added to the map for reference.
PRIOR ACTION:
September 12, 2019 - City Council voted to adopt Dockless Shared Micromobility Devices Pilot Program Ord. No. 17-19.
January 20, 2022 - City Council voted to approve on first reading revised Proposed Ordinance No. 01-22 as amended.
FUNDING:
None
FINANCIAL IMPACT:
The two micromobility vendors already paid a one-time permit fee and fee per device at the beginning of the pilot program.
LEGAL REVIEW ONLY BY CITY ATTORNEY: Yes
1/6/2022
STAFF CONTACT:
Kerrith Fiddler, City Administrator
David Forte, Deputy City Administrator - Community Development
Amy Tootle, P.E., Director of Public Works & Facilities
Brad Hinote, P.E., City Engineer
Caitlin Cerame, Transportation Planner
ATTACHMENTS:
1) Revised for 2nd Reading - Proposed Ordinance No. 01-22
2) 2nd Revision Map - Proposed Shared Micromobility Devices Franchise Area
3) Revisions Approved as Amended on 1st Reading - Proposed Ordinance No. 01-22
4) 1st Revision to Map - Proposed Shared Micromobility Devices Franchise Area
5) Original Draft - Proposed Ordinance No. 01-22
6) Original Map - Proposed Shared Micromobility Devices Franchise Area
PRESENTATION: No end