Ord 47-2023 Amending Chapter 94 Article 1 Sec. 94-15 Personal Mobility Devices 08/15/2023 Ordinance No. 47-2023
Ordinance amending Chapter 94, Article I, Section 94-15 to allow for
the expansion of the area, creating new hours of operation, and
limiting the speed of Personal Mobility Devices within the Central
Business District
WHEREAS, the City Council has previously determined the redevelopment of
downtown was part of the City's long-term Strategic Plan; and,
WHEREAS, the use of Personal Mobility Devices enhances the City of Wichita
Falls downtown area by allowing alternative transportation; and
WHEREAS, staff believes this ordinance will expand Personal Mobility Devices will
use and continue to lead to an increase in transportation options, and increased sales;
and
WHEREAS, the City Council concurs with staff's recommendation to amend the
Code of Ordinances at Chapter 94, Article I, Section 94-15.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Wichita Falls Code of Ordinances Chapter 94, Article I, Section 94-15 is hereby
amended and shall hereafter read as follows:
Sec. 94-15 Personal Mobility Devices
(a).Definitions
i. Customer means a person who rents or otherwise uses a Personal Mobility
Devices from an operator
ii. Director means the director of the department designated by the city manager
to enforce and administer this article and includes representatives, agents, or
department employees designated by the director.
iii. Personal Mobility Devices means an electric bicycle, or an electric motor-
assisted scooter, pursuant to the definitions set forth in Texas Transportation
Code, Sections 541 .201 and 551 .351 , that can be located and unlocked using
a smartphone app whether placed in a docking bay, self-standing, or standing
with a kickstand.
iv. Personal Mobility Device Systems means a collection of Personal Mobility
Devices owned and operated by an operator within the City of Wichita Falls
pursuant to and in accordance with this section.
v. Geo-Fence Zone means an area used for Personal Mobility Devices in the City
and which is designated in accordance with this Article defined by GPS or RFID
that registers when a Personal Mobility Device enters or leaves such
designated area and in which operator is allowed to conduct certain activities
as set forth in this Article.
vi. Street means a public roadway, street, or alley in which the municipality has an
interest.
vii. Operator means an individual or company that has been issued an operating
authority permit under this article.
(b).General Duty and Authority of Director.
i. The director shall implement and enforce this article and may by written order
establish such rules or regulations, consistent with this article and state or
federal law, as he determines are necessary to discharge his duty under, or to
affect the policy of, this article, including but not limited to, rules or regulations
on hours of operation, slow zones, and areas where riding Personal Mobility
Devices are prohibited. The director may contract with vendors to assist with
data collection and analysis and to collect and store Personal Mobility Devices
deployed or parked in violation of this chapter.
(c).Location
i. Personal Mobility Device Systems shall only be allowed to operate within the
Downtown Area located within the boundaries as follows:
• Beginning at the Northwest corner of the intersection of the Circle Trail
and Burnet Street, heading southeast following the east side of Burnett
Street to the intersection of Burnett Street and 15th Street;
• Continuing West following the south side of 15th Street to the intersection
of 15th Street and Scott Avenue and Kell West Boulevard;
• Continuing Northeast along the north side of Kell West Boulevard to the
intersection of Kell West Boulevard and the BNSF Railway rail tracks;
• Continuing Northwest along the eastside of the BNSF Railway rail tracks
to the intersection of the BNSF Railway rail tracks and the Circle Trail;
• Continuing East along the southside of the Circle Trail to the intersection
of the Circle Trail and Burnett Street where it ends.
ii. The boundaries of the "Downtown Area" include and incorporate an area 100
feet from the furthermost curb line of the boundary. Wherever boundaries are
drawn at street intersections, the entire intersection is included inside the
boundaries. Legal description controls over any map. (Exhibit A)
ii. Personal Mobility Devices that are privately owned are not subject to this
ordinance and may be used according to state law.
(d).Permit Required
i. Personal Mobility Device systems are allowed pursuant to this Article, and
Personal Mobility Devices may operate in the City only in accordance with the
terms of a City permit and must comply with all the provisions of this Article and
applicable law. Permits shall be issued upon payment for a 12-month period
unless expressly provided otherwise in this Article.
ii. A permit fee shall be set by a separate ordinance.
(e).Permit Application.
i. A person desiring to provide a Personal Mobility Devices system must first
submit an application for a permit or for renewal of a permit, and may not
operate such system until the permit or renewal thereof is approved by the City.
The permit application shall contain the following:
1 . The name and form of business of the operator;
2. The name, phone number, and business street address (and mailing
address if different) of the operator and operator's agent for service of
legal process, if different;
3. The name, phone number (including cell number), street address of the
local representative of the operator to the City available and authorized
to act on behalf of the operator;
4. Size and location of the fleet;
5. A photographic image or visual representation of each type of bicycle to
be deployed as part of operator's Personal Mobility Devices system;
6. A description of an internet-enabled mobile device application to be used
by customers to register membership to locate, use, pay for, lock, and
unlock each bicycle;
7. The proposed geo-fence zones, including any area in which operator
plans to expand its Personal Mobility Devices system during the permit
period;
8. Proposed home zones in the City, if any;
9. A plan for operator to maintain each bicycle in a safe and operable
condition, and to recover and repair Personal Mobility Devices
discovered or reported to be unsafe or inoperable before redeployment;
10.A plan for an operator to rebalance and relocate Personal Mobility
Devices
11 .A plan for educating customers on the safe use of a bicycle, knowledge
of compliance of all applicable laws and proper bicycle parking;
12.Proof of current coverage of insurance as required by this Article;
13.Payment of a permit fee in the amount applicable to the operator as
specified in this Article;
14.The provision of any other information reasonably requested by the City
in making its determination.
(f). Granting and Renewing Permits, denial of permits, and revocation of permits.
i. Granting or renewing permit. A person may operate a Personal Mobility
Devices system only with a properly granted or renewed City permit as set forth
in this Article, and only in accordance with applicable law.
ii. Denial of permit. The application shall be denied and no permit shall be issued
if the City finds that:
1 . Any statement made in the application is incomplete, inaccurate,
misleading, or false;
2. The operator, its partners, officers, owners, and other principals have
not paid to the City all fees due under this Article; or
3. The operator has otherwise not complied with this Article or has had a
history of noncompliance with the provisions of this Article.
iii. Revocation of permit.
1 . The City may revoke a permit due to operator's failure to comply with its
permit, this Article, or any applicable federal, state, or local law or
regulation.
2. Permits may also be revoked for one or more of the following reasons:
a. Poor customer response or service;
b. Posing an unreasonable risk to the health, safety and welfare of
the general public;
c. Having a history of violating one or more requirements of this
Article;
3. Notice of denial or revocation. The City shall provide written notice within
ten days of the denial or revocation of a permit to operator, which notice
shall state the reason(s) for the decision and inform the operator of its
right to appeal the decision in writing including by when and to whom it
must be delivered.
(g).Operations
i. Each operator shall provide Personal Mobility Devices to accommodate a wide
range of users.
ii. Each Personal Mobility Device permitted under this article must display the
emblem of the operator along with a unique identification number.
iii. Personal Mobility Devices must meet all requirements of local, state, and
federal law. Personal Mobility Devices must be high quality and sturdily built
to withstand the effects of weather and constant use for five years.
iv. Personal Mobility Devices must be well maintained and in good riding condition.
v. Each Personal Mobility Devices permitted under this article must be equipped
with active global positioning system technology and display a unique
identification number with characters no less than one inch in height per
character.
vi. Spoken word alarm systems are prohibited on Personal Mobility Devices.
vii. Operators shall maintain a staffed operations center.
viii. Operators shall maintain a 24-hour customer service number posted on each
Personal Mobility Devices for customers and citizens to report safety concerns,
make complaints, ask questions, or request a Personal Mobility Devices be
relocated.
ix. Operators shall rebalance Personal Mobility Devices daily.
x. Operators shall provide the director with contact information for someone who
can rebalance and relocate Personal Mobility Devices The operator shall
rebalance or relocate Personal Mobility Devices s within two hours of receiving
notification on weekdays between 6:00 a.m. and 6:00 p.m. (excluding holidays)
and within 12 hours of receiving notice at all other times. An operator shall
notify the director within 24 hours of a change of contact information.
xi. An operator shall remove any inoperable Personal Mobility Device, or a
Personal Mobility Device that is not safe to operate, from the right-of-way within
24 hours of notice from the director. A Personal Mobility Device removed from
the right-of-way in accordance with this subsection must be repaired before it
is returned to revenue service.
xii. An operator shall provide the director with special access, via the operator's
app or other device, to immediately unlock and remove Personal Mobility
Devices that are blocking access to city property or the public right-of- way.
xiii. The director may remove a Personal Mobility Device from city property or the
right-of-way that is parked in violation of this article. The operator is responsible
for the costs of removal and storage set by a separate fee ordinance.
xiv. If the city incurs any costs addressing or abating any violations of this article,
or incurs any costs of repair or maintenance of public property, the operator
shall reimburse the city for the costs within 30 days of receiving written notice
from the director.
xv. An operator shall not place or attach any personal property (other than
Personal Mobility Devices), fixtures, or structures in the public right-of-way
without the separate written permission of the director. Any permission to place
items in the public right-of-way must be incorporated into the permit.
xvi. An operator shall not adversely affect the property of any third parties during
the use of city property or the public right-of-way.
xvii. An operator shall notify the Director monthly of any accidents or injuries
involving a Personal Mobility Device.
(h).Parking, and Deployment
i. Personal Mobility Devices may only be operated on public streets within the
designated area herein.
ii. Personal Mobility Devices shall be limited to no more than a speed of 25 mph.
iii. Personal Mobility Devices shall be limited to the hours of operation from 6:00
a.m. to 12:00 a.m. (midnight).
iv. Personal Mobility Devices may not be parked in a manner that would impede
normal and reasonable pedestrian access on a sidewalk or in any manner that
would reduce the minimum clear width of a sidewalk to less than 36 inches.
v. Personal Mobility Devices may not be parked in a manner that would impede
vehicular traffic on a street or alley.
vi. Personal Mobility Devices may not be parked in a manner that would impose a
threat to public safety or security.
vii. Personal Mobility Devices may not be parked on a public street without specific
permission from the director.
viii. Personal Mobility Devices may not be deployed on a block where the sidewalk
is less than 36 inches in width, or on a block that does not have sidewalks
unless a docking zone is safely created for this block. The director may
determine other blocks where deploying dockless vehicles is prohibited.
ix. Personal Mobility Devices may only be deployed on private property with the
permission of the property owner, or on government owned or controlled
property with the permission of the governmental official.
x. Personal Mobility Devices must stand upright while parked.
xi. Personal Mobility Devices may not be parked in a visibility triangle.
xii. Personal Mobility Devices may not be parked within five feet of a crosswalk or
curb ramp unless given specific permission by the director. Personal Mobility
Devices must be parked in a manner to provide a 20-foot clear zone around
transit stops, shelters, or platforms.
xiii. Personal Mobility Devices may not be parked in a way that blocks:
1 . Transit stops, shelters, or platforms.
2. Commercial loading zones.
3. Railroad tracks or crossings.
4. Passenger loading zones.
5. Disabled parking zones.
6. Street furniture that requires pedestrian access (for example, benches
or parking pay stations).
7. Building entryways.
8. Vehicular driveways.
xiv. Personal Mobility Devices that are parked in an incorrect manner must be re-
parked or removed by the operator within two hours of receiving notice from
the director between 5:00 a.m. and 12:00 a.m. (midnight) on a daily basis.
xv. The director may remove and store any Personal Mobility Devices that is left
unutilized at the same location for five or more consecutive days.
xvi. The director shall invoice the operator for the cost of removal and storage.
xvii. The director may identify designated Personal Mobility Devices parking zones.
Subject to advance approval of the director, an operator may indicate virtual
Personal Mobility Devices parking areas with paint or decals where appropriate
in order to guide riders to preferred parking zones in order to assist with orderly
parking of Personal Mobility Devices throughout the city.
xviii. Every person riding a Personal Mobility Devices upon the streets of the city
shall be subject to provisions of all laws and ordinances applicable to the
operator of any other vehicle, except those provisions of laws and ordinances
which, by their very nature, can have no application.
xix. A person commits an offense if the person rides a Personal Mobility Devices in
violation of time of day or locational restrictions or on a public sidewalk.
(i). Insurance Requirements.
i. An operator shall procure and keep in full force and effect no less than the
insurance coverage required by this section through a policy or policies written
by an insurance company that:
1 . is authorized to do business in the State of Texas;
2. is acceptable to the city; and
3. does not violate the ownership or operational control prohibition
described in this section.
ii. The insured provisions of the policy must name the city and its officers and
employees as additional insureds, and the coverage provisions must provide
coverage for any loss or damage that may arise to any person or property by
reason of the operation of a dockless vehicle.
iii. An operator shall maintain the following insurance coverages:
iv. The commercial general liability insurance must provide single limits of liability
for bodily injury (including death) and property damage of $1 million for each
occurrence, with a $2 million annual aggregate.
v. If an operator will utilize motor vehicles in its operations, the business
automotive liability insurance must cover owned, hired, and non-owned
vehicles, with a combined single limit for bodily injury (including death) and
property damage of $500,000 per occurrence.
vi. Worker's compensation insurance with statutory limits.
vii. Employer's liability insurance with the following minimum limits for bodily injury
by:
1 . Accident, $500,000 per each accident; and
2. Disease, $500,000 per employee with a per policy aggregate of
$500,000.
viii. Insurance required under this article must:
1 . Include a cancellation provision in which the insurance company is
required to notify the director in writing not fewer than 30 days before
cancelling the insurance policy (for a reason other than non-payment) or
before making a reduction in coverage;
2. Include a cancellation provision in which the insurance company is
required to notify the director in writing not fewer than 10 days before
cancelling for non- payment;
3. Include an endorsement to waive subrogation in favor of the city and its
officers and employees for bodily injury (including death), property
damage, or any other loss.
4. Cover all dockless vehicles during the times that the vehicles are
deployed or operating in furtherance of the operator's business;
5. Include a provision requiring the insurance company to pay every
covered claim on a first-dollar basis;
6. Require notice to the director if the policy is cancelled or if there is a
reduction in coverage; and
7. Comply with all applicable federal, state, and local laws.
ix. No person who has a 20 percent or greater ownership interest in the operator
may have an interest in the insurance company.
x. An operator may not be self-insured.
xi. Any insurance policy required by this article must be on file with the city within
45 days of the issuance of the initial operating authority permit, and thereafter
within 45 days of the expiration or termination of a previously issued policy.
(j). Data Sharing:
i. An operator shall comply with the mobility data specification (MDS) standard
and cooperate with the city in the collection and analysis of aggregated data
concerning its operations.
ii. An operator shall provide live MDS data to city data vendors. City data vendors
shall supply the director a daily report of aggregated data for the previous 24
hours. City data vendors shall not supply the director with live MDS data. The
director may request aggregated data from data vendors at other times when
necessary for law enforcement and other emergencies.
(k).Criminal Offenses.
i. A person commits an offense if he violates or attempts to violate a provision of
section 94-15. A culpable mental state is not required for the commission of
an offense under this article unless the provision defining the conduct expressly
requires a culpable mental state. A separate offense is committed each day in
which an offense occurs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
3. It is the intention of the City Council of the City of Wichita Falls, Texas, that the
provisions of this ordinance shall become a part of the Code of Ordinances of the
City of Wichita Falls, Texas, and that sections of this ordinance may be
renumbered or relettered to accomplish such intention.
4. Should any word, phrase, paragraph, section or portion of this ordinance or the
Code of Ordinances, as amended hereby, be held to be void or unconstitutional,
the same shall not affect the validity of the remaining portions of said ordinance or
the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
5. This ordinance shall become effective on September 14, 2023.
PASSED AND APPROVED this the 15th day of August 2023.
4
MAYOR
ATTEST:
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Aerial Map Legend
CITY OF WGHITA FALLS,PLANNING DIVISION
MAP PRODUCED BY:Cedric Hu Operable Area
DATE PRODUCED.1 August 2023
1 Parcels