§ 10.04. Bicycle Sharing.

Bike share companies may operate dock-based or dock-less bike share services in the City of Orlando, subject to the following regulations:

(a)

Permit required. Each bike share company must apply for and receive a bike share permit from the City before commencing bike share operations and each bike share company must maintain a valid bike share permit at all times that the company operates a bike share service in the City. Bike share permits may not be assigned or transferred unless approved by the City.

1.

Term of permit. Each bike share permit is valid for one year, but may be renewed for additional one year terms upon application by the permit holder.

2.

Revocation of permit. The transportation director may revoke a bike share permit if the permittee violates any City ordinance or any condition attached to the issuance of the bike share permit. Within seven days of a revocation order being delivered to a permittee, the permittee may request a hearing before the transportation director or assignee. A fair opportunity to be heard shall be provided by the transportation director or assignee within 21 days of the request for a hearing. After the hearing, the director may affirm his or her order, affirm his or her order with conditions, or rescind his or her order. The director's decision shall constitute final agency action.

3.

Application requirements for a permit. Applications for a bike share permit must be made on a permit form provided by the transportation director. The form shall provide with specificity the material and documents needed to complete the application and must at a minimum request information necessary to confirm that the bike share company meets or will meet the requirements of this Chapter and other applicable provisions of City ordinance and state law. The form will include, though not exclusively, an agreement to indemnify the City of Orlando against any and all claims, damages, and liability arising from operation of the bike share company. All bike share permits shall be conditioned on the accuracy of and continued compliance with all material aspects of the application.

4.

Conditions of the permit. The transportation director may approve applications for a bike share permit with special regulations and conditions of operation as he or she deems reasonably appropriate to protect the public health, safety, and welfare.

5.

Application Fee. The initial application for permit must be accompanied by an application fee and a per bicycle fee for each bicycle to be operated under the permit. Applications to renew a permit must also be accompanied by an application fee. The fees referenced herein will be established by City Council resolution.

(b)

Insurance and bond required.

1.

The bike share company must maintain a current and valid combined single-limit policy of commercial general liability insurance coverage in the amount of at least $1 million per occurrence for bodily injury and property damage.

2.

The insurance policy required by paragraph 1. must be issued by a company authorized to do business in the State of Florida and the insurance policy must include endorsements making the City of Orlando an "additional insured" and conditioning the cancellation of the policy on prior written notice to the City.

3.

All bike share companies must maintain a performance bond in an amount per bicycle as set by resolution of Council. The form of the bond must be approved by the City and will list the City of Orlando as an additional obligee. The bond funds will be accessible to the City (in that the City will be paid directly by the surety) for costs incurred by the City for removing and storing improperly parked bicycles after the City's provision of notice to the bike share company or if a bike share company fails to remove bicycles when its permit expires or is terminated. Payment will be made from the surety to the City within 30 days after the City's submittal of an invoice to the surety certifying costs as described above. Documentation confirming this bond requirement must be readily available for inspection by the City.

(c)

Bicycle regulations. Each bicycle provided as part of a bike share service by a bike share company must:

1.

Meet the requirements for bicycles as set forth in 16 Code of Federal Regulations Part 1512 and section 316.2065, Florida Statutes.

2.

Prominently display the bike share company's logo.

3.

Display a telephone number by which a user may contact the bike share company for customer support.

4.

Be lawfully parked when not in use.

5.

Be properly maintained for safe travel by the bike share company.

(d)

Company responsibilities. Each bike share company must:

1.

Be a business organization authorized to do business in the State of Florida and maintain active organizational status with the Florida Division of Corporations.

2.

Provide the transportation director with the name and contact information for the bike share company's local program administrator. The local program administrator must be a person authorized by the bike share company to represent the company with the City and to authoritatively respond to questions or concerns about the company's operations.

3.

Keep a representative available by phone 24 hours a day, 7 days a week, in order to respond to questions or concerns about the company's operations. The telephone number to reach the representative must be prominently displayed within the company's online application or website and also on each bicycle as required by Paragraph (c) 3. of this section.

4.

Reimburse the City for costs incurred to address or abate any violations of this Section or costs incurred for the repair or maintenance of public property arising from the operations of the bike share company.

5.

Pay the City an annual "per bicycle fee" as referenced in section 10.04(a)(5), for each bicycle to be rented or leased by the bike share company within the City. The fee term for each such bicycle expires one year after payment to the City but may be renewed for additional one year terms upon payment of a renewal fee in an amount established by City Council resolution. No bicycle shall be rented or leased by the bike share company except within the applicable fee term for said bicycle.

(e)

Docking stations. Docking stations may not:

1.

Be placed in part or whole on any public property without the prior express written consent of the City.

2.

Be placed in part or whole on any private property without the prior express written consent of the property owner.

(f)

Minimum requirements of the software application. At a minimum, the bike share company's software application must:

1.

Provide clear notification that riders must operate in compliance with state and local law.

2.

Provide an interface that allows riders to notify the bike share company of an issue relating to the safety or maintenance of a bicycle.

(g)

Rebalancing, relocating, and removing bicycles. Rebalancing a bike share fleet is the act of geographically dispersing and re-dispersing bicycles to maintain a balanced availability of bicycles throughout a bike share company's service area. Relocating a bike share bicycle is the act of moving a bicycle when the bicycle is parked in an unlawful, unsafe, or un-useful location. Each bike share company must:

1.

Remove any bicycle that is inoperable or does not conform to the requirements of this Chapter.

2.

Continuously rebalance its bike share fleet in order to maintain a useful distribution of bicycles as necessary to maximize bike share demand and utility to the cycling public.

3.

Relocate a bicycle within two hours of a request to do so by the transportation director or assignee.

4.

Immediately remove and safely store its bike share fleet when a tropical storm or hurricane warning has been issued for any part of Orange County.

(h)

Monthly reports. Each bike share company must provide a monthly report to the transportation director, which report must include the following minimum information:

1.

The company's total number of local members.

2.

Miles travelled.

3.

Pick-up and drop-off location for each ride.

4.

Total number of active bicycles in the fleet.

5.

A map depicting all individual trips.

6.

The number and type of maintenance requests.

7.

Customer service activities.

8.

An assessment of environmental impacts.

(i)

Administration. This section shall be administered by the director of transportation or designee.

(Ord. of 11-1-1993, Doc. #27001; Ord. No. 2018-56, § 4, 10-8-2018, Doc. #1810081203)