2024-08ORDINANCE NO.2024-08
AN ORDINANCE AMENDING CHAPTER 14 (BUSINESSES) OF THE CODE OF THE
THE CITY OF FAIRFAX, VIRGINIA, TO ADD THERETO A NEW ARTICLE X,
PERTAINING TO SHARED MICROMOBILITY DEVICES FOR HIRE.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 14
of the Code of the City of Fairfax, Virginia, is hereby amended to add a new Article X (Shared
Micromobility Devices for Hire, Required Permit), to read in its entirety as follows:
"CHAPTER 14 - BUSINESSES
"ARTIECLE X. — SHARED MICROMOBILITY DEVICES FOR HIRE REQUIUD
PERMIT
Sec. 14-430. Purpose, applicabilityand administration.
Cam Purpose. The purpose of this article is to regulate shared micromobility devices (as
defined herein) for hire in the city; the operation of such services for hire, the gualification of
businesses providing such services throu h the issuance and administration of -permits issued
hereunder in order to ensure and 12reserve the health safety, and welfare of residents
businesses and the general public, and to ensure hi uali of micromobili devices
throughout the cily. This article is also designed to further city transportation goals and
objectives, including, but not limited to. the City of Fairfax Multimodal Transportation Plan,
as modified from time to time.
b A licabili - . Any person who provides, or a lies to provide, micromobility-devices
for hire and associated services in the city shall be governed by the provisions of this article.
c Administration. The city manager or desi ee shall be charged with administering the
provisions of this article. In the furtherance of this authority, and to meet the purnose(s) of
this article, the city manager or designee shall have the authority to promulgate, and to
subsequently amend. rules, regulations and/or procedures .governing the use and operation of
micromobility devices within the cite:
Sec. 14-431. Definitions.
The following words and terms., when used in this article. shall have the following meaning
unless context clearly indicates otherwise:
"Applicant" means any individual. company, corporatiop. partnership or other such legal
entity that seeks a 12ermit, or an amendment. modification, or revision to such permit.
"Corral" means an area or space designated, through signage or marking. specifically for
parking of micromobility devices.
"Micromobili business" means the entily providingmicromobilit, devices for hire. These
businesses rely on the right-of-way, in part, to store micromobility devices for customer
access and use. Micromobility businesses shall not include regional multi -jurisdictional or
city -provided shared transportation services or businesses otherwise specifically exempted by
the city,
"Micromob&U device" or "device" means a small, fully or partially electric_ battery. or &gas-
powered vehicle that is designed for personal transport and often shared for short. point to
point tri s. Micromobijily devices include but are not limited to motorized skateboards or
scooters, electric power -assisted bicycles, and electric personal assistive mobility devices.
Such definition excludes "wheelchairs" and "other power -driven mobility devices" as those
terms are defined in Virginia Code § 10.1-204.
"Micromobility service" means the service(s) provided by a micromobility.business.
"Permit" means one or more non-exclusive pennits issued by the city to a Micromobility
Business as provided in this article.
"Permit holder" means any. -entity that has been anted a micromobility business ermit.
"Permit term" means the eriod for which apen--nit is effective as defined by the city manager
or designee in the ermit Mplication or as otherwise provided in this article.
Sec. 14-432. Micromobility business permit application.
(a) Permit rewired. A micromobility business seeking to operate a fleet of micromobilit�
devices for public hire must make a micromobilijy business pennit ermit application to the
city manager or designee in com liance with this article and the a lication rules and
procedures promulgated by the city manager or designee. Rgquired feg(sl shall be as set forth
in this article.
b It shall be unlawful for any person knowin =1 to make or cause to be made either
directly or indirectly, any materially false statement on My a lication accom an in
documents or re orts submitted pursuant to this article. Any such application containin a
materially false statement may be rejected by the city manager or designee. Upon rejection of
the application due to such a false statement, the applicant shall not be permitted to resubmit
an application for a period of two years after the date of the Mlication containing the false_
statement[
Sec. 14-433. CjtLpermit ca • evaln i n of applications; initial mi romobili r vice
permit allocations.
a Ca on total number o devices. This article authorizes the ci mana er or desi ee to
establish, modify, or eliminate a cap on the total number of micromobility devices permitted
to operate under this program when the city manager or designee determines that such action
is appmpriate con idering factors such as the ublic's safely health and welfare as well as
any other factors or considerations included as application evaluation criteria below or in
separate rules regulations and/or procedures promulgated under this article. ^�
(b� A,pplication evaluation and criteria. The city manager or designee will evaluate each
a lication and notify the a licant in writing of its decision to approve or den an
lication. In making such an Mproval or denial the city manager or designee may co ider
amon other criteria,an permit cap on total number of micromobilit y devices in the cit if
established compliance with the requirements of this article demand for services city
transi2ortation and other goals, any other a lication rules and procedures promulgated by the
cily manager or designee, and -any other relevant information as the city manager deems
appropriate.
c An applicant must specifically
re uest an initial allocation of micromobility devices.
In consideration of the application evaluation criteria listed above, the city manager or
designee will determine the initial number of micromobility devices approved under the
permit. The applicant must pay all fees outlined in the permit applicatiM which may include
an a lication fee a pennit fee and a per device ol2erations fee all as determined by the ci
manager or de ieee. The fee structure shall be initially set_as part of the motion anprovin
the ordinance establishing this article and shall be subject to modification through the annual
city bud etprocess,- or by s arate resolution of the city council. Any fees charged hereunder
_ other than any application feel shall be prorated if an application is approved for any pennit
term of fewer than one calendar year.
Sec. 14-434. Changes in the number of permitted micromobility devices.
The_permit holder is responsible for maintaining its fleet size within the city to no more than
its permitted number of micromobilitydevices. Failure to comply with this uirement shall
be grounds for revocation of M permit, without any refund of fees incurred to the date of
such revocation. Increases or decreases to penuitted numbers of micromobility devices shall
be in the discretion of the city manager or designee and,in the case of decreases shall not
result in any refund of permit or other fees.
Sec. 14-435. Permit renewal fee and terms.
(a) Term. Subject to compliance with the requirements of this article each permit is valid
for a permit term as defined by the city manager or designee in the permit application and in
My documentation granting such approval.
lh Renewal n Aermit holder desiring to continue service beyond the pennit expiration
date shall submit a permit application meeting the requirements for initial pennit applications
no sooner than 30 days prior to the ea iration of the then -current pennit. Renewal
applications shall be governed by the same process as initial applications in all respects.
c Non -renewal. If the ermit holder decides not to renew the ermit 12ennit holder must
provide the city at least 30 calendar days written notice prior to the end of the ermit term of
its intent not to renew. Failure to remove all micromobility devices from the city right-of-way
and streets on or rir to ex iration of the non -renewed pennit may result in confiscation -Of
the micromobility devices without additional notice. The city has the right to char e for the
costs of removal and may utilize the surety bond to Day fees and upenses incurred. The ciiv
shall bear no liability for micromobiliW devices confiscated pursuant to this article.
Sec. 14-436. Business 'censer irement• insurance; surety h n
All Wlicants shall possess a valid city business license at all times during the term of any
ermit. Failure at any time to possess or maintain a valid city business license shall e
ounds for immediate revocation of a pennit. All applicants and pennit holders shall
further maintain insurance of typeos and amounts as determined by the city mana er or.
designee. The pennit holder must disclose to the cit the amount of any deductible or self-
insurance component of any of the required policies. With the ci 's approval, the pennit
holder may satisfy its obligations under this section by self-insurance for all or any pan of the
insurance rNuired, provided that the permit holder can demonstrate sufficient financial
coacity. To do so the permit holder must provide the city with its most recent actuarial
re ort and a com of its self-insurance resolution. The city may rpquest additional information
to determine if the pennit holder has the financial capacity. to meet its obligations under a
deductible and may require a lower deductible; that funds equal to the deductible be placed in
escrow; a certificate of self-insurance,• collateral,• or another mechanism to-miarantee the
amount of the deductible and ensure protection for the city. The city's acceptance or aP rn oval
of any insurance or any event of cancellation of the policy. will not relieve the permit holder
from any liability or obligation imposed by permit documents. The permit holder is
res onsible for the for all materials tools equipment. appliances and property used in
connection with the permit. The ermit holder assumes all risks for direct and indirect dama e
or in' to the ro ert used or ersons employed in connection with an activities
associated with the pennit and for all damage or in to an erson or property,wherever
located,resulting from any action omission, commission or o eration under the pennit or in
connection in any way, whatsoever with the activities performed pursuant to the permit. The
permit holder's insurance shall be the rim non- .mtributory insurance for an work
performed or activities or services provided for under the permit. The permit holder is as
fully responsiblLjq= the city for the acts and omissions of its sub -contractors_ and of persons
em loved b�hem as it is for acts and omissions of persons whom the permit holder employs
directly. Failure to have the r uired insurance throughout the permittpd t Quads for
termination of the pennit, In addition to the insurance requirements, the pennit holder shall
maintain,and 12rovide evidence to the city of the same a surety bond which the city may use
to pay costs related to removing and storing devices that are abandoned or do not comely with
these permit requirements. if such costs are not borne by the pennit holder. The amount of
the surety bond shall be 25 for each a roved micromobilit device. The ermit holder shall
increase the amount of the surdbond to reflect any approved amendment that increases the
permitted fleet size.
Sec. 14-437. Suspension or revocation of Hermits.
W The cit mana er may, after rovidin the oplrortunity for a hearing as rovided
herein,su end or revoke a permit issued under the provisions of this article if the city
manager finds that such person has violated any rovision of this article or the circumstances_
otherwise merit such suspension or revocation.
h Prior to ordering the sus ension or revocation of a permij,the city manager shall
notif in writing, the permit holder stating the reasons for the sus ension or revocation. This
notice shall be mailed postage prepaid, to the a licant or to the permit holder at the business
address Mearing on the permit a lication. The notice shall state that the ermit will be
suspended or revoked unless a written rgquest for hearing is filed with the city manager ly
the Permit holder within 10 business days of the date the notice is mailed. If no request for a
hearing is filed within this 10-business day period. the Hermit shall be suspended or revoked
by order of the city manager., and the suspension or revocation shall be final. Immediate
suspensions or revocations based on exigent circumstances shall not be subject to the hearing
requirement.
(c� If the permit holder files a request for a hearing in accordance with this provision. the
city manager shall give written notice of the hearigg to the permit holder at a time and p.lace
designated by city manager. If, after the hearing and consideration of the facts. the city
manager or desi ee determines that a sus ension or revocation is warranted then the permit
holder shall be so notified in writing within 10 days of the hearing and the permit shall be
suspended or revoked as provided in such notice. Such action shall be effective upon receipt
by the permit holder of such written notice by certified mail or hand delivery.
(d) Any decision of the ci manager under this section shall be final and unappealable.
See. 14-438. Service requirements.
to User safety training. Upon registration, the permit holder shall require each rider to
review the l2ermit holder's safety and etiquette rules and regulations, rider requirements, and
My state or city laws a licable to the operation of these micromobilit devices includin
My contained within rules and relZulations promulgated by the city pursuant to this article.
The permit holder shall regularly offer free instruction to interested ersons on how to use its
micromobility devices.
(b) Customer service. The permit holder shall have a customer service phone number for
reporting safety_ concerns, complaints and questions that is live 24 hours a day and is
otherwise compliant with applicable laws, including accessibility requirements.
c PaLka
�ng of micromobili devices.
1 The permit holder shall ensure and caus-c its user to ensure, that its micromobility
devices are parked in accordance with the requirements of this article_ permit requirements.
and in compliance with all state and local laws.
(2) Permit holders shall work to ensure that micromobility devices are parked in a manner
that does not impede pedestrian access; does not obstruct access to fire hydrants and valves
street furniture_ crosswalks_ driveways, or private property: -does not damage landscap*ng.
street trees or other aesthetic features; and does not interf&re with traffic or bus SW _
operations or operation and other permitted users of city rights of way.
(3) Micromobility devices not in corrals may not hark in one location without moving
longer than the period(s) established by the rules and regulations promulgated pursuant to this
article or three calendar days whichever is shorter.
4 Within three hours of reporting by the city or others, the permit holder shall correct a
micromobili1y device parked_ in violation of this section or otherwise in conflict with
applicable laws and regglations. In the case of micromobility devices tha in the reasonable
determination of the city,are arked or located in locations that create a traffic or pedestrian
hazard, the city may. without notice to the ermit holders move such devices to a safe location
and, in such event, the permit holder shall be responsible for any costs incurred by the city in
connection with such relocation, pursuant to sub (61 below.
5 Permit holders shall first deploy devices in an approved corral if one exists at a staging
location, assuming there is adequate room for additional devices, and shall redeploy/rebalance
devices no less often than once Her week.
(6) Failure to adhere to these parking requirements may, result in the city removing the
micromobilily device with the permit holder responsible for all costs associated with removal
and storage of micromobility devices so removed, in addition to any applicable fines or fees.
or other penalties as appropriate under the law. The city may consider r�ermit holder's
micromobility devices abandoned and dispose of them if the permit holder fails to retrieve the
device within seven da s u on being notified of removal and storage. Notwithstandin the
city's ability to remove imnro earl parked micromobility__ devices, such removal shall not
waive any other legal remedies available to the city: including but not limited to the city
manager's or designee's authority to pursue suspension or revocation of a permit holder's
hermit for any violation of this article.
(d) Emergencies. Upon the request of the cijy manager or designee. due to emer enc
severe weather, construction. parade, public gathering or eyenL or other situation affecting the
normal Qperation of the rip-ht-of-way including sidewalks and trails the permit holder shall
collect and secure all of or a portion of its owned or controlled micromobilijymdevices to a
location outside of the public right-of-way or to a location that does not otherwise impede the.
ci 's access and response to the situation for the duration of the situation.
e Communication. Excel2t as otherwise s ecified in this article the permit holder shall
res and as soon as possible, but in no event later than three business days, regarding issues or
uesti ns raised by the city.in meetings, throu1h tel hone inquiries. ran other form of
corres ondence.
Operations centers The permit holder shall have at least one staffed operations
center in the Washington, D.C. region to adequately and timely address any -operational
concerns that arise from providing -service in the city.
Sec. 14-439. Micromobility devices: equipment requirements.
a E ui ment requirements. The followin J r uirements shall apply to all micromobility
devices:
1 Every device shall be so constructed and shall be maintained as to provide for the
safety of the rider and the public for continuous and satisfactory operation and otherwise in
compliance with all federal and state vehicle requirements and other a licable laws now in
effect or at any time applicable tQ. the term of any permit issued under this article.
2 Evqy device shall comply with Vir inia Code § 46.2-1015 EMuiring both headli ht
and taillight. The headlight and taillight shall illuminate for at least 90 seconds after the
device comes to a complete sto .
t3 Every device in o eration shall have functioning brakes and a bell.
4 __ The permit holder shall rovide visible safety language on ev device.
5 The permit holder shall ensure each d to ed device is fully operable, free of defects,
conforms to relevant safe dards and is well -maintained and clean.
6 If a permit holder's device is rpported in need of maintenance and/or cleanin the
permit holder shall immediate) revent further use of the device and within one day of
notification shall remove it from city ri
(b} New device or device component. The a licant or permit holder shall not de loy any
device or device component before receiving approval by the city manager or deli nee. The
applicant or permit holder shall furnish design specifications, any applicable certifications of
com liance with safety standards and illustrative images of the device or device components.
Upon r uest by the city,the applicant or permit holder shall provide an opportunity for the.
city manager or designee to physically inspect and test -ride the same model proposed for
dgployment. Such i=g ting or testing shall not constitute any warr e
c Vehicle identi ication. The permit holder shall have its customer service phone
number email address we site companycoMpany too on every micromobilily device that is in
service within the cily. This information shall be provided in a minimum size of 16- oint font.
Each micromobilily device shall also have a uni ue identifying number which shall be in at
least 487point font. All the information in this paraffaph shall also be provided on the
micromobility device in braille, which shall be on the stem near the handlebars if handlebars
are present.
Sec. 14-440. Records and reports
The permit holder shall maintain and provide to the city manager or designee information_
plans, documents and data at a level of detail format and frQquency as re uired by rules and
procedures promulgated by the city manager or designee sufficient to allow the city -manager
or designee to accurately determine permit com liance evaluate system performance and
impact, and answer other planning, researcN regulato and compliance questions.
See. 14-44 . Public safe
a. The permit holder shall rgport to the ci .manager or designee, or shall res and to
r_enorts by the city manager or designee, within 24 hours_ of any known issues which coul i
affect public safety including but not limited to reports of criminal activity involving their
micromobility devices, reports of any crash with a fatality or hospitalized injury involving the
permit holder's micromobility devices, any contact with the city, Fairfax County. or George
Mason University olice d artments any contact with city or Fairfax County fire services or
-My defects in ui ment includine but not limited to fires tam erin dama ed/leaking
batteries electrical issues or char in issues. The permit holder shall also timel ovid re
information regarding any recalls or other regulatory matters that may iwact its ability to
provide service.
(b) Restricting services. In the interest of public safety and welfare, the city manager or
designee may determine certain areas of the city in which micromobility devices are not
permitted to park or must operate at lower s eeds. A list of such time and place restrictions
shall be maintained b the city manager or desi�nee,� shall be subject to amendment by th_e
city manager or designee, and shall be made available to the public,"
This Ordinance shall become effective as provided by law.
INTRODUCED: May 28, 2024
PUBLIC HEARING: June 11, 2024
ENACTED: June 11, 2024
)ATTEST:'ity
CCie. .
VOTE:
Mayor Read
Aye
Councilmember Bates
Aye
Councilmember Doyle Feingold
Aye
Councilmember Greenfield
Aye
Councilmember Lim
Absent
Councilmember Ross
Aye
Councilmember Stehle
Aye
Mayor
Date