HomeMy WebLinkAboutOrdinance - 2019-O0111 - Amending Bicycle And Scooter Sharing - Ending Pilot Program - 08/27/2019 First Reading Second Reading
August 13, 2019 August 27,2019
Item No. 7.13 Item No. 6.29
ORDINANCE NO. 2019-00111
AN ORDINANCE AMENDING ARTICLE 8.21, "BICYCLE AND SCOOTER
SHARING" BY AMENDING SECTION 8.21.002 "VENDOR PERMIT REQUIRED" IN
ORDER TO REMOVE TEMPORARY NATURE OF PERMITTING AND END THE
PILOT PROGRAM; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY;
AND PROVIDING FOR PUBLICATION.
WHEREAS, pursuant to the Texas Transportation Code Section 311.001, the City
of Lubbock maintains and regulates the streets and alleys within the City of Lubbock; and
WHEREAS, pursuant to the Texas Transportation Code Section 316.021, cities
may grant permission and prescribe the consideration and terms for the use of a portion of
a municipal street or sidewalk for a private purpose if it does not interfere with the public
use of the street or sidewalk nor create a dangerous condition on the street or sidewalk;
and
WHEREAS, on September 27, 2018 the City Council of Lubbock, Texas passed
Ordinance No. 2018-00117 creating a twelve (12) month pilot program to allow for
bicycle and scooter sharing within Lubbock city limits; and
WHEREAS, due to the success of this program, the City Council now desires to
remove the twelve (12) month pilot program limitation in order to make the program
permanent, unless and until there is a need to make it temporary in nature again in the
future; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 8 of the code of Ordinances of the City of Lubbock,
Texas, is hereby amended by adding Article 8.21.002, to read as follows:
Sec. 8.21.002 Vendor Permit Required
(a) It shall be an offense for a vendor that provides bicycles or scooters for the purpose
of bicycle sharing or scooter sharing to place bicycles or scooters in the city's
right-of-way, or other City property, without a bicycle or scooter share permit
obtained from and authorized by the office of the City Secretary.
(b) Failure to obtain a permit required under this section for offering bicycles or
scooters for bicycle sharing or scooter sharing shall result in impoundment of
every bicycle or scooter placed upon the right-of-way or any other public property.
(c) An impound fee shall be assessed for every bicycle or scooter collected due to
vendor operations in violation of the permit requirement of this section, and vendor
shall pay $175 for the redemption and release of each impounded bicycle or
scooter.
(d) To obtain a permit the vendor must:
I. Have a current contract with one or more of the institutions of higher education
within the City of Lubbock and be able to supply the City Secretary with proof
of said contract;
2. Apply for an annual bicycle or scooter share permit on a fonn approved by the
City Attorney and located in the Office of the City Secretary; and
3. Comply with all of the operational, financial, reporting, and all other
requirements found in the bicycle or scooter share permit.
(e) Permit fee shall be $750 and is subject to annual review pursuant to Section
1.03.004 of the City Code of Ordinances.
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by a fine not to exceed applicable fines in accordance with
Section 1.01.004 of the City Code of Ordinances.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or work of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this -13th day of August , 2019.
Passed by the City Council on second reading this 27th day of August , 2019.
Ll�v
DANIEL M. POPE, MAYOR
ATTEST:
ebe t
Garza, City Secretary
APPROVED AS TO CONTENT:
W. Jarrett Atkinson, City Manager
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
Amended0rd. Bicycle—Scooter Sharing ilot ended
07.01.14 y