MOTOR-ASSISTED SCOOTERS, ELECTRIC BICYCLES, AND BICYCLES EQUIPPED WITH GPS

San Antonio City Code ch. 19, art. XIX

in effect

San Antonio City Code § 19-660 Definitions and exclusions.

Sec. 19-660. - Definitions and exclusions. (a) As used in this article: (1) Bicycle equipped with GPS means a device that a person may ride and that is propelled by human power and has two (2) tandem wheels at least one of which is more than fourteen (14) inches in diameter, which has a global positioning system (GPS) to determine the geographic location of the bicycle. (2) 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. (3) Dockless vehicle means a bicycle equipped with GPS, an electric bicycle, or a motor assisted scooter that is available for use for a fee; (4) Electric bicycle means a bicycle that: a. Is designed to be propelled by an electric motor, exclusively or in combination with the application of human power; b. Cannot attain a speed of more than twenty (20) miles per hour without the application of human power; and c. Does not exceed a weight of one hundred (100) pounds. (5) Fleet manager means the person responsible for the daily operations of a dockless vehicle service, who must be based in the city. (6) Motor-assisted scooter means a self-propelled device, not including a pocket bike or mini-motorbike, with: a. At least two (2) wheels in contact with the ground during operation; b. A braking system capable of stopping the device under typical operating conditions; c. A gas or electric motor not exceeding forty (40) cubic centimeters; d. A deck designed to allow a person to stand or sit while operating the device; and e. The ability to be propelled by human power alone. (7) Permit agreement means the written agreement between the city and a person for an operating permit which authorizes the operation of a service providing dockless vehicles for compensation. (8) Permit holder means the person who owns the operation if a sole proprietorship, or the person who has been designated as managing the operation if any other entity, of a service providing dockless vehicles for compensation. (9) Person means an individual, partnership, corporation, company, association or other legal entity. (b) This article does not apply to a moped or motorcycle; a motorized mobility device (Transportation Code Section 542.009); an electric personal assistive mobility device (Transportation Code Section 551.201; or a neighborhood electric vehicle (Transportation Code Section 551.301). (Ord. No. 2018-10-11-0803, § 1, 10-11-18)

San Antonio City Code § 19-661 Operation, parking, and required equipment of motor-assisted scooters, electric bicycles, and bicycles equipped with GPS.

Sec. 19-661. - Operation, parking, and required equipment of motor-assisted scooters, electric bicycles, and bicycles equipped with GPS. (a) Operation of motor-assisted scooters: (1) Riders must always yield to pedestrians. (2) Riders must use bike lanes when available. (3) In the absence of a bike lane, riders may ride on streets which have a speed limitof thirty-five (35) miles per hour or less. Riders must obey all state and city traffic laws. (4) Riding on sidewalks is prohibited. (5) Riders may not ride on trails, creek ways, plazas and in parks, including but not limited to the Riverwalk, Alamo Plaza, La Villita, Main Plaza and Market Square. Public streets that intersect parks and plazas may be ridden upon. (6) The person operating or in control must be at least sixteen (16) years of age. (7) Riders may not have any passengers. Only one person may be on the vehicle when it is being operated. (8) Riders may not use a portable wireless communication device while operating a vehicle. (9) The wearing of a helmet is encouraged but not required. (b) Operation of electric bicycles, and bicycles equipped with GPS: (1) Riders must always yield to pedestrians. (2) Riders may not ride on sidewalks, and must use bike lanes when available. (3) Riders must obey state and city traffic laws. (4) For electric bicycles, the person operating or in control must be at least sixteen (16) years of age. (6) Riders may not use a portable wireless communication device while operating a vehicle. (7) The wearing of a helmet is encouraged but not required. (c) Parking of motor-assisted scooters, electric bicycles and bicycles equipped with GPS: (1) These vehicles may not be parked on streets, except in areas designated by the director by paint, decals or signs. (2) These vehicles may be parked upright on sidewalks in a manner that does not impede the 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 three (3) feet, except as prohibited below in subsection (2). (3) These vehicles may not be parked on sidewalks at the following locations: a. In the area beginning at a bus stop flag pole, continuing back fifteen (15) feet in the direction from which busses arrive, for the full width of the sidewalk; b. Within eight (8) feet of commercial or pedestrian loading zones, or disabled parking zones; c. Within four (4) feet of street fixtures that require pedestrian access, including but not limited to benches, parking pay stations and transit information signs; d. Within five (5) feet of curb ramps, entryways and driveways, meaning within five (5) feet of the slope change that signifies the start of the curb ramp, entryway or driveway; e. Within eight (8) feet of a building entrance; f. On trails, creek ways, plazas and parks, including but not limited to the Riverwalk, Alamo Plaza, La Villita, Main Plaza and Market Square. g. In a space reserved for a swell cycle, or any other docking station for shared bicycles. (d) Required equipment of motor-assisted scooters, electric bicycles and bicycles equipped with GPS: (1) These vehicles may not be operated at nighttime unless the vehicle is equipped with: a. A lamp on the front of the vehicle that emits a white light visible from a distance of a least five hundred (500) feet in front of the vehicle; and b. A red reflector that is visible when directly in front of lawful upper beams of motor vehicle headlamps from all distances from fifty (50) to three hundred (300) feet to the rear of the vehicle, or a lamp that emits a red light visible from a distance of five hundred (500) feet to the rear of the vehicle. (2) These vehicles may not be operated without a working bell, horn, or other sound mechanism. (Ord. No. 2018-10-11-0803, § 1, 10-11-18; Ord. No. 2019-02-14-0111, § 1, 2-14-19; Ord. No. 2019-05-30-0426, § 4, 5-30-19; Ord. No. 2019-12-12-1028, § 4, 12-12-19)

San Antonio City Code § 19-662 Dockless vehicle for hire permit agreements.

Sec. 19-662. - Dockless vehicle for hire permit agreements. (a) A person must register and obtain a permit agreement from the city, and pay any applicable fees, prior to providing a dockless vehicle to for any compensation, including but not limited to any money, thing of value, payment, consideration, donation, gratuity or profit. (b) Reserved. (c) Reserved. (d) Reserved. (e) A permit agreement is non-transferrable. This regulation should not be construed to impede the continuing use of trade names. (Ord. No. 2018-10-11-0803, § 1, 10-11-18; Ord. No. 2019-12-12-1028, § 4, 12-12-19)

San Antonio City Code § 19-663 Issuance, renewal, suspension and revocation of permit agreements.

Sec. 19-663. - Issuance, renewal, suspension and revocation of permit agreements. (a) The director shall refuse to issue or renew a permit agreement if the applicant: (1) Does not meet the requirements in the permit application, including failing to meet any requirements established by the director; (2) Intentionally or knowingly makes a false statement as to a material matter in an application for a permit agreement; or (3) Has been convicted twice within a 12-month period for a violation of this article, or has had a permit agreement revoked within two (2) years of the date of application. (b) If the director determines that a permit agreement should be denied, the director shall notify the applicant or operator in writing that the application is denied and include in the notice the specific reason or reasons for denial and a statement informing the applicant or operator of the right to, and the process for, appeal of the decision. (c) The director shall revoke a permit agreement if the director determines that the permit holder has: (1) Made a false statement as to a material matter in the application concerning the operating authority permit; (2) Failed to maintain the insurance required by this article; (3) Operated dockless vehicles in excess of the number authorized by the permit agreement; or (4) Failed to pay a fee required by this article. (d) After revocation of an operating authority permit, an operator is not eligible for another permit for a period of up to two (2) years, depending on the severity of the violation resulting in the revocation. (e) Reserved. (Ord. No. 2018-10-11-0803, § 1, 10-11-18; Ord. No. 2019-12-12-1028, § 4, 12-12-19)

San Antonio City Code § 19-664 Dockless vehicle operations.

Sec. 19-664. - Dockless vehicle operations. (a) Each dockless vehicle permitted under this article must display the emblem of the permit holder, a unique identification number, and a 24-hour phone number for customers and citizens to report safety concerns, make complaints, ask questions, or request a dockless vehicle be relocated. (b) The fleet manager, or a designated representative, shall be available by the phone number provided on the application, seven (7) days a week between 8:00 a.m. and 5:00 p.m. to accept calls from the director. (c) Permit holders shall not attach any personal property (other than dockless vehicles), fixtures, or structures to 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. (d) Permit holders shall provide the director electronic access to the current list of dockless vehicles available for rent in the city, which includes the unique identification number for each vehicle. (e) Permit holders shall educate customers regarding the law applicable to riding, operating, and parking a dockless vehicle. A permit holder's application must provide information notifying the user that: (1) The use of helmets is encouraged for the safety of the drivers; (2) The legal parking of dockless vehicles; (3) The legal operation of dockless vehicles, including the duty to yield to pedestrians. (4) For motor-assisted scooters and electric bicycles, the areas where riding and parking are prohibited. (f) Notices of violations or broken vehicles: (1) Permit holders shall have one (1) hour after receiving notice of a violation, including scenarios where ADA accessibility is impacted (parking within thirty-six (36) inches of an ADA ramp, or blocking an ADA ramp), from any source, to correct violations for a dockless vehicle being parked in prohibited area under this article; for other violations the permit holder has two (2) hours after receiving notice to correct the violation. (2) Permit holders are required to lock vehicles reported as broken, from any source, and must remove the vehicle within two (2) hours. (3) After the time for correcting a violation has expired, the city may remove and impound a vehicle that is parked in violation of this article or broken. The permit holder must pay the city a fee of one hundred dollars ($100.00) to obtain the return of each vehicle impounded. (4) City staff, and other persons authorized by city staff, including but not limited to Centro San Antonio and any other identified partners, may remove dockless vehicles parked in prohibited areas, dockless vehicles blocking ADA facilities, or dockless vehicles located within areas identified consistent with section 19-664(h), in violation of this article, or that are identified as broken, immediately and without notice of violation to a permit holder, in which case the city may not impose an impound fee. (g) Permit holders shall cooperate with the city in the collection and analysis of aggregate data concerning its operations: (1) Permit holders shall provide a monthly report to the director of the maximum number of permitted vehicles in use by riders at any time in the previous week; and (2) Permit holders shall provide a monthly report to the director that includes: a. The total number of rides the previous month; b. The total number of vehicles in service for the previous month; c. The average number of rides per vehicle per day; d. Anonymized aggregated data taken by the permit holder's dockless vehicles in the form of heat maps showing routes, trends, origins, and destinations; and e. Anonymized trip data taken by the permit holder's dockless vehicles that includes the origin and destination, trip duration, distance and date and time of trip. (3) Permit holders shall provide such other reports at the director's request. (h) Notwithstanding the above, the director has the authority to identify areas where vehicles must be removed to accommodate special events, construction, and maintenance work performed by the downtown public improvement district. The director shall have the authority to establish the time for any required removal and any subsequent deployment. (Ord. No. 2018-10-11-0803, § 1, 10-11-18; Ord. No. 2019-02-14-0111, § 1, 2-14-19; Ord. No. 2019-12-12-1028, § 4, 12-12-19)

San Antonio City Code § 19-665 Insurance.

Sec. 19-665. - Insurance. (a) A permit holder shall procure and keep in full force and effect the insurance coverage required by the executed permit agreement between the city and permit holder. (b) Insurance required under this article must be consistent with requirements established by written permit agreement between the city and permit holder. (c) No person who has a twenty (20) percent or greater ownership interest in the permit holder may have an interest in the insurance company. (d) A permit holder may not be self-insured. (e) Any insurance policy required by this article must be on file with and approved by the city prior to the issuance of a permit agreement, must remain in effect during the term of the permit agreement. (Ord. No. 2018-10-11-0803, § 1, 10-11-18; Ord. No. 2019-12-12-1028, § 4, 12-12-19)

San Antonio City Code § 19-666 Indemnification.

Sec. 19-666. - Indemnification. (a) Permit holder covenants and agrees to fully indemnify, defend and hold harmless, the city and the elected officials, employees, officers, directors, volunteers and representatives of the city, individually and collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage (collectively "CLAIMS"), made upon the city directly or indirectly arising out of, resulting from or related to permit holder's violation of this contract, including any violation attributable to any agent, officer, director, representative, employee, consultant or subcontractor of permit holder, and their respective officers, agents employees, directors and representatives while in the exercise of the rights or performance of the duties under this contract. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence or intentional misconduct of city, its officers or employees. In the event permit holder and city are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws for the State of Texas, without, however, waiving any governmental immunity available to the city under Texas law and without waiving any defenses of the parties under Texas law. (b) The provisions of this indemnity are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. The parties shall advise each other in writing within 24 hours of any claim or demand against either party that it reasonably believes are covered by permit holder's indemnity obligations hereunder. The city shall have the right, at its option and at its own expense, to participate in such defense without relieving permit holder of any of its obligations under this paragraph. (c) Defense counsel permit holder shall retain the right to select defense counsel in fulfilling its obligation hereunder to defend and indemnify city, unless such right is expressly waived by permit holder in writing. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense. (d) Employee litigation. In any and all claims against any party indemnified hereunder by any employee of permit holder, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for permit holder or any subcontractor under worker's compensation or other employee benefit acts. (e) It is expressly understood and agreed that permit holder is and shall be deemed to be an independent contractor and permit holder responsible to all parties for its respective acts or omissions and that city shall in no way be responsible therefor. (Ord. No. 2018-10-11-0803, § 1, 10-11-18)

San Antonio City Code § 19-667 Enforcement.

Sec. 19-667. - Enforcement. (a) The director shall enforce this article. (b) Upon observing a violation of this article, the director shall take necessary action to ensure effective regulation of dockless vehicles. (c) The director may, with or without notice, inspect any dockless vehicle operating under this article to determine whether the dockless vehicle complies with this article and other applicable laws. (Ord. No. 2018-10-11-0803, § 1, 10-11-18)

San Antonio City Code § 19-668 Criminal offenses.

Sec. 19-668. - Criminal offenses. (a) A person commits an offense if, within the city, the person operates or causes or permits the operation of a dockless vehicle service without a valid permit agreement issued under this article. (b) A person commits an offense if the person violates or attempts to violate a provision of this article. (c) A culpable mental state is not required for the commission of an offense under this article. A separate offense is committed each day in which an offense occurs. (d) Prosecution for an offense under this article does not prevent the use of other enforcement remedies or procedures applicable to the person charged with the conduct or involved in the offense. (e) Any person who violates any of the provisions of this article shall be guilty of a Class C misdemeanor and upon adjudication or conviction thereof shall be fined in an amount not to exceed five hundred dollars ($500.00) for each offense. (Ord. No. 2018-10-11-0803, § 1, 10-11-18)

San Antonio City Code § 19-669 Inconsistent city code provisions.

Sec. 19-669. - Inconsistent city code provisions. This article controls over any previously enacted ordinance or provision of the City Code of San Antonio, Texas, to the extent there is any conflict, including but not limited to sections 19-286, 19-294 and 29-20. (Ord. No. 2018-10-11-0803, § 1, 10-11-18)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH19MOVETR_ARTXIXMOSISCELBIBIEQGPFetched: 10/27/2026