SHARED MOBILITY DEVICE AND BICYCLE VENDORS

Codified Ordinances of Cleveland pt. FIVE, tit. I, ch. 517

in effect

Codified Ordinances of Cleveland § 517.01 Shared Mobility Device and Bicycle Vendor

§ 517.01 Shared Mobility Device and Bicycle Vendor "Shared mobility device and bicycle vendor" means an entity approved by the Director of Capital Projects, or designee, to use/occupy the public right-of-way for offering shared mobility device such as a scooter, e-scooter, e-bike, or any other mobility device as determined by the Director of Capital Projects, and bicycles that do not require a fixed docking apparatus to return ("devices"), to subscribers on a fee basis subscription for short-term rental in point-to-point trips. (Ord. No. 464-2019. Passed 6-3-19, eff. 7-5-19; Am. Ord. No. 396-2020. Passed 6-3-20, eff. 6-9-20)

Codified Ordinances of Cleveland § 517.02 Shared Mobility Device and Bicycle Vendor Permit Application

§ 517.02 Shared Mobility Device and Bicycle Vendor Permit Application (a) An application for a permit to operate as a shared mobility device and bicycle vendor shall be made to the Director of Capital Projects upon a form provided by the Director for that purpose. The application form shall include the following: (1) The name, address, telephone number, e-mail address of the applicant and a contact person primarily responsible for the vendor's shared mobility device and bicycle operations; (2) Images and descriptions of the devices and mobile application; (3) Size of initial fleet at launch, including any planned fleet expansions; (4) Detailed plan for educating users on proper shared mobility device operation and parking; (5) Detailed plan for providing an equitable shared mobility device and bicycle service; (6) Detailed plan for complying with all applicable codified ordinance requirements and rules and regulations; (7) Any additional information deemed necessary by the Director. (b) Following successful evaluation of an initial application, as determined by the Director of Capital Projects based on performance criteria established by the Director in the Rules and Regulations, a permit shall be valid up for up to three (3) years. Permits may be renewed, on a form provided by the Director, provided all the requirements of this chapter are met, and no changes have been made from the previous approved application. If there are changes to the application, a new application must be made and the appropriate permit fee shall accompany the application. (c) Beginning in 2021, the applications for and issuance of permits shall be in accordance with the schedules established by the Director in the rules and regulations. (d) Permittees must remove all devices and associated equipment within thirty (30) days after the expiration of the term. (Ord. No. 892-2023. Passed 10-2-23, eff. 10-3-23)

Codified Ordinances of Cleveland § 517.03 Permit Fee; Issuance

§ 517.03 Permit Fee; Issuance (a) The Director is authorized to charge and collect an application fee and a per trip fee from the permittee in an amount established by the Board of Control. (b) All devices must comply with local and state safety standards, as well as those established by the Consumer Product Safety Commission. (c) Each device must have a unique permanent identification number that is provided to the City and aligns with data reporting, as well as be labeled clearly with the permittee's logo and twenty-four (24) hour customer service phone number. (d) All devices shall have GPS equipment affixed to the device that is calibrated to ping a minimum of every ninety (90) seconds while in use. (e) Permittees must be able to remotely lock a device to prevent use. (f) Every device shall be equipped with an adequate brake when used on a street or highway. (g) On the approval of an application by the Director, the Commissioner of Traffic Engineering, the Director of City Planning and the Director of Public Safety, the Director shall issue a permit in accordance with this chapter. (Ord. No. 464-2019. Passed 6-3-19, eff. 7-5-19; Am. Ord. No. 396-2020. Passed 6-3-20, eff. 6-9-20)

Codified Ordinances of Cleveland § 517.04 Rules and Regulations

§ 517.04 Rules and Regulations Within thirty (30) days after the effective date of this ordinance, the Director shall establish rules and regulations governing the operation of shared mobility device and bicycle vendors. Rules and regulations will include, but are not limited to, schedules for permit applications and issuances, applicable procedures, fee schedule, indemnification agreement, operating regulations, insurance requirements, maximum number of vendor permits, maximum number of devices, fleet maintenance requirements, data sharing plan, communications plan, and fines for violations. Such rules and regulations shall become effective seven (7) days after publication in the City Record. The issuance of permits and all permittees shall be subject to the rules and regulations established by the Director. (Ord. No. 396-2020. Passed 6-3-20, eff. 6-9-20)

Codified Ordinances of Cleveland § 517.05 Permit Conditions

§ 517.05 Permit Conditions (a) Permittees and their agents shall comply with all of the requirements of this chapter and any applicable state law, and shall conduct business in compliance with all applicable provisions of the Codified Ordinances. (b) Permittees and their agents shall be responsible for maintaining all devices and associated equipment in good repair, and in a safe, sound, and non-hazardous condition. (c) Permittees and their agents shall obey any lawful order of a police officer to remove their shared mobility devices from the public right-of-way if necessary to avoid congestion or obstruction in an emergency. (d) Permits shall be maintained by the permittee in such a manner that they are readily accessible on request from a City official. Each permit shall contain the following information: (1) The name and address of the Permittee; (2) A description of the permitted mobility device type and minimum and maximum permitted fleet size; (3) The expiration date of the permit; and (4) Any other information the Director deems appropriate. (e) Any device and other associated equipment placed in a public sidewalk, court, alley, street, or other public right-of-way without a permit issued under this section may be seized and removed. Prior to such seizure and removal, the permittee shall be notified and asked to immediately begin to remove the devices and associated equipment, and to complete the removal within a reasonable amount of time. If the permittee fails to remedy the violation, the city may seize and remove the equipment. (f) The permittee shall maintain insurance and limits of liability, the amounts to be specified in the Director's rules and regulations, at no cost to the City of Cleveland. (g) If a permit is granted, permittee shall agree to indemnify the City of Cleveland against liability, loss, or damage. (h) Any damage to City of Cleveland property from shared mobility devices shall be paid by the permittee. (i) No permit shall be transferable in any manner. (j) No permittee has the exclusive right to operate within the City of Cleveland. (k) When any device or other associated equipment placed on a public sidewalk, court, alley, street, or other public right-of-way poses a risk or inhibits access to the right of way by other users, the permittee shall be notified and asked to immediately begin to remove the devices and associated equipment, and to complete the removal within a reasonable amount of time. If the permittee fails to remedy the violation, the City may seize and remove the equipment. (l) Any device that is parked in one location for more than seven (7) consecutive days without moving may be seized and removed by the City. (m) Notwithstanding any other provisions of this chapter, the City may seize any device and other associated equipment, whether placed with or without a permit, without prior notice if the equipment is placed in such a place or manner as to pose an immediate and serious danger to persons or property, or if the condition of the equipment renders it unsafe, unsound, or hazardous so as to pose an immediate and serious danger to persons or property. After seizure, the City shall promptly notify the permittee, and such individual shall have the right to request an informal hearing before the Director within ten (10) days after such notification to determine whether the seizure was proper. (n) Notwithstanding any codified ordinance to the contrary, police officers are authorized to provide for the removal of a mobility device located in the public right-of-way in violation of the provisions of this chapter. (o) As a condition of recovering any equipment seized pursuant to this section, the permittee shall pay an impound fee covering the actual cost to the City of transporting and storing such device and other associated equipment. (Ord. No. 464-2019. Passed 6-3-19, eff. 7-5-19; Am. Ord. No. 396-2020. Passed 6-3-20, eff. 6-9-20)

Codified Ordinances of Cleveland § 517.06 Permit Suspension or Revocation; Appeal

§ 517.06 Permit Suspension or Revocation; Appeal (a) A permit granted under this chapter may be suspended or revoked by the Director at any time if the permittee violates the conditions or rules and regulations of the permit. Additionally, if the operation of shared mobility device and bicycle rentals on City streets and rights-of-way become a hazard or risk to the health, safety, and welfare of the public, the Director may revoke existing permits and discontinue the issuance of permits under this chapter. Upon suspension or revocation of a permit, the permittee shall, at no cost to the City, remove all devices from the right-of-way. (b) The Director shall give written notice of suspension or revocation of the permit to the permittee or his or her agent stating the reasons therefor. The action shall be effective upon giving such notice to the permittee or to his or her agent, and the permittee shall have five (5) business days to remove all devices from the public right-of-way. If the business owner or operator of the equipment fails to comply, the City may seize and remove the devices. (c) Within five (5) days of receipt of the notice, the permittee may request a hearing before the Director. The Director shall forthwith hold the requested hearing, at which time the permittee shall be afforded the opportunity to give his or her version of the facts which gave rise to the Director's action. After the hearing the Director shall determine whether to reinstate the permit or to permanently rescind it. The action of the Director may be appealed in accordance with the provisions of the Charter. (Ord. No. 464-2019. Passed 6-3-19, eff. 7-5-19; Am. Ord. No. 396-2020. Passed 6-3-20, eff. 6-9-20)

Codified Ordinances of Cleveland § 517.07 Shared Mobility Fund

§ 517.07 Shared Mobility Fund The Director of Finance shall establish a Shared Mobility Fund for the purpose of supporting the expansion of multi-modal infrastructure and programming. All permit and per-trip fees collected or received under this chapter shall be earmarked to the Shared Mobility Fund to support multi-modal infrastructure and programming, including bicycle and mobility device racks and shared bicycle and mobility device infrastructure. The Director of Capital Projects shall provide an annual report to the members of Council concerning the amount of revenue collected and deposited into the Shared Mobility Fund and how the funds were spent during that reporting year. (Ord. No. 464-2019. Passed 6-3-19, eff. 7-5-19; Am. Ord. No. 396-2020. Passed 6-3-20, eff. 6-9-20

Codified Ordinances of Cleveland § 517.08 Contracts

§ 517.08 Contracts (a) The Director is authorized to enter one or more cooperative agreements with, and to cause payment to, Cuyahoga County (“County”) related to the operation of devices and any cost-sharing contributions for operational expenses of the shared mobility program and, if necessary, to receive payment of the City’s share of the per-trip fees charged or collected by the County under its Bicycle and Scooter Share Licensing authority. (b) The Director of Capital Projects is authorized to employ by contract or contracts one or more professional consultants or firms of professional consultants for the purpose of supplementing the regularly employed staff of the departments of the City of Cleveland to provide professional services necessary to develop, review and manage the shared mobility program. The selection of the professional consultants or firms of professional consultants shall be made by the Board of Control on the nomination of the Director of Capital Projects. The compensation to be paid for the services shall be fixed by the Board of Control. (c) The Director of Capital Projects is authorized to enter into one or more written requirement or standard purchase contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, as may be necessary, from time to time, for items, materials, equipment, supplies, and services necessary to manage the shared mobility program, including but not limited to, informational signage and parking racks, and maintenance and licenses related thereto, including labor and materials if necessary. (d) That under Section 108(b) of the Charter, the services and goods authorized by this section may be made through cooperative arrangements with other governmental agencies. The Director of Capital Projects may sign all documents that are necessary to make the purchases, and may enter into one (1) or more contracts with the vendors selected through that cooperative process. (e) That the cost of the contract or contracts authorized herein shall not exceed fifty thousand dollars ($50,000.00) and shall be paid from the Shared Mobility Fund and any funds approved by the Director of Finance. (Ord. No. 892-2023. Passed 10-2-23, eff. 10-3-23)

Codified Ordinances of Cleveland § 517.071 Shared Mobility Grants and Contributions

§ 517.071 Shared Mobility Grants and Contributions The Director of Capital Projects is authorized to apply for and accept from various entities, both public and private, such grants and contributions as they become available; provided that such contributions may be in the form of money, material or services. The Director is further authorized to file all papers and execute all documents necessary to receive the funds under any grant or contribution, and upon acceptance of any grant or contribution by the Director, the funds shall be appropriated in the case of grants, for the purposes set forth in the grant agreement, and in the case of contributions, for the purposes designated by the donors. The Director shall report the acceptance of any grant or contribution to the Clerk of Council. Funds accepted under this section shall be deposited in the Shared Mobility Fund. (Ord. No. 396-2020. Passed 6-3-20, eff. 6-9-20)

Codified Ordinances of Cleveland § 517.072 Fines for Violating Rules and Regulations

§ 517.072 Fines for Violating Rules and Regulations (a) The Director of Capital Projects shall have the authority to set and assess fines against permittees for violations of the rules and regulations as published in the City Record. (b) The authority to assess fines under this section does not limit or affect any criminal offense, or the authority of the Director to suspend or revoke a license under Section 517.06, or any other means of enforcement of this chapter provided for in these Codified Ordinances. (Ord. No. 396-2020. Passed 6-3-20, eff. 6-9-20)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-48944Fetched: 11/1/2026