Limitations on city liability; permit conditions.
San José Municipal Code § 11.92.140
in effect11.92.140 - Limitations on city liability; permit conditions.
To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to having issued a permit for the operation of a Shared Micro-Mobility System or otherwise approving the operation of any Shared Micro-Mobility Device. As a condition to the issuance of any permit for the operation of a Shared Micro-Mobility System, the Operator shall be required to meet all of the following conditions:
A. The Operator must execute an agreement or agree to permit conditions, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold harmless the City, and its officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance of or decision to approve a permit for the operation of a Shared Micro-Mobility System, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the applicant or any of its officers, managers, employees or agents.
B. Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time, as determined by the City's Risk Manager, and name the City as additional insured and provide the City with a certificate of insurance evidencing the required coverage and identifying the City as an additional insured. If any insurance policy issued to an Operator in order for the Operator to comply with this Subsection is cancelled for any reason, the permit issued under this Chapter is automatically suspended. In order to reinstate the permit, the Operator shall provide a new certificate of insurance meeting the requirements of this Chapter to the City.
C. Reimburse the City for all costs and expenses, including, but not limited to, attorney fees and costs, which it may be required to pay as a result of any legal challenge related to the City's approval of or activities conducted pursuant to the Operator's permit for the operation of a Shared Micro-Mobility System. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.
(Ord. 30205.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT11VETR_CH11.92SHMIBIDE_11.92.140LILIPECOFetched: 11/1/2026