6235 ORDINANCE NO. 6235
AN ORDINANCE OF THE CITY OF
ANAHEIM CREATING A PILOT PROGRAM
FOR THE OPERATION OF SELF - SERVICE
BICYCLE SHARING SYSTEMS WITHIN THE
CITY OF ANAHEIM.
WHEREAS, a bicycle sharing system is a network of automated, self - service stations
where individuals can rent and return a bicycle anywhere within the network of stations; and
WHEREAS, the operation of a city -wide bicycle sharing system offers commuters,
visitors and residents a transportation alternative that is both environmentally - friendly and
affordable; and
WHEREAS, one or more companies have expressed an interest in operating a city -wide
bicycle sharing system within the City of Anaheim; and
WHEREAS, the City desires to create a one -year pilot program to allow the City to
evaluate the public benefits of a city -wide bicycle sharing system as a sustainable transportation
alternative.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Subject to the provisions of this ordinance, the City Council does hereby authorize a city-
wide bicycle sharing system pilot program for a one -year period beginning on May 1, 2012.
SECTION 2.
Notwithstanding any provision of the Anaheim Municipal Code, or any other ordinance
or resolution heretofore adopted to the contrary, bicycle sharing stations shall be permitted in all
"non - residential zones" within the City of Anaheim as a "Temporary Use Class," as the phrase is
used in Section 18.36.060 of the Anaheim Municipal Code, during the period this ordinance is in
effect. For the purpose of this Section 2, the phrase "non- residential zones" shall include all Mixed -
Use zones within the City of Anaheim.
SECTION 3.
No person, business, or organization shall conduct or operate a bicycle sharing system
without having first applied for and obtained a permit pursuant to this ordinance ("Permit").
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SECTION 4.
Any person, business, or organization desiring to operate a bicycle sharing system shall
make an application to the Planning Director. The application shall be accompanied by a deposit in
an amount to be set by the Planning Director based on the reasonable cost of processing the
application. Costs associated with the processing of the application will be billed on a time and
materials basis. At a minimum, the following information shall be included in the application:
(a) The name, mailing address, e -mail address and telephone number of the applicant or
the applicant's duly authorized representative.
(b) Company profile information, including the professional qualifications and
specialized experience of Applicant to install and operate a bicycle sharing system.
(c) A written proposal (10 copies) detailing the operational characteristics and features of
the proposed bike sharing system. Applicant is expected to provide a coherent plan describing, in
detail, the operational characteristics and features of the proposed bicycle sharing system. Proposals
must be prepared on minimum 8' " x 11" letter size paper (preferably recycled), printed double -
sided, and bound on the long side. One PDF version of the proposal shall also be submitted on a
CD -ROM.
(d) A map showing the proposed locations of the bicycle sharing stations.
(e) A site plan, drawn to scale, of each property where a station is proposed to be located,
showing the size, type and location of each bicycle sharing station. The location of all bicycle
sharing stations on private or public property shall be subject to the review and approval of the
Planning Director or his or her designee. Satisfactory evidence of the property owner's consent is
required for all bicycle sharing stations located on private property.
(f) A sign program indicating the size, location, materials, colors and illumination of all
signs proposed on the bicycles and/or bicycle stations
(g) Any additional information as required by the Planning Director or his or her
designee.
The City, acting through its Planning Director, reserves the right to reject any and all
Applications that do not contain at least the information required by this section; or that do not
conform to the requirements set forth in this ordinance. The Planning Director is hereby granted the
authority to approve, conditionally approve, or deny such applications. The Permit shall be issued
upon such conditions as may be required to ensure compliance with requirements set forth in this
ordinance, or that are deemed necessary to protect the health or safety of the public. The decision of
the Planning Director on any such Permit shall be final.
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SECTION 5.
Bicycle sharing systems shall be subject to the following requirements:
(a) The bicycle sharing system must be made available to the public, to persons 18 years
of age or older, on a membership or subscription basis.
(b) All bicycle sharing stations shall include maps showing suggested bicycle routes.
(c) The bike sharing system must utilize a progressive rate structure with the first half
hour of use free.
(d) Bicycles must be accessible seven (7) days a week, twenty -four (24) hours a day.
(e) Bicycles must be designed with (i) tamper proof adjustable seats, wheels, handlebars
and drive train; (ii) puncture resistant airless tires; (iii) front basket or storage rack; (iv) step - through
design; and (v) must fully comply with the equipment requirements set forth in Section 21201 of the
California Vehicle Code.
(f) Distribution of bicycles throughout the service area must be monitored on a daily
basis to ensure that bicycles are evenly and regularly distributed throughout the system.
(g) Regular scheduled maintenance shall be performed on all bicycles so that they remain
in proper working order.
(h) All bicycle stations must be portable, modular units, wirelessly connected and solar
powered with battery backup.
(i) Only one (1), double sided "Off -Site Advertising Sign," as the phrase is used in
subsection 18.44.030.320 of the Anaheim Municipal Code, shall be allowed per bicycle and on each
bicycle station authorized by a Permit issued pursuant to the provisions of this ordinance; except that
only one "Sign," as the phrase is used in subsection 18.44.030.460 of the Anaheim Municipal Code,
displaying the name of the bicycle sharing company, shall be allowed on each bicycle station that is
located within the boundaries of the Disneyland Specific Plan No. 92 -1, the Anaheim Resort Specific
Plan No. 92 -2, and the Hotel Circle Specific Plan No. 93 -1. Signs located on a bicycle station, as
permitted herein, shall not exceed a height of six (6) feet or a width of four (4) feet and may be
lighted or unlighted.
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SECTION 6.
Prior to the issuance of a Permit under the provisions of this ordinance, Applicant shall
secure, and maintain throughout the Pilot Program, insurance coverage as follows:
(a) Workers' Compensation Insurance as required by California law and Employers
Liability Insurance in an amount not less than $1,000,000 per occurrence.
(b) Commercial General Liability Insurance, including coverage for Premises and
Operations, Contractual Liability, Personal Injury Liability, Products /Completed Operations
Liability, and Independent Contractor's Liability, in an amount not less than $1,000,000 per
occurrence, $2,000,000 annual aggregate, written on an occurrence form. Such insurance shall be
written on a primary basis (i.e., without a self - insured retention), but may include a deductible of not
more than $10,000 per occurrence, provided that such deductible is disclosed to City, in writing,
prior to the issuance of a Permit under the provisions of this ordinance.
(c) Comprehensive Automobile Liability Coverage including -as applicable - owned, non -
owned, and hired autos, in an amount not less than $1,000,000 per occurrence, combined single
limit, as required by California law.
Each insurance policy required by this ordinance shall contain the following clause or
shall otherwise provide for the following conditions: "This insurance shall not be cancelled, or
limited in scope or coverage, until after thirty (30) days prior written notice has been given to the
City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of
cancellation for non - payment of premium which shall provide for not less than ten (10) days notice."
Each insurance policy required by this ordinance, excepting policies for Workers'
Compensation, shall contain the following clauses or shall otherwise provide for the following
conditions:
"It is agreed that any insurance maintained by Applicant, pursuant to this ordinance,
shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City
of Anaheim."
"The City of Anaheim, its officers, representatives, elected and appointed officials,
agents and employees are added as additional insureds as respects the acts, omissions, operations and
activities of, or on behalf of, the named insured, in regard to the permitted activity."
Prior to the issuance of a Permit, Applicant shall deliver to City insurance certificates
confirming the existence of the insurance required pursuant to this ordinance, and including the
applicable clauses referenced above. Applicant shall also provide City: (i) endorsements to the
insurance policies which add to these policies the applicable clauses referenced above; or (ii) in lieu
of said endorsements, documentation acceptable to City evidencing that the coverage, terms, and
conditions set forth in the above - referenced clauses are otherwise included in said insurance policies.
Insurance required hereunder shall be placed with insurers: (i) admitted to write insurance in
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California; (ii) possessing an A. M. Best' s rating of A VII or higher; or (iii) otherwise acceptable to
City, with prior written permission from City. In the event that a claim or other legal action is filed
against City, and if City, in its good faith opinion, believes it may have coverage under any of the
insurance required herein, then City has the right to demand, and to receive within a reasonable time
period, copies of the insurance policies related to such required insurance; provided, however, that
this provision shall not apply if the Parties agree that Applicant shall fully defend, hold harmless, and
indemnify City against any such claim or other legal action.
SECTION 7.
Prior to the issuance of a Permit under the provisions of this ordinance, Applicant shall
execute an indemnity, defense, and hold harmless agreement as provided by the City of Anaheim.
SECTION 8. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL
QUAILITY ACT.
The City Council finds that this ordinance is not subject to the California Environmental
Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is
not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment,
directly or indirectly.
SECTION 9. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid,
it is the intent of the City Council that it would have adopted all other portions of this ordinance
independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 10. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City
shall in any manner affect the prosecution for violations of ordinances which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or
the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as
they are substantially the same as ordinance provisions previously adopted by the City relating to the
same subject matter, shall be construed as restatements and continuations, and not as new
enactments.
SECTION 11. PENALTY.
Except as may otherwise be expressly provided, any person who violates any provision of
this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the
manner provided in Section 1.01.370 of the Anaheim Municipal Code.
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SECTION 12. EFFECTIVE DATE.
The provisions of this ordinance shall become effective and be in full force and effect on
the thirty -first day after its adoption.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 7th day of February , 2012, and thereafter
passed and adopted at a regular meeting of said City Council held on the 28th day of
February , 2012, by the following roll call vote:
AYES: Mayor Tait, Council Members Gallaway, Sidhu, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MAYOR OF THE C OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF • NAHEIM
88089.v 1/MGordon
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AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) SS.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
March 8, 2012
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: March 8, 2012
_;hM P��dtC—
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
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In This Space
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6235
AN ORDINANCE OF THE CITY OF ANAHEIM CREATING A PI-
LOT PROGRAM FOR THE OPERATION OF SELF-SERVICE BI-
CYCLE SHARING SYSTEMS WITHINTHE CITY OF ANAHEIM.
This ordinance creates a one-year phot PProgram for the operation of self-service bicycle
sharing systems in the City of Anaheim; the pilot program will run from May 1, 2012 to May
1, 2013. B' le sharing systems are generally located in activity centers and create con-
nectivity be transit hubs, business centers, tourist destinations, and mixed-use dis-
tricts, These systems typically utilize eperiatly deserted bicycles that are durable, damage
resistant and uniform in appearance. Bic cies are checked out and returned to self service
kiosks that typically take credit cards, dyobit cards or smartcards as a form of payment.
The pprimary goal of these systems is to provide free or affordable access to bicycles for
short -distance trips in an urban area as an alternative to motorized public transportation or
private vehicles. Bicycle rental stations would be allowed in all non-residential zones, in -
clung mixed-use residential zones, and kiosks could be located on public or private
pdiroperty, Each location would be reviewed to ensure that the placement and operation of
such facdthes does not interfere with adjacent uses, obstruct pedestrian access or pose a
hazard. System and sponsor advertising would be permitted by allowing small placards
placed on the bicycles or on bike station pedestals. A bicycle sharing vendor would as-
sume all of the costs and liabilities of establishing and o=Ing the system and, in return,
would receive all monetary proceeds from bicycle rental o=
and advertising revenues.
1, Linda Nguyen, City Clerk of the City of Anaheim, do hereby 06" that the foregoing is a
summary of Ordinance No. 6235 which ordinance was introduced ata regular meeting of
the City Council of the City of Anaheim on the 7th day of February, 2012 and was duly
passed and adopted at a regular meeting of said Council on the 28th day of February,
2012 by the following roll call vote of the members thereof:
AYES: Mayo Tait, Council Members Galloway, Sidhu, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
I The above summary is a brief description of the subject matter contained in the text of Or-
dinance No. 6235, which has been prepared pursuant to Section 512 of the Charter of the
City of Anaheim, This summary does not include or describe ev provision of the ordi-
nance and should not be relied on as a substitute for the full tent of% ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office of the City
Clerk, (714) 7655166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
Publish: Anaaheim Bulletin March S. 2012 9458677