HomeMy WebLinkAboutAdmin Order 58-22-25-F -- Micromobility Rule AmendmentPage 1 of 21
ADMINISTRATIVE ORDER NO. 58-22-25-F
of the
City Manager of the City of Eugene
AMENDING AND REPLACING SHARED MICROMOBILITY SERVICE
LICENSE ADMINISTRATIVE RULE R-3.570 ADOPTED BY
ADMINISTRATIVE ORDER NO. 58-22-02-F.
The City Manager of the City of Eugene finds that:
A. Sections 3.015 and 3.572 of the Eugene Code 1971 (“EC”) authorize the City
Manager to adopt administrative rules pursuant to EC 2.019 to implement the provisions of EC
3.570, 3.572 and 3.574. Pursuant to that authority on April 19, 2022, I issued Administrative Order
No. 58-22-02-F establishing Shared Micromobility Service License Administrative Rule R-3.570.
B. On December 12, 2022, I issued Administrative Order No. 58-22-25 ordering that
notice be given of the opportunity to submit written comments on a proposal to amend the Rule to
address implementation issues, to clarify some requirements, and to correct typographic errors the
City has identified in the original rule, including a change to the Rules’ requirements pertaining to
a licensee’s privacy policy which, as originally adopted, would be prohibitively disruptive to a
licensee’s business and would place an unreasonable burden on City staff.
C. Notice of the proposed amendments to the Rule was given by making copies of the
Notice available to any person who had requested such notice and to any business which possessed
a license issued pursuant to the Rule, and by publication of the Notice in the Register Guard
newspaper on December 15, 16, 18, 19 and 20, 2022, providing interested persons an opportunity
to submit comments on the proposed amendments until the end of the day on December 30, 2022.
The written comment received during the public comment period are addressed in the City
Manager's Findings in Consideration of Written Submissions attached as Exhibit B to this Order.
On the basis of these findings, I order that:
1. Shared Micromobility Service License Administrative Rule R-3.570 is amended by
updating Rules R-3.570-B, R-3.570-C, R-3.570-D, R-3.570-F and R-3.570-H.
2. The unamended provisions of Shared Micromobility Service License
Administrative Rule R-3.570 adopted by Administrative Order No. 58-22-02-F are reaffirmed and
incorporated into Administrative Rule R-3.570 adopted by this Order.
3. Administrative Order No. 58-22-02-F is superseded by this Administrative Order
No. 58-22-25-F as of the effective date of this Order.
4. As of the effective date of this Order, the following is Shared Micromobility
Service License Administrative Rule R-3.570:
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SHARED MICROMOBILITY SERVICES LICENSES
ADMINISTRATIVE RULE R-3.570
R-3.570-A Shared Micromobility Service – Definitions.
The definitions at EC 3.005 under the headings “General” and “Shared Micromobility Devices”
apply to the words and phrases used in these administrative rules. In addition, the following words
and phrases mean:
(1) ADA. Americans with Disabilities Act.
(2) Application Programming Interface (API). A set of protocols, routines, functions
and/or commands used to develop software or facilitate interaction between distinct
systems.
(3) Crosswalk. Any portion of a roadway at an intersection or elsewhere that is distinctly
indicated for pedestrian crossing by lines or other markings on the surface of the roadway
or, where such markings are not present, the imagined extension of a sidewalk or shoulder
across a street at an intersection. A crosswalk exists at all intersections unless specifically
marked otherwise.
(4) Curb. The extreme edge of the roadway.
(5) Curb Ramp. A short slope built into the curb of a sidewalk to ease passage from the
sidewalk to the street and vice versa. Also known as a curb cut.
(6) Deploy / Deployment. The act of making shared micromobility devices available for
utilization by users.
(7) Designated No-Parking Zone. Areas where the parking of shared micromobility
devices is restricted through the use of geofencing.
(8) Designated No-Riding Zone. Areas where the riding of shared micromobility devices
is restricted through the use of geofencing.
(9) Designated Parking Locations. Areas indicating where the parking of shared
micromobility devices is required through methods that may include geofencing,
physical parking infrastructure, or striping.
(10) Designated Slow-Riding Zone. Areas restricted to a maximum speed of 12 MPH or
less through the use of geofencing for shared micromobility devices.
(11) Electric Scooter. A micromobility device that has a floorboard, dual brakes, front and
rear lights and handlebars and that may, or may not, have a seat.
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(12) General Bikeshare Feed Specification (GBFS). An open data standard for shared
micromobility devices that creates real-time, read-only data in a uniform format that is
publicly available online. Specifications are available at
https://gbfs.mobilitydata.org/specification.
(13) Geofence. A virtual geographic boundary established using GPS or RFID technology,
that enables software to trigger a response when a shared micromobility device enters or
leaves a particular area.
(14) Historically Marginalized Communities. Disadvantaged or traditionally underserved
populations, including people who are BIPOC, LGBTQIA+, refugees, immigrants,
elderly, experiencing disability(ies), or low-income.
(15) Low-Income Person. An individual who is eligible for the Oregon Trail Card, SNAP:
EBT (Electronic Benefits Transfer) Card, Temporary Assistance for Needy Families,
Free & Reduced Price Lunch, HUD Housing Choice Voucher, or LIHEAP (Home
Energy Assistance), or qualifies for other social services based on income.
(16) Mobility Data Specification (MDS). An open data standard for shared micromobility
devices that both shared micromobility device licensees and the City can use to gather
data. Specifications are available at
https://github.com/openmobilityfoundation/mobility-data- specification/
(17) Operations Service Area. The geographic area in which shared micromobility devices
operate, as agreed upon between the City and the licensee.
(18) Right-of-Way. Any public alley, public transportation path, roadway, sidewalk, or
street that is owned, granted by easement, operated, or controlled by the City.
(19) Shared Micromobility Service. A person or business that offers, in exchange for
compensation, shared micromobility devices.
(20) Shared-Use Paths. Public pathways that are wider than a standard sidewalk, that are
separate from the roadway network, that serve both transportation and recreational
purposes and accommodate a variety of simultaneous active uses, including but not
limited to walking, biking, running, skating, and riding a scooter.
(21) Sidewalk. That paved portion of the street that is intended primarily for people walking
and that is located within a street right-of-way between the curb line or the lateral line of
a roadway and the property line of the adjacent property.
(22) Stage / Staging. The orderly presentation by a licensee of parked shared micromobility
devices.
(23) User / Rider. A person who has rented a shared micromobility device and is in
physical control of the device.
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R-3.570-B Shared Micromobility Service -- Application for Conditional Approval
of License to Operate Shared Micromobility Service.
From time to time, the City will publish on its web site notice of the opportunity to submit an
application to operate a shared micromobility service within the City of Eugene. Applications
will be accepted for a period of time specified in the notice and licenses will be granted as set
out in these administrative rules. An applicant for a license to operate a shared micromobility
service must first obtain a conditional approval, as described in this section, before seeking final
approval pursuant to section R-3.570-C.
(1) An application for conditional approval must submit the nonrefundable application fee,
a completed application on a form issued by the City Engineer and all of the following.
a. A signed certification from the City Engineer or the City Engineer’s designee
indicating that:
1. For each type or model of micromobility device that the applicant
proposes to deploy in its fleet, the applicant has provided a typical device
for the City’s examination and testing;
2. The device(s) examined and tested are capable of the functions necessary
to meet the minimum requirements of this Rule; and
3 The applicant has successfully demonstrated that the geofencing the
applicant proposes to use is operable and capable of the functions
necessary to meet the minimum requirements of this Rule.
b. Proof that a 24-hour customer service phone number and access to translation
services have been established and a statement that the phone number and
translation service will remain available to users at all times of the shared
micromobility service’s operation;
c. A “Life Cycle Analysis (LCA)” for the micromobility devices the applicant seeks
to deploy, including, at a minimum:
1. A cradle-to-grave impact study that reasonably describes the impacts
associated with the production, use, and disposal of the fleet of
micromobility devices that the applicant seeks to deploy;
2. Explicitly stated assumptions, delimitations (definitions set as the
boundaries of study, e.g. objectives, research questions, variables,
theoretical objectives, and populations chosen as targets to study), and
limitations (potential weaknesses in study given limited funding, choice
of research design, statistical model constraints, or other factors);
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3. The measurement of life cycle greenhouse gas emissions reasonably
expected from the proposed deployment;
4. Detailed information on the vehicle’s estimated useful life, including a
description of the operator’s methodologies for reliably testing the
durability of a vehicle as well and individual parts that are subject to
intense wear through the use of the device.
d. An end-of-life plan for all the material components of shared micromobility
devices planned to be deployed by the applicant, including the applicant’s
approach to:
1. The recycling, reuse, or sustainable disposal of metal, rubber, batteries,
and electronic waste;
2. Compliance with ORS 459.A and the Oregon Electronics Recycling Law;
and
3. Compliance with the international standards established by the
International Organization for Standardization (ISO), the Occupational
Health and Safety Assessment Series (OSHAS), and Responsible
Recycling (R2).
e. An “Operations and Maintenance Plan” that demonstrates adequate knowledge
and capacity for fleet maintenance, cleaning, sanitizing, charging, distribution,
and rebalancing including:
1. The applicant’s approach to maintenance, cleaning, and repair of shared
micromobility devices. This shall include safety check protocols,
minimum standards for repair and cleaning, including COVID-19-
specific cleaning measures, how the applicant’s staff shall be trained to
execute the applicant’s approach, and the frequency of each service.
2. The applicant’s approach to charging, distribution, and rebalancing. This
shall include information about charging locations and power sources,
how the need for recharging shall be identified, and how the applicant’s
staff shall be trained to execute the applicant’s approach.
3. The applicant’s approach for special events, emergencies, and other non-
standard operations. This shall include information on incident
procedures and response.
f. A plan for reporting energy or fuel consumed and operational vehicle miles
traveled (VMT), including but not limited to the deployment, rebalancing,
charging and maintenance of shared micromobility devices including:
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1. How the applicant will document and report to the City vehicle miles
traveled by staff in relation to deployment, rebalancing, charging, and
maintenance for shared micromobility devices. Reporting shall include
number and length of trips generated, and amount of fuel consumed, in
relation to these activities.
2. How the applicant will document and report to the City energy consumed
in relation to charging shared micromobility devices. If using electric
vehicles (including electric bikes), reporting shall include energy
consumed for deployment, rebalancing, and maintenance purposes.
g. A “Community Engagement and Equity Plan” that demonstrates the applicant
will provide an appropriate level of customer service response to the needs and
concerns of both users and non-users in a manner that is culturally sensitive and
includes ways for making the proposed service more accessible to historically
marginalized communities. The plan should:
1. Provide the public with comprehensive, well-communicated information;
2. Ensure that community concerns are regularly heard and considered;
3. Incorporate community feedback and priorities to the maximum extent
possible through partner-ready programs; and
4. Fulfill the Safe Riding and Proper Parking Program and Equity Program
requirements as described in R-3.570-D(6).
h. A privacy policy that safeguards users’ information, including personal,
financial, and travel information. The policy shall:
1. State that the applicant will safeguard a user’s personal data using
reasonable, industry standard security measures and will not disclose to
any third party a user’s name, address, financial information, travel
origin, travel destination, or travel route without providing notice to the
user;
2. Provide users the opportunity to explicitly assent to any privacy policy
(users must have the ability to decline sharing any data not required to
process and complete the transaction); and
3. Include a provision stating that the user assents to the licensee providing
user’s shared micromobility device location data with the City and City-
designated third-parties.
i. A “User Enforcement Plan” that details how the company will incentivize good
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user behavior and penalize user infractions, including:
1. The applicant’s approach to implementing rider accountability measures,
including potential penalties;
2. The applicant’s approach to monitoring compliance with applicable laws
and regulations, such as those prohibiting riding on the sidewalk or
proper parking, including what technology innovations shall be used;
3. The applicant’s investigation and resolution process for complaints about
improper, unsafe, or illegal riding and/or parking behavior; and
4. Any additional modifications, notification systems, infrastructure, etc.
not otherwise required above that further ensures user compliance when
operating shared micromobility devices.
j. Either:
1. Documentation showing that the applicant’s local operations would be
managed by the same entity that manages the local operation of the City’s
bikeshare service; or
2. An “Employment Plan” that includes a commitment by the applicant to:
(a) Manage local operations by use of only company-hired (W-2)
employees;
(b) Ensure that, at all times, at that least 60 percent of the applicant’s
employees handling local operations live within 10 miles of the
Eugene city limits; and
(c) Partner with local community-based organizations to develop
workforce training and skills development programs.
k. A map showing the applicant’s proposed operations service area;
l. A map depicting locations at which the applicant proposes staging its
micromobility devices and the number of devices proposed for each location,
including on the University of Oregon campus;
m. A proposed schedule for launch of operations after receiving final approval of
license. This shall include a proposed initial number of micromobility devices, a
proposed total maximum number of micromobility devices, and a timeline for
scaling the applicant’s fleet;
n. A list of proposed service rates, including discounted rates for low income users;
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and
o. An adaptive micromobility device plan that includes either:
1. The percentage of the applicant’s fleet of micromobility devices that will
include a seated option and the percentage of the applicant’s fleet of
micromobility devices to be staged in Tier 1, Tier 2, and Tier 3 zone
locations, as shown on Exhibit A to these Administrative Rules (map of
Eugene Micromobility Zones); or
2. The applicant’s approach to on-call adaptive micromobility device
options, including types of devices planned to be offered, means of device
delivery and pickup, rental rates and durations, and staff training.
(2) The City Engineer’s decision to approve or deny an application for conditional
approval will be based upon:
a. Demonstration that all application requirements of R-3.570-B(1) have been met.
b. The extent to which the proposed equipment:
1. Exceeds the minimum requirements of R-3.570-D(1);
2. Fits a wide range of the adult population while best ensuring stability
and balance;
3. Has a robust theft and tamper resistant design, such as non-exposed
brake cables;
4. Can be easily serviced and repaired; and
5. Demonstrates strong GPS recognition rate for geofencing.
c. The extent to which the applicant’s software provides:
1. Simple and efficient rider access to customer support; and
2. A detailed and reliable operator platform that:
(a) Informs the operator of vehicles across multiple statuses for the
purpose of optimizing daily workflows; and
(b) Tracks technicians' touches (e.g., inspections, drops, pickups,
etc.).
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R-3.570-C Shared Micromobility Service -- Final Approval of License to Operate
Shared Micromobility Service.
Applicants that receive a conditional approval of a license under R-3.570-C must receive a
final approval under this section before launching operation.
(1) To receive final approval for a license to operate a shared micromobility service, the
applicant must provide the following within 30 days of receiving the City’s notice of
conditional license approval:
a. A signed operations agreement between the City and the applicant, including:
1. The boundaries of the area to be served by the applicant’s shared
micromobility service (service area);
2. The boundaries of the Tier 1, Tier 2 and Tier 3 areas within that service area
(see map of Eugene Micromobility Zones at Exhibit A to these
Administrative Rules);
3. The staging locations within that service area showing that a percentage of
the applicant’s fleet of micromobility devices will be staged in Tier 1, Tier
2, and Tier 3 locations;
4. A schedule for launch of operations, including an initial number of
micromobility devices and a timeline for scaling the applicant’s fleet;
5. Service rates, including discounted rates for low income users;
6. A statement that either:
(a) A percentage of the applicant’s fleet of micromobility devices
will at all times include a seated option; or
(b) The applicant will provide an on-call adaptive micromobility
device option.
7. A signed data-sharing agreement between the City and the applicant; and
8. An indemnification stating that, to the extent legally possible, the applicant
and the City shall indemnify and hold the other, its officers, agents and
employees, harmless from and against any and all claims, actions,
liabilities, costs, including attorney fees and other costs of defense, arising
out of or in any way related to any act or failure to act by each other and
each other's employees, agents, officers and contractors.
b. Proof that the applicant has obtained insurance that meets or exceeds the
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following requirements:
1. Commercial General Liability Insurance. The Licensee shall secure and
maintain a broad form commercial general liability insurance policy with
coverage of not less than $2,000,000 combined single limit per
occurrence, with aggregate of $3,000,000, for bodily injury, personal
injury or property damage. Such policy shall contain a contractual
liability endorsement to cover the applicant’s indemnification obligations
under these provisions. The policy shall also contain an endorsement
naming City as an additional insured, in a form satisfactory to City, and
expressly providing that the interest of City shall not be affected by the
applicant's breach of policy provisions.
2. Automobile Liability Insurance. Should the Licensee employ
automobiles to execute any of its services or provisions, Licensee shall
maintain an automobile liability insurance policy with coverage of
not less than $2,000,000 combined single limit per occurrence for bodily
injury, personal injury or property damage. The coverage shall include
both hired and non-owned auto liability. The policy shall also contain an
endorsement naming City as an additional insured, in a form satisfactory
to City, and expressly providing that the interest of City shall not be
affected by Licensee’s breach of policy provisions.
3. Cyber Liability Insurance. Licensee shall maintain a cyber liability
insurance policy reflecting limits of not less than $2,000,000 for claims
for data breach, or technical errors or omissions arising from the Work.
The policy may be written on a “claims made” form. Licensee shall
maintain the cyber liability insurance coverage for at least one year after
the completion of the work. The policy shall contain an endorsement
entitling the City not less than 60 days prior written notice of any material
change, nonrenewal or cancellation of such policy.
4. Workers’ Compensation Insurance. Licensee shall comply with the
Oregon Workers' Compensation law by qualifying as a carrier-insured
employer or as a self-insured employer and shall strictly comply with all
other applicable provisions of such law. Licensee shall provide City with
such further assurances as City may require from time to time that
Licensee is in compliance with these Workers' Compensation coverage
requirements and the Workers' Compensation law. Licensee is a subject
employer that will comply with ORS 656.017.
5. Proof of insurance as required by this section may be demonstrated
through one or more policies of insurance, primary or excess.
c. A signed operations agreement between the applicant and the entity that manages
the local operation of the City’s bikeshare service, if applicant indicated it would
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partner with that entity during the conditional approval process.
d. A signed operations agreement between the University of Oregon and the
applicant authorizing the applicant’s shared micromobility service to operate on
the University campus.
e. The per-vehicle operation fee.
f. The license fee.
(2) If the additional material required by this section R-3.570-C is not submitted within 30
days of the date requested pursuant to (1), and no written extension of conditional
approval has been granted by the City, application for approval of a license to operate a
shared micromobility service will be deemed withdrawn consistent with EC 3.020. Upon
the applicant’s request submitted before the expiration of the 30 days, the City Engineer
or the City Engineer’s designee may grant a written extension of a conditional approval
based on a determination that the applicant is diligently addressing the requirements of
subsection (1).
R-3.570-D Shared Micromobility Service – Licensee Operating Standard and
Requirements
(1) Equipment
a. Each shared micromobility device shall include the following design elements
at a minimum:
1. A bell, or similar audible device, loud enough for people with
auditory impairments to hear;
2. A front white light bright enough to be seen from a distance of 300 feet;
3. A rear red light bright enough to be seen from a distance of 500 feet;
4. Braking components that are not easily subject to vandalism;
5. On-board GPS technology that can provide real-time location
information;
6. Controls to limit speed to a maximum of 15 MPH; and
7. Security hardware to deter theft and vandalism.
b. The body of each micromobility device shall include visible language, in a font
size that meets ADA standards, that includes (at least):
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1. A unique identification number;
2. The licensee’s customer service contact information;
3. Oregon state law helmet requirements for micromobility devices;
4. Oregon state law restrictions on riding micromobility devices on
sidewalks;
5. A notice that shared micromobility devices must be parked in a
designated parking location, a public bike rack or close to the curb in a
location that does not impede pedestrian or vehicle travel.
c. Licensees are encouraged to incorporate into each shared micromobility device
technology that can self-diagnose and report maintenance issues.
d. Geofencing shall ensure that:
1. Shared micromobility devices may not exceed a speed of 15 MPH.
2. Shared micromobility devices may not exceed a speed of 12 MPH on
shared-use paths and in designated slow zones. Some Designated Slow
Zones may require governing the maximum allowable speed to less than
12 MPH.
3. During a user’s first ride on a licensee’s shared micromobility device, the
device’s speed is limited a maximum speed of 10 MPH for the duration
of the rider’s first ride. If the user has ridden a shared micromobility
device belonging to the licensee in another U.S. city, this does not apply.
(2) Maintenance
a. Licensee shall keep all shared micromobility devices clean, in good repair,
equipped as required in (1) and in a safe working order with no missing or
malfunctioning components.
b. Licensees shall keep a record of each notification that a shared micromobility
device is not in safe working condition, whether the notification is received from
an on-board self-diagnosing and reporting tool, a call to the customer service
phone line, an online message or an in-person report.
c. Immediately upon notification that a shared micromobility device is not in safe
working condition, licensee shall disable that device.
d. Licensee shall repair or remove any shared micromobility device that is not in
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safe working order within 24 hours of notification.
e. Licensee shall inspect its shared micromobility devices weekly for wear and tear
and immediately replace any worn or damaged components.
(3) Deployment, Distribution, Staging and Programs
a. Licensee shall provide mechanisms for users and non-users (the public) to notify
licensee of safety, parking, maintenance and other customer service issues
relating to licensee’s shared micromobility devices. At a minimum, these
mechanisms shall include:
1. A 24-hour customer service number with the capability for
translation services; and
2. An online report form accessible through licensee’s mobile and web
applications.
b. Licensee shall not increase or decrease the number or type of micromobility
devices in operation without first getting approval from the City.
c. Licensee shall launch operations within 30 days of the City’s notice to proceed, and
only on a date that has approved by the City.
d. Licensee shall operate a minimum of 100 shared micromobility devices.
e. Licensee shall make available a minimum of either 100 micromobility devices
or 25% of its total fleet, whichever is larger, each day.
f. Licensee shall make its fleet of shared micromobility devices available 24 hours
a day, 7 days a week, unless otherwise directed by the City.
g. Licensee shall stage shared micromobility devices in an upright position, as
applicable (e.g. scooters).
h. Licensee shall permit the operation of its shared micromobility devices only
within the City limits and within a public right-of-way, public easement, public
shared-use path, or the University of Oregon campus.
i. Licensee shall not stage shared micromobility devices in a manner that violates
ADA accessibility requirements or impedes ADA access, including the blocking
of curb ramps, crosswalks or crosswalk activation buttons.
j. Licensee shall not obstruct travel on the sidewalk, in vehicular travel lanes, or
bicycle travel lanes when repairing, removing, or rebalancing shared
micromobility devices.
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(4) Shared Micromobility Device Staging and Parking
a. Licensee shall allow micromobility devices to be staged or parked in designated
parking locations established by the City or the University of Oregon that are
within the licensee’s service area.
b. Licensee shall use geofencing when appropriate, in-app messaging, and user
agreements to ensure that its shared micromobility devices are parked:
1. As close to the curb as is practicable;
2. Within designated parking locations, when one is present within 500 feet
of the end of trip;
3. At a public bike rack; or
4. At physical infrastructure installed by a licensee for the purpose of
parking shared micromobility devices (a “hub”).
c. Licensee shall use geofencing when appropriate, in-app messaging, and user
agreements to ensure that shared micromobility devices are not parked:
1. Within a traffic island, median or traffic circle;
2. On any bridge, bridge ramp, or bridge approach;
3. Within five (5) feet of any fire hydrant;
4. Within five (5) feet of any crosswalk;
5. Within five (5) feet of any driveway, alley, or curb cut;
6. Within five (5) feet of any portion of a curb ramp;
7. Within five (5) feet of a marked disabled parking space;
8. Within five (5) feet of a marked loading zone;
9. Where the parking may cause damage to any landscaping, including but
not limited to flowers, shrubs or trees;
10. Where the parking obscures any fixed regulatory or informational
signage;
11. Within 200 feet from the Willamette River or Amazon Creek, except
where otherwise directed by the City; or
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12. On a private street or within the right-of-way for a road, street or
highway not owner by the City of Eugene.
d. Licensee shall not stage shared micromobility devices in any way that conflicts
with the parking restrictions cited in R-3.570-D(4)b. or c.
e. Licensee shall correct improperly parked shared micromobility devices,
including devices which are not parked in an upright fashion, within two (2)
hours of receiving a City notification or of received notification from anyone
through the licensee’s customer service number, web application, or mobile
application.
(5) Geofencing and Speed Governing
a. Licensee must employ and maintain geofencing that ensures its
shared micromobility devices do not violate these rules.
b. Geofencing must:
1. Be displayed on the licensee’s mobile and web applications;
2. Notify users when they are attempting to end a trip in a designated no-
parking zone and prevent users from ending a trip in a designated no-
parking zone;
3. Direct users to designated parking locations when they are within 500
feet of one;
4. Incrementally slow shared micromobility device’s speeds to 12 MPH or
less when approaching designated no-riding zones, notify users when
they are approaching a designated no-riding zone, and prevent users from
riding in a designated no-riding zone;
5. Incrementally slow shared micromobility device’s speeds to 12 MPH or
less when approaching designated slow-zones and notify users when they
are riding in a designated slow-zone.
(6) Programming
a. Safe Riding and Proper Parking Program.
1. Licensee shall utilize a program of incentives and disincentives to
address, at least, the following:
(a) Users must obey Oregon state laws regarding helmet use
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when riding a micromobility device;
(b) Users may not ride a micromobility device on sidewalks;
(c) Users may not ride a micromobility device when they are
intoxicated; and
(d) Users must park a micromobility device in an upright fashion
upon trip completion and in location that is consistent with these
Rules.
2. At the time of user registration and at the beginning of each rental period,
licensee shall educate the user on the safe operation of the shared
micromobility devices offered by the licensee, with City-approved
language.
3. Licensee shall distribute user education materials provided by the City at
any time as directed by the City.
4. At the time of user registration and at the beginning of each rental period,
licensee shall direct users to comply with all applicable laws and
requirements listed in Eugene Code 5.160, and Oregon Revised Statues
814.510, 814.512, 814.514, 814.518, 814.520, 814.524, 814.526,
814.528, 814.530, 814.532, and 814.534, including but not limited to:
(a) Age requirements;
(b) Prohibition of sidewalk riding;
(c) Helmet requirements; and
(d) Parking requirements.
5. Licensee is encouraged to use new and innovative methods to
communicate laws related to riding micromobility devices, proper
parking practices and safe riding techniques. At a minimum, Licensee
shall use:
(a) Visible language on the body of the micromobility device; and
(b) Interactive safety messaging, such as quizzes and tutorials, on the
user application, about the above requirements to be delivered
before a user unlocks a licensee’s shared micromobility device for
the user’s first ride and, at a minimum, once per ten rentals.
6. Licensee is encouraged to develop and implement a Rider Education
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Program (REP) to teach users how to safely and conscientiously use
shared micromobility devices. The REP should include both in-person
and virtual trainings that are open to users and non-users/the public alike.
7. Licensee shall collaborate with the City to develop and execute an
education and etiquette campaign about the do’s and don’ts of safe and
legal micromobility device use.
8. Licensee shall distribute notifications, warnings, and fines to users’
accounts for repeated occurrences of non-compliant behavior.
9. Licensee shall suspend a user when the user has incurred three
documented violations of this administrative rule occurring within a 365-
day period.
b. Equity Program. Licensee shall utilize a program to provide a shared
micromobility service that is affordable and accessible to the entire Eugene
community, including low- income persons and those in historically
marginalized communities. This program shall include, at least, the following:
1. Translation services for all print and digital communications in multiple
languages. At a minimum, print and digital communications shall be
provided in English and Spanish;
2. Means for people without smartphones or internet service to be able to
access and use shared micromobility devices;
3. Means for people without a credit card or bank account to be able to
access and use shared micromobility devices;
4. A reduced service rate plan for low-income persons and a system for user
sign up and payment that enables easy use; and
5. Deployment and maintenance of a percentage of licensee’s fleet within
Tier 1 zone locations as shown on Exhibit A to these Administrative Rules
(map of Eugene Micromobility Zones).
6. A commitment to community engagement, including collaboration with
the City and participation in outreach, education, and other programming
designed to:
(a) Improve knowledge of and access to mobility and recreation
options in the City of Eugene;
(b) Reach a wide audience, including historically marginalized
communities; and
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(c) Build trust and confidence with the community.
(7) Insurance
a. The Licensee shall maintain continuous, uninterrupted insurance coverage as
described in R-3.570-C(1)e. for the duration of the license. Any lapse in
insurance coverage, even if the insurance company later backdates it, is subject
to a civil penalty.
b. The insurance limits required to maintain the license as described in R-3.570-
C(1)e. are subject to statutory changes to maximum limits of liability imposed
on municipalities of the State of Oregon during the license’s term.
(8) Exceptions
Special events, inclement weather, emergencies, disaster declarations and other unusual
circumstances may result in a determination that one or more of these rules will not be
enforced by the City. Notice of such a determination will be communicated by the City
to licensees as far in advance as possible. Further, in such circumstances, it may be
necessary to require licensees to suspend operations and/or to remove micromobility
devices from the operations service area until safe operation is deemed feasible.
R-3.570-E Service Rates
Licensee shall make all service rates, which must include discounted rates for low-income users,
available in a clear and transparent way for user review. At a minimum, rates shall be listed on
the licensee’s website, in the user application and on printed materials made available to the City
upon request.
R-3.570-F Data Sharing and Reporting
(1) Data Sharing Requirements
a. Licensee must provide the City, and/or City-identified third-party researchers
and/or contractors, access to data in accordance with industry standards in the
following formats:
1. General Bikeshare Feed Specification (GBFS); and
2. Mobility Data Specification (MDS).
b. Licensee must maintain a publicly available application programming interface
(API) in accordance with industry standards for GBFS.
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c. Licensee must maintain an API that can be accessed by the City and/or City-
identified third-party researchers or contractors, in accordance with industry
standards for MDS.
d. Licensee shall update their APIs and GBFS/MDS standards within 90 days if
requested by the City.
e. Licensee shall disclose to each user the types of data it collects from users and
shared micromobility devices, the types of data licensee reports to third parties,
and how data is used by the licensee.
f. Licensee must disclose to users that anonymized user data will be shared with
the City of Eugene and any City-identified third-party researcher or contractor.
g. Licensee shall not share confidential and individual user data with any company
or organization except the City of Eugene and any City-identified third-party
researcher or contractor.
h. Licensee shall not sell confidential and individual user data to any third parties.
i. Licensee shall submit to compliance audits and enforcement actions upon request
by any City-authorized personnel, law enforcement officers, or any City-
identified third-party researcher or contractor operating at the direction of City
personnel under the standards established by this Administrative Rule.
j. The City, and any City-identified third-party researcher or contractor, may use
and analyze the data they receive for compliance and monitoring purposes, and to
create and publish derivative products and reports. Aggregate data submitted to
the City may be subject to public disclosure.
k. Licensee shall notify the City and all required users of a known data security
breach in the same manner as provided in ORS 646A.600 to ORS 646A.628.
(2) Reporting Requirements
Licensee shall provide monthly accurate reports to the City, and/or City-identified third-
party researchers and/or contractors, containing the preceding month’s:
a. User-involved collision and injury reports;
b. Complaints received by users and non-users/the Public;
c. Customer service responses;
d. Maintenance logs, including notifications received that a shared micromobility
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device is not in safe working condition;
e. Historical ride-trip data;
f. Education and outreach efforts;
g. Low-income service rate plan usage;
h. Penalties issued to users; and
i. Vehicle miles traveled, number of trips generated, and energy or fuel consumed
for the deployment, rebalancing, charging, and maintenance of shared
micromobility devices.
R-3.570-G Enforcement
Licensee’s failure to comply with the requirements of this Rule is subject to the enforcement
provisions in EC Chapter 3, pertaining to business licenses, generally. This includes the
imposition of civil penalties and license revocation.
R-3.570-H Expiration, Renewal, Modification and Termination of License to
Operate Shared Micromobility Service
(1) License Term and Expiration. A license issued pursuant to these Rules shall be valid
for a period of one year from the date the final license approval is issued by the City and
shall expire on that date unless the licensee has applied for a license renewal as required
by this Rule.
(2) License Renewal. An application for renewal of a license shall be submitted to the City
at least 60 days prior to the license expiration date and shall be accompanied by the
required fee and all documents required for final approval of license to operate a shared
micromobility service described in R-3.570-C. A license modification does not result in,
and cannot be used for, extension of the term of a license.
(3) License Modification to Increase Fleet. At any time during the term of an approved
license, licensee may submit a written request to the City to increase the number of shared
micromobility devices operating in licensee’s fleet, subject to licensee’s payment of the
per-vehicle operation fee for any additional vehicles. Approval or denial of a licensee’s
request to increase fleet size shall be based on the following:
a. Licensee’s record of adherence to the terms of these rules;
b. Record of safe use of shared micromobility devices by licensee’s users;
Page 21 of 21
KM
c. Safe deployment of shared micromobility devices by licensee;
d. Utilization rates of shared micromobility devices;
e. Licensee’s low-income service rate plan enrollment rates;
f. Community engagement efforts by licensee;
g. Licensee’s efforts toward providing equitable service; and
h. Whether the licensee has received a warning or a penalty from the City within
the three-month period prior to the increase.
(4) Termination of Services.
A licensee shall provide the City with written notice at least 21 days in advance of ceasing to
operate its shared micromobility service. The licensee must collect and remove all of its shared
micromobility devices and associated equipment within 24 hours of ceasing operation.
R-3.570-I Shared Micromobility Service Pilot Program
During the first year of the City’s shared micromobility service licensure program, the City will
issue only one shared micromobility service license and electric scooters are the only type of
micromobility device that may be approved and deployed.
Dated and effective this 30th day of January, 2023.
Sarah Medary KM
City Manager
RI
RI
JW
MR
Exhibit A Page 1 of 2 EugeneMicromobilityZones-FullCity1\Ku,t1iiliQ:e^-4LtIAirssSiSfaExhibitAPage1of2ATJr$2^W'Z~~1-IV\z??VlLfefeA*wAX.^rewE^^.c^mnTrrni£r—-i"ter.IvKk-T!—EquifyJp.Z6ne,$.q5.ffi•Tier’l,-Equity.e,$.05-7ZILegendE31>EquityZone,$.05Tier2,GeneralSetvceZone,$.15^3Tier3,CentralCitySendeeZone,$.25rf"*3UrbanGo*tnBoundary(UGB)Kk’WJKhihi«S111212Ser.Ce,S.l:-J=
Exhibit A Page 2 of 2 EugeneMicromobilityZones-Detail2a2“T7nvT_Lt-rI±,jr-.i1tl;+-TTi'iALtuflene,IEIE189»•«U~.~~T?_LATrLegend^3T*rEqutyZone,$.05Tier2,GeneralServceZone,$.15E3Tier3,CentralCityServiceZone,$.25D'banGrowthBoundary(UGB)ExhibitAPage2of2*+=5C$h±t*3tZLu:L-EEzZzVsSr-SwspirnrK_(-JIL:=TTj3~,,,he-i~1\ITT~Vrrv^t~T=a-<7'.ujEfe-.11J?A*~=r^4—^teiroo3TierEquity\Zone,$.05I-;B'WSTSMB??nLTiey2,..^GenerarService7,r,4Y.A-‘W?TfU-ii-iI^^ctE\vi/J~n1—V=PhTTTH_kVLLulnLE-Tiei^Central^City.ServiceZone,$.2500250.5r-^8-9—MBiMPxX^TierL;-.<EquityLZone,$.05
Exhibit B
to Administrative Order No. 58-22-25-F
FINDINGS
of the City Manager of the City of Eugene
in Consideration of Written Submissions Regarding
ADMINISTRATIVE
ORDER NO. 58-22-25
SHARED MICROMOBILITY SERVICE LICENSE
ADMINISTRATIVE RULE R-3.570
With regard to written submissions, the City Manager of the City of Eugene finds:
One comment was received. It addressed the City’s proposal to insert language in Rule R-3.570-H(3) that
would have limited the number of total micromobility devices in a licensee’s fleet. The comment
expresses concern that such language might unreasonably restrict future potential growth of the shared
micromobility services program.
The City finds that the proposed cap could unreasonably restrict future potential growth of the shared
micromobility services program. Therefore, the final Rule R-3.570-H(3) does not include a cap on the
number of devices, as was initially proposed. Instead, language concerning the total micromobility
devices in a fleet has been added to Rules R-3.570-B(1)m. and R-3.570-C(1)a.4. specifying that fleet size
shall be agreed upon between the applicant and the City during the license application process.