In this subtitle, the following terms have the meanings indicated.
“Dockless vehicle” means a bicycle, e-bike, e-scooter, or any other vehicle type approved by the Director and not otherwise defined in this subtitle that does not require the construction of a special docking location for its use.
“Dockless vehicle for hire” means a dockless vehicle available for short-term rental by a provider for the purpose of providing individual transportation on a public right-of-way.
“E-bike” means a device designed and equipped with:an electric motor for self-propulsion;
2 tandem wheels, either of which is more than 20 inches in diameter; and
a locking device to either lock itself or lock to existing structures.
“E-bike” does not include:a motorcycle;
a motor vehicle;
a public transportation vehicle;
a dirt bike as defined in <cite data-path="|19|§40-1|(c)">Article 19, § 40-1(c) {“Definitions – Dirt bike”}</cite>; or
a minibike as defined in <cite data-path="|19|§40-1|(d)">Article 19, § 40-1(d) {“Definitions – Minibike”}</cite>.
“E-scooter” means a device designed and equipped with:an electric motor for self-propulsion;
2 wheels below a platform on which a user can stand upright to operate and control the vehicle; and
a locking device to either lock itself or lock to existing structures.
“E-scooter” does not include:a motorcycle;
a motor vehicle;
a public transportation vehicle;
a dirt bike as defined in <cite data-path="|19|§40-1|(c)">Article 19, § 40-1(c) {“Definitions – Dirt bike”}</cite>;
a minibike as defined in <cite data-path="|19|§40-1|(d)">Article 19, § 40-1(d) {“Definitions – Minibike”}</cite>; or
an electronic personal assisted device.
“Enforcement officer” has the meaning stated in City Code <cite data-path="|1|§41-1|(c)">Article 1, § 41-1(c)</cite>.
“Provider” means any person that provides dockless vehicles for hire.
“Program” means the Dockless Vehicle Program established pursuant to this subtitle.
“User” means any individual who operates a dockless vehicle.
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Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director must adopt rules and regulations to carry out this subtitle.
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Text Conformed 02/28/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
There is a Dockless Vehicle Program established for the purpose of regulating the operation of dockless vehicles and dockless vehicles for hire.
The Department is responsible for administering in a manner consistent with this subtitle.
The cost of Program administration shall be charged to the providers through the imposition of fees established by the Department and approved by the Board of Estimates.
The Program may be terminated at any time by:the Director, with 60 days prior written notice to the City Council and all providers; or
ordinance of the Mayor and City Council.
A termination of the Program operates torevoke all existing permits issued under this subtitle; and
require all dockless vehicles for hire to be removed from public right-of-ways within 48 hours from the effective date of the termination.
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The Program established by this subtitle must provide, in a manner established by the Director, equitable access to dockless vehicles for hire throughout the City and in under-served areas.
On an annual basis, the Director must determine:the maximum and minimum number of providers to be permitted under this subtitle; and
the maximum and minimum number and types of dockless vehicles permitted to operate under this subtitle.
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No provider may operate a dockless-vehicle-for-hire business without having first obtained a permit from the Director.
The Director may issue a permit under this subtitle in the form the Director requires.
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An application for a permit to operate a dockless-vehicle-for-hire business must be submitted in the form required by the rules and regulations adopted under this subtitle.
The permit application must include:the provider’s full legal name and any trade name(s) under which it operates;
documentary evidence from an insurance company indicating that the insurance company has bound itself to provide liability insurance to the provider as required by the Director in the rules and regulations adopted under this subtitle;
an agreement to indemnify the City;
a performance bond as provided in <cite data-path="|31|§38-23">§ 38-23 of this subtitle</cite>; and
any other information required by the rules and regulations adopted under this subtitle.
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A permit issued under this subtitle expires on the 1<sup>st</sup> anniversary of its effective date and is renewable as provided in this section.
The application for renewal must be in the form and contain the information required under <cite data-path="|31|§38-9">§ 38-9 of this subtitle</cite>.
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A permit issued under this subtitle to any provider is not assignable or transferable to or shareable with any other provider not identified in the permit.
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As a condition to holding a permit, a provider must submit data and reports as required by the Director in a format determined by the Director.
Except as otherwise required by law, the data and reports provided to the Department under this section must be kept confidential.
If disclosure of the data and reports is required by law, the Department must provide the provider with reasonable prior notice of the disclosure.
A provider must establish a privacy policy approved by the Department that safeguards user information.
The data and reports provided to the Department under this section may not include information that can reasonably be used to contact or distinguish a person, including IP addresses or device identifiers.
The Department must report the data provided under this section on the Department’s website.
The content and timing of the data reported under this subsection must be:determined by the Director; and
compliant with all applicable laws.
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After a hearing conducted in accordance with the rules and regulations adopted under this subtitle and with proper notice to the provider, the Department may revoke a permit if the Department finds that the provider:intentionally or knowingly made a false statement as to a material matter on the permit application;
failed to maintain the liability insurance required by the Director in the rules and regulations adopted under this subtitle;
failed to supply the data required under this subtitle or the rules and regulations adopted under this subtitle;
failed to pay any fees and taxes required under this subtitle or the Baltimore City Code; or
failed to provide a performance bond as provided in <cite data-path="|31|§38-23">§ 38-23 of this subtitle</cite>.
Any revocation under this section must be in writing from the Department and specify the reasons for the action.
A provider receiving a revocation under this section is prohibited from applying for a permit under this subtitle for 2 years from the date of the revocation.
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A provider aggrieved by a decision of the Department may appeal that decision to the Director in writing within 10 days of the Department’s decision.
The Director must issue a written decision within 30 days of receipt of the provider’s appeal.
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If a provider determines that a breach of its data system has occurred and that the breach has placed user personal information at risk, the provider must, within 48 hours of that determination, notify the Department and all current and prior users of the breach and the likely consequences of the breach.
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An e-bike or e-scooter may not be operated:
in a manner that violates applicable State or local law;
at speeds that exceeds 15 miles per hour for e-scooters and 20 miles per hour for e-bikes when propelled solely by the electric motor and without manual power;
by a person younger than 16-years of age without a helmet;
with a passenger, unless the e-bike or e-scooter is designed to carry a passenger;
without the use of a headlight or headlamp after dusk, before dawn, or when the safe operation of a vehicle requires the use of headlight or headlamp;
on a public right-of-way where bicycles are also prohibited;
on a sidewalk, unless the posted speed on the abutting public right-of-way is 30 miles per hour or greater and the speed of the e-bike or e-scooter on the sidewalk does not exceed 6 miles per hour;
while carrying a package, bundle, or other article that prevents the user from keeping both hands on the handlebars; or
while physically controlling more than one dockless vehicle.
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A dockless vehicle may not be parked on a public street or alley unless the Director has designated an area specially-designed to accommodate dockless vehicle parking.
Unless otherwise prohibited by law, rule, or regulation that specifically prohibits parking on a sidewalk, dockless vehicles may be parked:on any sidewalk; or
at designated locations as determined by the Director.
A dockless vehicle may not be parked in:a driveway without the permission of the owner of the driveway;
an area reserved for sidewalk dining;
a transit zone, including bus stops, shelters, and passenger-waiting areas, except at designated areas within a transit zone, as determined by the Director;
a loading zone;
a parking zone dedicated to accessible parking;
a manner that reduces the pedestrian zone to less than 4 feet or that otherwise prohibits the free flow of pedestrian traffic;
a manner that interferes with places of access for persons with disabilities as required by the Americans with Disabilities Act; or
a manner or location prohibited by the Director by rule or regulation.
Dockless vehicles must be parked in a standing upright position.
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A provider must educate its users in the laws, rules, and regulations applicable to the riding, operation, and parking of dockless vehicles.
As a component of the education required under this section, a provider must make visible on its dockless vehicles or publish on its mobile application, or both, the standards of operation set forth in § 38-18 and <cite data-path="|31|§38-19">§ 38-19 of this subtitle</cite> or the rules and regulations adopted under this subtitle.
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A provider may not display third party advertising on its dockless vehicles.
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A provider must:
operate a 24-hour customer service phone number for users, the general public, and City officials to report dockless vehicles that are inoperable or suspected of being operated or parked in apparent violation of the law;
remove its dockless vehicles from any public right-of-way during the hours as determined by the Director;
ensure that its dockless vehicles are parked as required by law, rule, or regulation;
remove or reposition its dockless vehicles that are parked illegally within a time determined by the Director;
ensure that its dockless vehicles adhere to applicable national safety standards;
ensure that its operations adhere to the requirements of equitable access as determined by the Director; and
comply with all other requirements established by the Director for the operation of dockless vehicles for hire.
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Providers must provide a performance bond in an amount and form specified by the Director.
The funds available from the bond required by this section shall be applied to pay for:damage to public property caused by a provider’s dockless vehicles; or
the removal and storage of a provider’s dockless vehicles that are parked illegally.
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A dockless vehicle for hire is subject to seizure if it is parked or used in violation of this subtitle.
An enforcement officer need not have a warrant in order to seize a dockless vehicle for hire in violation of this subtitle if:the enforcement officer has probable cause to believe that the dockless vehicle for hire has been parked or used in violation of this subtitle; and
a warrant is not constitutionally required under the circumstances.
Whenever an enforcement officer seizes a dockless vehicle for hire under this section, the enforcement officer may cause it to be moved to a place designated by the Department.
On the seizure of a dockless vehicle for hire under this section, the Department must promptly notify the provider of:the reason for seizure;
the location of the seized dockless vehicle for hire; and
the amount of the fees, if any, associated with the seizure.
Any dockless vehicle for hire seized under this section must be returned to its provider on payment from funds provided by the performance bond required by <cite data-path="|31|§38-23">§ 38-23 of this subtitle</cite>.
The rules and regulations adopted under this subtitle must include the administration and processes necessary to implement this section.
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In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or
a civil citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}.
The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
Each day that a violation continues is separate offense.
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