§ 12.62.080. Number of shared urban mobility devices allowed.

A.

Permitted operators' fleets shall be limited in number with separate limitations for each type or category of SUMD, such as bicycles, powered bicycles, and powered scooters. The MTLC may establish other categories of SUMDs.

B.

Each type of category of SUMD in a permitted operator's fleet shall be limited in number to five hundred for each category of shared vehicle during the first month, seven hundred fifty during the second month, and one thousand beginning in the third month of the pilot. After the third month, permitted operators may apply to the MTLC to expand beyond the cap for each type of SUMD, if they fulfill the other requirements contained in this chapter.

C.

At any time the MTLC or its staff shall allow permitted operators to increase their fleet size on a monthly basis beyond the above limitations if the permitted operators' provided data demonstrates their fleet is being used above the average utilization threshold.

D.

Each expansion or increase in fleet size shall require a determination by the MTLC or its staff that:

1.

The permitted operator has fulfilled the requirements of this chapter;

2.

The number of violations associated with the SUMDs of that operator is below a threshold to be established by the MTLC; and

3.

The type or category of SUMD in the permitted operator's current fleet to be increased is meeting or exceeding the average utilization threshold.

E.

The MTLC shall determine the average utilization threshold for SUMDs for each type of vehicle after gathering information and consulting with appropriate entities. The average utilization shall only be determined after notice and a hearing of the MTLC. Until the MTLC determines the average utilization threshold, the threshold for SUMDs shall be as follows:

1.

For scooters the average trip per scooter during the prior month shall exceed three trips per day;

2.

For electric bicycles, the average trip per bicycle during the prior month shall exceed two trips per day;

3.

For bicycles, the average trip per bicycle during the prior month shall exceed one trip per day;

F.

The MTLC may require permitted operators to reduce their fleet size on a monthly basis if permitted operators' provided data demonstrates their fleet is being used below the average utilization threshold. Reduction of a permitted user's fleet size according to this section shall only be implemented after notice and a hearing before the MTLC. The MTLC may adopt criteria for reducing fleet size.

G.

A permitted operator shall notify the MTLC if it plans to change its fleet size, within the parameters permitted above, two weeks before deployment. This notice shall include the additional program administrative fee for the expanded fleet and documentation of its updated performance bond.

H.

All permitted operators shall have systems with service areas that do not exceed three hundred forty of each type of SUMDs per square mile. The MTLC shall designate the location of the square mile locations in relation to service areas.

I.

Any permitted vendors operating systems with more than one thousand SUMDs must include Nashville Promise Zones in twenty percent or more of their service area.

(Amdt. B to Ord. BL2018-1202 § 1, 2018; Amdt. A to Ord. BL2018-1202 § 1, 2018; Ord. BL2018-1202 § 1, 2018)