5.67.070 Prohibited conduct – Enforcement and penalties.
A. It is unlawful to:
1. Own, operate, or maintain a Shared Micro-Mobility Device Business, or engage in conduct related to a Shared Micro-Mobility Device Business within the City unless that Person has first obtained: (a) a Permit issued in accordance with this chapter, and (b) a business license issued in accordance with Chapter 5.02 CVMC.
2. Display, offer, or make available for Rent any Shared Micro-Mobility Device within the City, unless that Person has first obtained (a) a Permit issued in accordance with this chapter, and (b) a business license issued in accordance with Chapter 5.02 CVMC.
3. Abandon or leave a Shared Micro-Mobility Device in the Public Right-of-Way or other public area in such a way that: (a) obstructs travel upon or blocks access to a Public Right-of-Way, (b) poses an immediate public safety hazard, or (c) disrupts or interferes with any municipal functions or services.
4. Violate any term, condition, or requirement of any Permit issued in accordance with this chapter.
5. Use, operate, ride, park, place, or locate any Shared Micro-Mobility Device in the City in violation of any federal, state, or local law or regulation, including without limitation this chapter, regulations or standards adopted pursuant to this chapter, or the California Vehicle Code.
B. It shall be unlawful for any Person to violate any provision of, or to fail to comply with any requirement of, this chapter or any regulation or Permit requirement adopted pursuant to this chapter. A violation of any provision of this chapter is an infraction and may be punishable with a citation and a minimum $100.00 fine pursuant to CVMC 1.20.010(B). Alternatively, at the sole discretion of the City Manager, a violation of any provision of this chapter may be punishable with an administrative citation pursuant to CVMC 1.41.100.
C. Any condition caused or allowed to exist in violation of any of the provisions of this chapter, or any regulation adopted hereunder, is a public nuisance and may be abated by the City as a nuisance by means of summary abatement as provided in Chapter 1.30 CVMC, restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties.
D. A Shared Micro-Mobility Device that is displayed, offered, or made available for Rent, or abandoned, in the Public Right-of-Way or a public area in violation of this chapter shall be subject to immediate impoundment by the City. The City Council may adopt impound fees by resolution, which shall reflect the City’s enforcement, investigation, storage, and impound costs. No Person shall retrieve any impounded Shared Micro-Mobility Device except upon demonstrating proper proof of Ownership of the Shared Micro-Mobility Device and payment of applicable impound fees.
E. In addition to any other grounds allowed in a Permit or at law, the City Engineer is authorized to deny a Permit application, or suspend, terminate, or revoke a Permit where an Applicant or Operator:
1. Makes a false or misleading statement, or material omission on a Permit application, during the Permit application process, or during the Program;
2. Fails to provide information requested or required by the City;
3. Operates or proposes to operate a Shared Micro-Mobility Device Business in a manner that endangers public health or safety; or
4. Fails to comply with any requirement imposed by: the provisions of this chapter; any term, condition, or standard in a Permit; or any federal, state, or local law or regulation.
Upon receipt of written notice of a Permit termination or revocation, an Operator may appeal the termination or revocation by serving a written appeal stating the basis for the appeal to the attention of the City Manager by no later than five calendar days after the date of City’s termination or revocation notice. The City Manager will issue a written decision in response to a timely appeal and such decision shall be final.
F. The remedies specified in this section are cumulative and in addition to any other remedies available under state or local law for a violation of the Chula Vista Municipal Code.
G. Nothing in this section shall be construed as requiring the City to allow, permit, authorize, or otherwise regulate Shared Micro-Mobility Device Businesses or Shared Micro-Mobility Devices, or as abridging the City’s police power with respect to enforcement concerning or related to Shared Micro-Mobility Device Businesses or Shared Micro-Mobility Devices. (Ord. 3450 § 1, 2019).