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AN ORDINANCE AMENDING TITLE VIII ENTITLED “BUSINESSES AND OCCUPATIONS” OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO CREATE NEW CHAPTER 8:42 REGARDING LICENSING OF DOCKLESS VEHICLES USED FOR COMMERCIAL E-DELIVERIES IN ORDER TO PROMOTE IMPROVED SIDEWALK AND STREET SAFETY IN THE CITY OF NEWARK’S PUBLIC RIGHT-OF WAY.
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WHEREAS, within the City of Newark, there is a proliferation of e-commerce orders from online delivery websites, which has led to many commercial e-delivery drivers throughout Newark; and
WHEREAS, there is currently no registration or regulation of dockless vehicles used for commercial e-deliveries, and many of the drivers of these vehicles are likely unaware of the City’s current laws that are relevant to them; and
WHEREAS, there have been many safety concerns, particularly with these commercial e-delivery drivers creating hazards on the sidewalks, at intersections and in the streets; and
WHEREAS, to bolster sidewalk and street safety throughout the City of Newark, the Municipal Council wishes to create a licensing process to educate commercial e-delivery drivers and aid in enforcement of the current laws regarding electric and motorized e-delivery vehicles not otherwise required to be registered with the NJMVC; and
WHEREAS, the Municipal Council believes that safe riding begins with the person operating the vehicle being accountable for safe riding and to help achieve this, the proposed ordinance is structured around three main principles: Registration, Education, and Visibility; and
WHEREAS, the Municipal Council also believes that working together with the commercial delivery services and businesses who contract or employ e-delivery drivers is critical to creating a safer environment for drivers and the broader Newark Community; and
WHEREAS, the Municipal Council wants to ensure easy access to these licenses and eliminate any language or literacy barriers from this process so the information and test materials will be provided in English and Spanish and translation will be offered for other languages as requested and reading assistance will be allowed or offered as needed; and
WHEREAS, the materials will contain information about the laws that apply to riding electric and motorized vehicles in Newark; and
WHEREAS, the City will work with the commercial delivery services and local business owners to get out the message of safe food delivery through an educational campaign via social media and personal meetings; and
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
SECTION 1. Title VIII Businesses and Occupations of the Revised General Ordinances of the City of Newark, New Jersey 2000 shall be amended and supplemented by adding a new chapter 8:42 Registration of Dockless Vehicles used for Commercial E-deliveries.
8:42-1 Purpose.
a. This chapter is enacted to create a licensing process to educate commercial e-delivery drivers and aid in enforcement of the current laws regarding electric and motorized e-delivery vehicles not otherwise required to be registered with the NJMVC.
8:42-2 Definitions.
ADMINISTRATOR
Refers to the Director of Public Safety.
COMPLIANCE OFFICER
Means Law Enforcement personnel designated by the Director of the Department of Public Safety.
DOCKLESS VEHICLE
Means a dockless electric bicycle, dockless electric scooter, dockless non-electric bicycle and a dockless non-electric scooter, or any hybrid thereof, approved by the Administrator that are used commercially in the City's public rights-of-way to deliver food or goods. The term "Dockless Vehicle" does not include a motor vehicle, motorcycle, low-speed vehicle, or a motor-driven cycle.
E-DELIVERY DRIVER
Any person that commercially operates a Dockless Vehicle to deliver or pick up food or goods.
E-BICYCLE or ELECTRIC BICYCLE
Means a device designed and equipped with: (i) an electric motor for assisted or self-propulsion; (ii) two (2) tandem wheels; and (iii) a locking device to either lock itself or lock to existing structures. It does not include a motorcycle, motor scooter or other form of motor vehicle.
E-SCOOTER or ELECTRIC SCOOTER
Means a device designed and equipped with: (i) an electric motor for self-propulsion; (ii) two (2) wheels below a platform on which a User can stand upright to operate and control the vehicle; and (iii) a locking device to either lock itself or lock to existing structures. It does not include a motor scooter or other form of motor vehicle.
RIGHT-OF-WAY
Shall mean and includes highways, roads, avenues, boulevards, courts, public lanes, alleys, sidewalks, footpaths and all other public highways for vehicular or pedestrian travel within the City of Newark's control.
8:42-3 Registration required for certain e-delivery drivers.
a. Individuals who utilize certain electronic or motorized bicycles or scooters to perform commercial deliveries or pick-ups within the City of Newark must be registered and receive a license from the City of Newark.
8:42-4 Application process and requirements for e-delivery registration.
a. Applicants who wish to perform commercial deliveries utilizing dockless vehicles in the City of Newark must register and receive a license from the Division of Tax Abatement and Special Tax. This does not apply to any vehicles that are required to be licensed and/or registered with New Jersey Motor Vehicles Commission,
b. Applicants must obtain an application with the Division of Tax Abatement and Special Tax. Applications will include contact information as well as a list of businesses and/or service providers the applicant is providing commercial delivery services for.
c. Applicants must pay a $75 licensing fee per year to the Division of Tax Abatement and Special Tax.
d. After the application is submitted:
1. NPD will provide applicants with informational materials which include the local law and policies relevant to the safe operation of dockless vehicles used for commercial delivery in Newark.
2. Licenses will be valid for a period of two (2) years from issuance and must be renewed with the Division of Tax Abatement and Special Tax.
8:42-5 Rules and Regulations.
a. E-Delivery drivers must comply with all applicable State laws, including but not limited to N.J.S.A. 39:4-14.16.
b. E-Delivery drivers must comply with all applicable municipal ordinances, including but not limited to Title XXIX Streets and Sidewalks and Title XXIII Traffic.
c. Obedience to traffic control devices.
1. Any person operating a dockless vehicle shall obey the instructions of official traffic control signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer.
2. Whenever authorized signs are erected indicating that a turning movement is restricted no person operating a dockless vehicle shall disobey the direction of any such sign, except where that person dismounts from the dockless vehicle to make the turn, in which event such person shall then obey the regulations applicable to pedestrians.
3. No person shall ride or operate a dockless vehicle in any direction except that permitted of vehicular traffic traveling on the same side of the roadway.
4. Any person operating a dockless vehicle shall stop for pedestrians in crosswalks.
d. Riding on roadways and bicycle paths generally.
1. Every person operating a dockless vehicle upon a roadway shall ride as near to the right hand side of the roadway as practicable, exercising due care when passing a standing vehicle or a vehicle proceeding in the same direction, unless an exclusive bicycle lane is provided.
2. Persons riding a dockless vehicle upon a roadway shall not ride more than two abreast except on paths of parts of roadways set aside for the exclusive use of bicycles.
3. Telephone Use Prohibited. No person shall use a wireless telephone or electronic communication device while operating a low -speed electric bicycle or low -speed electric scooter except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation and the operator exercises a high degree of caution.
4. Whenever a bicycle lane has been established on a roadway, any person operating a dockless vehicle upon the roadway at a speed less than the normal speed of traffic moving in the same direction shall ride within the bicycle lane, except that such a person may move out of the lane under any of the following situations:
(a) Whenever overtaking or passing another dockless vehicle, vehicle, or pedestrian within the lane or about to enter the lane if such overtaking and passing cannot be done safely within the lane.
(b) When preparing for a turn at an intersection or into a private road or driveway.
(c) When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.
5. Speed restrictions. No person shall operate a dockless vehicle at a speed greater than is reasonable and prudent under the condition then existing provided it does not exceed 20 miles per hour.
6. Yielding right-of-way from a bicycle path. Every person operating an electric scooter on a bike path that is about to enter or cross a roadway shall yield the right-of-way to all traffic on such roadway.
7. Dockless vehicles emerging from alleys or driveways; yielding right-of-way. The operator of a dockless vehicle emerging from an alleyway, driveway, or building shall, upon approaching a sidewalk area extending across any alleyway or driveway, yield the right-of- way to all pedestrians or bicyclists approaching on the sidewalk or sidewalk area. Upon entering the roadway, the user shall yield the right-of-way to all vehicles approaching on the roadway.
8. Riding on sidewalks.
(a) No e-delivery driver shall ride a dockless vehicle upon a sidewalk.
(b) Any e-delivery driver traveling on the sidewalk with a dockless vehicle shall dismount before entering the sidewalk throughway and walk the dockless vehicle along the sidewalk.
(c) No e-delivery driver shall start or stop a dockless vehicle trip on the sidewalk.
9. No e-delivery driver operating a dockless vehicle shall carry any package, bundle, or article, which prevents the user from keeping both hands upon the handlebars.
10. Lamps and equipment on dockless vehicles of e-delivery drivers.
(a) Dockless vehicles in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front with a lamp emitting a red light visible from a distance of 500 feet to the rear.
(b) A dockless vehicle shall not be equipped with, nor shall any person use, any siren or whistle upon a dockless vehicle.
(c) Dockless vehicles shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.
(d) Dockless vehicles shall be equipped with a bell or other audible signal for the purposes of overtaking and passing any pedestrians, bicycles, or other dockless vehicles.
(e) Dockless vehicles shall be equipped with a kickstand to prevent them from toppling over when parked.
8:42-6 Requirements for maintenance of e-delivery license.
E-delivery licensees must wear high visibility vest and carry their license on their person at all times as prescribed by the Compliance Officer when picking up and making deliveries in the City of Newark.
8:42-7 Administration.
This Section shall be administered by the Director of the Department of Public Safety or his/her designee. The Director may make such administrative policies and procedures as necessary to effectuate the intent and purpose of the herein ordinance, including preparing the application form, renewal form, and creating the informational handout and for applicants in coordination with the Newark Police Division.
8:42-8 Enforcement.
Provisions of this section may be enforced by the Newark Police Division and the Division of Tax Abatement and Special Taxes.
The Newark Police Division and Division of Tax Abatement and Special Taxes are authorized to exercise discretion in the enforcement of this section. In doing so, the enforcing officer shall consider factors such as the nature and severity of the violation, the circumstances surrounding the violation, the violator' s history of compliance, and the impact on public safety.
8:42-9 Violations and Penalties.
Violations of this Section shall be enforced by the Department Public Safety and adjudicated by the Municipal Court of the City of Newark.
a. Monetary penalties shall be in accordance with N.J.S.A. 40:49-5.
b. Except as detailed in Subsection C below, in the event that any individual violates the terms of this article, he/she shall be subject to a fine in the Municipal Court of the City of Newark in an amount of $100.
c. If the offense is for violating any general ordinance of the City of Newark, New Jersey, 2000, as amended and supplemented, the penalty for the first offense shall be $100; the penalty for the second offense shall be $200; the penalty for the third offense shall be $500.
d. If a commercial e-delivery driver accrues three (3) offenses, notice will be provided to the originating delivery company.
e. The City of Newark reserves the right to revoke any license for violations and/or noncompliance with this ordinance.
8:42-10 FORFEITURE
a. A law enforcement officer may remove the e-delivery driver’s dockless vehicle and effect forfeiture if:
1. The identity of the operator of the dockless vehicle is unknown to the officer;
2. The operator of the dockless vehicle has violated any provision of this chapter;
3. The dockless vehicle was involved in an accident causing serious injury or death.
4. The operator of the dockless vehicle has accrued three (3) offenses.
5. Property that has been forfeited shall be destroyed if it can serve no lawful purpose or if it presents a danger to the public health, safety, or welfare.
6. All forfeited property or any proceeds resulting from the forfeiture shall become the property of the entity funding the prosecuting agency involved and shall be disposed of, distributed, appropriated, and used in accordance with the provisions of this Chapter.
SECTION 2: Any prior ordinances or parts thereof inconsistent herewith shall be amended and supplemented to conform to the provisions contained herein.
SECTION 3: If any part of this ordinance is declared unconstitutional or illegal, the remaining provisions shall not be affected and shall continue in full force and effect.
SECTION 4: This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey. This Ordinance shall take effect upon passage.
SECTION 5. Codification. This Ordinance shall be a part of the Code of the City of Newark as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Newark in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.
STATEMENT
This Ordinance amends and supplements Title VIII, entitled “Businesses and Occupations” of the Revised General Ordinances of the City of Newark, New Jersey, 2000, by creating a new chapter establishing a license requirement for e-delivery drivers operating in the City of Newark’s public right-of-way.