CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the Traffic Code of the Seattle Municipal Code, amending sections 11.23.150 and 11.23.160 to expand the free-floating car sharing pilot program to allow a greater number of free-floating car sharing operators and vehicles and modifying standards and requirements of the program.

WHEREAS, car sharing is a membership-based service that allows qualified drivers to temporarily use any vehicles available in a fleet on a per-use fee basis; and

WHEREAS, car sharing is intended to provide an alternative to personal vehicle ownership and complements the use of public transportation by providing an option for shorter trips or for trips to destinations not easily accessible by public transportation; and

WHEREAS, the City's Comprehensive Plan includes parking for "shared vehicles" among the curb space priorities and the City's Climate Action Plan promotes car sharing programs; and

WHEREAS, the Seattle City Council adopted legislation creating a free-floating car sharing pilot program in 2012 under Ordinance No. 124063 and authorized up to 350 permits be issued under the program; and

WHEREAS, in 2013, the City Council adopted legislation to increase of the number of permits issued under the freefloating car sharing pilot program from 350 to 500 permits under Ordinance No. 124143; and

WHEREAS, the Seattle Department of Transportation evaluated the data provided by the free-floating car sharing operator and prepared a 2013 Free Floating Car Share Report that was submitted to Council in March 2014, which documented minimal negative outcomes related to curb space use; and

WHEREAS, the City has documented that members of the freefloating car sharing program have been satisfied with the program and demand for such vehicles is high; and

WHEREAS, the City is aware that there are multiple additional operators interested in entering the Seattle market and obtaining free-floating car sharing permits, and expanding the number of operators and vehicles allows greater consumer choice; and

WHEREAS, maintaining the current cap of 500 free-floating car sharing permits would result in significant administrative challenges; and

WHEREAS, there is a public interest in ensuring free-floating car sharing operators serve the entire city; and

WHEREAS, the value of the Restricted Parking Zone permit issued as a part of the free-floating car sharing program is not fully realized in the existing permit fee; and

WHEREAS, the average price of on-street parking in areas with designated parking spaces for car sharing vehicles has increased and the cost of the permit for those spaces should reflect this increase;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 11.23.150 of the Seattle Municipal Code, last amended by Ordinance 124063, is amended as follows:

SMC 11.23.150 Car Sharing Parking Fees

A. Annual car sharing permit for dedicated spaces in locations where there is no paid on-street parking	$300/year
B. Annual car sharing permit for designated spaces in locations where there is paid on-street parking	$3,000((2,500))/year
C. Annual free-floating car sharing permit for each free-floating car sharing vehicle	$1,730((1,330))/year*

* This fee is comprised of (1) the initial paid parking fee of $ 930 (( 1,030)) per year, to be adjusted annually based on actual meter use in paid parking areas per subsection 11.23.160G; (2) an RPZ fee of $ 700 (( 200 )) per year; and (3) an administrative fee of $100 per year.

Annual free-floating car sharing permits are valid from January 1 -December 31. The Director of the Seattle Department of Transportation or his or her designee shall have the authority to prorate the price of the annual free-floating car sharing permit if a permit is issued for less than a full year. A new free-floating car sharing permit is required each calendar year for each vehicle in the free-floating car share program.

Section 2. Section 11.23.160 of the Seattle Municipal Code, last amended by Ordinance 124063, is amended as follows:

11.23.160 Free-floating car sharing parking

A. A free-floating car sharing parking program is established in order to:

1. Provide Seattle residents an alternative to personal vehicle ownership, complement the use of public transportation, and reduce personal vehicle ownership, the overall number of car trips and/or vehicle miles traveled within the City, consistent with the City of Seattle's Transportation Strategic Plan;

2. Achieve emission reduction goals through use of car sharing, as outlined by the City of Seattle's Climate Action Plan;

3. Achieve curb space priority objectives in commercial districts and residential districts, as outlined by the City of Seattle's Comprehensive Plan; and

4. Provide low-income access to transportation options.

B. In order to qualify for the free-floating car sharing program as set forth in this Section all of the following standards must be met:

1. Permittee must obtain a free-floating car sharing permit for each free-floating car sharing vehicle by paying the free-floating car sharing permit fee to the Seattle Department of Transportation (SDOT);

2. Free-floating car sharing vehicles must be parked in the Free-Floating Zone , the area in which the car must be parked at the end of each trip as stated in the permit;

3. Each free-floating car share vehicle permitted by SDOT shall display a permit and contact information, in a manner determined by SDOT;

4. Each free-floating car share vehicle must be registered , in a manner determined by SDOT, in Seattle in the (( SDOT)) free-floating car share program;

(( 5. Free-floating car sharing permits are not transferable between vehicles and are void if transferred between vehicles; ))

5 (( 6 )). Permittee shall comply with the terms of free-floating car sharing permit;

6 (( 7 )). Permittee shall utilize on-street parking within City rights-ofway in compliance with all applicable federal, state, County and City laws and regulations; (( and ))

7 (( 8 )). Permittee must demonstrate that the free-( )floating car sharing vehicles have the technical capacity to accurately track each permitted vehicle's actual meter use in paid parking areas, such as GPS or other technology, and provide regular reports to SDOT to verify such use ; and( ( . ))

8. Permittee shall establish a service area for the entire city, as determined by SDOT within their freefloating car sharing permit, within two years of the issue date of the operator's first free-floating car share permit.

C. In 2015 , SDOT may issue (( up to 500 free-floating car share permits annually )) free-floating car sharing permits to no more than four freefloating car sharing operators. In 2015, each free-floating car sharing operator may receive up to 500 free-floating car share permits, or up to 750 free-floating car sharing permits with the establishment of a service area for the entire city. For subsequent years, SDOT shall determine by Director's Rule the number of permits and operators based on data received as a part of the operator reporting requirements specified in the free-floating car sharing permit. In determining the number of permits and operators, SDOT will consider effects on reductions in personal vehicle ownership, effects on neighborhood business district customer access, whether free-floating car share is sufficiently serving low income communities, and other considerations that affect the public's use of the right of way and travel behavior.

D. SDOT can deny issuance of subsequent permits to the same permittee for either (i) Non-payment of outstanding meter usage fees by permittee pursuant to SMC 11.23.150.C (( serves as a basis for SDOT to deny issuance of subsequent permits to the same permittee)) , or (ii) Failure to maintain a service area that serves the entire city .

E. During all hours when it is otherwise lawful to park in specified parking spaces within the Free-Floating Zone, freefloating car sharing vehicles that comply with Section 11.23.160 may park in any of the following parking spaces or stalls: (1) parking spaces or stalls where the posted time limit is one hour or greater, regulated by a parking payment device without displaying a payment receipt and without regard to posted time-limits; (2) time-limited parking spaces or stalls where the posted time limit is one hour or greater , without regard to the posted time; (3) parking spaces or stalls located in any restricted parking zone (RPZ) without regard to time limits imposed on vehicles without RPZ permits; or (4) any other parking space in the public right-of-way not otherwise restricted for exclusive use.

F. Free-floating car sharing vehicles shall be prohibited from parking in the following zones or areas: 1) zones designated as bus zones; 2) car share vehicle zones, unless separately permitted ; 3) commercial vehicle load zones; 4) emergency zones; 5) food-( )vehicle zones; 6) pedestrian zones; 7) roadway construction zones; 8) school loading zones; 9) taxicab, pedicab, and other for-hire car stands; 10) tow-away zones; 11) truck load zones; 12) parking areas adjacent to parking payment device controlled with a service parking meter hood; or 13) any other zone restricted by the Traffic Engineer.

G. Free-floating car sharing vehicles shall be prohibited from parking in a parking space or stall reserved for a person with a disability, unless the member of the freefloating car sharing group utilizing the free-floating car sharing vehicle meets the criteria for special parking privileges under RCW 46.19.010 and the disabled parking permit is displayed as described in RCW 46.19.030 for the duration of the time the free-floating car sharing vehicle is parked within the parking space or stall reserved for a person with a disability.

H. Permittee must provide a report to SDOT at an address specified in the free-floating car sharing permit that provides data showing actual paid parking meter use for each freefloating car share vehicle for the preceding year. The report shall be submitted no later than January 31 of each year. In the event a free-floating car sharing operator's total actual meter use in paid parking areas during the prior permit term exceeds the total paid parking area reimbursement fees required under SMC11.23.150.C and paid for in the prior permit period, the free-floating car sharing permittee shall reimburse the City for the difference no later than February 28 of each year.

I. SDOT may establish permit conditions and limitations to address neighborhood impacts, equitable access, peak rightof-way usage, or other considerations that affect the public's use of the right of way.

Section 3. To assist with City Council's review, SDOT shall submit at least three reports to the City Council's Transportation Committee. The first report, due by September 1, 2015, will include an evaluation of: a) the RPZ program and its purposes and fees (including fees for residents, businesses, and free-floating cars) with recommendations for any program or fee changes needed to accomplish the regulatory purposes of the RPZ program, b) options for clearly communicating (through signage or other means) which car-share vehicles can park in dedicated on-street car-share spaces, and c) the possibility of adding car-sharing operations to the transportation options that use ORCA cards. The second report, due no later than March 31, 2016, will provide information on all available data through December 30, 2015. The third report, due by March 31, 2017, will provide information on all available data through December 30, 2016. The second and third reports shall include the following information: 1) the number of free-floating car sharing permits issued per vendor per year; 2) the difference between the initial paid parking area fee required in Seattle Municipal Code Section 11.23.150.C and actual meter use in paid parking areas per vendor per year; 3) descriptive data about how free-floating car sharing vehicles are used; and 4) any other information deemed pertinent by the Transportation Committee. Council will use this information to determine if any changes should be made to the Free-Floating Car Sharing program.

Section 4. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2015, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2015.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2015

______________________

Edward B. Murray, Mayor

Filed by me this ____ day of __________________________, 2015.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Mike Estey & Kiersten Grove, SDOT SDOT Free-Floating Car Sharing Code Revision ORD January 13, 2015 Version #7a