Nevada § 484A.469 - Local authority may regulate operation of electric scooters and scooter-share program; requirements for and limitations on scooter-share program

§ 484A.469. Local authority may regulate operation of electric scooters and scooter-share program; requirements for and limitations on scooter-share program

1. A local authority may adopt, to protect the health and safety of the public, an

ordinance which regulates the time, place and manner of operation of electric scooters

in the jurisdiction of the local authority in a manner that is generally consistent

with such regulation of bicycles and electric bicycles and which may, without limitation: (a) Prohibit the use of an electric scooter in a specified area or areas of the jurisdiction;

or (b) Establish a speed limit for electric scooters operating on sidewalks in the jurisdiction. 2. A local authority may by ordinance regulate the operation of a scooter-share program

in the jurisdiction of the local authority as provided in this section. 3. An ordinance enacted pursuant to subsection 2 may: (a) Require a scooter-share operator to pay a reasonable fee for the privilege of

operating a scooter-share program, provided that such fee does not exceed the cost

to the local authority for regulating the scooter-share program. (b) Require a scooter-share operator to indemnify the local authority against claims,

losses, liabilities, damages, costs and attorney's fees arising out of any negligent

act, error, omission or willful misconduct by a scooter-share operator or its officers

or employees, except for those claims, losses, liabilities, damages, costs and attorney's

fees which arise out of the negligence or willful misconduct of the local authority. (c) Except as otherwise provided in subsection 1, designate locations where a scooter-share

operator may not stage shared scooters, provided that at least one such staging location

must be allowed on each side of each city block in any commercial zone or business

district in the jurisdiction of the local authority where use of electric scooters

is allowed, provided that such a staging location does not impede the normal and reasonable

movement of pedestrians at the location. (d) Except as otherwise provided in subsection 5, enact or identify moving or parking

violations specific to shared scooters and assessing penalties for such violations,

provided that such penalties do not exceed those imposed, if any, for similar violations

by the rider of a bicycle. (e) Require a scooter-share operator to provide to the local authority trip data for

all trips starting or ending in the jurisdiction of the local authority on each shared

scooter of the scooter-share operator or any person or company controlled by, controlling

or under common control with the scooter-share operator. To ensure privacy, such trip data must be: (1) Provided via an application programming interface, subject to the scooter-share

operator's license agreement for the interface; (2) Subject to a publicly available privacy policy of the local authority or a designee

of the local authority, disclosing what data is collected and how the data is used

or shared with third parties; (3) Safely and securely stored by the local authority, which must implement reasonable

administrative, physical and technical safeguards to protect, secure and, if applicable,

encrypt or otherwise limit access to the data; (4) Except as otherwise provided in subparagraphs (5) and (6), treated by the local

authority as personal, proprietary business information and trade secret of the scooter-share

operator, exempt from public disclosure pursuant to any public records request, deemed

confidential and not a public record for the purposes of chapter 239 of NRS and not considered property of the local authority; (5) Shared with law enforcement agencies only pursuant to valid legal process; and (6) Shared with third parties only with the consent of the scooter-share operator,

except that, for the purposes of subparagraph (1), the local authority may, upon a

showing of legitimate necessity, designate a third party to receive trip data from

the scooter-share operator if the third party is in privity with the local authority

and agrees to the requirements of this section. 4. An ordinance enacted pursuant to subsection 2 may not, except as required to protect

the health and safety of the public as provided in subsection 1, subject customers

of a scooter-share program to requirements more restrictive than those applicable

to riders of bicycles or electric bicycles, except those requirements which by their

nature only apply to electric scooters. 5. An ordinance enacted pursuant to subsection 2 must: (a) Prohibit a scooter-share operator from knowingly allowing a person who is under

16 years of age to operate a shared scooter. (b) Prohibit a person from knowingly allowing a person who is under the age of 16

to operate a shared scooter. (c) Provide that a violation of paragraph (a) or (b) is: (1) Not a misdemeanor; and (2) Punishable by the imposition of a civil penalty of $250. (d) Require a scooter-share operator to maintain insurance coverage that must include,

without limitation: (1) Commercial general liability insurance in an amount of not less than $1,000,000

for each occurrence and $5,000,000 in the aggregate; (2) Motor vehicle insurance with a combined single limit of not less than $1,000,000; (3) Umbrella or excess liability coverage with a limit of not less than $5,000,000

for each occurrence and $5,000,000 in the aggregate; and (4) If the scooter-share operator has employees, industrial insurance as required

pursuant to chapters 616A to 617, inclusive, of NRS. 6. As used in this section: (a) “ Scooter-share operator ” means a person offering shared scooters for hire through a scooter-share program. (b) “ Scooter-share program ” means the offering of shared scooters for hire. (c) “ Shared scooter ” means an electric scooter offered for hire as part of a scooter-share program. (d) “ Trip data ” means any data elements related to the use of a shared scooter by a customer of

a scooter-share program, including, without limitation, route data, GPS information

and timestamps.