Chapter 19.29
REGULATION OF PERSONAL DELIVERY DEVICES
Sections:
19.29.010 Purpose.
19.29.020 Defined terms.
19.29.030 Basic requirements of operation.
19.29.040 Limited initial authorization.
19.29.050 Right-of-way restrictions.
19.29.060 Package delivery restrictions.
19.29.070 Americans with Disabilities Act (ADA) accommodations.
19.29.080 PDD reports.
19.29.090 Additional performance standards.
19.29.100 City response to incidents.
19.29.110 City reserves right to revoke permission.
19.29.010 Purpose.
The purpose of this chapter is to establish local regulations for the operation of personal delivery devices by private entities in and on all public rights-of-way within the corporate limits of the city of Kirkland, as authorized by RCW 46.75.020(1). (Ord. 4826 § 1, 2023)
19.29.020 Defined terms.
(a) “City” means the city of Kirkland, Washington, a municipal corporation.
(b) “Cross Kirkland Corridor” means the portion of the Eastrail regional rails-to-trails corridor that is owned by the city in fee simple.
(c) “Delivery route” means a complete round trip from and to a dispenser during which a PDD may make one or more delivery stops.
(d) Director. The “director” shall be the city’s director of public works, or the director’s designee.
(e) “Dispenser” means a physical structure permitted by the city used by the eligible entity for the storage, electrical recharging, package loading, and/or minor maintenance of PDDs.
(f) “Eligible entity” means a corporation, partnership, association, firm, sole proprietorship, or other entity engaging in business.
(g) “Greenway” means a designated and completed transportation segment that promotes higher volumes of walking and biking and encourages or causes lower volumes and speed of motorized vehicles. Greenways feature special signage, and pedestrian and bicycle amenities.
(h) “Personal delivery device” or “PDD” means an electrically powered device to which all of the following apply:
(1) The device is intended primarily to transport property on sidewalks and crosswalks;
(2) The device weighs less than one hundred twenty pounds, excluding any property being carried on the device;
(3) The device will operate at a maximum speed of six miles per hour; and
(4) The device is equipped with automatic driving technology, including software and hardware, enabling the operation of the device, with the support and supervision of a remote personal delivery device operator.
(i) “Personal delivery device right-of-way use permit” (“PDD use permit”) means the permit required under this chapter for use of the city’s designated rights-of-way by personal delivery devices.
(j) “Pilot project” means a limited term period during which an eligible entity may operate in the city for the city to evaluate the performance of the eligible entity’s equipment, services, interactions with the public, compliance with applicable rules and regulations, and achievement of identified goals.
(k) “Pilot project areas” means the defined area or areas in the city, as determined by the city with input from the eligible entity, where the eligible entity may conduct its pilot project. (Ord. 4826 § 1, 2023)
19.29.030 Basic requirements of operation.
Before the operation of any PDD shall occur within the city, all of the following provisions of this section must be provided to the city and evaluated by the director. These materials shall be required before the commencement of a pilot project and shall be provided, if ongoing permission is granted by the city, on an annual basis.
(a) Application Materials.
(1) An application form and indemnification agreement as provided by the city.
(2) Proof of having obtained a city business license.
(3) Proof of insurance in an amount and form acceptable to the city. This shall include a certified copy or original of a comprehensive liability insurance policy naming the city as an additional insured. Such insurance policy shall be maintained and in full force as a condition of ongoing PDD operations. Such insurance shall contain or be endorsed to reflect that the applicant’s insurance coverage is primary with respect to the city. Any additional insurance, self-insurance, or self-insured pool coverage maintained by the city shall be excess of the applicant’s insurance and shall not contribute with it.
(4) A copy of the Washington State Department of Licensing self-certification form as described in RCW 46.75.030.
(5) The sworn affidavit described in subsection (d) of this section.
(6) Identification of the sites from which PDDs will begin and conclude their delivery routes; city staff will verify the sites for that proposed activity comply with KZC 115.106.
(7) A list providing the identifying numbers for each PDD used within the city.
(8) If the eligible entity has successfully completed a pilot project, then the eligible entity must provide a list of any incidents or traffic infractions, as identified in RCW 46.75.030(5).
(9) Proof that the eligible entity has cyber security programs and protocols in place such that the information they receive from customers for deliveries is protected; and that operation and control of the PDDs cannot be accessed or interfered with in any manner by anyone other than the eligible entity.
(10) An application fee in the amount set forth by the director before commencement of the pilot period; and, if approved to operate on an ongoing basis, annually thereafter.
(b) All PDDs operating within the city, in addition to meeting the requirements of Chapter 46.75 RCW, shall meet the following requirements:
(1) The operational requirements of KZC 115.106 on private property.
(2) The sound requirements of Section 19.29.070(c).
(3) The signal activation requirements of Section 19.29.050(e).
(4) Each PDD shall have identified on the outside of the PDD, in clearly legible typeface, the telephone number and email address for contacting the city about customer service issues concerning the operation of the PDD, or compliance or noncompliance with the provisions of this chapter. The city shall maintain these records of operational concerns filed by telephone or email.
(c) Annual Fee. Each eligible entity shall pay the city an annual personal delivery device right-of-way use fee (“annual fee”) in an amount determined by the director. The annual fee shall be assessed per PDD and shall be paid at the initial issuance of a PDD use permit and annually on the anniversary date of the PDD use permit.
(d) Reasonable Expectation of Privacy. Each eligible entity shall provide to the city prior to the issuance of a PDD use permit a sworn affidavit from an authorized representative that the eligible entity shall respect all residents’ reasonable expectations of privacy, and shall not gather or store any data beyond what is necessary for navigation and/or delivery related to PDD deliveries. By way of illustration and not limitation, “data” shall mean geospatial information, facial recognition data, photos, purchasing history, demographic data, or any other data.
(e) Indemnification. An eligible entity must provide the city with a written indemnification agreement that provides, at a minimum, the eligible entity’s agreement to indemnify, defend, and hold the city harmless from any and all claims or causes of action for injury to persons or property resulting from the eligible entity’s operation of PDDs within the city, including injuries to persons and property, both real and personal, and including injuries to both public and private properties. This agreement shall be in a form approved by the city.
(f) If all provisions above have been met to the city’s satisfaction, then a PDD use permit may be issued by the director, as set forth in Section 19.29.040. The terminable right-of-way use permit may have conditions attached to it. (Ord. 4826 § 1, 2023)
19.29.040 Limited initial authorization.
(a) After an eligible entity has obtained the necessary approvals required in Section 19.29.030, it may operate on designated portions of the city’s rights-of-way as a pilot project for a period of six months from the date of issuance of the PDD use permit. At the end of the pilot project, the eligible entity must cease operations and the performance of the eligible entity during the pilot project shall be reviewed by the director.
(b) The city, with input from the eligible entity, may establish up to four pilot project areas in which the PDDs may operate during the pilot project. Each pilot project area shall not be greater than five percent of the land area of the city, shall be differentiated from each other in terms of land uses and street types, and shall not be contiguous.
(c) No more than one dispenser shall be permitted in each pilot project area.
(d) During the pilot project, PDD hours of operation shall be nine a.m. to eight p.m.
(e) The provisions of Section 19.29.080(a) shall apply during the pilot project.
(f) The PDD use permit shall be revokable for noncompliance with these regulations, the degree of intervention that has been required by the police department or other city departments, frequency of complaints, and/or serious safety concerns that arise, as determined by the director. The director shall consult with other city departments as determined.
(g) At the conclusion of the pilot project, the director shall review the performance of the eligible entity during the pilot project based upon, but not limited to, the following factors:
(1) The quantity and nature of complaints received by the city.
(2) The quantity and nature of interventions required by city departments.
(3) The quantity and nature of accidents involving a PDD.
(4) The quantity and type of infractions issued related to PDD operation.
(5) An evaluation of the data required in Section 19.29.080.
(h) Based upon the outcome of the director’s review under this section, an eligible entity may apply for an annual permit, as provided in Section 19.29.030. The director shall issue a written determination that includes explanatory support. (Ord. 4826 § 1, 2023)
19.29.050 Right-of-way restrictions.
Any operation of a PDD shall have the following restrictions on or in the rights-of-way or other city property:
(a) A PDD may not operate on the shoulders of rights-of-way.
(b) A PDD may not operate on a designated and established greenway.
(c) A PDD may not operate on the Cross Kirkland Corridor.
(d) A PDD may not operate on a school walk and/or bike route designated by the Lake Washington School District located within the city, within thirty minutes prior to the school start time, or the thirty minutes following the school end time when such schools are in session.
(e) A PDD may not operate in a controlled intersection or in a crosswalk improved with rectangular rapid flashing beacons unless the PDD is able to activate both a pedestrian walk signal and rectangular rapidly flashing beacon signal and unless proper equipment is installed to receive the activation. It shall be the financial responsibility of the eligible entity to cause all related technology to be installed.
(f) All PDDs must adhere to Chapter 46.61 RCW, Rules of the Road.
(g) No dispenser shall be located on right-of-way or on city-owned property. (Ord. 4826 § 1, 2023)
19.29.060 Package delivery restrictions.
Any operation of a PDD shall be prohibited from transporting or delivering the following:
(a) Beer, wine, spirits, or other consumable alcohol.
(b) Prescription drugs.
(c) Marijuana or marijuana-related products.
(d) Fireworks.
(e) Products regulated by the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Ord. 4826 § 1, 2023)
19.29.070 Americans with Disabilities Act (ADA) accommodations.
To address the federal requirement that people with disabilities have accessibility to civic life, and so that people with disabilities do not encounter prolonged inconvenience or risk personal harm or property damage because of the operation of PDDs on the public rights-of-way, the following are required for any operation of PDDs:
(a) A PDD may not operate on a sidewalk or other right-of-way that is narrower than five feet.
(b) When a PDD is operating outside a dispenser, regardless of the time of day, the PDD shall operate with lights on the front, rear, and sides of the PDD.
(c) PDDs shall be equipped with technology that detects when a person is within twenty-five feet of the PDD. When the PDD is within twenty-five feet of a person:
(1) It shall activate a signal or bell that warns the person of the PDD’s proximity.
(2) It must move to the right side of the right-of-way in the direction of travel within five seconds.
(3) If the PDD is on an ADA ramp, it must vacate the ADA ramp within five seconds.
(d) If state or federal law require stricter standards than those provided in this section, they shall control. (Ord. 4826 § 1, 2023)
19.29.080 PDD reports.
To assess the quantity of PDD deliveries in the city, the following data shall be collected and reported:
(a) At the conclusion of the pilot project period, the eligible entity shall provide a report to the city that documents the following:
(1) The total number of PDD delivery round trips made in each pilot project area during the pilot project, the total number of individual deliveries made by the PDDs during the pilot project, and the total number of miles traveled per week for all PDDs in each pilot project area.
(2) The total number of aborted/unsuccessful deliveries per week for each pilot project area during the pilot project.
(3) The number of PDD equipment failures.
(4) The number of accidents in which a PDD was involved.
(b) Should the eligible entity obtain an annual permit, then the eligible entity shall provide the data identified in subsections (a)(1) through (4) of this section annually.
(c) The director may determine annual reporting is no longer required, or reporting is required on a less frequent basis. (Ord. 4826 § 1, 2023)
19.29.090 Additional performance standards.
In addition to other performance standards identified in this chapter, the following standards and requirements shall apply to any operation of a PDD:
(a) In the event a PDD becomes unable to move or move safely, has become damaged, or has been relocated contrary to its intended delivery route, the eligible entity shall cause a person(s) employed by the eligible entity to remove or retrieve such PDD within thirty minutes of being made aware of the circumstance. In the event of an emergency, or in the event a PDD is not removed or retrieved in a timely manner as set forth in this section, then the city shall have authority to remove or retrieve the PDD itself and recover costs pursuant to Section 19.29.100.
(b) Whenever practicable, PDDs must move off the right-of-way and wait in private driveways or on other nonpublic property until the delivery item(s) have been retrieved by the customer.
(c) The eligible entity shall be responsible for complying with all applicable nondiscrimination laws and regulations.
(d) The eligible entity shall develop and enforce policies to ensure safe operation of all PDDs that meet or exceed all applicable industry, state, and federal standards.
(e) The eligible entity and the city shall advertise complaint lines that are accessible by telephone or email. The lines shall be directed to the city, and the city shall maintain the records of such complaints, which shall identify the quantity, date and time, nature, resolution, and time to resolve the complaints received. These data shall be used at the conclusion of the pilot program as provided in Section 19.29.040(g)(1), or as a factor or the cause for invoking the provisions of Section 19.29.110. (Ord. 4826 § 1, 2023)
19.29.100 City response to incidents.
In the event the city, including but not limited to employees of the city fire department and the city police department, is required to remove or retrieve one or more PDDs, the city shall assess the eligible entity one thousand five hundred dollars per occurrence, or the actual costs if they are greater than one thousand five hundred dollars per occurrence. (Ord. 4826 § 1, 2023)
19.29.110 City reserves right to revoke permission.
Whether during a pilot project or while operating on an ongoing basis, the city reserves the right to revoke the eligible entity’s permission to operate on or in the rights-of-way at any time for any violation of this chapter or any other violation of law. (Ord. 4826 § 1, 2023)