HomeMy WebLinkAboutORD-20-1408 (AMENDING TEMPORARY BAN ON SHARED MOBILITY)
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ORDINANCE NO. 20-1408
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING TITLE 10 (VEHICLES AND TRAFFIC) OF THE HERMOSA
BEACH MUNICIPAL CODE TO EXTEND THE TEMPORARY
PROHIBITION ON SHARED MOBILITY DEVICES FROM BEING:
OFFERED FOR USE ANYWHERE IN THE CITY; PLACED IN ANY
PUBLIC RIGHT-OF-WAY OR PUBLIC PROPERTY; OR OPERATED ON
ANY PUBLIC PROPERTY OR RIGHT-OF-WAY IN THE CITY.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. Recent transportation and technology innovations and community interest in new
mobility options have created a new market of both privately-owned and on-demand dockless
electric scooters and bicycles (referred to as shared on-demand personal mobility devices). While
this equipment offers a new form of low-emission transportation options, the technology has the
ability for shared equipment to be placed or left virtually anywhere in the public right-of-way, and
for both shared and privately-owned equipment to be operated by users in a manner that is
considered unsafe to the operator or other users of public spaces.
B. The sudden and unforeseen proliferation of these privately-owned and on-demand
shared mobility devices that operate in the public right-of-way, has created potential nuisance and
safety concerns that are not adequately covered by existing definitions and regulations in the
California Vehicle Code or the Hermosa Beach Municipal Code.
C. It is the belief of the City of Hermosa Beach that, based on the operation in other cities
and understanding of the current technology of active operators that adequate mechanisms are not
yet in place to prevent such nuisance conditions and ensure safe operation. Therefore, the City of
Hermosa Beach initiated amendments to the Municipal Code to temporarily prohibit the operations
of shared on-demand personal mobility devices that operate in the public right-of-way or on public
property until such time when regulations are adopted and permits are issued to address potential
nuisance conditions and safety concerns associated with scooter and bikeshare equipment.
The Hermosa Beach City Council properly reviewed and considered this matter on April 14, 2020.
Public Notice of the hearing was published on April 2, 2020.
SECTION 2. Chapter 10.44 of Title 10 of the Hermosa Beach Municipal Code is amended
to read as follows:
Chapter 10.44 – Shared On-Demand Personal Mobility Devices
10.44.010 – Purpose.
The purpose of this chapter is to prohibit Shared On-Demand Personal Mobility Devices from being
placed in the public right-of-way or on public property, operated in the public right-of-way, or
offered for use anywhere in the City until such regulations may be adopted so as to address potential
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nuisance conditions and safety concerns related to the operation of Shared On-Demand Personal
Mobility Devices.
10.44.020 – Definitions.
a) “Shared On-Demand Personal Mobility Devices” shall mean any wheeled device that has
handlebars, and is designed to be either powered by an electric motor or other power source, or to
be powered by human propulsion, that is accessed via an on-demand portal, whether through a
smart-phone, access code, I.D. card, or similar method, and is operated by a public, private , or
non-profit entity that owns, manages, maintains and insures devices for shared use by members,
which are available to members in unstaffed, self-service locations.
b) “Shared On-Demand Personal Mobility Device Operator” (“Operator”) shall mean an
individual or a public, private, or non-profit entity that manages Shared On-Demand Personal
Mobility Devices.
10.44.030 – General Requirements
It is unlawful to provide, place, offer for use or operate a Shared On-Demand Personal Mobility
Device, or to operate as a Shared On-Demand Personal Mobility Device Operator in any street or
public right of way, or other public place within the City in which the public has the right of travel.
a) Any Enforcement Officer, as that term is defined in HBMC Section 1.10., is hereby authorized
to impound the Shared On-Demand Personal Mobility Devices of any person or Shared On-Demand
Personal Mobility Device Operator violating the provisions of this chapter Equipment shall be
subject to an impound fee established by City Council resolution.
b) The City Manager may promulgate regulations for the notification to the Operator and return
of the Devices to the Operator and as may otherwise be necessary to implement the purpose of this
chapter.
10.44.040 – Violations.
A violation of this chapter is subject to the administrative penalty provisions of Chapter 1.10 of this
code. Where the violation is of a continuing nature, each day or portion thereof wherein the violation
continues constitutes a separate and distinct violation. It is a violation of this chapter to knowingly
make a false statement in any application for a license or permit or in any report required under this
chapter.
10.44.050 – Applicability of Traffic Regulations, Beach and Strand Regulations.
Every person riding a shared on-demand personal mobility device in the City shall be subject to all
of the applicable duties of the driver of a vehicle by Title 10, Vehicles and Traffic, Chapter 10.12
Traffic Rules, and the operator of wheeled devices by Title 12, Street, Sidewalks and Public Places,
Chapter 12.20 sections 12.20.220 and 12.20.230.
10.44.060. Sunset Clause
This chapter shall expire on November 28, 2020 unless otherwise extended or changed by an act of
the Hermosa Beach City Council.
SECTION 3. The City Clerk is directed to fill in the effective date in this ordinance for
Section 10.44.060 above.
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SECTION 4. The City Clerk shall certify to the passage of this Ordinance, shall enter the
same in the book of original ordinances of said city, and shall make minutes of the passage and
adoption thereof in the records of the proceedings of the City Council at which the same is passed
and adopted.
SECTION 5. The City Council designated the City Attorney to prepare a summary of this
ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full text
of said ordinance. The City Clerk caused said summary to be published on April 23, 2020 [five (5)
days before the adoption of the ordinance] in The Easy Reader, a weekly adjudicated newspaper of
general circulation, published and circulated in Hermosa Beach. Prior to the expiration of fifteen
(15) days after the date of adoption of the ordinance, the City Clerk shall cause the summary to be
re-published in The Easy Reader.
SECTION 6. The City Clerk shall certify to the passage of this Ordinance, shall enter the
same in the book of original ordinances of said city, and shall make minutes of the passage and
adoption thereof in the records of the proceedings of the City Council at which the same is passed
and adopted.
SECTION 7. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
PASSED, APPROVED and ADOPTED this 28th day of April, 2020 by the following
vote:
AYES: Councilmembers Armato, Detoy, Fangary, Mayor Pro Tem Massey, and
Mayor Campbell
NOES: None
ABSENT: None
ABSTAIN: None
_________________________________________________________________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
____________________________________ ____________________________________
Eduardo Sarmiento - City Clerk Michael Jenkins - City Attorney
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