HomeMy WebLinkAboutORD NO. 18-1387 (SHARED MOBILITY DEVICES)1
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ORDINANCE NO. 18-1387
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING TITLE 10 (VEHICLES AND TRAFFIC) OF THE HERMOSA
BEACH MUNICIPAL CODE TO TEMPORARILY PROHIBIT 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; AND AMENDING TITLE 12 (BEACH AND
STRAND REGULATIONS) TO FURTHER CLARIFY REGULATIONS ON
THE USE OF WHEELED DEVICES ON THE STRAND WALKWAY
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFO
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 has 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
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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 August 28,
2018. Public Notice of the hearing was published on August 16, 2018.
SECTION 2. Section 1.10.040 of Chapter 1.10 of Title 1 of the Hermosa Beach Municipal
Code is amended to add the following Chapter to the numerical list of chapters and sections that are
subject to the administrative penalty provisions of this chapter:
Chapter 10.44, Shared On -Demand Personal Mobility Devices;
SECTION 3. Section 10.04.010 of Chapter 10.04 of Title 10 of the Hermosa Beach
Municipal Code is amended to add definitions consistent with the California Vehicle Code for
"electric bicycle", "motorized bicycle", "moped", and "motorized scooter" to read as follows:
Chapter 10.04 — General Provisions
10.04.010 — Definitions.
"electric bicycle" is a bicycle equipped with fully operable pedals and an electric motor of
less than 750 watts.
(1) A "class 1 electric bicycle," or "low -speed pedal -assisted electric bicycle," is a
bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that
ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(2) A "class 2 electric bicycle," or "low -speed throttle -assisted electric bicycle," is a
bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not
capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
(3) A "class 3 electric bicycle," or "speed pedal -assisted electric bicycle," is a
bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that
ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped
with a speedometer.
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"motorized bicycle" or "moped" is a two -wheeled or three -wheeled device having fully
operative pedals for propulsion by human power, or having no pedals if powered solely by electrical
energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower
and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on
level ground.
"motorized scooter" means a two- or three -wheeled device that has handlebars and a
floorboard designed to be stood upon when riding, and is powered by a motor.
"scooter" means a two- or three -wheeled device that has handlebars and a floorboard
designed to be stood upon when riding.
SECTION 4. A new Chapter 10.44 is added to the Title 10 of the Hermosa Beach Municipal
Code 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 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.
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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
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This chapter shall expire one year from October 17, 2018 unless otherwise extended or
changed by an act of the Hermosa Beach City Council.
SECTION 5. Sections 12.20.220 and 12.20.230 of Chapter 12.20 Beach and Strand
Regulations of Title 12 of the Hermosa Beach Municipal Code are amended to clarify regulations
on the use of wheeled devices on the Strand walkway as follows:
12.20.220 Motorized and electric wheeled devices.
No electric or motorized bicycle, moped, electric scooter, electric skateboard, or motorized
vehicle (as defined in HBMC 10.04.010) of any kind other than those used for the purpose of
protecting life or property, shall be ridden, pedaled, walked, carried onto or otherwise enter any
portion of the Strand walkway, Pier Plaza, or beach at any time when the motorized- or electric -
propelled power is in use. A violation of this section shall be an infraction. (Prior code § 5-24)
12.20.230 Wheeled vehicles or devices on Strand walkway and Pier Plaza.
A. Prohibited. It is unlawful for any person to ride or operate any wagon, box on wheels, or
any other method of riding or locomotion on wheels, including use of an electric personal assistive
mobility device ("EPAMD") (as defined by Vehicle Code Section 313), or any wheeled equipment
with motorized- or electric -propelled power in use on any portion of the Strand walkway and the
Pier Plaza, except for the following:
1. Roller skates;
2. Human -powered skateboards;
3. Human -powered scooters;
4. Human- powered, nonmotorized bicycles or tricycles with a width of not more than
thirty-six (36) inches used for recreational purposes;
5. Conveyances, including EPAMDs, by any person, who by reason of physical
disability, is unable to move about as a pedestrian and is in possession of a distinguishing disabled
parking placard issued pursuant to the California Vehicle Code; and
6. EPAMDs operated by federal, state or local government personnel in the
performance of official duties. (Ord. 04-1236 §3, February 2004)
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B. Required to Yield Right -of -Way to Pedestrians. Under all circumstances, the rider or
operator of a wheeled vehicle or device, including bicycles, skateboards, scooters, and roller skates,
on the Strand walkway shall yield the right-of-way to pedestrians, and due and proper care shall at
all times be exercised by the rider or operator for the pedestrians.
C. Group Riding. When more than two persons in a group are riding or operating wheeled
vehicles or devices, including bicycles, skateboards, scooters, and roller skates, on the Strand
walkway, no more than two shall ride side by side.
D. Racing --Trick riding. It is unlawful for any person riding or operating any wheeled
vehicle or device to race any other such vehicle or device or person along the Strand walkway, or
to indulge in any kind of trick or unsafe riding or operating.
E. Dangerous Speed --Penalty. It shall be deemed reckless and dangerous if any person rides
or operates any wheeled vehicle or device permitted on the Strand walkway, including bicycles,
skateboards, scooters, and roller skates, in excess of eight miles per hour, at an unsafe speed under
existing conditions, or operates such vehicle or device permitted on the Strand walkway in such a
reckless, wanton or careless manner as to constitute unsafe riding or operating, and any person so
operating or riding said vehicle or device shall be guilty of an infraction.
F. Designated Walk Zones. The City Council by a majority vote may designate certain
areas of the Strand walkway as a walk zone in which bicycling, skateboarding, or scootering are
prohibited, based on appropriate studies and/or staff recommendations, and may designate those
areas as walk zones by amendment to this subsection and ordering the placement of appropriate
signs, barricades, markings, flashing lights, delineations or devices signifying "Walk Zone Ahead"
at least fifty (50) feet prior to the designated zone; and the placement of appropriate regulatory signs
at the beginning of the walk zone such as, "Walk Bikes and Skateboards when Flashing." The end
of the walk zone shall be designated by signs indicating "resume riding beyond this point." It is
unlawful to ride a bicycle, scooter, or skateboard when the following designated walk zone is in
effect:
a) The Strand walkway between the centerline of 1 Ith Street and 14th Street.
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G. Parking. No person operating any wheeled vehicle or device on the Strand walkway shall
park said vehicle or device in front of any entrance to the public beach or to public or private
property, or in any way hinder, delay or obstruct the movement of pedestrians or emergency vehicles
or other wheeled vehicles or devices upon the surface of said walkway.
H. Applicability of Traffic Regulations. Every person riding a bicycle on the Strand
walkway shall be granted all the rights and be subject to all of the duties applicable to the driver of
a vehicle by Title 10, except those provisions which by their very nature can have no application to
such persons.
I. Violation. Violation of any provision of this section shall be an infraction.
SECTION 6. The City Clerk is directed to fill in the effective date in this ordinance for
Section 10.44.060 above.
SECTION 7. 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 8. 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 August 23, 2018 [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 9. 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
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adoption thereof in the records of the proceedings of the City Council at which the same is passed
and adopted.
SECTION 10. 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 17th day of September, 2018 by the following vote:
AYES:
Armato, Campbell, Fangary, Massey, Mayor Duclos
NOES:
None
ABSENT:
None
ABSTAIN:
None
PRESIDENT of the City'C P' and
ATTEST:
4.
'OR of the City of Hermosa Beach, California
APPROVED AS FORM:
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California,
do hereby certify that the foregoing Ordinance No. 18-1386 was duly and regularly
passed, approved and adopted by the City Council of the City of Hermosa Beach at an
adjourned regular meeting held at the regular meeting place thereof on the 17th day of
September, 2018, and a summary of the Ordinance was published in The Easy Reader
newspaper on Thursday, August 23, 2018, and will be re -published on Thursday,
September 27, 2018.
The vote was as follows:
AYES: Armato, Campbell, Fangary, Massey, Mayor Duclos
NOES: None
ABSENT: None
ABSTAIN: None
DATED: September 17, 2018
Elaine Doerfling, City Clerk