The URL can be used to link to this page

Home My WebLink AboutORD-24-1478U (EBIKE REGULATIONS)Page 1 of 5 ORD-24-1478U CITY OF HERMOSA BEACH ORDINANCE NO. ORD-24-1478U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING SECTION 10.12.175 TO THE HERMOSA BEACH MUNICIPAL CODE REGARDING SAFETY AND OPERATIONAL REGULATIONS RELATED TO ELECTRIC/MOTORIZED BICYCLES IN THE CITY, AMENDING SECTION 1.10.040 TO MAKE VIOLATIONS OF CERTAIN MUNICIPAL CODE REGULATIONS RELATED TO ELECTRIC/MOTORIZED BICYCLES SUBJECT TO ADMINISTRATIVE CITATIONS, ADDING CHAPTER 5.82 DEALING WITH THE RENTAL OF ELECTRIC BICYCLES IN THE CITY AND DETERMINE THE URGENCY ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City of Hermosa Beach’s existing Municipal Code provisions on the use of electric bicycles are not up to date in light of the proliferation of electric bikes in the City. Accordingly, the Municipal Code regulations are not adequate to deal with the increasing use of electric bikes in the City. Due to safety concerns related electric bikes and motorized bicycles, recent bicycle-related issues in the City, and the impending summer season where use of electric bicycles will increase, the City Council finds that there is a current and immediate threat to the public peace, health, safety and welfare posed by the Municipal Code’s antiquated bicycle regulations. For the immediate preservation of the public peace, health, safety, and welfare and public’s interest in the safe operation of electric bicycles and motorized bicycles, the City Council hereby adopts this Ordinance pursuant to Government Code Section 36937 in order to protect the public health, safety, or welfare. SECTION 2. The adoption and implementation of the Ordinance is not a project for purposes of CEQA in that it is a general policy regulating the operation and rental of electric bicycles and motorized bicycles, and even if it were a project, it would be exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the City’s updated regulations will have a significant effect on the environment. DocuSign Envelope ID: 2230AB2C-D04B-4BC3-8F04-B9CD5A746A86 Page 2 of 5 ORD-24-1478U SECTION 3. The City Council finds the proposed code additions and amendments are consistent with the City’s General Plan. SECTION 4. Section 10.12.175 (Operation and Use Electric Bicycles) is added to Chapter 10.12 (Traffic Rules) of Title 10 (Vehicles and Traffic) of the Hermosa Beach Municipal Code to read as follows: 10.12.175 Operation and Use Electric Bicycles. A.It is unlawful for any person to ride or operate any electric bicycle, motor- driven cycle, pocket bike or any other electric or motorized conveyance unless such ride or operation complies with the following: 1.No person shall ride or operate an electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance in an unsafe manner. Unsafe manner means operating in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area. 2.All operators and passengers under 18 years of age shall wear a helmet properly strapped while riding or operating an electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance. 3.No electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance shall be allowed on the Greenbelt. 4.It shall be unlawful for any person to operate a bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance upon any street, highway, path, lane or any area of the City while under the influence of an alcoholic beverage and/or any drug. 5.No person riding or operating an electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance shall transport another person upon an electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance unless such passenger is seated upon a separate seat attached to the vehicle. DocuSign Envelope ID: 2230AB2C-D04B-4BC3-8F04-B9CD5A746A86 Page 3 of 5 ORD-24-1478U B. Notwithstanding any other provision of this Code, nothing is intended to apply or otherwise restrict electric bicycles, motor-driven cycles, pocket bikes or any other electric or motorized conveyances operated by any officer employed by the City while on duty, or as utilized in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) C. Violations. Violations of this section are subject to the following standards. 1. In addition to any other penalty authorized by law, violations of this section as well as sections 12.20.220, 12.20.230, and 12.28.010 of this Municipal Code are subject to the administrative citations and penalties provisions in Chapter 1.10. 2. If a juvenile is cited for violating this section, the City officer issuing the citation may impound the electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance to the Hermosa Beach Police Department, such that the electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance shall be released to a responsible adult upon payment of the impound fee established by the City Council. SECTION 5. Section 1.10.040 (Code violations subject to administrative penalty procedures) of Chapter 1.10 (Administrative Citations and Penalties) of Title 1 (General Provision) is amended to add the following code section to the list of violations subject to the administrative penalty procedures and other provisions of Chapter 1.10: Section 10.12.175, Use of electric bicycles and other wheeled devices. Section 12.20.220, Motorized and electric wheeled devices. Section 12.20.230, Wheeled vehicles or devices on Strand walkway and Pier Plaza. Section 12.28.010, Park regulations generally. Chapter 5.82 (Rental of Electric Bicycles) DocuSign Envelope ID: 2230AB2C-D04B-4BC3-8F04-B9CD5A746A86 Page 4 of 5 ORD-24-1478U SECTION 6. Chapter 5.82 (Rental of Electric Bicycles) is added to Chapter 10.12 (Traffic Rules) of Title 5 (Business Licenses and Regulations) of the Hermosa Beach Municipal Code to read as follows: Chapter 5.82 – Rental of Electric Bicycles Section 5.82.010 – Purpose The purpose of this chapter is to ensure the rental of electric bicycles in the City is done in such a manner that ensures compliance with the City’s regulations on electric bicycles in the City. Section 5.82.020 – Requirements on the Rental of Electric Bicycles in the City No person, individual, business, partnership, firm, corporation or any combination of the above in whatever from or character shall, after August 4, 2024, make available for rent an electric bicycle in the City unless said electric bicycle is equipped with technology (i.e., geofencing) that insures use of the electric motor is not permitted on the Strand, Pier Plaza, the Greenbelt and any other places in the City where electric bicycles are not allowed to operate. The August 4, 2024 deadline for compliance may be extended on a case-by-case basis at the discretion of the City Manager if the requestor has made diligent and meaningful progress in complying with this section. Section 5.82.020 –Violations. In addition to any other penalty authorized by law, violations of this Chapter are subject to the administrative citations and penalties provisions in Chapter 1.10. SECTION 7. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof. SECTION 8. The City Clerk shall: certify to the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and shall cause this Ordinance to be published within 15 days after its passage, in DocuSign Envelope ID: 2230AB2C-D04B-4BC3-8F04-B9CD5A746A86 Page 5 of 5 ORD-24-1478U accordance with Government Code Section 36933 and in accordance with California law. SECTION 9. This Ordinance is an urgency ordinance for the immediate preservation of the public peace, health and safety within the meaning of Government Code Section 36937(b); and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED on this 4th day of June, 2024 AYES: Mayor Massey, Mayor Pro Tem Francois, Councilmembers Detoy, Saemann, and Jackson. NOES: None ABSTAIN: None ABSENT: None Mayor Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney DocuSign Envelope ID: 2230AB2C-D04B-4BC3-8F04-B9CD5A746A86 Adopted: 06/04/2024 State of California ) County of Los Angeles ) ss ) City of Hermosa Beach June 6, 2024 Certification of Council Action ORDINANCE NO. ORD-24-1478U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING SECTION 10.12.175 TO THE HERMOSA BEACH MUNICIPAL CODE REGARDING SAFETY AND OPERATIONAL REGULATIONS RELATED TO ELECTRIC/MOTORIZED BICYCLES IN THE CITY, AMENDING SECTION 1.10.040 TO MAKE VIOLATIONS OF CERTAIN MUNICIPAL CODE REGULATIONS RELATED TO ELECTRIC/MOTORIZED BICYCLES SUBJECT TO ADMINISTRATIVE CITATIONS, ADDING CHAPTER 5.82 DEALING WITH THE RENTAL OF ELECTRIC BICYCLES IN THE CITY AND DETERMINE THE URGENCY ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do hereby certify that the above and foregoing Urgency Ordinance No. ORD-24-1478U was duly approved and adopted by the City Council of said City at its special meeting thereof held on the 4th day of June 2024 and passed by the following vote: AYES: MAYOR MASSEY, MAYOR PRO TEM FRANCOIS, COUNCILMEMBERS SAEMANN, DETOY, and JACKSON NOES: NONE ABSTAIN: NONE ABSENT: NONE _____________________________ Myra Maravilla, City Clerk DocuSign Envelope ID: 2230AB2C-D04B-4BC3-8F04-B9CD5A746A86