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ORDINANCE NO. 4164
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING A TEMPORARY
MORATORIUM ON DOCKLESS SHARED MOBILITY DEVICES (BIKES AND
SCOOTERS) AND RELATED SHARED MOBILITY DEVICE BUSINESSES
WHEREAS, Government Code section 65858 provides that the City Council, to protect
public health, safety, and welfare, may adopt as an urgency measure an interim ordinance
prohibiting certain uses while the City studies those uses; and
Shared mobility devices (e.g. bicycles and scooters) can be accessed using a mobile
application that allows a user to unlock the device remotely, activating a rental of the device for
typically $1 plus $0.15 per minute of use
Shared mobility devices are offered in either a"docked" system or a"dockless" system.
In a docked system, the renter must return the device to a docking station in order to terminate
the rental period. In a dockless system, the renter can terminate the rental period using the mobile
application to lock the device. Once locked, the device can be left anywhere the renter chooses.
Using GPS technology, the mobile application shows the location of all available devices.
Dockless devices have sprouted up all over California and in particular in beach
communities to the north and south of Huntington Beach.
The dockless devices have been especially problematic for cities because many users
leave the bicycles and scooters haphazardly in public pathways or on sidewalks, creating a
tripping hazard. In addition, it has been reported that certain mobility device users ignore local
and state traffic regulation and ride on sidewalks or without a helmet.
City staff needs time to study this issue and to present a recommendation to the City
Council as to the proper City regulation of these dockless shared mobility devices and related
businesses; and
The City Council does hereby find that the problem of dockless shared mobility devices
is a current and immediate threat to the public health, safety and welfare of the community
because if dockless shared mobility device businesses were to begin operation before the City
can study and implement the authority to safely regulate these businesses the public rights of
way including streets and sidewalks may be compromised,
NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as
follows:
SECTION 1. That the above recitals are true and correct and are adopted as the City
Council's findings.
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ORDINANCE NO. 4164
SECTION 2. In order to protect the public health, safety and welfare of the community
and pursuant to the provisions of Government Code §65858, a moratorium is hereby established
prohibiting dockless shared mobility devices and related businesses in this City and new
dockless shared mobility device businesses shall not be approved nor shall they operate while
this moratorium is in effect.
SECTION 3. That City staff is directed to study the details of these dockless shared
mobility device businesses and report back to the City Council in an expeditious manner before
this ordinance or any lawful extension expires.
SECTION 4. This ordinance is declared to be an urgency measure and interim ordinance
adopted pursuant to the provisions of Government Code Section 65858. As set forth in the
findings above, this ordinance is necessary for preserving the public health, safety and welfare of
the community. Accordingly, upon adoption by a four-fifths vote of the City Council, this
ordinance shall take effect immediately.
SECTION 5. That this ordinance is adopted by at least a 4/5 vote of the City Council.
SECTION 6. This ordinance shall be of no further force or effect upon the expiration of
one-hundred-twenty (120) days from the date of adoption, unless extended in accordance with
California Government §65858.
SECTION 7. If any section, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and adopted this ordinance and
each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Further, the City Council hereby declares that this ordinance neither is intended to nor shall it
impair the obligation of existing contracts.
SECTION 8. The City Clerk shall cause this ordinance to be posted in three places
designated by City Council pursuant to City Charter Section 500(c) and published by title with a
brief summary at least once within fifteen (15) days after its adoption in a newspaper of general
circulation, published in the County of Orange and circulated in the City, in accordance with
Section 36933 of the California Government Code; shall certify to the adoption of this ordinance
and shall cause a certified copy of this ordinance, together with proof of publication, to be filed
in the Office of the Clerk of this City.
SECTION 9. The City Council finds that, regarding the California Environmental Quality
Act(CEQA), there is no possibility that the adoption of this ordinance may have a significant
adverse effect on the environment (CEQA Guideline 15061 (b)(3)).
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ORDINANCE NO. 4164
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of July , 2018.
Mayor
ATTE : APPROVED A TO FORM:
W01*U, — I� � L— � )-1'L�1—
City Clerk City AVorhey
REVIEW APPROVED:
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Interim Ord. No. 4164
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven; that the foregoing ordinance was read to said City
Council at a regular meeting thereof held on July 16,2018 and was passed and
adopted by at least six affirmative votes of said City Council.
AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
1,ROBIN ESTANISLAU,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on: July 26,2018. � a
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Deputy city Clerk of the City Council of the City
of Huntington Beach, California