HomeMy WebLinkAboutOrdinance #4165 ORDINANCE NO. 4165
AN ORDINANCE OF THE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ADDING CHAPTER 12.40 TO THE HUNTINGTON BEACH MUNICIPAL
CODE MAKING SHARED MOBILITY DEVICES OR BUSINESSES UNLAWFUL
The City Council of the City of Huntington Beach does hereby ordain as follows:
WHEREAS, in response to a sudden and unforeseen proliferation of shared mobility
devices throughout the State that operate in the public right-of-way, the City of Huntington
Beach adopted Ordinance No. 4164 establishing a moratorium on shared mobility devices and
businesses; 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; and
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 may be left anywhere the renter chooses
on public or private property.
Shared mobility devices have sprouted up all over California, and in particular beach
communities to the north and south of Huntington Beach; and
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, certain mobility device users ignore local and state traffic regulation
and ride on sidewalks or without a helmet; and
The new and emerging business model of operating shared personal mobility devices in
the public right of way creates public health and safety concerns that impact users, bystanders
and pedestrians and contributes to clutter in the public right-of-way. The long-term impacts of
this business model are uncertain as the market is rapidly evolving. While this business model
may change, the City cannot be prevented from maintaining the public right-of-way in a safe
manner; and
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)); and
The City Council does hereby find that the shared mobility devices and operators shall be
prohibited throughout the City from operating in the public right-of-way and City-owned
properties in order to promote the public health, safety and welfare including adequate pedestrian
safety.
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NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as
follows:
SECTION 1. The above recitals are true and correct and are adopted as the City
Council's findings.
SECTION 2. Chapter 12.40 is added to the Title 12 of the Huntington Beach Municipal
Code to read as follows:
Chapter 12.40 - Shared Personal Mobility Devices
12.40.010 - Purpose.
The purpose of this Chapter is to prohibit Shared Personal Mobility Devices and ensure that the
use of the public right-of-way, at all times, promotes the public health, safety and welfare and
allows for adequate pedestrian circulation and safety.
112.40.020- Definitions.
A. "Public right-of-way" shall mean the area across, along, beneath, in, on, over,
under, upon, and within the dedicated public alleys, boulevards, courts, lanes, places, roads,
sidewalks, streets, ways and City-owned properties within the City, as they exist now or in the
future.
B. "Shared Personal Mobility Devices" shall mean any wheeled personal
transportation device that is designed to be:
1. Powered by an electric motor or other power source, or by human
propulsion;
2. Accessed via an on-demand portal, whether through a smart-phone, access
code, personal identification card, or similar method; and
3. Operated by a private entity that owns, manages, maintains and insures
devices for shared use by members, which are available to members in unstaffed,
self-service locations.
Shared Personal Mobility Device does not include any device vended or made available
for rent from a building, a device operated by the Orange County Transportation Authority, or
any other device excluded pursuant to the Administrative Regulations adopted by the City
Manager.
C. "Shared Personal Mobility Device Operator" shall mean an individual or a public,
private, or non-profit entity that leases or manages Shared Personal Mobility Devices.
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11.40.030—Prohibition on Shared Personal Mobility Devices and Operators
A. It shall be unlawful to provide, place or offer for use a Shared Personal Mobility
Device, or to operate as a Shared Personal Mobility Device Operator in any public right- of-way
within the City.
B. The Huntington Beach Police Department and any persons authorized by the City
and having the duty to enforce this Chapter are hereby authorized to impound the Shared
Personal Mobility Device violating the provisions of this Chapter. The impound shall be subject
to an impound fee established by City Council resolution.
C. The Police Chief may promulgate regulations for 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.
12.40.040 - Violations.
Any person who violates or willfully fails to comply with any provision of this Chapter is guilty
of an infraction. Where the violation is of a continuing nature, each day or portion thereof
wherein the violation continues constitutes a separate and distinct violation. Any person
convicted of an infraction under the provisions of this Code shall be punishable by (1) a fine not
exceeding $100.00, for the first offense; (2) a fine not exceeding $200.00 for the second offense;
(3) a fine not exceeding $500.00 for each additional offense within one year.
SECTION 3. The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause this Ordinance, or a summary thereof to be published once
in the official newspaper within 15 days after its adoption.
SECTION 4. When adopted this Ordinance shall supercede Ordinance No. 4164.
SECTION 5. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting held this 5th day of November , 2018.
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