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HomeMy WebLinkAboutAdopt Ordinance No. 4165 Adding Chapter 12.40 to the Hunting (2) City of Huntington Beach File #: 18-458 MEETING DATE: 11/5/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager Subject: Adopt Ordinance No. 4165 Adding Chapter 12.40 to the Huntington Beach Municipal Code Making Shared Mobility Devices or Businesses Unlawful (Approved for introduction October 15, 2018 - Vote: 7-0) Statement of Issue: At the July 2, 2018, City Council Meeting, Council directed the City Manager to work with the City Attorney to return by July 16, 2018, with a proposal for a 120-day moratorium on Shared Mobility Devices operating in the City. Subsequently, City staff held a Study Session on Shared Mobility on September 17, 2018, and Council indicated support for a ban on these devices to help ensure public safety. This Council Action seeks the adoption of an Ordinance that would ban Shared Mobility Devices from operating in the City. Financial Impact: There is no fiscal impact associated with this action. Recommended Action: Adopt Ordinance No.4165, "An Ordinance 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." Alternative Action(s): Deny the recommended ordinance and direct staff accordingly. Analysis: The concept of shared mobility has been applied to devices such as bicycles and electric scooters, and is seen as a further extension of the new shared economy (e.g. Uber, Lyft, VRBO, etc.). Shared mobility devices are especially prevalent in coastal California communities and in urbanized areas. The business model of shared mobility device companies operates such that a user can locate and unlock a mobility device using a smart phone application and by paying a fee. When the user is done City of Huntington Beach Page 1 of 2 Printed on 10/31/2018 676 powered 6y Legistar'1 File #: 18-458 MEETING DATE: 11/5/2018 with the bicycle or scooter, they are able to park the device anywhere and re-lock the device via the application. Many users leave bicycles and scooters haphazardly parked in public pathways or sidewalks which could potentially limit or delay access for fire and police emergency vehicles, or at a minimum create a tripping hazard for pedestrians. Moreover, when bicycles and scooters are abandoned in non- designated locations, individuals with disabilities are unable to fully utilize curbs, ramps, and other ADA compliant structures that help ensure their safety. In order to address these concerns many municipalities have begun to regulate this industry. City Council directed staff on July 2, 2018, to propose a 120-day temporary land use regulation (moratorium), which was subsequently approved on July 16, 2018. In order to adopt a moratorium, State law requires a current and immediate threat to public health, safety, and welfare. In this case, the City had become aware of a growing threat to public safety in the form of these shared mobility devices creating traffic, pedestrian, and other direct access challenges in the City's right-of-way, including streets, curbs, alleys, and sidewalks. City Council adopted the moratorium to stem the proliferation of shared mobility devices long enough for the City to fully evaluate the benefits of these devices to the community. A Study Session on Shared Mobility devices was held on September 17, 2018, and City Council discussed the public safety challenges with these devices and directed staff to return with an Ordinance banning such devices and/or businesses from operating in the City. This Ordinance will make unlawful for any operator to provide, place, or offer for use a Shared Mobility Device, or to operate as a Shared Personal Mobility Device Operator in any public right-of- way within the City. By enacting this Ordinance, the Police Department and any persons authorized by the City and having the duty to enforce this Ordinance are authorized to impound the Shared Mobility Device. Furthermore, the Ordinance sets forth a fine structure for any operator or person who violates the provisions set forth in the Ordinance. Environmental Status: Not Applicable Strategic Plan Goal: Enhance and maintain public safety Enhance and maintain infrastructure Improve quality of life Attachment(s): 1. Ordinance No.4165, "An Ordinance 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." City of Huntington Beach Page 2 of 2 Printed on 10/31/2018 677 powered by Legistar- 7�C� City of Huntington Beach File #: 18-420 MEETING DATE: 10/15/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager Subiect: Approve for Introduction Ordinance No. 4165 Adding Chapter 12.40 to the Huntington Beach Municipal Code Making Shared Mobility Devices or Businesses Unlawful Statement of Issue: At the July 2, 2018, City Council Meeting, Council directed the City Manager to work with the City Attorney to return by July 16, 2018, with a proposal for a 120-day moratorium on Shared Mobility Devices operating in the City. Subsequently, City staff held a Study Session on Shared Mobility on September 17, 2018, and Council indicated support for a ban on these devices to help ensure public safety. This Council Action seeks the adoption of an Ordinance that would ban Shared Mobility Devices from operating in the City. Financial Impact: There is no fiscal impact associated with this action. Recommended Action: Approve for Introduction Ordinance No.4165, "An Ordinance 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." Alternative Action(s): Deny the recommended ordinance and direct staff accordingly. Analysis: The concept of shared mobility has been applied to devices such as bicycles and electric scooters, and is seen as a further extension of the new shared economy (e.g. Uber, Lyft, VRBO, etc.). Shared mobility devices are especially prevalent in coastal California communities and in urbanized areas. The business model of shared mobility device companies operates such that a user can locate and unlock a mobility device using a smart phone application and by paying a fee. When the user is done with the bicycle or scooter, they are able to park the device anywhere and re-lock the device via the application. City of Huntington Beach Page 1 of 2 Printed on 10/10/2018 583 powered by Legistar"s File #: 18-420 MEETING DATE: 10/15/2018 Many users leave bicycles and scooters haphazardly parked in public pathways or sidewalks which could potentially limit or delay access for fire and police emergency vehicles, or at a minimum create a tripping hazard for pedestrians. Moreover, when bicycles and scooters are abandoned in non- designated locations, individuals with disabilities are unable to fully utilize curbs, ramps, and other ADA compliant structures that help ensure their safety. In order to address these concerns many municipalities have begun to regulate this industry. City Council directed staff on July 2, 2018, to propose a 120-day temporary land use regulation (moratorium), which was subsequently approved on July 16, 2018. In order to adopt a moratorium, State law requires a current and immediate threat to public health, safety, and welfare. In this case, the City had become aware of a growing threat to public safety in the form of these shared mobility devices creating traffic, pedestrian, and other direct access challenges in the City's right-of-way, including streets, curbs, alleys, and sidewalks. City Council adopted the moratorium to stem the proliferation of shared mobility devices long enough for the City to fully evaluate the benefits of these devices to the community. A Study Session on Shared Mobility devices was held on September 17, 2018, and City Council discussed the public safety challenges with these devices and directed staff to return with an Ordinance banning such devices and/or businesses from operating in the City. This Ordinance will make unlawful for any operator to provide, place, or offer for use a Shared Mobility Device, or to operate as a Shared Personal Mobility Device Operator in any public right-of- way within the City. By enacting this Ordinance, the Police Department and any persons authorized by the City and having the duty to enforce this Ordinance are authorized to impound the Shared Mobility Device. Furthermore, the Ordinance sets forth a fine structure for any operator or person who violates the provisions set forth in the Ordinance. Environmental Status: Not Applicable Strategic Plan Goal: Enhance and maintain public safety Enhance and maintain infrastructure Improve quality of life Attachment(s): 1. Ordinance No.4165, "An Ordinance 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." City of Huntington Beach Page 2 of 2 Printed on 10/10/2018 584 Powered by LegistarT'" 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. 1 18-6892/188875/SF 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. 2 18-6892/188875/SF 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. 3 18-6892/188875/SF A& &LA& ­4 f1w-0 Mayor ATTEST: APPROVED AS TO FORM: City Clerk . City Attorney REVIEWED AND APPROVED: , ity anager 4 18-6892/188875/SF Ord. No, 4165 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-offcio 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 October 15,2018, and was again read to said City Council at a Regular meeting thereof held on November 5,2018, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: O'Connell, Semeta, Peterson, Posey,Delgleize, Hardy, Brenden 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 November 15,2018. In accordance with the City Charter of said City. (/6j Robin Estanlslau Ci Clerk City Clerk and ex-officio Clerk senior�� Ci clerk of the City Council of the City of Huntington Beach, California