HomeMy WebLinkAboutApprove for Introduction Ordinance No 4302 Amending Huntingt (2) 2000 Main Street,
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City of Huntington Beach
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APPROVED 7-0
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File #: 23-845 MEETING DATE: 10/17/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED.BY: Al Zelinka, City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Capt. Gaute Svendsbo
Subject:
Adopt Ordinance No. 4302 amending Huntington Beach Municipal Code (HBMC) Chapter •
10.84 relating to bicycle regulations
Approved for Introduction on September 19, 2023 by a vote of 6-0-1 (Burns-Absent)
Statement of Issue:
The City has seen an increase in the use of various classes of electric bicycles and other motorized
conveyances throughout our communities. A review of our Municipal Code revealed many existing
laws were outdated and did not address these increases. Updates are needed to our Municipal
Code to properly address these issues and give the Police Department more tools to enforce bicycle
safety laws for the wellbeing of our residents and visitors alike.
Financial Impact:
This action does not require any commitment of funding.
Recommended Action:
Adopt Ordinance No. 4302, "An Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to Bicycle Regulations."
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
E-Bikes and electric motorcycles have been increasing in popularity on our roadways, specifically in
coastal cities such as Huntington Beach. Conveyances are now being produced that do not fit into
categories already defined by existing law. This makes enforcement particularly difficult due to the
fact laws regulating the operation of different mechanisms vary based on the device, and some of
these devices are not clearly defined in the California Vehicle Code. E-bikes have developed beyond
the existing definitions, such that laws regarding licensing, age, and equipment can no longer be
City of Huntington Beach Page 1 of 2 Printed on 10/12/2023
powered'Legistar1'
File #: 23-845 MEETING DATE: 10/17/2023
enforced. Multiple subject matter experts have conflicting opinions on which laws apply to each type
of apparatus, making it unclear which section to enforce.
Creating an unambiguous municipal code section, such as the proposed 10.84.140, to more broadly
define these conveyances, will eliminate confusion and consolidating unsafe actions into one clear
section. In addition, this municipal code provides officers the discretion to write a civil citation or a
criminal citation, whichever is determined to be the more appropriate action for a given situation.
The revisions also eliminate outdated language for release fees, making the law consistent with
existing fee schedules. The revisions also change the language to be consistent with Council
Resolution 2009-34.
Lastly, additional definitions have been added to the beginning of the chapter, to be consistent with
the California Vehicle Code.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program.
For details, visit www.huntingtonbeachca.gov/strategicplan.
Attachment(s):
1. Ordinance 4302.
2. Resolution 2009-34 (07-06-2009).
City of Huntington Beach Page 2 of 2 Printed on 10/12/2023
powereW LegistarM
ORDINANCE NO. 4302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 10.84 OF THE HUNTINGTON BEACH MUNICIPAL •
CODE RELATING TO BICYCLE REGULATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Section 10.84.005 of the Huntington Beach Municipal Code,is
hereby amended to read as follows:
10.84.005 Definitions
For the purpose of this Chapter, the following words and phrases are defined as follows:
"Bicycle"is a device upon which any person may ride,propelled by human power
through a system of belts, chains, or gears, and having either two or three wheels in a tandem or
tricycle arrangement.
"Bicycle path"is a pathway for bicycle riders that has been physically separated from a
roadway.
"Electric Bicycle" is a bicycle equipped with fully operable pedals and an electric motor
of less than 750 watts as defined by California Vehicle Code Section 312.5(a).
"Highway"is a way or place of whatever nature, maintained and open to the use of the
public for purposes of vehicular travel. "Highway"includes street.
"Motor Driven Cycle"is a motorcycle with a motor that displaces less than 150cc per
California Vehicle Code Section 405.
"Motorized scooter" shall have the same definition as that of California Vehicle
Code Section 407.5(a).
"Moped or Motorized Bicycle" is any two or three wheeled device having fully
operative pedals for propulsion by human power, or having no pedals if powered solely by
electrical energy, has an automatic transmission, and a motor which produces less than 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 as defined by California Vehicle Code Section 406(a).
"Pocket Bike" is a two-wheeled motorized device having a seat or saddle for the use of
the rider that is not designed or manufactured for highway use. A pocket bike does not include
an off-highway motorcycle, as defined in California Vehicle Code Section 436."Bicycle lane"is
that portion of a roadway, other than state-and county highways, set aside by striping for the use
of bicycle riders and so designated, as provided in this Chapter.
ORDINANCE NO. 4302
"Police Chief' shall include his or her designated representative.
"Roadway"is that portion of a highway improved, designed, or ordinarily used for
vehicular travel.
SECTION 2. That Section 10.84.080 of the Huntington Beach Municipal Code is
hereby amended to read as follow:
10.84.080 Reserved.
SECTION 3. That Section 10.84.120 of the Huntington Beach Municipal is hereby
amended to read as follows:
10.84.120 Impounding—Parked Bicycles
No person shall park or leave a bicycle in the area between Pacific Coast Highway and
the mean high tide line of the Pacific Ocean in a manner so as to block or impede any road,
vehicle route,walkway or path, or so as to block or impede ingress or egress from any building,
stair,pier or bridge. No person shall leave a bicycle locked or unlocked in any public place in
excess of 72 hours, or left abandoned as evidenced by signs of disuse or neglect. Any bicycle so
parked or left abandoned may be impounded by the Community &Library Services Department
or by the Police Department. The fee will be consistent with the HBPD Fee Schedule.
SECTION 4. That Section 10.84.140 of the Huntington Beach Municipal Code is hereby
added to read as follows:
10.84.140 Riding a Bicycle or Similar Conveyance in an Unsafe Manner
No person shall ride a conventional bicycle, electric bicycle,moped,motor-driven cycle,
electric motorcycle, pocket bike, or any other electric conveyance not previously named in an
unsafe manner on a public roadway, highway, sidewalk,park, or private property open to the
public.
(a) Unsafe manner means a rider violating any existing Huntington Beach Municipal Code,
California Vehicle Code, or other existing law. An unsafe manner can also be defined as
operating the conveyance in such a way as to constitute a danger to the operator, a
passenger, other motorists, other riders, or pedestrians in the area.
(b) Examples of riding in an unsafe manner may include,but are not limited to,the following
actions:
a. Riding on a sidewalk without due caution for pedestrians.
b. Riding on a sidewalk, highway, bicycle path, or bicycle lane against the flow of
traffic.
318313/23-13365 2
ORDINANCE NO. 4302
c. Not yielding to vehicles or pedestrians when required to by the California Vehicle
Code.
d. Intentionally swerving or riding around stopped or slowed traffic.
e. Operating a conveyance in a manner it was not designed for, including carrying
passengers when not designed for carrying passengers.
f. Not obeying posted signs.
g. A person under the age of 18 riding without a properly fitted and fastened helmet.
h. Intentionally lifting one or more wheels into the air while riding on a highway,
sidewalk,bicycle lane, or bicycle path.
i. Riding on a bicycle path, bicycle lane, or sidewalk at a speed greater than 25 mph
or any speed greater than is reasonable or prudent under the conditions then
existing, or at a speed which endangers the safety of persons or property.
SECTION 5. That Section 10.84.150 of the Huntington Beach Municipal Code is hereby
added to read as follows:
10.84.150 Impounding of Bicycle or Similar Conveyance
If a juvenile subject is cited or arrested for a violation of any section in this Chapter,the
officer may impound the bicycle to the Huntington Beach Police Department, such that the
conveyance may be released to a responsible adult. The fee for release will be consistent with the
HBPD Fee schedule. Bicycles impounded and retained by the Police Department hereunder shall
be considered abandoned after a period in excess of 90 days and may be disposed of as restricted
by Civil Code Sections 2080.1, 2080.2, 2080.3, 2080.4 and 2080.5.
SECTION 6. That Section 10.84.280 of the Huntington Beach Municipal Code is
hereby amended to read as follow:
10.84.280 Reserved.
SECTION 7. This ordinance shall become effective 30 days after its adoption.
318313/23-13365 3
ORDINANCE NO. 4302
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of October , 2023.
ATTEST:
/ .g&t,--1D
10401, 9•‘)/-44141141) Mayor
City Clerk
APPROVED AS FORM:
REVIEWED AND APPROVED:
City Attorney
City Manager INITIATE DAP ROVE .
Police 'ef
318313/23-13365 4
Ord. No. 4302
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 September 19,2023, and was again read to said City
Council at a Regular meeting thereof held on October 17, 2023, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
NOES: None
ABSENT: None
ABSTAIN: None
I,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 October 26,2023. Lit
/412410144d
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
10.84.120 Impounding—Parked Bicycles
No person shall park or leave a bicycle in the area between Pacific Coast Highway and the mean high tide
line of the Pacific Ocean in a manner so as to block or impede any road,vehicle route,walkway or path,
or so as to block or impede ingress or egress from any building, stair,pier or bridge.No person shall leave
a bicycle locked or unlocked in any public place in excess of 72 hours, or left abandoned as evidenced by
signs of disuse or neglect.Any bicycle so parked or left abandoned may be impounded by the Community
&Library Services Department or by the Police Department. The fee will be consistent with the HMPD
Fee Schedul na m y be held until he" f fye doll"«"has been c n""ted t„defray the contof
impeuftd.
810.84.140 Riding a Bicycle or Similar Conveyance in an Unsafe Manner
No person shall ride a conventional bicycle, electric bicycle,moped,motor-driven cycle, electric
motorcycle,pocket bike, or any other electric conveyance not previously named in an unsafe
manner on a public roadway,highway, sidewalk, park, or private property open to the public.
(a) Unsafe manner means a rider violating any existing Huntington Beach Municipal Code,
California Vehicle Code, or other existing law. An unsafe manner can also be defined as
operating the conveyance in such a way as to constitute a danger to the operator, a
passenger,other motorists, other riders, or pedestrians in the area.
(b) Examples of riding in an unsafe manner may include,but are not limited to,the following
actions:
a. Riding on a sidewalk without due caution for pedestrians.
b. Riding on a sidewalk,highway,bicycle path, or bicycle lane against the flow of
traffic.
c. Not yieldin. to vehicles or .edestrians when re•uired to b the California Vehicle
Code.
d. Intentionally swerving or riding around stopped or slowed traffic.
e. Operating a conveyance in a manner it was not designed for,including carrying
passen.ers hen not desi l ed for c. in. .assen.ers.
f. Not obeying posted signs.
g. A person under the age of 18 riding without a properly fitted and fastened helmet.
h. Intentionally lifting one or more wheels into the air while riding on a highway,
sidewalk,bicycle lane, or bicycle path.
i. Riding on a bicycle oath bicycle lane, or sidewalk at a speed greater than 25 mph
or any speed greater than is reasonable or prudent under the conditions then
existing, or at a speed which endangers the safety of persons or property.
10.84.150 Impounding of Bicycle or Similar Conveyance
If a juvenile subject is cited or arrested for a violation of any section in this Chapter,the officer
may impound the bicycle to the Huntington Beach Police Department. such that the conve ance
may be released to a responsible adult. The fee for release will be consistent with the HBPD Fee
schedule. Bicycles impounded and retained by the Police Department hereunder shall be
245
2 . /'IcTh Off
•
Council/Agency Meeting Held: -9- — '—o7
Deferred/Continued to:
`1-Approved Conditionally proved ❑ Denied kStSZ&IP Cit I rk's ignat
Council Meeting Date: 7/6/2009 Department ID Number: CA 09-17
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGr-Ake ity Attorney
PREPARED BY: Jennifer McG City Attorney
SUBJECT: Adoption of Resolution to Increase Civil Fine Amounts
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: In the last ten years, only fine amounts for specific violations of
Huntington Beach Municipal Code relating to business regulations and zoning have been
increased. The fine amounts for other civil violations of the Huntington Beach Municipal Code
should be increased.
Funding Source: No funds required. •
Recommended Action: Motion to:Adopt Resolution No. 2009-34 "A RESOLUTION OF
• THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING AND RESTATING
THE FEE SCHEDULE FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS."
Alternative Action(s): Do no adopt Resolution No. 2009-34 .
Analysis: In 1998, the City established an administrative citation program (Chapter 1.18 of
the HBMC). At that time, fines for civil violations were set by Resolution No. 98-43. Since
that time, the fine amounts were increased for specific HBMC violations relating to business
regulations and zoning; however, fines for non-specific violations have not increased in more
than 10 years. Staff is recommending a $25.00 increase for the first violation, a $50.00
increase for the second violation, and a $100.00 increase for the third violation in a twelve
month period. These new fine amounts would apply to violations such as dogs off leash,
newsrack violations, cell phone usage in the library, and violations of beach and pier
regulations.
246
REQUEST FOR CITY COUNCIL ACTION
MEETi{NG DATE: 7/6/2009 DEPARTMENT ID NUMBER: CA 09-17
Strategic Plan Goal: Maintain and enhance public safety; maintain and enhance our
financial reserves.
Environmental Status: Not applicable
Attachment(s):
I •
City Clerk's, LL •
Page Number . .No,. Description
1. Resolution No. 2009-34 titled"A Resolution of the City Council
of the City of Huntington Beach Revising and Restating the Fee
Schedule for Civil Fines for Municipal Code Violations."
•
•
-2- 6/9/2009 2:15 PM
247
ATTACHMENT NO. I
RESOLUTION NO. 2009-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REVISING AND RESTATING THE FEE SCHEDULE
FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS
WHEREAS, Resolution No. 2004-79 was adopted by City Council first setting the civil fines,
interest and penalties to persons who are issued Administrative Citations pursuant to Chapter 1,18 of the
Huntington Beach Municipal Code;and
Section 1.18.070 of the Municipal Code provides that the fines, interest and penalties shall be set
by the City Council by resolution; and
The civil fine amounts for specific violations of the Municipal Code were increased in 2007.
However, fine amounts for miscellaneous violations of the Municipal Code have not been increased for
over ten years,while the CPI has increased several times during the last decade;and •
The City Council has considered this matter and has determined to increase and set forth the
specific fines,interest and penalties for various code violations,
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Huntington Beach
as follows:
1. The civil fines, interest and penalties and implementing provisions for violations of the
Municipal Code pursuant to Chapter 1.18 shall be those as specified in Schedule 1, attached hereto and
incorporated herein. The increased fine amounts are in boldface type.
2. These fines, interest and penalties are subject to the provisions of said Chapter 1.18 and
shall remain in force until changed by a new resolution of the City Council.
3. Resolution No. 2007-22 and all other resolutions in conflict herewith are hereby•
repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 6th day of July ,2009.
•
Mayor
RE APPROVED:
D AND APPRO TO FORM:
Jsfrathr
Ci Atto ey
07-875.00234223 l ' •
249
Resolution No. 2009-34
SCHEDULE 1 •
FINES,INTEREST,ANI)PENALTIES
FOR MUNICIPAL CODE VIOLATIONS
1. Fines. Violations of the Municipal Code of the City of Huntington.Beach shall be subject to the
fines shown below. A subsequent violation is any violation where the citee was cited one or
more times in the preceding 12 months for the same violation, unless the violation was cancelled
pursuant to Chapter 1.18.
FINE AMOUNT FINE AMOUNT FINE AMOUNT-
CODE FOR FIRST FOR SECOND SUBSEQUENT
SECTION VIOLATION: VIOLATION: VIOLATIONS
Violation of HBMC Titles 5,. 8, 17 $250 $500 $1,000
and BB Zoning & Subdivision
Ordinance(EXCEPT for violation of •
Section 9.52.010 and Huntington'
Beach Fire Code Section 7802.3 as
Adopted by Huntington Beach
Municipal Code Section 17.56.010)
Violation of Huntington Beach Fire $500 $1,000 $1,000
Code Section 7802.3 as Adopted by
•
Huntington Beach Municipal Code
Section 17.56.010.
Violation of Huntington Beach
Municipal Code Section 9.52.010 $500 $1,000 $1,000
Violation of all other Code sections. $125 $250 $600
2. Interest on Fines. Interest shall accrue upon all delinquent fines and penalties at the annual rate
of 18 per cent This interest will be imposed and collected according to the discretion of the.
City Treasurer upon considering such factors bearing on practicability as to the cost to compute
the interest owed,the amount of interest due, and its collectability. The purpose of granting this
discretion to the Treasurer is to not require collection of interest when it would not be cost
effective.. • •
•
3. Late Payment Penalties. A$25 late payment penalty shall be owed for fines not paid within 30
days of their due date. The Treasurer shall have the same discretion over collection of late
penalties as for interest as set forth in paragraph 2 above.
4. Collections. Fines that are delinquent for 60 days or more and total at least $250 shall be
processed through the abatement and/or assessment procedures specified in section 1.18.150 of
the Municipal Code. All other delinquent fines may be referred to a collection agency as
determined by the City Treasurer.
•
07-875.00234223 2
•
•
250
Res. No. 2009-34
•
•
•
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
• I, JOAN•L. FLYNN 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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on July 6, 2009 by the following vote:
•
• AYES: Carchio, Bohr, Coerper, Hansen
NOES: Dwyer
ABSENT: Green, Hardy
ABSTAIN: None
•
•
fly Clerk and ex-offic Clerk of the
City Council of the City of •
• . Huntington Beach, California
•
251
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Adopt Resolution to Increase Civil Fine Amounts
COUNCIL MEETING DATE: July 6, 2009
RCA ATTACHMENTS STATUS
Ordinance(w/exhibits & legislative draft if applicable) Attached 0
Not Applicable
Resolution (w/exhibits&legislative draft if applicable) Attached 0
Not Applicable El
Tract Map, Location Map and/or other Exhibits Attached 0
Not Applicable Ei
Contract/Agreement(w/exhibits if applicable) Attached 0
(Signed in full by the City Attorney) Not Applicable lE)
Subleases, Third Party Agreements, etc. Attached 1:1
(Approved as to form by City Attorney) Not Applicable 0
Certificates of Insurance (Approved by the City Attorney) Attached 0
Not Applicable El
Fiscal impact Statement (Unbudgeted, over$5,000) Attached 0
Not Applicable Ei
Bonds (If applicable) Attached 0
Not Applicable El
Staff Report(If applicable) Attached 0
Not Applicable El
Commission, Board or Committee Report(If applicable) Attached 0
Not Applicable L.
Findings/Conditions for Approval and/or Denial Attached 0
Not Applicable El
EXPLANATION FOR MIMING ATTACHMENTS
r- RECTEMD \
REVIEWED , _,i, mpg \ RET ED FOR. A,-DED
Administrative Staff 1 u1/41‘. .....,cnri4 1 ----- ) ( fl i
Deputy City Administrator(tpitialWopv,c,Z,Aji- ( ) 47id. )
City Administrator(Initial) ......._2_,..n.!-:::::-------- ( ) (kit )
City Clerk ( ) /
EXPLANATION FOR RETURN OF ITEM: • . ,
11D1.35 CO PA (..
(Below Space For City Clerk's 1
e.i010
•
RCA Author: 34228-JM
. -
252
Moore, Tania
From: Ann Palmer <714anniep@gmail.com>
Sent: Tuesday, October 17, 2023 6:44 AM
To: CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org
Subject: Support of item 17) 23-845; Bucycke safety
Thank you to all offices of City Council, City Attorney, Law Enforcement and other city departments and staff involved in
this matter. Huntington Beach needed comprehensive and immediate action to offset safety issues relating to bicycles
and motorized eBikes.
The effort and plan appear to be well conceived; it has been quite impressive.
Thank you,
Ann Palmer
30+yr resident
Huntington Beach 92648
SUPPLEMENTAL
COMMUNICATION
10/17/2023
AAeetiinq Date:
1 17 (23-845)
Agenda Item No.;._
INCLUDES THE
AgLia..._
FOUNTAIN
. e
VALLEY VIEW
1920 Main St. Suite 225, Irvine
Irvine, California 92614
(714) 796-2209
legals@inlandnewspapers.com
City of Huntington Beach - City Clerk's Office
2000 Main Street
Huntington Beach, California 92648
Account Number: 5272431
Ad Order Number: 0011629758
Customer's Reference/PO Number:
Publication: Huntington Beach Wave
Publication Dates: 10/26/2023
Total Amount: $486.39
Payment Amount: $0.00
Amount Due: $486.39
Notice ID: flsg1d9zQCYJtHxwIV7M
Invoice Text: CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4302 Adopted
by the City Council on October 17, 2023"AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.84 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO BICYCLE
REGULATIONS" SYNOPSIS: E-Bikes and electric motorcycles have been increasing
in popularity on our roadways, specifically in coastal cities such as Huntington Beach.
Conveyances are now being produced that do not fit into categories already defined
by existing law. Enforcement is particularly difficult due to the fact laws regulating the
operation of different mechanisms vary based on the device, and some of these
devices are not clearly defined in the California Vehicle Code. E-bikes have
developed beyond the existing definitions, such that laws regarding licensing, age,
and equipment can no longer be enforced. Multiple subject matter experts have
conflicting opinions on which laws apply to each type of apparatus, making it unclear
which section to enforce. Creating an unambiguous municipal code section, such as
10.84.140, more broadly defines these conveyances and eliminates confusion and
consolidates unsafe actions into one clear section. In addition,this municipal code
provides officers the discretion to write a civil citation or a criminal citation,whichever
is determined to be the more appropriate action for a given situation.The revisions
also eliminated outdated language for release fees, making the law consistent with
existing fee schedules.The revisions also changed the language to be consistent with
Council Resolution 2009-34.Additional definitions have been added to the beginning
of the chapter,to be consistent with the California Vehicle Code. COPIES OF THIS
Synopsis - Ordinance No. 4302 - Page 1 of 2
See Proof on Next Page
�PINEWDES THE
, FOUNTAIN
-/ VALLEY VIEW
.M;illi
Huntington Beach Wave
1920 Main St.Suite 225,Irvine
Irvine,California 92614
(714)796-2209
2000 Main Street
Huntington Beach, California 92648
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
County of Orange County
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party
to or interested in the above-entitled matter. I am the principal
clerk of the Huntington Beach Wave, a newspaper that has
been adjudged to be a newspaper of general circulation by the
Superior Court of the County of Orange County, State of
California, on July 1, 1998, Case No. A-185906 in and for the
City of Irvine, County of Orange County, State of California;
that the notice, of which the annexed is a true printed copy,
has been published in each regular and entire issue of said
newspaper and not in any supplement thereof on the following
dates,to wit:
10/2612023
I certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true and
correct:
Executed at Anaheim, Orange County, California, on
Date: Oct 26, 2023.
ekilii±ujOncLO
Signature
Synopsis - Ordinance No. 4302 - Page 1 of 2
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO.4302
Adopted by the City Council on October 17,2023
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH
AMENDING CHAPTER 10.84 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO BICYCLE REGULATIONS"
SYNOPSIS:
E-Bikes and electric motorcycles have been increasing in popularity on our roadways,
specifically in coastal cities such as Huntington Beach. Conveyances are now being
produced that do not fit Into categories already defined by existing law. Enforcement
Is particularly difficult due to the fact laws regulating the operation of different
mechanisms vary based on the device, and some of these devices are not clearly
defined in the California Vehicle Code. E-bikes have developed beyond the existing
definitions, such that laws regarding licensing,age, and equipment can no longer be
enforced. Multiple subiect matter experts have conflicting opinions on which laws
aPPlY to each type of apparatus,making it unclear which section to enforce.
Creating an unambiguous municipal code section, such as 10.84.140, more broadly
defines these conveyances and eliminates confusion and consolidates unsafe actions
into one clear section. In addition,this municipal code provides officers the discretion
to write a civil citation or a criminal citation,whichever is determined to be the more
appropriate action for a given situation.
The revisions also eliminated outdated language for release fees, making the law
consistent with existing fee schedules. The revisions also changed the language to be
consistent with Council Resolution 2009-34.
Additional definitions have been added to the beginning of the chapter,to be consistent
with the California Vehicle Code.
COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held October 17,2023 by the following roll call vote:
AYES: Kalmick,Moser,Van Der Mark,Strickland,McKeon, Bolton,
Burns
NOES: None
ABSENT: None
This ordinance is effective November 16,2023.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH,CA 92648
714-536-5227
ROBIN ESTANISLAU,CITY CLERK
Huntington Beach Wave
Published:10/26/23
Synopsis - Ordinance No. 4302 - Page 2 of 2
, •
2000 Main Street,
;•.:;"="a:,;.,e t Huntington Beach,CA
City of Huntington Beach 92648
, APPROVED 6-0-1
�``cFCOU `\ (BURNS-ABSENT)
P AS AMENDED
File #: 23-750 MEETING DATE: 9/19/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Capt. Gaute Svendsbo
Subject:
Approve for introduction Ordinance No. 4302 amending Huntington Beach Municipal Code
(HBMC) Chapter 10.84 relating to bicycle regulations
Statement of Issue:
The City has seen an increase in the use of various classes of electric bicycles and other motorized
conveyances throughout our communities. A review of our Municipal Code revealed many existing
laws were outdated and did not address these increases. Updates are needed to our Municipal
Code to properly address these issues and give the Police Department more tools to enforce bicycle
safety laws for the wellbeing of our residents and visitors alike.
Financial Impact:
This action does not require any commitment of funding.
Recommended Action:
Approve for introduction Ordinance No. 4302, "An Ordinance of the City Council of the City of
Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to
Bicycle Regulations."
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
E-Bikes and electric motorcycles have been increasing in popularity on our roadways, specifically in
coastal cities such as Huntington Beach. Conveyances are now being produced that do not fit into
categories already defined by existing law. This makes enforcement particularly difficult due to the
fact laws regulating the operation of different mechanisms vary based on the device, and some of
these devices are not clearly defined in the California Vehicle Code. E-bikes have developed beyond
the existing definitions, such that laws regarding licensing, age, and equipment can no longer be
City of Huntington Beach Page 1 of 2 Printed on 9/14/2023
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File #: 23-750 MEETING DATE: 9/19/2023
enforced. Multiple subject matter experts have conflicting opinions on which laws apply to each type
of apparatus, making it unclear which section to enforce.
Creating an unambiguous municipal code section, such as the proposed 10.84.140, to more broadly
define these conveyances, will eliminate confusion and consolidating unsafe actions into one clear
section. In addition, this municipal code provides officers the discretion to write a civil citation or a
criminal citation, whichever is determined to be the more appropriate action for a given situation.
The revisions also eliminate outdated language for release fees, making the law consistent with
existing fee schedules. The revisions also change the language to be consistent with Council
Resolution 2009-34.
Lastly, additional definitions have been added to the beginning of the chapter, to be consistent with
the California Vehicle Code.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Financial Sustainability, Public Safety or Other
Attachment(s):
1. Ordinance 4302.
2. Resolution 2009-34 (07-06-2009).
City of Huntington Beach Page 2 of 2 Printed on 9/14/2023
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City Council/ ACTION AGENDA September 19, 2023
Public Financing Authority
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the "Second Amendment to the Site
License Agreement between T-Mobile West LLC and the City of Huntington Beach for the
wireless communications facility at Fire Station 6 - Edwards," based on theterms and conditions
as presented herein.
Approved 6-0-1 (Burns-Absent)
15. 23-735 Accepted the lowest responsive and responsible bid and authorized
the execution of a construction contract with Oppenheimer National for
$134,387.26 for the Police Canine Facility, CC1744; and, approved an
appropriation from the Police Facilities Development Impact Fund
Recommended Action:
A) Accept the lowest responsive and responsible bid submitted by Oppenheimer Nationalin
the amount of$134,387.26; and,
B) Approve a budget appropriation in the amount of $147,826 from Police Facility
Development Impact Funds to account 22770106.82800; and,
C) Authorize the Mayor and City Clerk to execute a construction contract in a formapproved
by the City Attorney.
Approved 6-0-1 (Burns-Absent)
16. 23-745 Accepted bid and authorized execution of a construction contract with
Applied Restoration, Inc. in the amount of$754,451.80 for the
construction of Goldenwest St. and Graham St. Bridge Maintenance
Project, CC-1713
Recommended Action:
A) Accept the lowest responsive and responsible bid submitted by Applied Restoration,
Inc. in the amount of$754,451.80; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a formapproved by
the City Attorney.
Approved 6-0-1 (Burns-Absent)
ORDINANCES FOR INTRODUCTION
17. 23-750 Approved for introduction Ordinance No. 4302 amending Huntington
Beach Municipal Code (HBMC) Chapter 10.84 relating to bicycle
regulations
Recommended Action:
Approve for introduction Ordinance No. 4302, "An Ordinance of the City Council of the Cityof
Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating
to Bicycle Regulations."
Approved 6-0-1 (Burns-Absent) as amended to remove 10.84.140(b) g. "Riding the
conveyance in the manner other than it was designed."
Page 6 of 8
ORDINANCE NO. 4302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTIN TON BEACH
AMENDING CHAPTER 10.84 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO BICYCLE REGULATIONS/.
The City Council of the City of Huntington Beach does hereb ordain as follows:
SECTION 1. That Section 10,84.005 of the Huntington e
.: ach Municipal Code, is
hereby amended to read as follows:
10.84.005 Definitions
For the purpose of this Chapter,the following ords and phrases are defined as follows:
"Bicycle" is a device upon which any pers�P- may ride,propelled by human power
through a system of belts, chains, or gears, and hiving either two or three wheels in a tandem or
tricycle arrangement. I
"Bicycle path"is a pathway for bi ic'le riders that has been physically separated from a
roadway.
"Electric Bicycle"is a bicyc e equipped with fully operable pedals and an electric motor
of less than 750 watts as defined b California Vehicle Code Section 312.5(a).
"Highway" is a way or lace of whatever nature, maintained and open to the use of the
public for purposes of vehic tar travel. "Highway"includes street.
"Motor Driven G cle"is a motorcycle with a motor that displaces less than 150cc per
California Vehicle Cod 'Section 405.
Motorized cooter shall have the same definition as that of California Vehicle
Code Section 407 (a).
"Mop or Motorized Bicycle"is any two or three wheeled device having fully
operative pe fils for propulsion by human power, or having no pedals if powered solely by
electrical e/ergy, has an automatic transmission, and a motor which produces less than 4 gross
brake ho epower and is capable of propelling the device at a maximum speed of not more than
30 mile per hour on level ground as defined by California Vehicle Code Section 406(a).
"Pocket Bike" is a two-wheeled motorized device having a seat or saddle for the use of
thy rider that is not designed ors manufactured for highway use. A pocket bike does not include
A off-highway motorcycle, as'defined in California Vehicle Code Section 436."Bicycle lane"is
that portion of a roadway, other than state-and county highways, set aside by striping for the use
of bicycle riders and so designated, as provided in this Chapter.
ORDINANCE NO. 4302
"Police Chief'shall include his or her designated representative.
"Roadway"is that portion of a highway improved, designed, or ordinarily used fq
vehicular travel.
SECTION 2. That Section 10.84.080 of the Huntington Beach Municipal ode is
hereby amended to read as follow:
10.84.080 Reserved.
SECTION 3. That Section 10.84.120 of the Huntington Beach unicipal is hereby
amended to read as follows:
10.84.120 Impounding—Parked Bicycles
No person shall park or leave a bicycle in the area be een Pacific Coast Highway and
the mean high tide line of the Pacific Ocean in a manner sous to block or impede any road,
vehicle route, walkway or path, or so as to block or impede ingress or egress from any building,
stair, pier or bridge. No person shall leave a bicycle to Iced or unlocked in any public place in
excess of 72 hours, or left abandoned as evidenced b signs of disuse or neglect. Any bicycle so
parked or left abandoned may be impounded by th Community & Library Services Department
or by the Police Department. The fee will be co• istent with the HBPD Fee Schedule.
SECTION 4. That Section 10.84.14 I of the Huntington Beach Municipal Code is hereby
added to read as follows:
10.84.140 Riding a Bicycle or imilar Conveyance in an Unsafe Manner
No person shall ride a con -ntional bicycle, electric bicycle,moped, motor-driven cycle,
electric motorcycle, pocket bike, or any other electric conveyance not previously named in an
unsafe,manner on a public ro way,highway, sidewalk,park, or private property open to the
public.
(a) Unsafe manner • "eans a rider violating any existing Huntington Beach Municipal Code,
California Ve .'cle Code, or other existing law. An unsafe manner can also be defined as
operating th; conveyance in such a way as to constitute a danger to the operator, a
passenger, other motorists, other riders, or pedestrians in the area.
(b) Exam? es of riding in an unsafe manner may include, but are not limited to,the following
acti•,, s:
a. Riding on a sidewalk without due caution for pedestrians.
b. Riding on a sidewalk,highway, bicycle path, or bicycle lane against the flow of
traffic.
318313/23-13365 2
ORDINANCE NO. 4302
c. Not yielding to vehicles.or pedestrians when required to by the California V2hicle
Code, /
d. Intentionally swerving or riding around stopped or slowed traffic. ,,�
e. Operating a conveyance in a manner it was not designed for, including carrying
passengers when not designed for carrying passengers. �,,
f. Not obeying posted signs. ,
g. Riding the conveyance in a manner other than it was designed!"
h. A person under the age of 18 riding without a properly fitted and fastened helmet.
i. Intentionally lifting one or more wheels into the air while'riding on a highway,
sidewalk, bicycle lane, or bicycle path. ``Y
j. Riding on a bicycle path, bicycle lane, or sidewalk ara speed greater than 25 mph
or any speed greater than is reasonable or prudent nder the conditions then
existing, or at a speed which endangers the safety of persons or property.
SECTION 5. That Section 10.84.150 of the Huntington Beach Municipal Code is hereby
added to read as follows: ,
10.84.150 Impounding of Bicycle or Similar'Conveyance
If a juvenile subject is cited or arrested fog a violation of any section in this Chapter,the
officer may impound the bicycle to the Huntington Beach Police Department, such that the
conveyance may be released to a responsibl adult. The fee for release will be consistent with the
HBPD Fee schedule. Bicycles impounded,and retained by the Police Department hereunder shall
be considered abandoned after a period irexcess of 90 days and may be disposed of as restricted
by Civil Code Sections 2080.1, 2080.2,2080.3, 2080.4 and 2080.5.
SECTION 6. That Section/0.84.280 of the Huntington Beach Municipal Code is
hereby amended to read as follow"
10.84.280 Reserved.
SECTION 7. This ordinance shall become effective 30 days after its adoption.
318313/23-13365 3
ORDINANCE NO. 4302
PASSED AND ADOPTED by the City Council of the City of Huntington Beachr t a
regular meeting thereof held on the day of , 2023/
ATTEST:
Mayor
City Clerk
APPROVED AS FORM:
REVIEWED AND APPROVED: C(. (
City At orney
City Manager INITIAM1 ND P ROVED.
Poli e 'ef
318313/23-13365 4
.
Council/Agency Meeting Held: 9- - -O y
Deferred/Continued to:
:IA-Approved CI Conditionally proved ❑ Denied Cit I rk's ignat
Council Meeting Date: 7/6/2009 Department ID Number: CA 09-17
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGr-A$' ity Attorney
PREPARED BY: Jennifer McG tilCity Attorney
SUBJECT: Adoption of Resolution to Increase Civil Fine Amounts
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: In the last ten years, only fine amounts for specific violations of
Huntington Beach Municipal Code relating to business regulations and zoning have been
increased. The fine amounts for other civil violations of the Huntington Beach Municipal Code
should be increased.
Funding Source: No funds required. •
Recommended Action: Motion to:Adopt Resolution No. 2009-34 "A RESOLUTION OF
• THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING AND RESTATING
THE FEE SCHEDULE FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS."
Alternative Action(s): Do no adopt Resolution No. 2009-34 .
Analysis: In 1998, the City established an administrative citation program (Chapter 1.18 of
the HBMC). At that time, fines for civil violations were set by Resolution No. 98-43. Since
that time, the fine amounts were increased for specific HBMC violations relating to business
regulations and zoning; however, fines for non-specific violations have not increased in more
than 10 years. Staff is recommending a $25.00 increase for the first violation, a $50.00
increase for the second violation, and a $100.00 increase for the third violation in a twelve
month period. These new fine amounts would apply to violations such as dogs off leash,
newsrack violations, cell phone usage in the library, and violations of beach and pier
regulations.
•
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/6/2009 DEPARTMENT ID NUMBER: CA 09-17
Strategic Plan Goal: Maintain and enhance public safety; maintain and enhance our
financial reserves.
Environmental Status: Not applicable
Attachment(s):
City'Clerk's. - � _. ..... r ,. ._.. . �. ,. .. .. ._
Page Number N.o,. Description . •- •
• a:
1. Resolution No. 2009-34 titled"A Resolution of the City Council
of the City of Huntington Beach Revising and Restating the Fee
Schedule for Civil Fines for Municipal Code Violations."
•
•
•
•
-2- 6/9/2009 2:15 PM
ATTACHMENT NO . 1
RESOLUTION NO. 2009-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REVISING AND RESTATING THE FEE SCHEDULE
FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS
WHEREAS, Resolution No. 2004-79 was adopted by City Council first setting the civil fines,
interest and penalties to persons who are issued Administrative Citations pursuant to Chapter 1.18 of the
Huntington Beach Municipal Code;and
Section 1.18.070 of the Municipal Code provides that the fines, interest and penalties shall be set
by the City Council by resolution; and
•
The civil fine amounts for specific violations of the Municipal Code were increased in 2007.
However,fine amounts for miscellaneous violations of the Municipal Code have not been increased for
over ten years,while the CPI has increased several times during the last decade;and •
The City Council has considered this matter and has determined to increase and set forth the
specific fines, interest and penalties for various code violations,
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Huntington Beach
as follows:
1. The civil fines, interest and penalties and implementing provisions for violations of the
Municipal Code pursuant to Chapter 1.18 shall be those as specified in Schedule 1, attached hereto and
incorporated herein. The increased fine amounts are in boldface type.
2. These fines, interest and penalties are subject to the provisions of said Chapter 1.18 and
shall remain in force until changed by a new resolution of the City Council.
3. Resolution No. 2007-22 and all other resolutions in conflict herewith are hereby
repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 6th day of July ,2009.
•
Mayor •
•
REVIE APPROVED: •
INTT D AND APPRO TO FORM:
Ci A nistrator
Ci Atto ey
•
07-875.00234223 I '
Resolution No. 2009-34
SCHEDULE 1
FINES,INTEREST,AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS
1. Fines. Violations of the Municipal Code of the City of Huntington Beach shall be subject to the
fines shown below. A subsequent violation is any violation where the citee was cited one or
more times in the preceding 12 months for the same violation, unless the violation was cancelled
pursuant to Chapter 1.18.
FINE AMOUNT FINE AMOUNT FINE AMOUNT-
CODE FOR FIRST FOR SECOND SUBSEQUENT
SECTION VIOLATION: VIOLATION: VIOLATIONS
Violation of HBMC Titles 5, 8, 17 $250 $500 $1,000
and HB Zoning & Subdivision
Ordinance(EXCEPT for violation of
Section 9.52.010 and Huntington•
Beach Fire Code Section 7802.3 as
Adopted by Huntington Beach
Municipal Code Section 17.56.010)
Violation of Huntington Beach Fire $500 $1,000 $1,000
Code Section 7802.3 as Adopted by
Huntington Beach Municipal Code
Section 17.56.010.
Violation of Huntington Beach
Municipal Code Section 9.52:010 $500 $1,000 $1,000
Violation of all other Code sections. $125 $250 $600
2. Interest on Fines. Interest shall accrue upon all delinquent fines and penalties at the annual rate
of 18 per cent. This interest will be imposed and collected according to the discretion of the
City Treasurer upon considering such factors bearing on practicability as to the cost to compute
the interest owed,the amount of interest due, and its collectability. The purpose of granting this
discretion to the Treasurer is to not require collection of interest when it would not be cost
effective.. •
•
3. Late Payment Penalties. A $25 late payment penalty shall be owed for fines not paid within 30 •
days of their due date. The Treasurer shall have the same discretion over collection of late
penalties as for interest as set forth in paragraph 2 above.
4. Collections. Fines that are delinquent for 60 days or more and total at least $250 shall be
processed through the abatement and/or assessment procedures specified in section 1.18.150 of
the Municipal Code. All other delinquent fines may be referred to a collection agency as
determined by the City Treasurer.
•
07 275.00234223 2
•
Res. No. 2009-34
•
•
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN•L. FLYNN 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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on July 6, 2009 by the following vote:
•
AYES: Carchio, Bohr, Coerper, Hansen
NOES: Dwyer
ABSENT: Green, Hardy
ABSTAIN: None
•
•
6:7(.01
. A
If Clerk and ex-office Clerk of the
City Council of the City of
• . Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Adopt Resolution to Increase Civil Fine Amounts
COUNCIL MEETING DATE: July 6, 2009
RCA ATTACHMENTS STATUS
Ordinance(w/exhibits& legislative draft if applicable) Attached 0
Not Applicable El •
Resolution (w/exhibits&legislative draft if applicable) Attached N
Not Applicable El
Tract Map, Location Map and/or other Exhibits - Attached 0
Not Applicable El
Contract/Agreement(w/exhibits if applicable) Attached 0
. (Signed in full by the City Attorney). Not Applicable EI
Subleases, Third Party Agreements, etc. Attached ID
(Approved as to form by City Attorney) Not Applicable El
Certificates of Insurance (Approved by the City Attorney) Attached 0
Not Applicable El
Fiscal Impact Statement (Unbudgeted, over$5,000) Attached 0
Not Applicable [0
Bonds (If applicable) Attached 0
Not Applicable EA
Staff Report(If applicable) Attached D
Not Applicable 10
Commission, Board or Committee Report(If applicable) Attached 0
Not Applicable El
Findings/Conditions for Approval and/or Denial Attached 0
Not Applicable El
EXPLANATION FOR EVAISJONG ATTACHMENTS
r---- ReceVED \
REVIEWED „ , _0 9(ito • \ R,E, )T ED FOR.4,-DED
,
Administrative Staff 1 . uv" __..,„=nr14 •••••"---
1 ( ( S. _)
Deputy City Administrator(Ibitial) IT'c,r;A:; bi- it ( ) ( iffbl. )
City Administrator(Initial) .._,.. -------- ( ) (le )
City Clerk ( ) /
EXPLANATION FOR RETURN OF ITEM:
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RCA Author: 34228-JM
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----�_ --1 _ - Recommendation for updated
•- - , Municipal Code
•. - v. :• , September 19th 2023
•< 7.641`016)... /7, 1 9 0 s‘;,.40v*. c\) 0 0
' .06.-1140,1110-
••�...• `` / Lieutenant Thoby Archer
V
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vt ,,#NT
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•
•
Why is this update necessary?
. . _ _ . . . . _ . _ ___ . . .. . ._ . ..
. .
. ,
-11 CLASS 1 . - - ' ,- CLASS 2 --,''- -:,,,:, CLASS 3
!
1 1 1 PEDAL ASSIST/ PEDELEC ;' ,,..,i THROTTLE CONTROL.]: !-:-.. , SPEED PEDELEC i -.. ..
,
.t1 O REQUIRES PEDALING ;''' , 1 ' 0 DOES NOT REQUIRE PEDALING ',, • REQUIRES PEDALING
(FULL-THROTTLE)
.i 0 CAN ONLY BE ACTIVATED 41.!.CONSIDERED TO BE THE
THROUGH THE ACTION, ,` 0 EQUIPPED'WITH A MOTOR THAT
Ar
"-- EISLECMONETNREOLLED BY A THROTTLE
' FASTEST LEGAL"
" - .dirdnip. I
OF PEDALLING .:' --,2 :i- -_''''ELECTRIC BIKE ' '
20 MPH 20 MPH ' • ' .,r-,---:- '1,1.
28 MPH
_ r',.-..,,,,H- ,
OR
`14/ 1°'' E1AX SPEED MAX,SPEED .P 0 RA r4-1) AO Illikillik !k''....,az-l_ _ MAX.SPEED _ ., , :3'e:0
0 ' ( 'I
NO NEED FOR DRIVER ',.., '':-;- . NO NEED FOR DRIVER'S.' .,,,,,' , i'.0- NO NEED PH11111[11 DRIVER
LICENSE . ' ''`,.. r - LICENSE
-
._ _ .__-- • ,,,..--
1: '''``': ' / `:`LICENSE* . .
1 • 0 NO AGE LIMIT 0 NO AGE LIMIT . .._.k.''' . 0 16 OR 17 YEARS OLD
AND ABOVE ..
-- -- -- .
_. ._ ___
. --7.:_.. 1 . . . . •. . .
----------
•
•
•
Why is this update necessary?
........,. . .„ --
`� d Asti f �!. j(i .'
.
�. $bp. r ij :. ,; CLASS 1 CLASS 2 CLASS 3
�� F i, �: ,� Alf �i
:ttion„!...„,� '� '; ' PEDAL ASSIST/ PEDELEC , THROTTLE CONTROL �' SPEE'D,PEDELEC , .
.'[tea _.___ .
0 REQUIRES PEDALING 0.. DDES NGT REQUIRE PEDALING .#: 0 REQUIRES PEDALING" -
. *,.1` ;•
• F: (FULL-THRDTTLEI ,
• 0 CAN GNLY�DE ACTIVATED 'EQUIPPED t ITH•'A,MOTOR THAT � e`FASTEST LEGALBE THE
1 HRDUGH THE ACTfDN
�� --. .. ,ELEMENTDLLED BY A THROTTLE;
�� :. . OF PEOALLIN6 << t' �kLECTRIC`BIKE
i
T I-NGTD f
f.
RPOR � ` 4--:••••�.�. `` 20 MPH :�' 20 MPH � � .; 28 MPH
��QH. �IG.4 MAX SPEED ,, �_- MAX.SPEED i` > ` ...� HpX SPEED
== � � .Ilk' _
,,�, h1 � I • u'-; �. •
NO NEED.FDR DRIVER'S
0 NO NEED FDR DRIVER S `' 0 NO HEED.FOR DRIVERS '0
t, Y l �,.,,�.. 1 � - ��% LICENSE. ;`• �LIGENSE �` LICENSE*
�°
0NO AGE LIMIT Q.;NO AGE LIRIIT Q 16 OR-1� YEARS OLD
•
•
��; � \1 IAt-
� ' E-. AND ADDVE
/ may/ / _
Why is this update necessary?
• Many of the newer "bicycles" do not
conform to existing laws
• Some laws are confusing and vague as to
whether they apply
• Creates a comprehensive section that
covers all types of electric conveyances ,/v �
• Provides ability for civil or criminal / * TiNGro
0 �pRPOR,gT •, <9
citations t� Fp ••
_ _ ••• (r,v,
1 _ ��u ••
"'tea.. • _ r `t/'• •
,
What it Ch
• Adds definitions of different electric
bicycles
• Updates fee schedules to be consistent
with existing Council Resolutions
• Provides authority to impound some of
,404K��%., illegal models from juveniles
N/40
NZ‘‘) • an • •• "1"--, • Adds a section for unsafe riding
tka
.• pRPORq `••� `►
1444
V i I _ /`' p : •
What does it Change ?
"Electric Bicycle' is a bicycle equipped with fully operable pedals and an electric motor
of less than 750 watts as defined by California Vehicle Code 312.5(a).
"Motor Driven Cycle" is a motorcycle with a motor that displaces less than 150cc per
Califomi. Vehicle Code 405.
"Moped or Motorized Bicycle" is any two or three wheeled device having fully operative
pedals for propulsion by human power, or having no pedals if powered solely by electrical
energy, has an automatic transmission, and a motor which 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 as defined by California Vehicle Code 406(a).
iusts,
u lb" "Pocket Bike" is a two-Wheeled motorized device having a seat or saddle for the use of the
/1/ '1464\ rider that is not designed or manufactured for highway use. A pocket bike does not include
/ an off-highway motorcycle, as defined in California Vehicle Code 436.
‘
4,7&
- - -
—• nT
What does it Change ?
No person shall ride a conventional bicycle, electric bicycle. moped, motor-driven cycle,
electric motorcycle, pocket bike, or any other electric conveyance not previously named
in an unsafe manner on a public roadway, highway. sidewalk, park, or private property
open to the public_
(a) Unsafe manner means a rider violating any existing Huntington Beach Municipal
Code, California Vehicle Code, or other existing law_ An unsafe manner can also
be defined as operating the conveyance in such a way as to constitute a danger
to the operator, a passenger, other motorists_ other riders, or pedestrians in the
area.
(b) Examples of riding in an unsafe manner may include, but are not limited to the
dorml„, following actions:
Ga_ Riding on a sidewalk without due caution for pedestrians_
OA/ II. b. Riding on a sidewalk, against the flow of traffic.
c. Not yielding to vehicles or pedestrians when required to by the California
1%kk Vehicle Code.
<r‘ d. Intentionally swerving or riding around stopped or slowed traffic_
- 7 - -7 e. Operating a conveyance in a manner it was not designed for, includinq
C.) carrying passengers when not designed for carrying passengers_
Not obeying posted signs.
g. Riding the conveyance in a manner other than it was desioned.
— - —
//,y,
Questions ?
.......................
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•••B• 17, 19 09 ;••�
�°f` •eP10gj'.. �9�. CITY OF HUNTINGTON BEACH
9 _t Memorandum to City Council
% CDUNTV t #'
TO: City Council
Robin Estainslau, City Clerk
FROM: Bo Svendsbo, Captain
CC: Chief Eric Parra
DATE: September 18, 2023
SUBJECT: Supplemental Communication for Item 17 (File # 23-750) on the 9/19/23
City Council Meeting Agenda
This Supplemental Communication provides the redlined version of the changes to
Huntington Beach Municipal Code Section 10 for Ordinance No. 4302.
Additionally, With the passage of this Huntington Beach Municipal Code (HBMC), officers
will have the discretion to enforce this law via Civil Citation or via Criminal Citation. As with
most HBMCs, sections are enforced as a misdemeanor or infraction pursuant to HBMC
1.16.010. HBMC Section 10.84.280 specifically defines violations in this chapter as
infractions.
Officers are trained to use discretion where the law is flexible in order to ensure the spirit of
the law is satisfied. If officers elect to write a criminal citation for a violation of this HBMC,
they can either elect to send the violator to a one-day bicycle safety class, which if
completed, would dismiss the citation, or send the violator to court. Once at court, the
violator may still be offered the bicycle safety class, depending on the judge. If not, the
violator may contest the ticket, the same as any other traffic violation.
If the officer elects to write a Civil Citation, the violator would be subject to a $125 violation
for the first offense, $250 for the second, and $500 for the third. The penalty is sent
directly to the City of Huntington Beach and cannot be dismissed by taking a bicycle safety
class. Of note, a civil citation does not affect the violator's driver's license status. i.e. if a
juvenile receives a ticket, they would not be subject to having a point on their record.
The impound and confiscation costs have not been established yet, but would be set with
the upcoming fee study. It is likely theses fees will range from $50-$150.
LEGISLATIVE DRAFT
HBMC 10.84
Chapter 10.84 BICYCLE REGULATIONS
10.84.005 Definitions
For the purpose of this chapter,the following words and phrases are defined as follows:
"Bicycle"is a device upon which any person may ride,propelled exelny by human power through a
system of belts,chains, or gears,and having either two or three wheels in a tandem or tricycle
arrangement.
"Bicycle lane" is that portion of a roadway, other than state and county highways, set aside by striping for
the use of bicycle riders and so designated,as provided in this chapter.
"Bicycle path"is a pathway for bicycle riders that has been physically separated from a roadway.
"Electric Bicycle"is a bicycle equipped with fully operable pedals and an electric motor of less than 750
watts as defined by California Vehicle Code Section 312.5(a),
"Highway"is a way or place of whatever nature,maintained and open to the use of the public for
purposes of vehicular travel."Highway" includes street.
Moped or Motorized Bicycle" is any two or three wheeled device having fully operative pedals for
propulsion by human power,or having no pedals if powered solely by electrical energy, has an automatic
transmission, and a motor which 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 as defmed by
California Vehicle Code Section 406(a).
"Motor Driven Cycle" is a motorcycle with a motor that displaces less than 150cc per California Vehicle
Code Section 405.
"Motorized scooter- shall have the same definition as that of California Vehicle Code Section 407.5(a).
"Pocket Bike" is a two-wheeled motorized device having a seat or saddle for the use of the rider that
is not designed or manufactured for highway use. A pocket bike does not include an off-highway
motorcycle,as defined in California Vehicle Code 436,
"Police Chief'shall include his or her designated representative.
"Roadway"is that portion of a highway improved,designed,or ordinarily used for vehicular travel.
10.84.080 Reserved.
•
> >
,
12/72, 1969 1/75, 3602 5/03)
10.84.120 Impounding—Parked Bicycles
No person shall park or leave a bicycle in the area between Pacific Coast Highway and the mean high tide
line of the Pacific Ocean in a manner so as to block or impede any road,vehicle route,walkway or path,
or so as to block or impede ingress or egress from any building, stair,pier or bridge.No person shall leave
a bicycle locked or unlocked in any public place in excess of 72 hours,or left abandoned as evidenced by
signs of disuse or neglect.Any bicycle so parked or left abandoned may be impounded by the Community
&Library Services Department or by the Police Department. The fee will be consistent with the HMPD
1 ,
B 1 '.1 : 1 • = M • - • 11 • I - 1 •.- •1 - 1 I LI 1 1
No person shall ride a conventional bicvcle, electric bicycle mowed, motor-driven cycle, electric
motorcycle, pocket bike, or any other electric conveyance not previously named in an unsafe
manner on a public roadway, hi•hwa sidewalk sark or .rivat- .ro•ert • •en to he .ubli
(a) Unsafe manner means a rider violatin. . existin' Huntin.ton B-. h Munici•al C.•e
California Vehicle Code, or other existing law. An unsafe manner can also be defined as
operating the conveyance in such a way as to constitute a danger to the operator, a
passenger, other motorists, other riders, or pedestrians in the area.
(b) Examples of riding in an unsafe manner may include, but are not limited to, the following
actions:
a. Riding on a sidewalk without due caution for pedestrians.
b. Riding on a sidewalk, highway, bicycle path, or bicycle lane against the flow of
traffic.
c. Not yielding to vehicles or pedestrians when required to by the California Vehicle
Code.
d. Intentionally swerving or riding around stopped or slowed traffic.
e. Operating a conveyance in a manner it was not designed for, including carrying
passengers when not designed for carrying passengers.
f. Not obeying posted signs.
g. Riding the conveyance in a manner other than it was designed.
h. A person under the a.e of 18 ri•in, with.u •ro•-rl fi -. and fastene• h-lmet.
i. Intentionally lifting one or more wheels into the air while riding on a highway,
sidewalk, bicycle lane, or bicycle path,
j. Riding on a bicycle path, bicycle lane, or sidewalk at a speed greater than 25 mph
or any speed greater than is reasonable or prudent under the conditions then
existing, or at a speed which endangers the safety of persons or property.
10.84.150 Impounding of Bicycle or Similar Conveyance
If a juvenile sub'e t is it-d or an- ted for a visl.tion of an section in thi hater the .ffi er
may impound the bicycle to the Huntington Bea ch Police Department, such that the conveyance
may be released to a responsible adult. The fee for release will be consistent with the HBPD Fee
schedule. Bicycles impounded and retained by the Police Department hereunder shall be
considered abandoned after a period in excess of 90 days and may be disposed of as restricted by
Civil Code Sections 2080.1, 2080.2, 2080.3, 2080.4 and 2080.5.
10.84.280 Penalty Reserved.
$100.00. (1913 5/74, 2059 6/76, 2118 1/77)
Moore, Tania
From: Levin, Shannon
Sent: Monday, September 18, 2023 12:05 PM
To: supplementalcomm@surfcity-hb.org
Subject: FW: Bicycle ordinance being proposed
From: Rhys rburchill<rburchill99@gmail.com>
Sent:Sunday,September 17, 2023 9:26 PM
To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject: Bicycle ordinance being proposed
Honorable Members of the Huntington Beach City Council:
Before the meeting would it be possible to view the ordinance regarding bicycles that the Council has on this
Tuesday's, 9/19/23, Council meeting agenda? I am interested in the ordinance language specifically. And
particularly what the enforcement provisions are.
As the retired director of a CA State agency legislation was an important part of my job. I support any effort
that would save not only the youngsters we see risking their lives on a daily basis as well as the additional
danger that both pedestrians and drivers are the being subjected to.
Thank you most kindly.
Rhys Burchill
21081 White Horse Ln, Huntington Beach, CA 92646
Email: rburchill99�agmail.com
SUPPLEMENTAL
COMMUNICATION
Meetirla . _._
1 Agenda Item so.L1245.-2,s2L
Switzer, Donna
•
From: Fikes, Cathy
Sent: Thursday, September 21, 2023 8:38 AM
To: Agenda Alerts
Subject: FW: E- bikes
Original Message
From:John Palomares<hblocalh2o@gmail.com>
Sent:Wednesday,September 20, 2023 1:53 PM
To: CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org>
Subject: E-bikes
Hello my name is John Palomares and I watched the council meeting last night in regards to the e-bike situation that is
currently out of control in HB. I think the council is headed in the right direction but I think there needs to be more
clarification of the actual vehicles in question.There are regular Beach cruiser type electric bikes,then there are the sit
down mini bike type (Rad) brand etc. and then there are the Surron type which are electric motorcycles no pedals
capable of speeds upward of 40-60 mph, also there are stand up scooters .The chart that was shown last night stated
that class three requires pedaling(surron)type has no pedals. Hope this helps I am glad to see the council concerned
about this I have lived in HB for 67 years and want to live quite a while longer thank you.
Sent from my iPhone
1
From: Levin,Shannon
To: suoolerrk'ntal-ommS)surfcity-hb.ora
Subject: FW:EBIKES
Date: Thursday,September 21,2023 9:46:06 PM
From:Craig Bradford<cbradford343@gmail.com>
Sent:Thursday,September 21,2023 8:04 PM
To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org>
Subject:EBIKES
40 Craig Bradford
l personally fought the ebike
ban 2 years ago and got it
overturned. This council,
specifically the Fab 4 are doing
the right thing. These kids are
going to get injured and or killed
the way they are riding their
bi kes...but what do I know, only
33 years on the job as a
firefighter/medic.
Sent from my iPhone
ORDINANCE NO. 4302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 10.84 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO BICYCLE REGULATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Section 10.84.005 of the Huntington Beach Municipal Code, is
hereby amended to read as follows:
10.84.005 Definitions
For the purpose of this Chapter, the following words and phrases are defined as follows:
"Bicycle" is a device upon which any person may ride, propelled by human power
through a system of belts, chains, or gears, and having either two or three wheels in a tandem or
tricycle arrangement.
"Bicycle path"is a pathway for bicycle riders that has been physically separated from a
roadway.
"Electric Bicycle"is a bicycle equipped with fully operable pedals and an electric motor
of less than 750 watts as defined by California Vehicle Code Section 312.5(a).
"Highway" is a way or place of whatever nature, maintained and open to the use of the
public for purposes of vehicular travel. "Highway"includes street.
"Motor Driven Cycle"is a motorcycle with a motor that displaces less than 150cc per
California Vehicle Code Section 405.
"Motorized scooter" shall have the same definition as that of California Vehicle
Code Section 407.5(a).
"Moped or Motorized Bicycle" is any two or three wheeled device having fully
operative pedals for propulsion by human power, or having no pedals if powered solely by
electrical energy, has an automatic transmission, and a motor which 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 as defined by California Vehicle Code Section 406(a).
"Pocket Bike" is a two-wheeled motorized device having a seat or saddle for the use of
the rider that is not designed or manufactured for highway use. A pocket bike does not include
an off-highway motorcycle, as defined in California Vehicle Code Section 436.`Bicycle lane" is
that portion of a roadway, other than state-and county highways, set aside by striping for the use
of bicycle riders and so designated, as provided in this Chapter.
ORDINANCE NO. 4302
"Police Chief' shall include his or her designated representative.
"Roadway" is that portion of a highway improved, designed, or ordinarily used for
vehicular travel.
SECTION 2. That Section 10.84.080 of the Huntington Beach Municipal Code is
hereby amended to read as follow:
10.84.080 Reserved.
SECTION 3. That Section 10.84.120 of the Huntington Beach Municipal is hereby
amended to read as follows:
10.84.120 Impounding—Parked Bicycles
No person shall park or leave a bicycle in the area between Pacific Coast Highway and
the mean high tide line of the Pacific Ocean in a manner so as to block or impede any road,
vehicle route, walkway or path, or so as to block or impede ingress or egress from any building,
stair,pier or bridge.No person shall leave a bicycle locked or unlocked in any public place in
excess of 72 hours, or left abandoned as evidenced by signs of disuse or neglect. Any bicycle so
parked or left abandoned may be impounded by the Community &Library Services Department
or by the Police Department. The fee will be consistent with the HBPD Fee Schedule.
SECTION 4. That Section 10.84.140 of the Huntington Beach Municipal Code is hereby
added to read as follows:
10.84.140 Riding a Bicycle or Similar Conveyance in an Unsafe Manner
No person shall ride a conventional bicycle, electric bicycle,moped,motor-driven cycle,
electric motorcycle,pocket bike, or any other electric conveyance not previously named in an
unsafe manner on a public roadway, highway, sidewalk,park, or private property open to the
public.
(a) Unsafe manner means a rider violating any existing Huntington Beach Municipal Code,
California Vehicle Code, or other existing law. An unsafe manner can also be defined as
operating the conveyance in such a way as to constitute a danger to the operator, a
passenger, other motorists, other riders, or pedestrians in the area.
(b) Examples of riding in an unsafe manner may include, but are not limited to,the following
actions:
a. Riding on a sidewalk without due caution for pedestrians.
b. Riding on a sidewalk, highway,bicycle path, or bicycle lane against the flow of
traffic.
318313/23-13365 2
ORDINANCE NO. 4302
c. Not yielding to vehicles or pedestrians when required to by the California Vehicle
Code.
d. Intentionally swerving or riding around stopped or slowed traffic.
e. Operating a conveyance in a manner it was not designed for, including carrying
passengers when not designed for carrying passengers.
f. Not obeying posted signs.
g. A person under the age of 18 riding without a properly fitted and fastened helmet.
h. Intentionally lifting one or more wheels into the air while riding on a highway,
sidewalk,bicycle lane, or bicycle path.
i. Riding on a bicycle path, bicycle lane, or sidewalk at a speed greater than 25 mph
or any speed greater than is reasonable or prudent under the conditions then
existing, or at a speed which endangers the safety of persons or property.
SECTION 5. That Section 10.84.150 of the Huntington Beach Municipal Code is hereby
added to read as follows:
10.84.150 Impounding of Bicycle or Similar Conveyance
If a juvenile subject is cited or arrested for a violation of any section in this Chapter, the
officer may impound the bicycle to the Huntington Beach Police Department, such that the
conveyance may be released to a responsible adult. The fee for release will be consistent with the
HBPD Fee schedule. Bicycles impounded and retained by the Police Department hereunder shall
be considered abandoned after a period in excess of 90 days and may be disposed of as restricted
by Civil Code Sections 2080.1, 2080.2, 2080.3, 2080.4 and 2080.5.
SECTION 6. That Section 10.84.280 of the Huntington Beach Municipal Code is
hereby amended to read as follow:
10.84.280 Reserved.
SECTION 7. This ordinance shall become effective 30 days after its adoption.
318313/23-13365 3
ORDINANCE NO. 4302
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2023.
ATTEST:
Mayor
City Clerk
APPROVED AS FORM:
REVIEWED AND APPROVED:
City Attorney (•
City Manager INITIATE ND AP ROVE .
Police 'ef
•
318313/23-13365 4
ORDINANCE NO. 4302
c. Not yielding to vehicles or pedestrians when required to by the California Vehic
Code.
d. Intentionally swerving or riding around stopped or slowed traffic.
e. Operating a conveyance in a manner it was not designed for, including c• ing
passengers when not designed for carrying passengers.
f. Not obeying posted signs.
g. Riding the conveyance in a manner other than it was designed.
h. A person under the age of 18 riding without a properly fitted an. fastened helmet.
i. Intentionally lifting one or more wheels into the air while rid'r g on a highway,
sidewalk, bicycle lane, or bicycle path.
j. Riding on a bicycle path, bicycle lane, or sidewalk at a s. ed greater than 25 mph
or any speed greater than is reasonable or prudent uncle, the conditions then
existing, or at a speed which endangers the safety of uersons or property.
SECTION 5. That Section 10.84.150 of the Huntington :each Municipal Code is hereby
added to read as follows:
10.84.150 Impounding of Bicycle or Similar Co t veyance
If a juvenile subject is cited or arrested for a v'olation of any section in this Chapter,the
officer may impound the bicycle to the Huntington :each Police Department, such that the
conveyance may be released to a responsible adu . The fee for release will be consistent with the
HBPD Fee schedule. Bicycles impounded and -tained by the Police Department hereunder shall
be considered abandoned after a period in ex.-ss of 90 days and may be disposed of as restricted
by Civil Code Sections 2080.1, 2080.2, 20:4.3, 2080.4 and 2080.5.
SECTION 6. That Section 10. 4.280 of the Huntington Beach Municipal Code is
hereby amended to read as follow:
10.84.280 Reserved.
SECTION 7. This or. ance shall become effective 30 days after its adoption.
318313/23-13365 3
10.84.120 Impounding—Parked Bicycles
No person shall park or leave a bicycle in the area between Pacific Coast Highway and the mean high tide
line of the Pacific Ocean in a manner so as to block or impede any road,vehicle route,walkway or path,
or so as to block or impede ingress or egress from any building, stair,pier or bridge.No person shall leave
a bicycle locked or unlocked in any public place in excess of 72 hours,or left abandoned as evidenced by
signs of disuse or neglect.Any bicycle so parked or left abandoned may be impounded by the Community
&Library Services Department or by the Police Department. The fee will be consistent with the HMPD
F he 1 . ,
810.84.140 Riding a Bicycle or Similar Conveyance in an Unsafe Manner
No person shall ride a conventional bicycle, electric bicycle, moped,motor-driven cycle}electric
motorc cle.�pocket bike, or any other electric conveyance notpreviously named in an unsafe
manner on a public roadway, highway, sidewalk, park, orprivate nrronerty open to the public
(a) Unsafe manner means a rider violating any existing Huntington Beach Municipal Code,
California Vehicle Code, or other existing law. An unsafe manner can also be defined as
o.eratin. the conveyance in such a way as to constitute a danger to the o.erator a
passenger, other motorists, other riders, or pedestrians in the area.
(b) Examples of riding in an unsafe manner may include,but are not limited to,the following
actions:
a. Riding on a sidewalk without due caution for pedestrians.
b. Riding on a sidewalk,highway,bicycle path, or bicycle lane against the flow of
traffic.
c. Not yielding to vehicles or pedestrians when required to by the California Vehicle
Code.
d. Intentionally swerving or riding around stopped or slowed traffic.
e. Operating a conveyance in a manner it was not designed for, including carrying
passengers when not designed for carrying passengers.
f. Not obeying posted signs.
g. A person under the age of 18 riding without a properly fitted and fastened helmet.
h. Intentionally lifting one or more wheels into the air while riding on a highway,
sidewalk,bicycle lane, or bicycle path.
i. Ridin on a bicycle pathbicycle lane or sidewalk at a speed greater than 25 mph
or any speed greater than is reasonable or prudent under the conditions then
existing, or at a speed which endangers the safety of persons or property.
10.84.150 Impounding of Bicycle or Similar Conveyance
If a'uvenile subject is cited or arrested for a violation of any section in this Chapter,the officer
may impound the bicycle to the Huntington Beach Police Department. such that the conveyance
may be released to a responsible adult. The fee for release will be consistent with the HBPD Fee
schedule. Bicycles impounded and retained by the Police Department hereunder shall be