HomeMy WebLinkAbout2019-05-21; City Council; ; Adoption of Ordinance No. CS-354-Amending Carlsbad Municipal Code Title 10 Vehicles and Traffic, to Establish Regulations Prohibiting Shared Mobility Devices from Occupyi~ CITY COUNC I L
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
May 21, 2019
Mayor and City Council
Scott Chadwick, City Manager
Sheila Cobian, City Clerk Services Manager
sheila .cobian@carl sbadca .gov or 760-434-2917
CAReview v,.,O
Subject: Adoption of Ord i nance No. CS-354-Amending Carlsbad Municipal Code
Title 10 Vehicles and Traffic, to Establish Regulations Prohibiting Shared
Mobility Devices from Occupying the Publ i c Right-_of-Way and other
Public Areas.
Recommended Action
Adopt Ordinance No. CS-354 amend i ng Carlsbad Municipal Code Title 10, Vehicles and Traffic,
by adding Chapter 10.60 Shared Mobility Devices to establish regulations that prohibit shared
mobility devices from being abandoned in the public right-of-way or other public areas, from
being placed for rent in those areas, and from presenting a public nuisance.
Executive Summary /Discussion
Ordinance No . CS-354 was introduced and first read at the City Council meeting held on May
14, 2019. On a motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn,
the City Council voted 5/0 to introduce the Ordinance. The second reading allows the City
Council to adopt the ordinance which will become effective thirty days after adoption.
Fiscal Analysis
Staff oversight of this ordinance does not require any additional staff or capital expenditures,
although several departments will be involved with oversight, potential tagging and
impounding of devices found in violation of this ordinance. Those departments include the City
Attorney's office, Public Works, Community & Economic Development, and Police .
Next Steps
The City Clerk will have the ordinance or a summary of the ordinances published in a
newspaper of general circulation within fifteen days following adoption of the ordinance.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore, does not require environmental review.
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
at least 72 hours prior to the meeting date.
Exhibits
1. Ordinance No. CS-354
May 21, 2019 Item #6 Page 1 of 7
ORDINANCE NO. CS-354
AN ORDINANCE . OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 10, BY ADDING
CHAPTER 10.60 REGARDING SHARED MOBILITY DEVICES
Exhibit 1
WHEREAS, shared mobility devices provide alternative modes of transportation that can reduce
vehicular traffic and parking demands, reduce greenhouse gases consistent with the City of Carlsbad's
Climate Action Plan, and that can facilitate implementation of the city's Mobility Element, Coastal
Mobility Readiness Plan, and the Village & Barrio Master Plan and Parking Plan; and
WHEREAS, the San Diego County region has experienced aggressive deployment by multiple
vendors of shared mobility devices, which include bicycles and scooters which run on electricity or are
propelled by the user; and
WHEREAS, absent a sufficient regulatory framework, the proliferation of shared mobility
devices presents serious safety concerns for pedestrians, bicyclists and drivers by creating hazards in
the public right-of-way and other public areas that impede circulation and paths of travel; and
WHEREAS, such devices have been involved in a number of traffic accidents in the San Diego
County region, some of which have resulted in serious injuries or death; and
WHEREAS, although the Californ i a Vehicle Code allows the City of Carlsbad to cite shared
mobility device users and to impound devices in certain circumstances, supplemental local legislation
is desirable to provide more comprehensive regulations; and
WHEREAS, the proposed ordinance would regulate shared mobility devices occupying the
public right-of-way and other public areas to ensure adequate pedestrian traffic flow and public safety,
and to maintain public areas free of public nuisances.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows
that:
SECTION I: The above recitations are true and correct.
SECTION II: Carlsbad Municipal Code Chapter 10.60 is amended to read as follows:
May 21, 2019 Item #6 Page 2 of 7
Sections:
10.60.010
10.60.020
10.60.030
10.60.040
10.60.050
10.60.060
10.60.070
10.60.080
10.60.010
Purpose.
Definitions.
Chapter 10.60
SHARED MOBILITY DEVICES
Prohibited conduct.
lmpoundment of devices.
Administrative regulations.
Post summary abatement hearing procedures.
Enforcement.
Severability.
Purpose.
The purpose of this chapter is to declare that, unless specifically permitted by this Code, shared
mobility devices are prohibited from constituting a public nuisance and from being abandoned or
placed for rent in the public right-of-way or other public areas, so as to allow for adequate pedestrian
traffic flow, ensure public safety, and to maintain public areas free of public nuisances.
10.60.020 Definitions.
For the purposes of this chapter, the following definitions apply:
"Abandon" means leaving a shared mobility device unattended in the public right-of-way upon
termination of a shared mobility device rental use.
"City Manager" means the city manager or authorized designee.
"Enforcement official" means any city employee or agent of the city with the authority to enforce any
provision of the municipal code.
"Imminent life safety hazard" means any condition which creates a present, extreme and immediate
danger to life, property, health or public safety.
"Operator" means a person who manages, owns, or operates a shared mobility device business.
"Person" means any natural person, firm, association, business, trust, organization, corporation,
partnership, company, or any other entity, which is recognized by law as the subject of rights
or duties.
"Public area" means any outdoor area that is open to the members of the public for public use,
whether owned or operated by the city or a private party.
"Public nuisance" means any condition caused, maintained or permitted to exist that constitutes a
threat to the public's health, safety and welfare, which includes, but is not limited to,
May 21, 2019 Item #6 Page 3 of 7
obstructing travel upon or blocking access to the public right-of-way and posing an imminent
life safety hazard.
"Public right-of-way" means any public alley, parkway, public transportation path, roadway, sidewalk
or street that is owned, granted by easement, operated or controlled by the city.
"Shared mobility device" means any wheeled transportation device, other than an automobile or
motorcycle, by which a person can be propelled, moved, or drawn; is accessed via an on-
demand portal, whether a smartphone application, membership card, or similar method; is
displayed, placed or offered for rent in any public area or public right-of-way by an operator
for shared use by members of the public; and is available to members of the public in
unstaffed, self-service locations.
10.60.030 Prohibited conduct.
Notwithstanding any other provision of this code, no person may:
A. Display, offer or make available for rent any shared mobility device in the city;
B. Abandon a shared mobility device in the public right-of-way or a public area; or
C. Park, leave standing, leave lying, or otherwise place a shared mobility device in the
public right-of-way or a public area in a manner that constitutes a public nuisance.
10.60.040 lmpoundment of devices.
A. In accordance with Government Code section 38771 et seq., any shared mobility device that is
in violation of this chapter shall constitute a public nuisance and shall be subject to immediate
impoundment by the city manager without prior notice.
B. As soon as practicable, the city manager shall provide written notice of the impoundment to
the operator. An operator shall retrieve its impounded shared mobility device within 72 hours of
written notice from the city manager.
D. No operator may retrieve any impounded shared mobility device from the city except upon
demonstrating proper proof of ownership of the device and payment of any applicable impound fees.
E. The city council may adopt impound fees by resolution, which shall reflect the city's
enforcement, investigation, administration, storage and impound costs. Operators shall bear the
city's costs through a fee charged on any impounded shared mobility device.
F. Any shared mobility device not retrieved from the city within 30 calendar days of being
impounded shall be deemed unclaimed property and may, in the city manager's discretion, be
destroyed or auctioned in accordance with applicable state and local law. A pending post summary
abatement hearing under Section 10.60.050 tolls the operation of this section.
May 21, 2019 Item #6 Page 4 of 7
G. The foregoing provisions do not limit the city's authority to otherwise impound shared
mobility devices in accordance with the State Vehicle Code.
10.60.050 Post summary abatement hearing procedures.
A. The operator of a shared mobility device that has been impounded in accordance with Section
10.60.040 may request a post summary abatement hearing. The request must be submitted in writing
to the city manager within 10 calendar days of the date of the city manager's written notice of
impoundment.
B. The city manager shall schedule a post summary abatement hearing not less than 15 days and
not more than 60 days from the date of the operator's written request.
C. A notice of the post summary abatement hearing shall be served on the operator at least ten
calendar days prior to the date of the hearing. The notice of hearing shall be served by any of the
methods of service listed in Section 1.10.040.
D. The post summary abatement hearing shall be conducted by an administrative hearing officer
in accordance with the following provisions:
1. The failure of any recipient of an impoundment notice to appear at the hearing shall
constitute a failure to exhaust their administrative remedies.
2. An operator's failure to file an appeal shall constitute a waiver of any rights to an
administrative determination of the merits of the impoundment notice and the amount of the
impoundment fees.
3. At the hearing, the operator shall be given the opportunity to testify and to present
evidence concerning the impoundment notice.
4. The impoundment notice and any additional report submitted by the enforcement
officer shall constitute prim a facie evidence of the respective facts contained in those
documents.
5. The administrative hearing officer may continue the hearing and request additional
information from the enforcement offi cer or the operator prior to issuing a written decision.
6. After considering all of the testimony and evidence submitted at the hearing, the
administrative hearing officer shall issue a written decision that lists their reasons for
upholding or canceling the impoundment notice. A written copy of the administrative hearing
officer's decision shall be provided to the operator.
7. The administrative hearing officer may assess the city's reasonable admin istrative
costs, including any impound fees and all costs incurred by the city from first discovery of the
violations through the appeal process and until compl i ance is achieved, such as staff time for
May 21, 2019 Item #6 Page 5 of 7
inspection of the violations, sending notices, and for preparing and attending any appeal
hearing.
G. The administrative hearing officer's decision is the final administrative remedy without further
administrative appeals.
10.60.060 Administrative regulations.
The city manager may adopt administrative regulations that are consistent with and that further the
terms and requirements set forth within this chapter. All such administrative regulations must be in
writing.
10.60.070 Enforcement.
Violation of any provision of this chapter is punishable pursuant to chapter 1.08 of this code, or by
the administrative code enforcement remedies of chapter 1.10 of this code.
10.60.080 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held
invalid, the remainder of the chapter and the application of the provision to other persons not
similarly situated or to other circumstances shall not be affected thereby.
May 21, 2019 Item #6 Page 6 of 7
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 14th
day of May 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 21st day of May 2019, by the following vote, to wit:
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
ABSENT: Hamilton.
APPROVED AS TO FORM AND LEGALITY:
fU & w~ ,,-w, .. ,:;., ""'9r t11~ "1-f'--,
CELIA A. BREWER, City Attorney
(SEAL)
May 21, 2019 Item #6 Page 7 of 7