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HomeMy WebLinkAbout2019-05-21; City Council; CS-354; AN ORDINANCE AMENDING CARLSBAD MUNICIPAL CODE TITLE 10, BY ADDING CHAPTER 10.60 REGARDING SHARED MOBILITY DEVICESORDINANCE 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 California 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 officer 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 administrative costs, including any impound fees and all costs incurred by the city from first discovery of the violations through the appeal process and until compliance 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