HomeMy WebLinkAbout2019-05-14; City Council; ; Amend Carlsbad Municipal Code, Title 10 Vehicles and Traffic, to establish regulations prohibiting shared mobility devices from occupying the public right-of-way and othe~ CITY COUNC I L
~ Staff Report
Meet ing . Date:
To:
From:
Staff Contact:
May 14, 2019
Mayor and City Council
Scott Chadwick, City Manager
Craig Williams, Senior Engineer
craig .williams@carlsbadca .gov or 760-602-2734
CAReview f'Jr1,."
Subject: Amend Carlsbad Municipal Code, Title 10 Vehicles and Traffic, to
establish regulations prohibiting shared mobility devices from occupying
the public right-of-way and other public areas.
Recommended Action
Introduce an Ordinance amending 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
Shared mobility devices, such as dockless shared bikes and scooters, as well as some operators'
deployment methods, have presented regulatory challenges for cities. Shared mobility devices
are likely to appear in the City of Carlsbad in the near future, due to vendor deployments in
nearby jurisdictions. For example, the neighboring cities of Encinitas, Solana Beach and Del Mar
are scheduled to launch a bike-share system through a single vendor (Gotcha) in the summer of
2019.
The proposed ordinance provides the city with tools to prohibit an operator's deployment, and
users' abandonment, of shared mobility devices within the public right-of-way and other public
areas. It also prohibits the placement of those devices in those areas in a manner that
constitutes a public nuisance.
After ordinance adoption, staff would continue to monitor and evaluate shared mobility device
activity in the city and coordinate with neighboring jurisdictions to assess local impacts.
Discussion
Shared Mobility Device Background
Micromobility is a relatively recent term that refers to short (micro) trips (mobility), usually
after using mass transit modes of travel. These trips are often referred to as "first mile/last
mile" portions of a longer transit trip, with the idea that once you arrive at a central station,
your trip is not complete until you arrive at your actual destination. Previously, these trips were
commonly provided via taxis, then shared-mobility providers such as Uber or Lyft. As shared-
mobility options became more prevalent through smartphone apps, less expensive options
such as bike-share and even scooter-share became popular. Shared micromobility trips can
often be substitutes for walking or short vehicle trips.
May 14, 2019 Item #5 Page 1 of 15
In addition to being less expensive, bike-share and scooter-share are also appealing to cities
because they minimize vehicular congestion and parking. For every bike-share or scooter-share
trip, there is generally one less car trip, which is helpful in attaining the city's Climate Action
Plan (CAP) goals and to reduce congestion on city streets. However, the convenience and
popularity of these new transportation modes bring issues that are new to most cities, such as
where bikes and scooters can legally operate and park.
Various communities are experiencing negative impacts from the use and misuse of such
devices. These issues include: parking in the public right-of-way and obstructing vehicle and
pedestrian access; reduced sidewalk area or parking spaces; urban clutter; aggressive
competition/oversupply; use of public land for private purposes; potential public liabilities;
scooter/pedestrian conflicts; scooter/vehicle conflicts; and increased demand for enforcement
resources.
One of the reasons for these negative impacts is because these devices have been launched in
cities throughout the United States without contracts, permits or business licenses. In other
words, these devices are operating without any oversight and/or regulations.
Vendor Requests to Operate
Several north coast cities, including Carlsbad, have encountered vendors who request
permission to operate within their jurisdictions. In August 2018, a scooter-share vendor
approached the City of Carlsbad to request a business license for prospective scooter
operations in the Village area. The city denied the business license because Carlsbad Municipal
Code section 10.58.020 currently prohibits scooter use in the Carlsbad Village area.1 In a similar
vein, the City of Oceanside recently encountered the same vendor who deployed scooters
within their jurisdiction without city permission.
To address potential unregulated vendor operations, other north coast cities have adopted a
shared mobility device ordinance. On Dec. 12, 2018, the City of Solana Beach approved such an
ordinance. The Cities of Del Mar and Encinitas approved similar ordinances in March 2019.
State Laws Applicable to Shared Mobility Devices
The California Vehicle Code (CVC) regulates the rules of the road applicable to bicycle 2 and
scooter3 riders, such as license requirements, speed limits, and other traffic safety rules. The
state has preempted local action related to any provision of the eve, except when the eve
specifically authorizes local regulation. This means cities may only regulate rider use and
operation of shared mobility devices when expressly authorized by the CVC.
The CVC does authorize cities to regulate registration, parking, and operation of bicycles and
scooters on pedestri.an and bicycle facilities, streets, and highways, if not in conflict with the
1 CMC section 10 .58.020: "It is unlawful for any person to ride a skateboard, coaster or any other similar form of
transportation at the following locations: On any sidewalk, public street, public parking lot or public property in the
Carlsbad village area as shown on the map labeled Exhibit A and found on file in the city clerk's office."
2 The Vehicle Code defines "bicycle" as a device with one or more wheels "upon which [a] person may ride,
propelled exclusively by human power through a belt, chain, or gears." CVC sec. 231. An electric bicycle is "a
bicycle equipped with fully operable pedals and an electric motor.of less than 750 watts ." eve sec. 312 .5(a).
3 A scooter is "any two-wheeled device that has handlebars, has a floorboard that is designed to be stood upon
when riding, and is powered by an electric motor" or by a source other than electrica l power. CVC sec. 407.5(a)
and (b). It may also have a driver seat that does not interfere with the ability of the rider to stand and ride, and
may also be designed to be powered by human propulsion.
2
May 14, 2019 Item #5 Page 2 of 15
eve. eve sec. 21206 and 21225. As described below, the eve already regulates certain bicycle
and scooter rider activities, which prevents the city from also regulating those same areas for
traffic purposes. eve sec. 21 and 21100(0)(1).
Applicable eve regulations for bicycle riders include the following:
• eve sections 312.5(b) and 21200-Every person operating a bicycle ore-bicycle on a
street or highway has the same rights and is subject to the same rules as a car driver.
• eve section 21212(a) -Riders under 18 years of age must wear a helmet.
• eve section 21204(b) - A bicycle rider may not carry a passenger unless there is a
separate attached seat for the passenger.
• eve section 21205 - A rider may not carry any object that prevents the rider from
holding the handlebar with at least one hand.
• eve section 21210 - A bicycle may not be left lying on its side on a sidewalk and may not
be parked in a manner that impedes pedestrian traffic.
Applicable eve regulations for scooter riders include the following :
• eve section 21221 -Every person operating a scooter on a street or highway has the
same rights and is subject to the same rules as a driver of a car.
• eve section 22411 -Scooters are subject to a maximum speed limit of 15 miles per hour.
• eve section 21235(b) -Scooters may only be used on streets with a speed limit of less
than 25 miles per hour, unless operated in a bike lane or separated bikeway.
• eve section 21235(g) -Scooters may not be operated on the sidewalk, except to enter
or leave adjacent property.
• eve sections 21235(c) and (d) -Riders must have a valid driver's license or instruction
permit and riders under 18 years of age must wear a helmet.
• eve section 21235(e) and (f) -Scooters may not be used to carry more than one person
and the rider may not carry any object that prevents the rider from holding the
handlebar with at least one hand.
• eve section 21235(i) -Scooters may not be left lying on their sides on a sidewalk or
parked in a manner that impedes pedestrian traffic.
The Police Department currently has authority to enforce the above eve provisions in the city,
and may impound devices under certain circumstances when located on city streets and
sidewalks (such as for obstructing pedestrian traffic on streets, for presenting a hazard, or for
being left unattended for more than 72 hours). See eve sec. 22650-22651 and 22669; eMe sec .
10.12.0l0(A).
Proposed Ordinance
The proposed ordinance would prohibit shared mobility devices from being abandoned (as
defined), placed for rent in the public right-of-way or other public areas, or from being placed in
those areas iii a manner that constitutes a public nuisance. These prohibitions would allow for
adequate pedestrian traffic flow, ensure public safety and maintain publ i c areas free of public
3
May 14, 2019 Item #5 Page 3 of 15
nuisances. Device users could continue to ride or temporarily park a shared bicycle or scooter
within the city's limits in accordance with applicable laws such as the CVC. The ordinance also
allows the city to impound devices that are in violation of its provisions.
Under the proposed ordinance no person may:
1} display, offer or make available for rent any shared mobility device4 in the city;
2} abandon 5 a shared mobility device in the public right-of-way or a public area 6; or
3} 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 nuisance7 •
The above prohibitions are consistent with numerous other shared mobility device ordinances,
including those of other north coast cities.
Although the CVC currently allows the city to impound devices in certain circumstances, the
proposed ordinance includes additional enforcement tools that may be utilized by city staff
outside the police department.8 These include cost recovery through an impound fee,
extending enforcement to public areas outside the public right-of-way, and regulating devices
that are parked legally but are abandoned or placed-for-rent in violation of the ordinance.
Devices that are in violation of the ordinance are deemed to be public nuisances and may be
impounded immediately under the city's authority under California Government Code sections
38771 and 38773. If a device is found in violation, the city may impound it and send the
operator an impoundment notice demanding retrieval of the device within 72 hours of the
notice. To afford these operators adequate due process, the ordinance includes post summary
abatement hearing procedures that allow an operator to dispute the violations underlying the
city's impounding action.
The proposed ordinance also provides for an impound fee if adopted by City Council resolution,
which would account for the city's enforcement, investigation, administration, storage and
impound costs. Although city staff are not currently prepared to propose an impound fee, they
may do so at a future time. In addition to impounding the devices, city staff may enforce the
4 "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.
5 "Abandon" means leaving a shared mobility device unattended in the public right-of-way or a public area upon
termination of a shared mobility device rental use.
6 "Public area" means any outdoor area that is open to the members of the p·ublic for public use, whether owned
or operated by the city or a private party.
7 "Public nuisance" means any condition caused, maintained or permitted to exist which constitutes a threat to the
public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable or free
use of property in a neighborhood, community or to any considerable number of persons. Public nuisance
includes, but is not limited to, obstructing travel upon or blocking access to a public right-of-way and posing an
imminent life safety hazard.
8 Under the eve, only peace officers or an employee engaged in directing traffic or enforcing parking laws and
regulations may impound "vehicles", which include shared mobility devices. See eve sections 22650 and 22651.
4
May 14, 2019 Item #5 Page 4 of 15
ordinance under other provisions of the Carlsbad Municipal Code (Chapter 1.08 and Chapter
1.10 for criminal and administrative enforcement remedies, respectively).
Unlike this proposed ordinance, the ordinances adopted in Del Mar, Solana Beach and Encinitas
permitted negotiated bikeshare pilot programs with the vendor Gotcha. However, at the May 7,
2019 City Council meeting, the City Council directed city staff to not pursue a pilot bike-share
program with the other north coast cities at this time.
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 Shared Mobility Device Ordinance will become effective 30 days after City Council
adoption .
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
This item was noticed in accordance with the Ralph M . Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date. The city clerk shall
certify adoption of this Ordinance and publish it at least once in a newspaper of general
circulation in the City of Carlsbad within 15 days after its adoption.
Exhibits
1. City Council Ordinance.
2. Proposed Shared Mobility Device Ordinance Strikeout/Underline version.
5
May 14, 2019 Item #5 Page 5 of 15
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 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 14, 2019 Item #5 Page 6 of 15
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.
EXHIBIT 1
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 14, 2019 Item #5 Page 7 of 15
EXHIBIT 1
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 14, 2019 Item #5 Page 8 of 15
EXHIBIT 1
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 14, 2019 Item #5 Page 9 of 15
EXHIBIT 1
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
admin i strative 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 14, 2019 Item #5 Page 10 of 15
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_ day of ___ ~ 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
May 14, 2019 Item #5 Page 11 of 15
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.
EXHIBIT 2
The purpose of this chapter is to declare that, un less specifically permitted by this Code, shared
mobility dev ices 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
term ination 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, corporat ion,
· 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 condit ion caused, maintained or permitted to exist that constitutes
a threat to the public 's health, safety and welfare, wh ich includes, but is not limited to,
May 14, 2019 Item #5 Page 12 of 15
EXHIBIT 2
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 d ev ice, 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 simi lar
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 pub lic 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 resolut ion, 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 14, 2019 Item #5 Page 13 of 15
EXHIBIT 2
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 t hat has been impounded in accorda nce
with Sect ion 10 .60 .040 may request a post summary abatement hearing . Th e 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 aba t ement 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 li sted in Section 1.10.040.
D . The post summary abatement hearing shall be conducted by an administ rative
hearing officer in accordance with the following provisions :
1. The fai lure 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 fa i lure 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 additiona l report submitted by the
enforcement officer shall constitute prima 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 fo r 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 inspection of the v iolations,
sending notices, and for preparing and attending any appeal hearing .
May 14, 2019 Item #5 Page 14 of 15
EXHIBIT 2
G . The administrative hearing officer's decision is the final adm inistrative remedy
without further administrative appeals .
10.60.060 Administrative regulations .
The ci t y manager may adopt administrative regulations that are cons istent 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, o r
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 prov ision to other persons not
s imilarly situated or to other circumstances shall not be affected thereby .
May 14, 2019 Item #5 Page 15 of 15
Shared Mobility Ordinance
Paz Gomez, Deputy City Manager, Public Works
Amanda Guy, Deputy City Attorney
May 14, 2019
Recommended Action
•Introduce an Ordinance amending 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.
Background
•Shared mobility devices provide alternative modes of transportation that can reduce traffic and parking demands, and reduce greenhouse gases
–Contribute to implementing elements of CAP, General Plan, Village & Barrio Master Plan and others
•Aggressive deployment experienced by multiple vendors in area
•Numerous serious device-related traffic accidents
•Regulatory framework currently insufficient to address safety and parking concerns
Proposed Ordinance
•Under the proposed ordinance no person may:
1.Display, offer or make available for rent any shared mobility device in the city;
2.Abandon a shared mobility device in the public right-of-way or a public area; or
3.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.
Recommended Action
•Introduce an Ordinance amending 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.
Thank You