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Home My WebLink About2021-11-16; City Council; ; Adoption of Ordinance No. CS-410 – Shared MobilityMeeting Date: Nov. 16, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 760-434-5989 Subject: Adoption of Ordinance No. CS-410 – Shared Mobility Devices Districts: All Recommended Action Adopt Ordinance No. CS-410 amending Chapter 10.60 of the Carlsbad Municipal Code regarding shared mobility devices. Executive Summary/Discussion Ordinance No. CS-410 was introduced and first read at the City Council meeting held on Nov. 2, 2021. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, the City Council voted 5-0 to introduce Ordinance No. CS-410. The second reading allows the City Council to adopt the ordinance, which will become effective 30 days after its adoption. Fiscal Analysis Several departments are currently involved with oversight, and would be potentially tagging and impounding shared mobility devices found in violation of this ordinance. Those departments include the City Attorney’s Office, Public Works, Community Development and Police. The city’s current adopted budget provides the necessary resources to support this ordinance as revised. Next Steps The City Clerk will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption of the ordinance. Environmental Evaluation This action does not require environmental review because it does not constitute a “project” within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 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. Public Notification This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Nov. 16, 2021 Item #9 Page 1 of 9 Exhibits 1. Ordinance No. CS-410 Nov. 16, 2021 Item #9 Page 2 of 9 ORDINANCE NO. CS-410 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 10.60 OF THE CARLSBAD MUNICIPAL CODE REGARDING SHARED MOBILITY DEVICES 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, on May 21, 2019, the City Council adopted Ordinance CS-354 which added Chapter 10.60 to the Carlsbad Municipal Code to 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; and WHEREAS, state law requires a city to adopt operation, parking, and maintenance rules, and an agreement between shared mobility service providers and the city, regarding the use of the shared mobility devices in its jurisdiction before a shared mobility device provider may offer shared mobility devices for rent or use within its jurisdiction; and WHEREAS, the agreement between shared mobility service providers and the city shall be in a form as prescribed by the city attorney, who may update the form of this agreement based on applicable state law, and the city manager, or designee, is authorized to sign this agreement on behalf of the city; and WHEREAS, the City Council wishes to amend Chapter 10.60 to impose basic safety and insurance requirements on properly-licensed shared mobility device providers to meet statewide standards and regulate the operation of shared mobility device providers by requiring that rental of shared mobility devices occur on private property; and NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. Carlsbad Municipal Code Chapter 10.60 is amended to read as follows: Nov. 16, 2021 Item #9 Page 3 of 9 Chapter 10.60 SHARED MOBILITY DEVICES Sections: 10.60.010 Purpose. 10.60.020 Definitions. 10.60.030 Prohibited conduct. 10.60.040 Shared Mobility Service Provider Agreement; Indemnity and Insurance Requirements. 10.60.050 Impoundment of devices. 10.60.060 Administrative regulations. 10.60.070 Post summary abatement hearing procedures. 10.60.080 Enforcement. 10.60.090 Severability. 10.60.010 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. The City of Carlsbad is host to many visitors and residents who have a need for transportation to various destinations in the city. One of the means to accommodate this demand for transportation is through shared mobility devices. The ability of visitors and residents to access the various areas of the city is important to the enjoyment of the community and to the local economy. The purpose of this chapter is to balance these transportation demands and needs of the public with consumer protection and public safety concerns. The purpose of this chapter is to (1) impose basic safety and insurance requirements on properly-licensed shared mobility device providers to meet statewide standards and (2) regulate the operation of shared mobility device providers by requiring that rental of shared mobility devices occur on private property. 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. Nov. 16, 2021 Item #9 Page 4 of 9 “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” has the same meaning as in Section 6.16.010 which includes, but is not limited to, 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” has the same meaning as in California Civil Code Section 2505, as it may be amended from time to time. “Shared mobility service provider” has the same meaning as in California Civil Code Section 2505, as it may be amended from time to time. 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 any public area or public right-of-way; B. Display, offer or make available for rent any shared mobility device in any public area or public right-of-way via a digital application or other electronic or digital platform. C. Abandon a shared mobility device in the public right-of-way or a public area; or D. 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. Excepted from this subsection are shared mobility device providers who display, offer or make available for rent any shared mobility device on private property via a digital application or other electronic or digital platform if shared mobility device users pickup and return shared mobility devices on private property. 10.60.040 Shared Mobility Service Provider Agreement; Indemnity and Insurance Requirements. Nov. 16, 2021 Item #9 Page 5 of 9 A. Before distribution of a shared mobility device, a shared mobility service provider shall enter into an agreement with the city. The agreement shall be in a form as prescribed by the city attorney and shall include, but not be limited to, all requirements of California Civil Code Section 2505. The city attorney may update the form of the agreement based on any amendments to California Civil Code Section 2505, or any other provision of law affecting shared mobility devices. The city manager, or designee, is authorized to sign agreements required by this section on behalf of the city. B. Shared mobility service providers shall maintain commercial general liability insurance coverage with a carrier doing business in California, with limits not less than one million dollars ($1,000,000) for each occurrence for bodily injury or property damage, including contractual liability, personal injury, and product liability and completed operations, and not less than five million dollars ($5,000,000) aggregate for all occurrences during the policy period. The insurance shall not exclude coverage for injuries or damages caused by the shared mobility service provider to the shared mobility device user. C. The cancellation of any insurance policy required by this section constitutes a violation of this subsection 10.60.040 and all shared mobility service provider operations shall cease. In order to cure a violation of this subsection, the shared mobility service provider shall provide the city manager, or designee, with a new, valid certificate and policy of insurance that satisfies the requirements of this subsection 10.60.040. 10.60.050 Impoundment of devices. A. In accordance with California 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 10.60.060 tolls the operation of this section. G. The foregoing provisions do not limit the city’s authority to otherwise impound shared mobility devices in accordance with the California Vehicle Code. Nov. 16, 2021 Item #9 Page 6 of 9 10.60.060 Post summary abatement hearing procedures. A. The operator of a shared mobility device that has been impounded in accordance with Section 10.60.050 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 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 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 the hearing officer’s 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 inspection of the violations, sending notices, and for preparing and attending any appeal hearing. Nov. 16, 2021 Item #9 Page 7 of 9 E. The administrative hearing officer’s decision is the final administrative remedy without further administrative appeals. 10.60.070 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. 10.60.080 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. 10.60.090 Severability. If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated. Nov. 16, 2021 Item #9 Page 8 of 9