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Home My WebLink About2022-04-05; City Council; ; Adoption of Ordinance No . CS-419 - Operation of Regulated Mobility DevicesCA Review CKM ~ CITY COUNC I L '1::1 Staff Report Meeting Date: To: From: Staff Contact: April 5, 2022 Mayor and City Council Scott Chadwick, City Manager Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 442-339-5989 Subject: Adoption of Ordinance No. CS-419 -Operation of Regulated Mobility Devices Districts: All Recommended Action Adopt Ordinance No. CS-419 amending Title 10, Chapter 10.56 of the Carlsbad Municipal Code - operation of regulated mobility devices. Executive Summary/Discussion Ordinance No. CS-419 was introduced and first read at the City Council meeting held on March 22, 2022. On a motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat- Patel, the City Council voted 5-0 to introduce Ordinance No. CS-419. The second reading allows the City Council to adopt the ordinance, which will become effective 30 days after its adoption. Fiscal Analysis While it is anticipated that funding beyond existing budget may be required to enforce the ordinance and fully implement the pre-approved safety course for violators, no additional funding is being requested at this time. The Police Department will continue to use its existing budget to fund operations of the proposed safety course. Following additional fiscal analysis, staff may return to the City Council with a proposed budget and funding request for further consideration and action, if appropriate. The Parks & Recreation Department anticipates that signage along trails regarding the new dismounting requirement can be accommodated within its existing departmental budget. 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 constitute a "project" within the meaning of the California Environmental Quality Act under Ca lifornia 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. April 5, 2022 Item #8 Page 1 of 6 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. Exhibits 1. Ordinance No. CS-419 April 5, 2022 Item #8 Page 2 of 6 ORDINANCE NO. CS-419 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.56 OF THE CARLSBAD MUNICIPAL CODE-OPERATION OF REGULATED MOBILITY DEVICES Exhibit 1 WHEREAS, for the purpose of assuring the safety of pedestrians, including persons with disabilities and others using sidewalks, bike paths, pathways, trails, bike lanes, streets, roads, and highways, California Vehicle Code Section 21282 allows cities to enact ordinances regulating the time, place, and manner of the operation of electric personal assistive mobility devices as defined in California Vehicle Code Section 313; and WHEREAS, California Vehicle Code Section 21225 allows cities to enact ordinances to regulate the registration of motorized scooters and the parking and operation of motorized scooters on pedestrian or bicycle facilities and city streets and highways, if that regulation is not in conflict with the California Vehicle Code; and WHEREAS, the City Council desires to promote the safety of persons using bicycles, electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, shared mobility devices and other similar vehicles (defined herein as "regulated mobility devices"), while maximizing recreational opportunities; and WHEREAS, the City Council has determined that the provisions of this chapter represent reasonable measures and enforcement mechanisms that can be implemented to promote the safe and efficient use of sidewalks, bike paths, pathways, trails, bike lanes, streets, roads, and highways in the city; and WHEREAS, the City Council has made this determination after due consideration of the probability and gravity of potential injuries to persons and property as well as the practicability and cost of implementing measures that would protect against the risk of such injuries. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that : Section 1. Section 2. follows: Chapter 10.56 The above recitations are true and correct. That Chapter 10.56 of the Carlsbad Municipal Code is amended to read as OPERATION OF REGULATED MOBILITY DEVICES Sections: 10.56.010 10.56.020 10.56.030 10.56.040 10.56.050 10.56.010 Definitions. Operation of regulated mobility device. Enforcement. Exemptions. Severa b ility. Definitions. "Bicycle" has the same meaning as in California Vehicle Code Section 231, as it may be amended from time to time. "Electric bicycle" has the same meaning as in California Vehicle Code Section 312.5, as it may be amended from time to time. "Electric personal assistive mobility device" has the same meaning as in California Vehicle Code Section 313, as it may be amended from time to time. "Electrically motorized boards" has the same meaning as in California Vehicle Code Section 313.5, as it may be amended from time to time. "Low speed vehicle" has the same meaning as in California Vehicle Code Section 385.5, as it may be amended from time to time. "Motorized scooter" has the same meaning as in California Vehicle Code Section 407.5, as it may be amended from time to time. "Operator" means a person who owns, operates, and/or controls a regulated mobility device. "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. "Regulated mobility device" means a bicycle, electric bicycle, electric personal assistive mobility device, electrically motorized board, low-speed vehicle, motorized scooter, shared mobility device, and any other similar vehicle. "Rider" means a traveler riding in or on a regulated mobility device who is not operating it. "Shared mobility device" has the same meaning as in California Civil Code Section 2505, as it may be amended from time to time. "Vehicle" has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time. 10.56.020 Operation of regulated mobility devices. A. Prohibition of regulated mobility devices where posted. It is prohibited to operate or ride on a regulated mobility device in public areas where such prohibition is posted by signs or as otherwise set forth in this ordinance. A list of public locations where regulated mobility devices are prohibited shall be on file in the city clerk's office. The list may be amended from time to time by resolution of the city council. B. No operating or riding on sidewalks and public facilities. No person shall operate or ride a regulated mobility device upon any sidewalk, in any public drainage facility, culvert, ditch, channel, or any other public athletic/sports court, or gymnasium in the city. C. Duty to operate with due care, reduce speed. 1. The operator of a regulated mobility device shall exercise all due care and shall reduce the speed of the device, obey all traffic control devices, and take all other action relating to operation of the device as necessary to safeguard the operator, passengers, and any persons or other vehicles or devices in the immediate area. It shall also be unlawful to transport any other person upon the bar, handle bars, floorboard or other area of regulated mobility device not designed for passenger riding or designed for a single person, or cling to or attach oneself or one's regulated mobility device with an operator or rider on board to any moving vehicle or motorized or non-motorized wheeled device. 2. Persons operating or riding a regulated mobility device on a city trail must dismount the regulated mobility device where the trail width is less than 5 feet and a pedestrian or equine is within a distance of 50 feet from the regulated mobility device. 10.56.030 Enforcement. In lieu of a fine or administrative citation as authorized by this code, and in lieu of filing charges in any court having jurisdiction over a violation, the police chief or designee may allow a violator of this chapter to complete a police department provided safety course for regulated mobility devices. 10.56.040 Exemptions. A. Public agency personnel. Notwithstanding any other provision of this chapter, or any other section of this code, city and public agency personnel may operate regulated mobility devices or other vehicles at any place in the city in the performance of their official duties. B. Disability. This chapter is not intended to apply to or otherwise restrict regulated mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.). 10.56.050 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 will not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated. 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 22nd day of March, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of April, 2022, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby. NAYS: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: tuv/4:l l~Ho-f~,~-~tU/27~~ CELIA A. BREWER, City Attorney _1 w -M-A+I....LfJH""A'b-'LhL"-, ,_M.....;a;...,y.._o_r ________ _ -H,( FAVIOLA MEDINA, City Clerk Services Manager {SEAL)