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HomeMy WebLinkAbout2022-09-06; Traffic and Mobility Commission; ; Ordinance update and proposed amendment: Chapter 10.56 of the Carlsbad Municipal Code – Operation of Regulated Mobility DevicesMeeting Date: Sept. 6, 2022 To: Traffic and Mobility Commission Staff Contact: Scott Meritt, Police Sergeant Scott.meritt@carlsbadca.gov, 442-339-2177 Marissa Kawecki, Deputy City Attorney Marissa.kawecki@carlsbadca.gov, 442-339-2891 Subject: Ordinance update and proposed amendment: Chapter 10.56 of the Carlsbad Municipal Code – Operation of Regulated Mobility Devices Recommended Action Receive an update on the newly-enacted ordinance, Chapter 10.56 of the Carlsbad Municipal Code – Operation of Regulated Mobility Devices; review a proposed amendment to the trail dismount provision in the ordinance and provide feedback. Discussion On Mar. 7, 2022, staff presented a proposed ordinance to the Traffic and Mobility Commission, Chapter 10.56 of the Carlsbad Municipal Code – Operation of Regulated Mobility Devices, for review and comment. The ordinance was intended to address community safety concerns with e-bicycles by regulating e-bicycles and other mobility devices including bicycles. The Commission voted unanimously to recommend the ordinance to the City Council for introduction and adoption, with comments that were relayed to the City Council for consideration. The Commission also requested that staff return in approximately 6 months with an update on the ordinance’s progress. The operation of regulated mobility devices ordinance was introduced by the City Council on Mar. 22, 2022, adopted on Apr. 5, 2022, and became effective on May 5, 2022. Education Update On May 24, 2022, the Carlsbad Unified School District Parent University in collaboration with the Carlsbad Police Department hosted a “Bicycle and E-Bike Safety and Education” presentation at the Pine Avenue Community Center. Presenters included Sergeant Scott Meritt from the Carlsbad Police Department; a Scripps trauma presentation delivered by Dr. Gail Tominaga, Scripps Memorial Hospital La Jolla trauma surgeon; a representative from Pedego; and a video sent from Assemblymember Tasha Boerner Horvath's office in support of bicycle and e-bicycle education. The presentation featured information on bicycle safety, rules of the road and current traffic laws. Dr. Tominaga discussed current injury trends in local trauma Sept. 6, 2022 Item #2 1 centers, shared statistics and types of injuries observed and reinforced the importance of wearing a helmet and learning safe riding skills. E-bicycle test rides were also offered. Approximately 110 people attend the May 24 presentation. The feedback was very positive, with many inquiries about more bicycle and e-bicycle presentations and/or classes in the future. The police department is scheduled to meet on Sept. 15, 2022, with the San Diego Bike Coalition and all K-12 principals in the Carlsbad Unified School District regarding an e-bicycle safety and education class funded by SANDAG and ICommute. The San Diego Bike Coalition currently provides the one-hour class for any school that wants to host it. The police department and other city staff are also coordinating with the San Diego Bike Coalition to potentially bring four city cycling classes to the City of Carlsbad. Additionally, the police department is exploring options for bicycle and e-bicycle certified training for police officers provided by the San Diego Bike Coalition. The police department will continue to collaborate with city schools and the San Diego Bike Coalition to bring e-bicycle classes to the community. Enforcement and Safety/Education Course Statistics: Attached as Exhibit 3 are statistics showing Carlsbad Police Department warnings and citations issued for e-bicycle violations from April 2022 to Aug. 29, 2022. The statistics reflect warnings and citations issued both under the city’s Operation of Regulated Mobility Devices Ordinance (Chapter 10.56) effective May 5, 2022, as well as State Vehicle Code sections applicable to e- bicycles. A total of 34 citations were issued in June 2022 for the Chapter 10.56 violations, 52 such citations in July 2022 and 48 such citations for August 2022 (through Aug. 29, 2022). The police department will continue to collect and track this data over time to determine the impact of the operation of regulated mobility devices ordinance. The police department has collected the following statistics regarding the safety/education course (pursuant to Carlsbad Municipal Code Section 10.56.030), through Aug. 29, 2022: • 90 citations have been screened for participation in the safety/education course • 31 individuals are currently enrolled in the safety/education course • 42 individuals choose not to participate in the safety/education course and will have their citations adjudicated in court • 4 individuals successfully completed the safety/education course Proposed Amendment To date, ordinance enforcement efforts have been concentrated on city streets and sidewalks. Officers have not yet observed or received complaints requiring enforcement on city trails. However, staff and city officials, including the City Manager and council members, have received complaints from bicyclists and bicycle interest groups regarding the impact of the ordinance on trail bicycle riders. Specifically, the San Diego Mountain Biking Association, or SDMBA, the San Diego County Bike Coalition, or SDCBC, and at least one community member have expressed concerns about Carlsbad Municipal Code section 10.56.020(C)(2), the provision Sept. 6, 2022 Item #2 2 requiring regulated mobility device operators to dismount their vehicles within 50 feet of a pedestrian or equine when riding on trails less than 5 feet of width (see Exhibits 4-7). The proposed ordinance amendment striking Carlsbad Municipal Code section 10.56.020(C)(2), the dismount provision described above, is intended to address these community concerns and give regulated mobility devices more autonomy in regulating their conduct on city trails. City staff believes that the pedestrian and equine safety concerns addressed by the dismount provision continue to be captured under Carlsbad Municipal Code section 10.56.020(C). The broader language of subsection (C) regulates various forms of careless and reckless conduct such as failing to yield to pedestrians while on a narrow trail or other pathway, riding a regulated mobility device without a helmet or riding too fast for conditions. Therefore, the amended language will continue to ensure that regulated mobility devices safely operate on trails, while entrusting trail riders to determine the specific precautions to take on a narrow trail, a trail where pedestrians and/or equines are present or any other circumstance that would require the regulated mobility device to exercise reasonable judgment and operate with due care. Necessary Council Action Introduce the ordinance amendment (striking Carlsbad Municipal Code section 10.56.020(C)(2)) at the Sept. 27, 2022, City Council meeting and adopt the ordinance at the following City Council meeting. Next Steps Incorporate the Traffic and Mobility Commission’s comments concerning ordinance implementation and the proposed amendment in the Sept. 27, 2022, City Council staff report. Introduce the revised ordinance to the City Council at the Sep. 27, 2022, City Council meeting, which can be adopted at the following City Council meeting. The ordinance would become effective 30 days after adoption. Exhibits 1.Amended ordinance for Chapter 10.56 of the Carlsbad Municipal Code 2.Amended ordinance for Chapter 10.56 of the Carlsbad Municipal Code with revisions highlighted 3.Chapter 10.56 enforcement statistics 4.Email from San Diego County Bike Coalition dated Mar. 25, 2022 5.Letter from San Diego Mountain Biking Association dated May 5, 2022 6.Letter from San Diego Mountain Biking Association dated July 21, 2022 7.Emails from Matthew Kogan dated May 6, 2022 and May 9, 2022 Sept. 6, 2022 Item #2 3 Exhibit 1 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTION 10.56.020 OPERATION OF REGULATED MOBILITY DEVICES 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 as “regulated mobility devices”), while maximizing recreational opportunities; and WHEREAS, an amendment to Section 10.56.020 of the Carlsbad Municipal Code, which strikes subsection (C)(2) requiring regulated mobility device operators to dismount their devices when riding on city trails of less than 5 feet in width when pedestrians or equines are within 50 feet, would strike a balance of fairness, reasonableness, and safety as between mobility device operators and trail users; and WHEREAS, the City Council has determined that any careless or reckless conduct on city trails, including that conduct originally contemplated by Carlsbad Municipal Code Subsection 10.56.020(C)(2), could still be enforced under Carlsbad Municipal Subsection 10.56.020(C); and WHEREAS, the amended language of Section 10.56.020 of the Carlsbad Municipal Code thereby maintains an enforcement mechanism 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. The above recitations are true and correct. Section 2. That Section 10.56.020 of the Carlsbad Municipal Code is amended to read as follows: 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 chapter. 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. Sept. 6, 2022 Item #2 4 Exhibit 1 2 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. 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, handlebars, 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. Sept. 6, 2022 Item #2 5 Exhibit 1 3 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 ______ day of __________, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. MCMAHON, City Attorney ____________________________________ MATT HALL, Mayor ____________________________________ FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Sept. 6, 2022 Item #2 6 Exhibit 2 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 chapter. 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. 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, handlebars, 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 five feet and a pedestrian or equine is within a distance of 50 feet from the regulated mobility device. Sept. 6, 2022 Item #2 7 Citations April May June July Aug* Total 10.56.020 (c) (1) CMC 28 52 48 128 10.56.020(B) CMC 6 6 21650.1 CVC 1 1 21453 (a) CVC 1 1 21212 (A) CVC 1 1 21201 CVC 1 1 22450(A) CVC 2 2 Total 0 0 36 52 52 140 Warnings April May June July Aug* 10.32.030 CMC 3 3 10.56.020 (c) (1) CMC 7 4 22 33 21212 CVC 1 2 3 21453 (a) CVC 8 8 21650.1 CVC 3 3 21201 CVC 2 2 22450(A) CVC 7 7 Total 00754759 *August statistics are through Aug. 29, 2022 Exhibit 3 Sept. 6, 2022 Item #2 8 Exhibit 4 From: Will Rhatigan [mailto:will@sdbikecoalition.org] Sent: Friday, March 25, 2022 9:07 AM To: Nathan Schmidt <Nathan.Schmidt@carlsbadca.gov> Subject: Carlsbad E-Bike Ordinance Hi Nathan, I hope you're doing well! We recently heard about the new E-Bike safety ordinance passed in Carlsbad, and I have a quick question. While most of this ordinance seems generally reasonable, we're concerned about the section mandating that E-bike riders dismount within 50 feet of pedestrians or equestrians on paths 6 feet or less. In effect, this would ban E-Bikes from any trail that pedestrians and equestrians regularly use-- a regulation that is more or less unprecedented, at least in San Diego County. Could you clarify if this is meant to apply to mountain bike trails, or just pedestrian walkways and roadside trails? Thanks! Will Rhatigan Sept. 6, 2022 Item #2 9 May 5, 2022 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Mayor Hall and Carlsbad City Council Members and staff: The San Diego Mountain Biking Association (SDMBA) and the San Diego County Bicycle Coalition appreciate the opportunity d to collaborate with the City of Carlsbad on projects such as the Veteran’s Memorial Park and to support the mobility and bike/walk efforts of the city. Recently, however, we have become aware of the City of Carlsbad amendment to the Municipal Code regulating mobility devices. While we applaud and support the City’s effort to make the community safer, especially for our younger population, we do strongly oppose one particular aspect of this amendment. The specific amendment: 10.56.020 C. Duty to operate with due care, reduced speed. 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. As written this amendment is not practical in application or enforcement and appears to be well intended but misguided. As an advocacy organization for fair and open access to public trails we are strongly opposed to this particular aspect of the ordinance. The way the ordinance is written there is no practical way for an electric mountain bike (EMTB) or a regular bicycle rider to safely approach and pass a hiker traveling in the same direction on a trail that is 5 feet or less in width. Furthermore, the ordinance as written requires the rider to correctly estimate a 5 foot wide trail and then to correctly estimate what is 50’ from a moving hiker. This scenario sounds ridiculous but this is the exact requirement you have written into your ordinance. We have struggled to find a way to practically implement this requirement of the ordinance and have gone as far as “testing” the application of this section on the Carlsbad trails system at Lake Calavera. We can only say that the results were laughable and posed unintended risks to both the hiker and the rider. Picture a bike rider approaching a hiker on the SDMBA.com PO Box 881491, San Diego, CA 92168 Exhibit 5 Sept. 6, 2022 Item #2 10 trail, having to dismount 50’ away from the hiker, and now somehow running or jogging with the bike to catch up to the hiker then having to run or jog with the bike another 50’ past the hiker before getting back on the bike and riding off. The SDMBA would welcome the opportunity to have a discussion with City representatives of how best to amend this well intended but misguided change to the municipal code. We are strong advocates for trail etiquette and the many programs for promoting trail etiquette. We believe there is an easily reached solution to reaching the admirable goals of the City of Carlsbad to improve the safety of the community that is practical and enforceable. We have requested to speak with city staff about this matter over the past month and have received no no response. We would like to request a meeting/call with appropriate city leadership and staff to begin discussions on this matter. Respectfully, Susie Murphy Executive Director executivedirector@sdmba.com 619-316-1757 Will Rhatigan Advocacy Director San Diego Bicycle Coalition will@sdbikecoalition.org 617-775-9112 Cc: Mayor Matt Hall matt.hall@carlsbadca.gov City Council council@carlsbadca.gov Keith Blackburn keith.blackburn@carlsbadca.gov Peder Norby peder.norby@carlsbadca.gov Priya Bhat-Patel priya.bhat-patel@carlsbadca.gov Teresa Acosta teresa.acosta@carlsbadca.gov SDMBA.com PO Box 881491, San Diego, CA 92168 Sept. 6, 2022 Item #2 11 July 21, 2022 City of Carlsbad Scott Chadwick 1200 Carlsbad Village Dr Carlsbad, CA 92008 manager@carlsbadca.gov RE: SDMBA opposition to City of Carlsbad Municipal Code Title 10, Chapter 10.56 “Operation of Regulated Mobility Devices” Section 10.56.020(C)(2) Dear Mr. Chadwick: The San Diego Mountain Biking Association (SDMBA) is submitting this letter to request review of the City of Carlsbad Municipal Code Title 10, Chapter 10.56 “Operation of Regulated Mobility Devices” Section 10.56.020(C)(2). SDMBA represents our 1900 paid memberships throughout San Diego County. As the leading trail advocacy organization in the county since 1994, the San Diego Mountain Biking Association (SDMBA) has worked to improve trail access for mountain biking in San Diego County. As a 501c3 non profit SDMBA seeks to provide a unified voice for all trail users in public land-use policies advocating for sustainable outdoor recreational opportunities. SDMBA works with federal, state and local jurisdictions and agencies providing trail planning, building, and maintenance expertise with a focus on balancing recreation with environmental stewardship. SDMBA also provides information and education for all trail users regarding trail courtesy and etiquette. SDMBA supports the recent adoption of a much needed amendment to the municipal code to enhance the safety of ebike riders on our city streets. This was a welcome change and something our community needed. However, we are strongly opposed to one section of the amended ordinance. Section 10.56.020(C) (2). “Persons operating or riding a regulated mobility device on a city trail must dismount the regulated mobility device where the trail width is SDMBA.com PO Box 881491, San Diego, CA 92168 Exhibit 6 Sept. 6, 2022 Item #2 12 less than 5 feet and a pedestrian or equine is within a distance of 50 feet from the regulated mobility device” This dismount within 50 feet rule is unprecedented and not consistent with the intent of the amended ordinance to create a safer environment for operations of ebikes on our city streets as stated in the staff report to council. We have not been able to find any similar ordinance in the entire country. Our understanding is that this dismount within 50 feet rule was placed in the ordinance with no public outreach, engagement or input process. The dismount within 50 feet rule is very problematic on numerous points: ○ The process of approaching a pedestrian or equestrian, determining trail width of less than 5 feet, determining approach distance of 50 feet, dismounting from the bike, running with your bike to pass and overcome the equestrian/pedestrian, continuing for another 50’ past the pedestrian then finally hopping back on the bike is impractical and unachievable. ○ The practicality for trail users to continually be evaluating a trail for less than 5’ wide then apply the rule is not realistic. ○ The random assignment of this rule to trails less than 5 feet is very vague and inconsistent with the trails master plan Type 1 ( less than 4 feet) and Type 2 trails ( minimum 6 feet wide). ○ The 50’ rule is virtually unenforceable by law enforcement without a trail survey of each trail segment that corresponds with changing trail conditions such as annual vegetation growth. ○ While well intended this section of the ordinance is not realistic, enforceable or beneficial to any trail users. The significant problem with this part of the ordinance is that it sets a very poor precedent for an unenforceable regulation that does not successfully address the needs of trail users to reduce trail conflicts, in fact it creates the situation for increased trail user conflicts SDMBA.com PO Box 881491, San Diego, CA 92168 Sept. 6, 2022 Item #2 13 SDMBA representatives have contacted City Staff, City Council and the Traffic Commission since the ordinance was passed with these concerns and the City of Carlsbad has not been responsive. I would like to request City of Carlsbad representatives to meet with SDMBA and local Carlsbad representatives to collaboratively correct this misguided section of the recently adopted municipal code change. Sincerely, Susie Murphy Executive Director executivedirector@sdmba.com 619-316-1757 Cc: matt.hall@carlsbadca.gov council@carlsbadca.gov keith.blackburn@carlsbadca.gov peder.norby@carlsbadca.gov priya.bhat-patel@carlsbadca.gov teresa.acosta@carlsbadca.gov SDMBA.com PO Box 881491, San Diego, CA 92168 Sept. 6, 2022 Item #2 14 From: Matthew Kogan Sent: Monday, May 9, 2022 1:10 PM To: Michael Tully <Michael.Tully@carlsbadca.gov> Cc: Kyle Lancaster <Kyle.Lancaster@carlsbadca.gov> Subject: Re: E-Bike Ordinance Thank you, This extreme rule is pretty much unprecedented in the country. The standard is for cyclist to Yield to pedestrians and equestrians, but yield does not mean dismount. Below is a fairly standard guidance and is what responsible cyclists try to adhere to. https://www.bouldermountainbike.org/trail-etiquette/ Matthew Kogan Exhibit 7 Sept. 6, 2022 Item #2 15 From: Matthew Kogan < Sent: Friday, May 6, 2022 2:06 PM To: Michael Tully <Michael.Tully@carlsbadca.gov> Subject: E-Bike Rules of the Road Mike, I was hoping you could help out with this before it completely blows up. With the new rules regarding E-Bikes and usage an interesting clause got stuck in here that would essentially render All "Trails" in Carlsbad unusable for cyclists, whether electric or not. Under the "Rules of the Road" section, it combines both Bicycles and E-Bikes into the same category. Then a little further down is the line Dismount and walk your e-bike or similar motorized device on trails less than 5 feet wide when within 50 feet of a pedestrian or horseback rider. This would render any attempt to ride at places like Lake Calavera impossible. Additionally there are section of "Trail" along College and Cannon where cyclists ride to avoid being on those high traffic streets. With this line, Cyclists would be required to stop, dismount, walk 100 yard to get 50 yards past the pedestrian, then start riding again. This is going to bring the ire of the cycling community to Carlsbad council meetings. So I hope that within your department this can be escalated and resolved quickly. https://www.carlsbadca.gov/departments/police/community-information/electric-bikes? fbclid=IwAR1ZkmcCN96czpm744_-ijut4CbmOxAX2er536R5rYOlj84ENEypaIp16Rs Sept. 6, 2022 Item #2 16 From:Susie Murphy To:Traffic Subject:Traffic and Mobility Commission 9/6/22 Agenda item #2 - ORDINANCE UPDATE AND PROPOSED AMENDMENT: CHAPTER 10.56 OF THE CARLSBAD MUNICIPAL CODE – OPERATION OF REGULATED MOBILITY DEVICES Date:Sunday, September 4, 2022 9:50:58 AM Staff and Commission Members: I am writing to you representing the The San Diego Mountain Biking Association (SDMBA) and our 1900 members to write in support of amending and rescinding the trail dismount provision in the OPERATION OF REGULATED MOBILITY DEVICES ordinance (Section 10.56.020(C) (2). We appreciate the time of the Carlsbad Police Department and the Traffic and Mobility Commission has spent reviewing this issue. SDMBA also continues to stand in full support of the rest of the ordinance that can only help to enhance the safety of all cyclists, pedestrians and drivers in the city of Carlsbad. Thank you for the opportunity to provide written comment Susie Murphy (she/her) SDMBA Executive Director CAMTB Board MemberSPROCKIDS SAN DIEGO Board Member J CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Will Rhatigan To:Traffic Subject:Traffic and Mobility Commission 9/6/22 Agenda item #2 - ORDINANCE UPDATE AND PROPOSED AMENDMENT: CHAPTER 10.56 OF THE CARLSBAD MUNICIPAL CODE – OPERATION OF REGULATED MOBILITY DEVICES Date:Tuesday, September 6, 2022 1:52:50 PM Hello, I'm writing to provide written public comments on behalf of the San Diego County Bicycle Coalition to the Carlsbad Mobility Commission regarding Item #2: ORDINANCE UPDATEAND PROPOSED AMENDMENT: CHAPTER 10.56 OF THE CARLSBAD MUNICIPAL CODE – OPERATION OF REGULATED MOBILITY DEVICES. Please share the followingcomments with the commissioners: Dear Mobility Commission, I'm writing on behalf of the San Diego County Bicycle Coalition to request your support for amending the trail dismount provision in Section 10.56.020(C) (2) of the Carlsbad Municipal Code. This provision requires E-Bike riders to dismount whenever they come within 50 ft of a pedestrian or equestrian while on a typical mountain bike trail. With the current foot and equestrian traffic on most trails in Carlsbad, this ordinance would make riding a E-Mountain Bike next to impossible in Carlsbad. Any rider following the law would spend more time walking their bike than riding it. E-Mountain Bikes have had a transformative effect in allowing seniors and people with mobility impairments low-impact access to nature and trails, and this ordinance is currently preventing them from equal access to Carlsbad's beautiful natural areas. We strongly urge you to amend this section of Carlsbad's mobility device regulations. Sincerely, Will Rhatigan Advocacy Director San Diego County Bicycle Coalition CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. ORDINANCE UPDATE: Operation of Regulated Mobility Devices Scott Meritt, Police Sergeant Marissa Kawecki, Deputy City Attorney Traffic & Mobility Commission Presentation Sept. 6, 2022 RECOMMENDED ACTION 1)Receive an update on the new ordinance, Carlsbad Municipal Code Ch. 10.56–Operation of Regulated Mobility Devices 2)Review a proposed amendment to the trail dismount provision ITEM #1 REGULATED MOBILITY DEVICES ITEM X PURPOSE AND INTENT OF ORDINANCE -Respond to: •Influx of e-bikes and other “regulated mobility devices”; regulate all •Increased e-bike/bicycle related collisions and bikers at fault •Community concerns regarding public safety -Local ordinance: •Offers local control in enforcement & disposition •Regulates broad range of careless or reckless conduct vs. specific conduct in multiple Vehicle Code provisions ITEM #1 REGULATED MOBILITY DEVICES EDUCATION UPDATE •May 24, 2022—Bicycle and E-bike Safety and Education presentation at Pine Avenue Community Center •Sept. 14, 2022—Police department meeting with San Diego Bike Coalition and CUSD principals re. e-bike safety and education class •San Diego Bike Coalition--potential programs: •City cycling classes •Bike and e-bike certified training for police officers ITEM #1 REGULATED MOBILTY DEVICES BICYCLE AND E-BIKE COLLISIONS ITEM #1 REGULATED MOBILITY DEVICES ENFORCEMENT/SAFETY COURSE UPDATE* ITEM #1 REGULATED MOBILITY DEVICES •90 citations have been screened for participation in the safety/education course •31 individuals are currently enrolled in the safety/education course •42 individuals chose not to participate in the safety/education course; citationscourt •4 individuals successfully completed the safety/education course *Data as of 8/23/22 PROPOSED ORDINANCE AMENDMENT •Strike dismount requirement on trails less than 5 feet wide when within 50’ of pedestrian or equine (CMC 10.56.020(C)(2)) •Feedback from mountain biking community re. hardship of complying with this requirement •A specific provision does not appear necessary given data and conditions to date on city trails •This conduct will still be enforceable under the broader provision CMC 10.56.020(C), which captures careless or reckless conduct on city streets and trails ITEM #1 REGULATED MOBILTY DEVICES RECOMMENDED ACTION & NEXT STEPS •Today : Receive Commission comments, questions and recommendations on the ordinance update and proposed amendment •9/27/22: Present the revised ordinance to the City Council for introduction •10/11/22: City council would adopt the revised ordinance (if introduced) •11/10/22:Revised ordinance would become effective •Ongoing:Enhanced education and enforcement under city’s declaration of local emergency for traffic safety ITEM #1 REGULATED MOBILITY DEVICES