HomeMy WebLinkAbout2020-12-17; Micromobility Update: Bird Rides Inc. Monthly and Long-Term Scooter Rentals; |Gomez, Paz| Rocha, Laura|To the members of the:
CITY COUNCIL
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Dec. 17,2020
Council Memorandum
To: Honorable Mayor Hall and Members of the City Council
From: Paz Gomez, Deputy City Manager, Public Works
. Laura Rocha, Deputy City Manager, Ad · ·strative Services
Via: Geoff Patnoe, Assistant City Manager
{cityof
Carlsbad
Memo ID #2020269
Re: Micromobility Update: Bird Rides Inc. Monthly and Long-Term Scooter Rentals
This memorandum provides an update on micromobility, specifically a proposal by Bird Rides,
Inc. (Bird) to operate a monthly and long-term scooter rental business within Carlsbad.
Background
In September 2018, city staff received a business license application from Bird to operate trip-
based electric motorized scooter rentals via a smart phone application in the city. Bird's
application was denied based on its incompatibility with the Carlsbad Municipal Code Chapter
10.58 (Attachment A), which prohibits any person from riding a skateboard, coaster, or other
similar form of transportation in certain places within Carlsbad, including within the Carlsbad
Village area where Bird intended to launch its operations.
In May 2019, the City Council adopted Ordinance No. CS-354, adding Chapter 10.60 to the
Carlsbad Municipal Code (Attachment B) regarding shared mobility devices. The purpose of the
ordinance was to prohibit shared mobility devices from being abandoned or placed for rent in
the public right-of-way or other public areas, allow for adequate pedestrian traffic flow, ensure
public safety and maintain public areas free of public nuisances.
In 2019, Bird applied for and city staff issued Bird a business license for a monthly and long-
term scooter rental business, which is not categorically prohibited by Carlsbad, Municipal Code
Chapters 10.58 and 10.60. Bird renewed the license in summer 2020. Since issuance of its
business license, Bird has not generated any revenue from its city operations in Carlsbad.
On Sept. 18, 2020, Governor Newsom signed Assembly Bill (AB) 1286, enacting Civil Code
Section 2505 effective Jan. 1, 2021 (Attachment C). This code section requires a shared mobility
device provider to obtain a permit or agreement with the city in which it seeks to operate and
to comply with all local operation, parking, maintenance and safety rules.
Discussion
Recently, a representative for Bird reached out to city staff regarding renting scooters in the
city. Bird plans to launch a new business model different from the trip-based rental model that
Public Works Branch
Transportation Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2730 t
Council Memo -Micromobility Update: Bird Rides Inc. Monthly and Long-Term Scooter Rentals
Dec. 17,2020
Page 2
was proposed in its 2018 business application. The new business model will be for monthly and
long-term scooter rentals.
Unlike Bird's 2018 trip-based rental business model, Bird's monthly and long-term scooter
rental business model is not categorically prohibited under Carlsbad Municipal Code Chapters
10.58 and 10.60. Consequently, city staff had no basis to deny Bird's business license
application in 2019 or its renewal business license application in 2020. Nonetheless, under
Carlsbad Municipal Code Section 5.04.100, the issuance of a business license does not permit a
licensee to conduct business in an unlawful manner or in a manner that constitutes a nuisance.
Newly enacted California Civil Code Section 2505 requires a shared mobility service provider,
such as Bird, to maintain certain liability insurance coverage and enter into an agreement with,
or obtain a permit from, the city before it may operate within Carlsbad. This code section also
requires the city to adopt operations, parking and maintenance rules regarding the use of
shared mobility devices before the provider may offer shared mobility devices for rent or use in
Carlsbad. A city business license does not satisfy these requirements because a city business
license is principally for revenue generation, rather than for regulation. Accordingly,
notwithstanding Bird's current business license, Bird may not operate or continue operating as
a shared mobility device provider within Carlsbad unless and until the city enacts an ordinance
authorizing it to do so.
Next Steps
Various communities have experienced negative impacts from the use and misuse of scooters.
These issues include parking shared mobility devices in the public right-of-way and obstructing
vehicle and pedestrian access, reduced sidewalk area or parking spaces, urban clutter, use of
public land for private purposes, potential public liabilities, conflicts between scooters and
pedestrians on sidewalks and crosswalks, scooter user and pedestrian injuries, scooter/vehicle
conflicts and an increased demand for enforcement resources.
Staff will study these impacts and the new requirements in California Civil Code Section 2505.
Staff will then present workshops on them to the Traffic and Mobility Commission and the City
Council in 2021 so the City Council may determine whether to direct staff to develop an
ordinance and permitting program to allow shared mobility device providers to operate within
Carlsbad.
Attachments: A. CMC Chapter 10.58
B. CMC Chapter 10.60
C. California Civil Code Section 2505
2
Council Memo -Micromobility Update: Bird Rides Inc. Monthly and Long-Term Scooter Rentals
Dec. 17,2020
Page 3
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Gary Barberio, Deputy City Manager, Community Services
Neil Gallucci, Police Chief
Michael Calderwood, Fire Chief
David Graham, Chief Innovation Officer
Cindie McMahon, Assistant City Attorney
Robby Contreras, Assistant City Attorney
Kevin Branca, Finance Director
Tom Frank, Transportation Director
Kyle Lancaster, Parks & Recreation Director
Jeff Murphy, Community Development Director
Kristina Ray, Communication & Engagement Director
Ryan Green, Assistant Finance Director
John Kim, City Traffic Engineer ·
Nathan Schmidt, Transportation Planning and Mobility Manager
Cheryl Gerhardt, Finance Manager
3
12/14/2020 Chapter 10.58 SKATEBOARDING, INLINE SKATES, ROLLER SKATES, TOY VEHICLE, COASTER, AND SIMILAR FORMS OF TRAN ...
C I bad ·,unkip· I Cod ATTACHMENT A
'JI Pnii< ·1 . t M .in Collapse i I rin
Title 10 VEHICLES AND TRAFFIC
Chapter 10.58 SKATEBOARDING, INLINE SKATES, ROLLER SKATES, TOY VEHICLE, COASTER, AND SIMILAR
FORMS OF TRANSPORTATION
Note
* Prior ordinance history: Ord. Nos. 3143, NS-246, NS-339, and NS-475.
10.58.010 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
transportation prohibited in commercial zone.
It is wllawful for any person to ride a skateboard, inline skates, roller skates, toy vehicle, coaster or any other similar form
of transportation on private property open to the public in a general commercial zone, a neighborhood commercial zone,
or in a tourist commercialzone where signs prohibiting such activity are posted by the owner of the property. (Ord. CS-
139 § 2, 2011)
10.58.015 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
transportation prohibited on school grounds.
It is unlawful for any person to ride a skateboard, inline skates, roller skates, toy vehicle, coaster or any other similar form
of transportation on public school property located within the City of Carlsbad when the school district has enacted a
policy prohibiting such activities and posted signs on school grounds. (Ord. CS-139 § 2, 20 I I)
10.58.020 Skateboarding, coaster, and similar forms of transportation prohibited in Carlsbad village area.
It is unlawful for any person to ride a skateboard, coaster or any other similar form of transpo1tation at the following
locations:
On any sidewalk, public street, public parking lot or public propetty in the Carlsbad village area as shown on the map
labeled Exhibit A and found on file in the city clerk's office. (Ord. CS-139 § 2, 2011)
10.58.025 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
transportation prohibited where posted.
Skateboarding, inline skates, roller skates, toy vehicles, coaster or any other similar form of transp01tation is prohibited on
public real property where such prohibition is posted by signs. A list of locations where skateboarding, inline skates,
roller skates, toy vehicles, coaster or any other similar form of transportation is posted 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. (Ord. CS-139 § 2, 2011)
10.58.030 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
transportation prohibited at public buildings.
It is unlawful for any person to ride a skateboard, inline skates, roller skates, toy vehicle, coaster or any other sin1ilar form
of transpo1tation at the Carlsbad City Hall, the senior center located at 801 Pine Avenue, the safety center, fire stations,
libraries and their adjacent sidewalks, landscape barriers and parking lots. (Ord. CS-139 § 2, 2011)
. 10.58.040 Prohibition for public drainage and sports facilities.
No person shall ride a skateboard, inline skates, roller skates, coaster, toy vehicle or any other similar form of
transportation in any public drainage facility, culve1t, ditch, or channel; or any other athletic/spo1ts courts, or
gymnasiums. (Ord. CS-139 § 2, 2011)
www.qcode.us/codes/carlsbad/view.php?topic=10-10_58&showA11=1 &frames=on 1/2
12/14/2020 Chapter 10.58 SKATEBOARDING, INLINE SKATES, ROLLER SKATES, TOY VEHICLE, COASTER, AND SIMILAR FORMS OF TRAN ...
10.58.050 Interference with pedestrians and traffic.
A. Any person upon a skateboard, inline skates, roller skates, toy vehicle, coaster or any other similar form of
transportation or device, shall exercise due caution and shall yield the right-of-way to and not interfere with
pedestrians on any sidewalk or public right-of-way.
B. No person shall ride skateboard, inline skates, roller skates, toy vehicle, coaster, or similar form of
transpotiation on any public right-of-way in such a manner as to interfere with or prevent the lawful use of a public
right-of-way by vehicular traffic. (Ord. CS-139 § 2, 2011)
10.58.060 Safety equipment required in skateboard parks.
It is unlawful for a person to ride anything other than a skateboard, roller skates, or inline skates in the city-owned
skateboard park and to neglect to wear safety equipment including a helmet, elbow pads and knee pads where the
requirement for wearing such safety equipment in the skateboard park is posted by a sign. (Ord. CS-139 § 2, 2011)
View the mobile version .
www.qcode.us/codes/carlsbad/view. php?topic=10-1 O _ 58&showAII= 1 &frames=on 2/2
12/14/2020 Chapter 10.60 SHARED MOBILITY DEVICES
Carisb~d Mumicipal Codi!'.!
Up Previ-"W, r.l~xt Main '· arch
Title 10 VEHICLES AND TRAFFIC
Chapter 10.60 SHARED MOBILITY DEVICES
10.60.010 Purpose.
ATTACHMENT B
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. ( Ord. CS-3 54 § 2, 2019)
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,
prope1ty, 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, pa1tnership,
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, 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 transpo1tation device, other than an automobile or motorcycle, by
which a person can be propelled, moved, or drawn; is accessed via an on-demand p01tal, whether a smmtphone
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. (Ord. CS-354 § 2, 2019)
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. (Ord. CS-354 § 2, 2019)
10.60.040 Impoundment of devices.
www.qcode.us/codes/carlsbad/view. php?topic=10-1 O _ 60&showAII= 1 &frames=on 1/3
12/14/2020 Chapter 10.60 SHARED MOBILITY 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.
R As soon as practicable, the city manager shall provide written notice of the irnpoundment to the operator. An
operator shall retrieve its impounded shared mobility device within 72 hours of written notice from the city manager.
C. 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.
D. 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 tlu-ough a fee charged
on any impounded shared mobility device.
E. 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.
F. The foregoing provisions do not limit the city's authority to otherwise impound shared mobility devices in
accordance with the State VehickCode. (Ord. CS-354 § 2, 2019)
10.60.050 Post summary abatement hearing procedures.
A. The operator of a shared mobility device that has been impounded in accordance with Section 1_0.60.040 may
request a post summary abatement hearing. The request must be subll).itted in writing to the city manager within l 0
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 10 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
l.10.040 . ..........................
D. The post summary abatement hearing shall be conducted by an administrative hearing officer in accordance
with the following provisions:
l. 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 tlu-ough 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.
E. The administrative hearing officer's decision is the final administrative remedy without further administrative
appeals. (Ord. CS-354 § 2, 2019)
www.qcode.us/codes/carlsbad/view. php?topic= 10-10 _ 60&showAII= 1 &frames=on 2/3
12/14/2020 Chapter 10.60 SHARED MOBILITY DEVICES
10.60.060 Administrative regulations.
The city manager may adopt administrative regulations that are consistent with and that fwiher the terms and
requirements set fo1ih within this chapter. All such administrative regulations must be in writing. (Ord. CS-354 § 2, 2019)
10.60.070 Enforcement.
Violation of any provision of this chapter is punishable pursuant to Chapter }_.08 of this code, or by the administrative
code enforcement remedies of Chapter _l...1,0 of this code. (Ord. CS-354 § 2, 2019)
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. (Ord. CS-354 § 2, 2019)
View the mobile version.
www.qcode.us/codes/carlsbad/view.php?topic=10-10_60&showAII= 1 &frames=on 3/3
~ casetext
ATTACHMENT C
Cal. Civ. Code § 2505
Section 2505 -[Effective 1/1/2021]
(a) For purposes of this title:
(1) "Shared mobility device" means an electrically motorized board as defined in Section
313.5 of the Vehicle Code, motorized scooter as defined in Section 407.5 of the Vehicle
Code, electric bicycle as defined in Section 312.5 of the Vehicle Code, bicycle as defined
in Section 231 of the Vehicle Code, or other similar personal transportation device, except
as provided in subdivision (b) of Section 415 of the Vehicle Code, that is made available
to the public by a shared mobility service provider for shared use and transportation in
exchange for financial compensation via a digital application or other electronic or digital
platform.
(2) "Shared mobility service provider" or "provider" means a person or entity that offers,
makes available, or provides a shared mobility device in exchange for financial
compensation or membership via a digital application or other electronic or digital
platfom1.
(b) Before distribution of a shared mobility device, a shared mobility service provider shall
enter into an agreement with, or obtain a permit from, the city or county with jurisdiction
over the area of use. The agreement or permit shall, at a minimum, require that the shared
mobility service provider 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 occw-rence for bodily injw-y or property damage, including
contractual liability, personal injmy, and product liability and completed operations, and not
less than five million dollars ($5,000,000) aggregate for all occmTences dw-ing the policy
period. The insw-ance shall not exclude coverage for injuries or damages caused by the
shared mobility service provider to the shared mobility device user.
(c)
(1) A city or county that authorizes a provider to operate within its jurisdiction on or after
January 1, 2021, shall adopt rules for the operation, parking, and maintenance of shared ·
mobility devices before a provider may offer any shared mobility device for rent or use in
the city or county by any of the following:
(A) Ordinance.
(B) Agreement.
(C) Permit terms.
(2) A city or cotmty that authorized a provider to operate within its jurisdiction before
January 1, 2021, and continues to provide that authorization shall adopt rules for the
operation, parking, and maintenance of shared mobility devices by January l, 2022, by
any of the following:
(A) Ordinance.
~ casetext
Section 2505 -[Effective 1/1/202 1] Cal. Civ. Code§ 2505
(B) Agreement.
(C) Permit terms.
(3) A provider shall comply with all applicable rules, agreements, and permit terms
established pursuant to this subdivision.
(d) Nothing in this section shall prohibit a city or colmty from adopting any ordinance or
regulation that is not inconsistent with this title.
Ca. Civ. Code§ 2505
Added by Stats 2020 ch 91 (AB l,286),s 1, eff. l/1 /2021.
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