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March 23, 2021 Santa Monica, California ORDINANCE NUMBER

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March 23, 2021 Santa Monica, California ORDINANCE NUMBER DocuSign Envelope ID: 9545159F-266B-4DFC-87BE-9A7E5EC00F89 City Council Meeting: March 23, 2021 Santa Monica, California ORDINANCE NUMBER 2666 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.21.090 TO EXTEND THE TERM OF THE FIRST SHARED MOBILITY DEVICE PILOT PROGRAM FROM APRIL 30, 2021 TO JUNE 30, 2021; AMENDING CHAPTER 3.22 (SECOND SHARED MOBILITY DEVICE PILOT PROGRAM); AND AMENDING SECTION 3.12.600 TO AUTHORIZE THE USE OF CLASS 1 AND CLASS 2 ELECTRIC BICYCLES, BUT PROHIBIT THE USE OF MOTORIZED OR CLASS 3 ELECTRIC BICYCLES, ON THE BEACH BIKE PATH WHEREAS, on June 26, 2018, the Santa Monica City Council adopted Ordinance Number 2578, which created Santa Monica Municipal Code Chapter 3.21, and established a 16-month shared mobility device pilot program to manage dockless electronic scooter and bicycle systems operating in the public right-of-way; and WHEREAS, on January 28, 2020, Council directed staff to create a second shared mobility pilot program that would build on the successes of the first pilot program and better address persistent challenges; and WHEREAS, on February 11, 2020 Council extended the term of the first pilot program by six-months to facilitate timely adjustments to shared mobility services and regulations, and maintain a continuity of service on the current systems for the thousands of regular, frequent users; and DocuSign Envelope ID: 9545159F-266B-4DFC-87BE-9A7E5EC00F89 WHEREAS, on May 12, 2020, Council postponed starting the second pilot program and extended the first pilot program to April 30, 2021 to address the public health concerns and economic uncertainty caused by the COVID-19 pandemic; and WHEREAS, between March 2020 and May 2020, two out of four of the first pilot program operators terminated their participation in the pilot program, and the remaining two operators reduced their electric scooter fleet sizes to adjust for decrease usage during the COVID-19 pandemic; and WHEREAS, Council now desires to extend the term of the first pilot program until June 30, 2021 and modify the second pilot program to run from July 1, 2021 until March 30, 2023, to allow staff sufficient time to transition the City’s shared mobility device program from a permitting-based model to a contracting-based mode; and WHEREAS, due to the increase in electric bicycle usage and ownership, in 2015, the California Legislature passed AB 1096, which updated the California Vehicle Code related to electric bicycles, including permitting class 1 and class 2 electric bicycles (20 mph maximum speed), on class 1 bicycle paths, such as the beach bike path, unless otherwise prohibited by local municipalities; and WHEREAS, in 2018, Council amended Santa Monica Municipal Code Section 3.12.600 to prohibit all motorized devices from the beach bike path, including class 1, class 2, and class 3 electric bicycles; and WHEREAS, Council now desires to permit the use of class 1 and class 2 electric bicycles on the beach bike path, but continue prohibiting use of class 3 and motorized electric bicycles on the beach bike path. DocuSign Envelope ID: 9545159F-266B-4DFC-87BE-9A7E5EC00F89 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3.21.090 of the Santa Monica Municipal Code is hereby amended to read as follows: 3.21.090 Pilot Program Term. Permits issued pursuant to this Chapter shall terminate and be of no further force or effect beyond June 30, 2021, unless otherwise extended or terminated earlier by the City. SECTION 2. Section 3.22.090 of the Santa Monica Municipal Code is hereby amended to read as follows: 3.22.090 Pilot Program Term. Permits issued pursuant to this Chapter shall take effect on July 1, 2021, and be of no further force or effect beyond March 30, 2023, unless otherwise extended or terminated earlier by the City. SECTION 3.Section 3.22.040 of the Santa Monica Municipal Code is hereby amended to read as follows: 3.22.040 Maximum number of shared mobility operator permits and shared mobility devices permitted. (a) The Mobility Officer shall issue up to four shared mobility operator permits authorizing the deployment of one or more shared mobility devices within the City. No DocuSign Envelope ID: 9545159F-266B-4DFC-87BE-9A7E5EC00F89 shared mobility operator permits shall be issued to any operator that proposes to deploy any shared mobility device that is exclusively powered by the human body or powered by combustion engine. (b) The Mobility Officer shall establish the number of shared mobility devices whose deployment within the City is authorized under each shared mobility operator permit. No more than on a weekly basis or within fourteen days following any City Council action adjusting the maximum number of permitted operators or devices pursuant to subsection (d) of this section, the Mobility Officer may adjust the maximum number of devices authorized by each shared mobility operator permit. In making determinations regarding the maximum number of authorized devices, the Mobility Officer shall take into consideration market needs, the total number of devices and the total number of devices of any particular type deployed in the City, device utilization, and any other criteria set forth in administrative regulations. The Mobility Officer shall first publish his or her tentative adjustment decision under this Section, along with reasons supporting the decision, and solicit comments prior to making a final determination. The Mobility Officer’s final determinations under this Section shall constitute the final decision of the City and are not subject to further administrative review. No person shall fail to comply with the Mobility Officer’s established device limitations. (c) No operator shall be granted authorization for less than fifty shared mobility devices of one type. (d) At any time, in the City Council’s discretion, the City Council may reassess the number of shared mobility operator permits authorized for issuance. The City Council, DocuSign Envelope ID: 9545159F-266B-4DFC-87BE-9A7E5EC00F89 in its discretion, may determine by resolution that the number of shared mobility operator permits or the number of total authorized devices should be reduced or increased. SECTION 4. Section 3.22.020 of the Santa Monica Municipal Code is hereby amended to read as follows: 3.22.020 Definitions. (a) “Abandon” shall mean leaving an item unattended for any length of time. (b) “Director” shall mean the Director of Transit Services or designee. (c) “Mobility officer” shall mean the City’s mobility manager or designee. (d) “Operator” shall mean any person or business entity selected by the City to participate in the second shared mobility device pilot program pursuant to this Chapter. (e) “Public area” shall mean any outdoor area that is open to the public for public use, whether owned or operated by the City or a private party. (f) “Public right-of-way” shall mean any public alley, parkway, public transportation path, roadway, sidewalk, or street that is owned, granted by easement, operated, or controlled by the City. (g) “Shared mobility device” shall mean any transportation device by which a person can be propelled, moved or drawn, that is displayed, offered or placed for rent in any public area or public right-of-way, except that a “shared mobility device” does not include any device being vended or made available for rent exclusively from a vehicle pursuant to a valid City vending permit; a car share vehicle, as defined by Chapter 3.06 DocuSign Envelope ID: 9545159F-266B-4DFC-87BE-9A7E5EC00F89 of this Code; a moped, as defined by California Vehicle Code Section 406; a device authorized by the City bike share system pursuant to Chapter 3.20 of this Code; a taxicab as regulated in Chapter 6.49 of this Code; a device operated by the Los Angeles County Metropolitan Transportation Authority; or any other device excluded pursuant to administrative regulations. SECTION 5.Section 3.12.600 of the Santa Monica Municipal Code is hereby amended to read as follows: 3.12.600 Bicycles, electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, roller skates, skateboards, and similar devices. (a) Beach Promenade. It shall be unlawful to ride or operate a bicycle, electric bicycle, electric personal assistive mobility device, electrically motorized board, low- speed vehicle, motorized scooter, or other vehicle upon the Beach Promenade. (b) Beach Bike-Path. It shall be unlawful to ride or operate a pedicab, a motorized bicycle or a class 3 (as defined in the California Vehicle Code) electric bicycle, electric personal assistive mobility device, electrically motorized board, low-speed vehicle, motorized scooter, or other vehicle upon the beach bike-path. Class 1 and class 2 (as defined in the California Vehicle Code) electric bicycles are permitted on the beach bike path. Bicycle riding shall be permitted along the beach bike-path, within the City limits and in those areas where the Promenade constitutes a portion of the bikeway and are otherwise permitted by sign. All persons riding bicycles on the beach bike-path shall comply with all lawful signs and directional markings, including, but not limited to, painted, DocuSign Envelope ID: 9545159F-266B-4DFC-87BE-9A7E5EC00F89 directional arrows, bike-path route boundaries, and signs designating permissible travel lanes. (c) Public Sidewalks. It shall be unlawful to ride or operate a bicycle, electric bicycle, electric personal assistive mobility device, electrically motorized board, low- speed vehicle, motorized scooter, or other vehicle upon any public sidewalk. (d) Public Parking Structure. It shall be unlawful to ride or operate a bicycle, electric bicycle, electric personal assistive mobility device, electrically motorized board, low-speed vehicle, motorized scooter, or other vehicle in any public parking structure.
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