HomeMy WebLinkAboutUrgency Ord 1344 - Prohibiting Mobility Sharing SvcsSTAFF REPORT
CITY OF PALM DESERT
CITY MANAGER'S OFFICE
MEETING DATE: December 13, 2018
PREPARED BY: Lauri Aylaian, City Manager
REQUEST: Urgency ordinance to prohibit mobility sharing services until the City
has an opportunity to review and develop regulations
Recommendation
Waive further reading and adopt Urgency Ordinance No..1344 prohibiting
mobility sharing services until the City has an opportunity to review and develop
regulations.
Strategic Plan
Sufficient time is needed to evaluate and develop a program to address mobility sharing
services; however, these transportation alternatives are supported by priorities listed
under the Transportation mini -vision of the Strategic Plan, including:
1. Priority 3 — De-emphasize single/low-occupancy vehicles and optimize multiple
modes of travel (bus, carpool, golf cart, bicycle, and pedestrian).
Background Analysis
The "mobility sharing" industry provides non -motorized and motorized bicycles and
scooters to residents and visitors (users) for rent via self-service portals, applications, or
other methods. These services complement traditional non -vehicular transportation
options, especially for users who desire first and last mile connections from the local
transit network to their respective destinations. Other benefits of mobility sharing services
include increased modes of transportation; reduced vehicle emissions; increased public
health benefits; reduced congestion and fuel consumption; and increased financial
savings for users.
These types of services have been gaining in popularity nationally over a relatively short
duration. For example, modern mobility sharing services first occurred in this country
(Washington, D.C.) approximately 10 years ago. Fast forward, according to a report by
the National Association of City Transportation Officials, over 35 million mobility sharing
trips took place nationally just last calendar year alone.
December 13, 2018
Mobility Sharing Services
Page 2 of 2
However, jurisdictions nationally are now experiencing operations of unauthorized
mobility sharing services. To explain, mobility sharing operators have been introducing
"dockless" systems within the public right of way without consulting with the respective
jurisdictions. These dockless systems allow users to rent non -motorized and motorized
bicycles and scooters from locations in the public right of way or private property using a
smartphone application.
More recently, the City of Palm Springs experienced unauthorized mobility sharing
services within its public right of way. Without notice, a mobility sharing operator left more
than 100 electric scooters in the downtown area of Palm Springs. As a result, the City of
Palm Springs issued a cease and desist letter to the mobility sharing operator and
subsequently confiscated electric scooters that were not removed by the operator. The
Palm Springs City Council anticipates receiving input from residents and their downtown
merchants before identifying regulations.
Under the current business model of certain mobility sharing operators, unauthorized
dockless systems may cause serious and significant impacts to public health, safety, and
welfare, including, but not limited to, unauthorized use of sidewalks and streets,
unpermitted obstructions and encroachments on public and private property, increased
volume of collisions, and increased risk of injury to pedestrians and damage to property.
Notwithstanding, City staff desires to evaluate potentially suitable areas for use of mobility
sharing services within Palm Desert, as well as mobility sharing services of other
jurisdictions in anticipation of recommending regulations to City Council that encourage
alternative transportation and promote the safety and general welfare of the City, its
residents and visitors. As a result, City staff recommends adopting the attached ordinance
that prohibits mobility sharing services until the City has an opportunity to review and
develop regulations. Draft regulations will be presented for City Council consideration in
the future. Finally, please note that as of the time of preparation of this report there are
no authorized or unauthorized mobility sharing services currently operating in Palm
Desert.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
N/A
Robert W. Hargreaves
City Attorney
ATTACHMENTS:
Lauri Aylaian
City Manager
Ordinance No. 1344
N/pc
Janet Moore
Director of Finance
Lauri Aylaian
City Manager
URGENCY ORDINANCE NO. 1344
AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, ADDING CHAPTER 10.99, INCLUDING SECTIONS
10.99.010., 10.99.020, AND 10.99.030, TO TITLE 10 OF THE PALM
DESERT MUNICIPAL CODE TO PROHIBIT MOBILITY SHARING
SERVICES UNTIL THE CITY HAS AN OPPORTUNITY TO REVIEW AND
DEVELOP REGULATIONS.
WHEREAS, other jurisdictions have recently experienced operations of
unauthorized mobility sharing services, whereby non -motorized and motorized bicycles
and scooters are available to residents and visitors for rent via self-service portals,
applications, or other methods; and
WHEREAS, the City of Palm Desert (City) desires to evaluate mobility sharing
services of other jurisdictions in anticipation of recommending regulations that encourage
alternative transportation and promote the safety and general welfare of the City, its
residents and visitors; and
WHEREAS, the City Council has therefore determined that unauthorized mobility
sharing services may cause serious and significant impacts to public health, safety, and
welfare, including, but not limited to, unauthorized use of sidewalks and streets,
unpermitted obstructions and encroachments on public and private property, increased
volume of collisions, and increased risk of injury to people and damage to property; and
WHEREAS, the City Council therefore desires to immediately prohibit the
operation of unauthorized mobility sharing services in the city, unless and until authorized
and permitted by future action of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. DECLARATION OF URGENCY. The City Council finds the recitals set forth
above are true and correct and hereby adopts and incorporates the recitals herein as
findings in support of this ordinance. Pursuant to Government Code section 36937(b), the
City Council hereby declares the unauthorized operation of mobility sharing services in
the City will result in significant and immediate adverse impacts to City residents, visitors,
businesses, public and private property, including impacts on traffic and congestion,
unpermitted encroachment on property and the public right-of-way, and potential for
serious harm to riders and pedestrians alike. As such, this ordinance prohibits mobility
sharing services, including, but not limited to, non -motorized and motorized bicycles and
scooters, unless and until authorized and permitted by future action of the City Council,
in order to preserve the public peace, health, or safety. Therefore, this ordinance is hereby
declared an urgency ordinance to take effect immediately upon adoption by a four -fifths
(4/5) vote of the City Council.
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URGENCY ORDINANCE NO.
SECTION 2. AMENDMENT. Title 10 of the Palm Desert Municipal Code is hereby
amended to add Chapter 10.99 titled, "Mobility Sharing Services," to read as follows:
Chapter 10.99 Mobility Sharing Services.
Section 10.99.010. Definitions.
A. "Shared scooter" means any motorized device with handlebars and floorboard
that is designed to be stood upon when riding and that is intended to be used
in a mobility sharing program, as defined below. The motor of the shared
scooter may have any type of power source. This device may also have a driver
seat that does not interfere with the ability of the rider to stand and ride, and
may be designed to be powered by human propulsion. A motorcycle, as defined
in Section 400 of the California Vehicle Code, a motor -driven cycle, as defined
in Section 405 of the California Vehicle Code, or a motorized bicycle or moped,
as defined in Section 406 of the California Vehicle Code, are not shared
scooters. An Electric Personal Assistive Mobility Device as defined in Section
313 of the California Vehicle Code is not a shared scooter.
B. "Shared bicycle" means a bicycle, tricycle, quadricycle or similar device with
any number of wheels that is propelled by a motor with any type of power
source and/or by human propulsion, that is designed to be shared by unrelated
members of the public as part of a mobility sharing program and that may be
locked or secured from unauthorized use without being locked or secured to a
bicycle rack or other object.
C. "Mobility sharing program" means a system whereby shared scooters, shared
bicycles, or similar devices are available to users for rent via self-service
portals, applications, or other methods, to use on public or private properties.
D. "Mobility sharing operator" means a person, business, or entity that manages
a mobility sharing program.
Section 10.99.020. Prohibition.
A. Any mobility sharing program is prohibited within the city.
Section 10.99.030. Removal and Impoundment.
A. The City shall remove and impound any shared scooter, shared bicycle, or
similar device available through a mobility sharing program that is found in the
public right of way.
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URGENCY ORDINANCE NO.
B. The City may dispose of an impounded shared scooter, shared bicycle, or
similar device available through a mobility sharing program if unclaimed by the
mobility sharing operator following thirty (30) days from the impoundment date.
SECTION 3. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines
Section 15061(b)(3), this ordinance is covered by the general rule that CEQA applies only
to projects that have the potential for causing a significant effect on the environment.
Where it can be seen with certainty, there is no possibility the activity in question may
have a significant effect on the environment, such as the adoption of the regulations
contained herein to preserve the current public health and safety, the activity is not subject
to CEQA.
SECTION 4. SEVERABILITY. This ordinance shall not be interpreted in any manner to
conflict with controlling provisions of state or federal law, including, without limitation, the
Constitution of the State of California. If any section, subsection, or clause of this
ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the
remaining sections, subsections, and clauses shall not be affected thereby. Therefore,
this ordinance is declared severable.
SECTION 5. EFFECTIVE DATE. This ordinance shall become effective immediately
upon passage and adoption by a four -fifths (4/5) vote of City Council, pursuant to
Government Code section 36937(b), as an urgency ordinance necessary to immediately
protect the public welfare, health, and safety.
SECTION 6. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this
ordinance and cause it, or a summary of it, to be published once in a newspaper of
general circulation printed and published within the City.
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URGENCY ORDINANCE NO.
PASSED, APPROVED, AND ADOPTED this 13th day of December 2018, by the City
Council of the City of Palm Desert, California by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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SABBY JONATHAN, MAYOR
CITY OF PALM DESERT, CALIFORNIA
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