HomeMy WebLinkAboutORD 1041AORDINANCE NO. 1041-a
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ADDING CHAPTER
10.78 TO TITLE 10 OF THE CITY OF PALM DESERT
MUNICIPAL CODE REGARDING ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES
WHEREAS, the California Legislature has included electric personal assistive
devices ("EPAMD") in the definition of "pedestrian" (Vehicle Code § 467); and
WHEREAS, the California Legislature has provided for local entities to regulate
and/or prohibit the use of EPAMD (Vehicle Code §21282); and
WHEREAS, the City Council of Palm Desert wishes to regulate and/or prohibit
the use of EPAMD on City sidewalks to ensure the safety of its citizens; and
WHEREAS, the City Council of the City of Palm Desert finds that pedestrian
safety would be jeopardized by the use and operation of EPAMD on sidewalks within
certain areas of the City; and
WHEREAS, the City Council of the City of Palm Desert encourages alternative
modes of transportation in a safe environment;
NOW, THEREFORE, the City Council of the City of Palm Desert, California, does
hereby ordain as follows:
SECTION 1. Chapter 10.78 shall be added to Title 10 of the Palm Desert
Municipal Code to read as follows:
Chapter 10.78
ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICES
Sections:
10.78.010
10.78.020
10.78.030
10.78.040
10.78.050
10.78.060
Purpose and intent.
Definitions.
General prohibition.
EPAMD safety regulations.
City permit process.
Penalties.
10.78.010 Purpose and intent.
The Purpose of this Chapter is to protect public health, safety and welfare by
prohibiting the use and operation of Electronic Personal Assistive Mobility Devices
("EPAMD"), as defined in California Vehicle Code § 313 (as the same may be amended
from time to time) within the El Paseo Business District of the City of Palm Desert. The
City Council finds that the use and operation of EPAMD's on all sidewalks, walkways,
ORDINANCE NO. 1041-A
and pathways in the El Paseo Business District jeopardizes public health and safety
because such use and operation puts pedestrians at risk of being injured or being
forced off public sidewalks, walkways and pathways to avoid injury.
10.78.020 Definitions.
The following words and phrases when used in this chapter shall have the
definitions respectfully ascribed to them in this Section. Whenever any words or phrases
used in this Chapter are not defined but are defined in the California Vehicle Code and
amendments thereto, such definitions shall apply:
A. "City" means the City of Palm Desert.
B. "El Paseo Business District" shall mean that area within the City limits of
the City of Palm Desert, California that is generally the properties fronting on both sides
of El Paseo for its entire limits from East to West within the City including the areas
fronting on El Paseo on both sides and including the areas between El Paseo as a
street and the Southern boundary of Highway 111 to the North.
C. "Electric Personal Assistive Mobility Device" or "EPAMD" means a self -
balancing, non -tandem, two -wheeled device that can turn in place, designed to
transport only one person, with an electric propulsion system averaging less than 750
watts (1 horsepower), the maximum speed of which, when powered solely by a
propulsion system on a paved level surface, is less than 12.5 miles per hour, as defined
in Section 313 of the California Vehicle Code.
10.78.030 General prohibition.
A. It shall be unlawful to use or operate EPAMD on any sidewalk, walkway,
or pathway located within the El Paseo Business District.
B. This prohibition shall not apply:
1. Where EPAMD is being operated as part of an activity or event for which a
permit allowing such devices has been issued by the City of Palm Desert;
2. Use of EPAMD by any governmental agency, public utility or the U.S.
Postal Service; or
3. To any disabled person (as that term in defined in Vehicle Code Section
295.5(a) (c)) who displays a State -issued disabled card.
10.78.040 EPAMD safety regulations.
The following safety criteria are established for operators of EPAMD in the City
and are the minimum criteria set and adopted by the City Council:
A. EPAMD operators must provide proof of insurance for the same limits set
for automobile insurers insuring their EPAMD;
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B. EPAMD operators must complete appropriate factory authorized training
for the use of EPAMD;
C. EPAMD operators must have a valid City EPAMD permit;
D. EPAMD operators must be sixteen years of age or older;
E. EPAMD operators must wear safety helmets at all times;
F. EPAMD operators must yield the right-of-way to walking pedestrians on
any sidewalk or crosswalk upon which it is lawful to operate EPAMD;
G. EPAMD operators must obey any traffic control signals or pedestrian
control signals;
H. EPAMD operators may not travel on or across state highways, except to
cross at controlled intersections; and
I. EPAMD operators must only operate EPAMD in accordance with this
Chapter.
10.78.050 City permit process.
A. The City Council of the City of Palm Desert establishes an EPAMD permit
process. Permitted EPAMD must meet the EPAMD safety mechanisms and regulations
codified in this Chapter. In addition, the City establishes the following process for
permitting EPAMD:
1. An permit process application completed by the City to included:
(a) a permit application,
(b) proof of training, and
(c) proof of insurance.
2. A permit decal showing proof of compliance. The decal shall be visibly
posted on the front of the permitted EPAMD; and
3. A permit fee of ten dollars for a two-year period to allow the City to recover
a portion of the cost of permitting, and enforcement of this Chapter.
B. EPAMD permits issued by the City are valid only within the City, and do
not extend beyond the geographic boundaries of the City. Possession of a valid
EPAMD permit does not authorize travel on or outside the geographic boundaries of the
city
10.78.060 Penalties.
Any person operating EPAMD in violation of this Chapter is guilty of an infraction
punishable by a fine not exceeding one hundred dollars."
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SECTION 2. If any section, subsection, sentence, clause phrase or word of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction or preempted by state legislation, such decision or
legislation shall not affect the validity of the remaining portions of this Ordinance. The
City Council of the City of Palm Desert hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause or phrase not
declared invalid or unconstitutional without regard to any such decision or preemptive
legislation.
SECTION 3. The Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published within fifteen (15) days after its passage at least once, in a
newspaper of general circulation, published and circulated in the City of Palm Desert,
California. This Ordinance of the City of Palm Desert shall be effective thirty (30) days
after the date of its passage.
PASSED, APPROVED and ADOPTED this 22nd day of January ,
2004, by the City Council of the City of Palm Desert, California by the following vote, to
wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4��.
Robert A. Spiegel, ay
ATTEST:
Ra helle D. lassen, bty Clerk
City of Palm Desert, California
APPRO AS TO FORM:
Da id J. rwin, City Attorney
City of Palm Desert
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