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HomeMy WebLinkAboutORD 1344URGENCY ORDINANCE NO. 1344 taw AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 10.99, INCLUDING SECTIONS 10.99.010., 10.99.0209 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 cities have recently experienced operations of unauthorized mobility sharing services, whereby non -motorized or motorized bicycles or 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 cities in anticipation of recommending regulations that encourage active 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 properties, increased traffic congestion and collision, and potential for injuries to persons and 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; and 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 or 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 M"• declared an urgency ordinance to take effect immediately upon adoption by a four -fifths (4/5) vote of the City Council. ... 1 URGENCY ORDINANCE NO. 13" 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 residents and visitors 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, with the exception of a pilot program, should the City Council choose to implement one. 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. 2 URGENCY ORDINANCE NO. 1344 - 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 after 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 Pma 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 ow 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. tow 3 URGENCY ORDINANCE NO. 1344 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: HARNIK, JONATHAN, KELLY, NESTANDE, and WEBER NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: KLASSEWztITY CLE-FkKj CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR ILI t� 4