SR 08-28-2018 7E
City Council
Report
City Council Meeting: August 28, 2018
Agenda Item: 7.E
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To: Mayor and City Council
From: Cynthia Renaud, Chief of Police, Police Department
Subject: Introduction and First Reading of an Ordinance amending Sections 3.12,
4.55.065, and 10.08.460 of the Santa Monica Municipal Code to Clarify Traffic
Regulations Pertaining to the Operation of Electric Bicycle, Electric Personal
Assistive Mobility Devices, Electrically Motorized Boards, Low Speed
Vehicles, and Motorized Scooters
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance amending Santa Monica Municipal Code Chapter 3.12, and Sections
4.55.065, and 10.08.460 to clarify traffic regulations pertaining to the operation of
electric bicycles, electric personal mobility devices, electrically motorized boards, low
speed vehicles and motorized scooters.
Executive Summary
The Santa Monica Municipal Code does not currently include provisions expressly
defining a number of popular mobility devices that have become prevalent since the
various Code sections were first written decades ago, including electric scooters,
electric bikes, Segways, and motorized skateboards. Staff recommends that Council
adopt the proposed ordinance to update the Municipal Code to incorporate definitions of
these modes of mobility that are contained in the California Vehicle Code. This update
would enhance public safety by clarifying enforcement and education efforts throughout
Santa Monica, particularly on Santa Monica’s portion of the Beach Bike Path.
Background
In September 2017, a new shared mobility device, the electric scooter, was launched in
Santa Monica. This brought a new host of challenges to the City. One of those was that
existing regulations did not specifically address these new devices. While the Code is
clear about what is allowed on the Beach Bike Path, it was not specific about what is not
allowed other than everything not on the allowed list. In reviewing the existing Municipal
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Code, the Santa Monica Police Department (SMPD) determined that it lacks a number
of “non-auto” transportation device definitions that are included in the California Vehicle
Code. Updating the Municipal Code to incorporate express references to these “non-
auto” mobility devices as defined by the California Vehicle Code will clarify the law and
reduce questions about enforcement and regulation of such devices throughout Santa
Monica, particularly on the beach bike path, on the Pier and in City Parks.
Discussion
The Santa Monica Police Department and Fire Department have responded to 13
serious injury incidents throughout the City of Santa Monica involving electric scooter
riders including collisions into pedestrians and/or bicyclists while riding on the beach
bike path. This July, a Beach Bike Path collision with a scooter rider caused a seven-
year-old boy to have emergency oral surgery due to severe facial trauma. While
serious traffic and pedestrian hazards continue to be posed by autos and to a lesser
extent by bicycles, the sudden emergence of e-scooters presented a new set of hazards
including lack of rider education. This new challenge was a catalyst for a coordinated
education and enforcement campaign by SMPD and with cooperation from multiple City
departments.
Since the campaign began, SMPD has advised over 4,000 electric scooter riders,
collected close to 3,000 electric scooters from the beach bike path, issued
approximately 1000 citations and educated the public and visitors by providing postcard
pamphlets on the rules and regulations of electric scooter riding. SMPD also created
and published a public service announcement video on the City’s and Police
Department’s social media platforms. The video has been well received, with over
80,000 views. Since the educational campaign was launched, there has been a
significant decline in injury incidents on the beach bike path. However, electric scooters
on the beach bike path remains a public safety concern.
During the planning phase for this campaign, SMPD determined in coordination with the
City Attorney’s Office that our Municipal Code should be updated to incorporate current
definitions of mobility devices as specified in the California Vehicle Code. The draft
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ordinance will encompass these definitions and clarify Municipal Code provisions and
prohibitions related to “non-auto” transportation definitions.
With respect to the Beach Bike Path, existing law (SMMC Sections 3.12.550 and 560)
prohibits the operation of electric bicycles, electric personal assistive mobility devices,
electrically motorized boards, low-speed vehicles, and motorized scooters on the beach
bike path, because they are currently classified as “vehicles” under local law. The
proposed ordinance makes the prohibition more explicit.
Similarly, the proposed ordinance amends Sections 4.55.065 and 10.08.460 to
expressly prohibit the operation of electric bicycles, electric personal assistive mobility
devices, electrically motorized boards, low-speed vehicles, and motorized scooters in
City parks and on the Municipal Pier.
The proposed ordinance will align Santa Monica Municipal Code definitions with the
California Vehicle Code, where appropriate. Additionally, the proposed ordinance
combines, streamlines and updates provisions in Chapter 3.12 without any substantive
changes to the Code as they pertain to the following:
1. Obstruction, leaving or placing property on, or sitting or lying on the public rights-
of-way or public property;
2. One-way streets;
3. The authority of the Parking and Traffic Engineer; and
4. Non-auto vehicles definitions such as motorized scooters, e-bikes, pedi-cabs,
Electric Personal Assistive Mobility Devices (EPAMDs), electrically motorized
boards, and other devices with wheels such as roller skates and skateboards.
The proposed ordinance also removes penalty provisions from various specific sections
within Chapter 3.12 and combines them into a single section at the end of the Chapter.
Alternatives
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The Council could take no action and leave the existing Municipal Code provisions as
they are. The definitions and regulations pertaining to motorized vehicles and devices
would not be entirely consistent with the current California Vehicle Code.
Class I and Class II Electric Bicycles on the Beach Bike Path and in City Parks
As an alternative to clarifying the existing prohibition of all motorized devices on the
beach bike path and in City parks, the Council could consider substantive amendments
to the Municipal Code that would permit Type I and Type II electric bicycles (e-bikes) in
either or both of these areas. In 2015, the California Legislature passed AB 1096, which
updated Vehicle Code provisions related to e-bikes, including removing registration,
licensing, and insurance requirements. The bill designated three classes or types of e-
bikes:
A Class 1 e-bike or “low-speed pedal-assisted electric bicycle,” is a bicycle
equipped with a motor that provides assistance only when the rider is pedaling.
Class 1 e-bikes reach a maximum speed of 20 miles per hour.
A Class 2 e-bike or “low-speed throttle-assisted electric bicycle” is a bicycle
equipped with a motor that may be used exclusively to propel the bicycle. Class
2 e-bikes reach a maximum speed of 20 miles per hour.
A Class 3 e-bike or “speed pedal-assisted electric bicycle” is a bicycle equipped
with a motor that provides assistance only when the rider is pedaling. Class 3 e-
bikes reach a maximum speed of 28 miles per hour.
Under AB1096, Class I and Class II e-bikes, which reach a maximum speed of 20 miles
per hour, are permitted on Class I bicycle paths, such as the beach bike path, unless
otherwise prohibited by local municipalities. This speed exceeds that of e-scooters
which existing operators have limited to speeds of no more than 15 miles an hour.
E-bike usage has increased steadily over the past several years as more manufacturers
produce a variety of bicycles to accommodate the needs of diverse populations. The
North American Survey of Electrical Bicycle Owners was completed in March 2018 for
the National Institute for Transportation and Communities (NITC). The chart below
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summarizes key demographic information from the survey of 1,796 respondents across
the United States, who either own or regularly use an e-bike.
The concentration of users over age 45 reflects the trend among older adults who may
be motivated by factors related to reducing the effort of riding, and increasing health,
fitness and recreation opportunities. The survey results indicate the primary reasons
people purchase an e-bike are related to the various barriers that deter individuals from
riding a standard bicycle: physical exertion and challenging topography, along with the
desire to replace car trips. Younger adults and those without a physical limitation are
more highly motivated by factors related to replacing car trips and making their
commute easier, quicker and more cost effective. The survey responses show that e-
bikes are making it possible for more people to ride a bicycle, many of whom are
incapable of riding a standard bicycle or do not feel safe doing so. Additionally, the
electric assist of the e-bike helps to generate more trips, longer trips and different types
of bicycle trips.
Council could make some or all classes of e-bikes exempt from the prohibition on the
beach bike path and/or City parks. Local businesses are currently offering e-bike
rentals at the Santa Monica State Beach, and explicitly prohibiting them would remove
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an alternative mode of transportation for those users who prefer e-bikes to the standard
bicycle.
One difficulty that has been raised by SMPD and Code Enforcement is how to
distinguish among the three types of e-bikes. As of 2017, all e-bikes are required to
have a label that describes its types, speed, and motor wattage. If Class I and II e-bikes
were to be permitted on the path, some training would be needed for enforcement
personnel to distinguish Class III e-bikes from Class I and II. Moreover, the proliferation
of motorized devices of any kind put additional strain on a Beach Bike Path that during
summer months was already crowded and difficult to police even before the appearance
of e-scooters. Finally, allowing motorized e-bikes and not e-scooters may be more
difficult to explain and enforce with the public.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Candice Cobarrubias, Lieutenant
Approved
Forwarded to Council
Attachments:
A. Ordinance - Traffic Regulations - Chapter 3.12 Cleanup - 08282018 Final
B. Written Comments
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City Council Meeting: August 28, 2018 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 3.12 AND SECTIONS 4.55.065 AND
10.08.460 OF THE SANTA MONICA MUNICIPAL CODE TO CLARIFY AND UPDATE
REGULATIONS PERTAINING TO THE OPERATION OF ELECTRIC BICYCLES,
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, ELECTRICALLY
MOTORIZED BOARDS, LOW-SPEED VEHICLES, AND MOTORIZED SCOOTERS IN
LOCATIONS INCLUDING THE BEACH-BIKE PATH, CITY PARKS AND THE
MUNICIPAL PIER
WHEREAS, the City of Santa Monica (City) maintains jurisdiction to enforce state
and local traffic laws within City limits, including the portion of the Marvin Braude Coastal
Bike Trail (“Beach Bike-Path”) within City limits; and
WHEREAS, under state law, a motorized scooter may operate on a bicycle path
or trail or bikeway, unless a local authority having jurisdiction over that path, trail, or
bikeway prohibits that operation by ordinance; and
WHEREAS, in recent months, in part due to rapid technological advancements,
the City parks and the Beach Bike-Path specifically have been flooded with mobility
devices, primarily motorized scooters; and
WHEREAS, the rapid proliferation of mobility devices, primarily motorized
scooters, creates safety hazards for pedestrians, bicyclists and mobility device users; and
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WHEREAS, the Beach Bike-Path is a completely separated right-of-way
designated principally for the use of bicycles with crossflows by motorists minimized; and
WHEREAS, motorized scooters left in City parks and on the Beach Bike-Path,
block paths of travel and create safety hazards, especially for persons with disabilities;
and
WHEREAS, even in the past few months, motorized scooters have been involved
in a number of accidents, some resulting in serious injuries; and
WHEREAS, the City desires to clarify traffic regulations as they pertain to the
operation of mobility devices.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3.12 of the Santa Monica Municipal Code is hereby amended
to read as follows:
3.12 Traffic Regulations
3.12.010 Definitions.
(a) Unless expressly stated otherwise, the The following words and phrases
as used in this Chapter shall have the meanings set forth in the California Vehicle Code
following Sections.
(b) “Business District” shall mean that portion of a highway and the property
contiguous thereto upon one side of which highway for a distance of three hundred feet,
where fifty percent or more of the contiguous property fronting thereon is occupied by
buildings in use for business, or upon both sides of which highway collectively for a
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distance of one hundred fifty feet, where fifty percent or more of the contiguous property
fronting thereon is so occupied.
(c) “Driveway Apron” shall mean that portion of a regularly established
driveway lying between a property line and any curb, the purpose of which is to provide
vehicular access from the street across the curb, parkway and sidewalk to the property
fronting thereon or abutting thereto.
(d) “Loading Zone” shall mean that space adjacent to a curb reserved for the
exclusive use of vehicles actively engaged in loading or unloading of materials, freight
or passengers.
(e) “Parkway” shall mean is that portion of a street other than a roadway or a
sidewalk.
3.12.030 Business district.
“Business District” is that portion of a highway and the property contiguous
thereto upon one side of which highway for a distance of three hundred feet, where fifty
percent or more of the contiguous property fronting thereon is occupied by buildings in
use for business, or upon both sides of which highway collectively for a distance of one
hundred fifty feet, where fifty percent or more of the contiguous property fronting
thereon is so occupied.
3.12.040 Crosswalk.
“Crosswalk” is either:
(a) That portion of a roadway ordinarily included within the prolongation or
connection of the boundary lines of sidewalks at intersections where the intersecting
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roadways meet at approximately right angles, except the prolongation of any such lines
from an alley across a street.
(b) Any portion of a roadway distinctly indicated for pedestrian crossings by
lines or other markings on the surface.
3.12.050 Curb.
“Curb” is the boundary of that portion of a street designed for the use of a
vehicle.
3.12.060 Intersection.
“Intersection” is the area embraced within the prolongation of the curb lines of
two or more streets which join at an angle, whether or not one such street crosses the
other.
3.12.070 Loading zone.
“Loading Zone” is that space adjacent to a curb reserved for the exclusive use of
vehicles actively engaged in loading or unloading of materials, freight or passengers.
3.12.080 Official traffic control signals.
“Official Traffic Control Signals” include any devices, whether manually,
electrically or mechanically operated, by which traffic is alternately directed to stop and
proceed, and which is placed or erected by authority of a public body or official having
jurisdiction.
3.12.090 Official traffic control devices.
“Official Traffic Control Devices” include all signs, signals, markings, and devices
consistent with Vehicle Code Sections 440 and 21400, placed or erected by authority of
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a public body or official having jurisdiction for the purpose of regulating, warning, or
guiding traffic.
3.12.100 Operator.
“Operator” includes any person who is in actual physical control of a vehicle.
3.12.110 Park or parking.
“Park” or “Parking” is the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in loading or
unloading passengers or materials.
3.12.120 Parkway.
“Parkway” is that portion of a street other than a roadway or a sidewalk.
3.12.130 Driveway apron.
“Driveway Apron” is that portion of a regularly established driveway lying
between a property line and any curb, the purpose of which is to provide vehicular
access from the street across the curb, parkway and sidewalk to the property fronting
thereon or abutting thereto.
3.12.150 Pedestrian.
“Pedestrian” is any person afoot.
3.12.160 Roadway.
“Roadway” includes that portion of a street between the regularly established
curb lines and that portion of any street, parkway, bridge, or tunnel, which is included
between the curbs.
3.12.170 Right-of-way.
“Right-of-Way” is the privilege of the immediate use of the street.
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3.12.180 Safety zone.
“Safety Zone” is that marked portion of a roadway reserved for the exclusive use
of pedestrians.
3.12.190 Sidewalk.
“Sidewalk” is that portion of a street other than a roadway or a parkway, set
apart by curbs, barriers, markings or other delineation for pedestrian travel.
3.12.200 Stop or stopping.
“Stop” or “Stopping” is a complete cessation of movement.
3.12.210 Street.
“Street” is every way more than thirty feet in width between property lines.
3.12.220 Traffic.
“Traffic” includes pedestrians, vehicles, and street cars, either singly or together,
while using any street for purposes of travel.
3.12.230 Vehicle.
“Vehicle” includes every device in, upon or by which any person or property is or
may be propelled, moved or drawn upon a street, except a device moved by human
power or used exclusively upon stationary rails or tracks.
3.12.240 Vehicle Code.
“Vehicle Code” is the Vehicle Code of the State of California.
3.12.250 Obedience to police.
Officers of the Police Department are authorized to direct all traffic by means of
visible or audible signal, and no person shall fail or refuse to comply with any lawful
order, signal or direction of a traffic or police officer.
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3.12.260 Official traffic control signals.
Whenever traffic is controlled by official traffic control signals exhibiting the
words “GO,” “CAUTION,” or “STOP,” or exhibiting different colored lights successively,
one at a time, such signals shall conform with the requirements of the Vehicle Code and
all persons shall comply with such signals.
3.12.270 Disobeying instructions of various signals.
No person shall disobey instructions of any banner or sign erected by the City
and erected or placed in accordance with provisions of this Chapter.
3.12.280 Parking and Traffic Engineer to establish crosswalks.
The Parking and Traffic Engineer is authorized and required to establish and
maintain, or cause to be established and maintained, and to designate upon the surface
of the roadway by appropriate devices, marks, or white or yellow lines, crosswalks
approximately equal in width to the adjacent sidewalk at all intersections and between
intersections where, in his opinion, there is particular danger to pedestrians crossing the
roadway.
3.12.290 Special controls required.
The Parking and Traffic Engineer to Install and Maintain All Traffic Control
Devices. The Parking and Traffic Engineer is authorized to determine those streets,
intersections, and crosswalks at which traffic is hazardous or dangerous to life or
property by reason of the volume of traffic upon such streets or at such intersections or
crosswalks, or the lack of visibility of the drivers of vehicles approaching such streets,
intersections, or crosswalks, or because of the numerous reported accidents or the
possibility thereof, or by reason of other physical conditions likely to render any such
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street, intersection, or crosswalk dangerous or hazardous to life or property. When the
Parking and Traffic Engineer has determined that a street, intersection, or crosswalk is
dangerous or hazardous to life or property, he or she is authorized and empowered to
place, erect, and maintain traffic control signals, signs, and other such devices at, on, or
near such streets, intersections, or crosswalks as he or she shall designate. Every such
traffic control device shall conform to the requirements of the Vehicle Code of the State
of California.
3.12.310 Use of barricaded street or pavement prohibited.
No person shall ride or drive any animal, or ride, drive or propel any vehicle over
or across any new pavement in any public street, across or around which pavement
there is a barrier, or at, or near which, there is a person or a sign warning persons not to
drive over or across such pavement, or a sign stating that the street is closed.
3.12.320 Exemptions to certain Sections.
The provisions of this Article regulating the operation, parking and standing of
vehicles, shall not apply to any vehicle of the Police or Fire Department, any public
ambulance, or any public utility vehicle or any private ambulance, which public utility
vehicle or private ambulance has an agency vehicle, when any vehicle mentioned in this
Section is operated in the manner specified in the Vehicle Code in response to an
emergency call.
The foregoing exemptions shall not, however, protect the driver of any such
vehicle from the consequences of his or her willful disregard of the safety of others.
The provisions of this Article regulating the parking or standing of vehicles
shall not apply to any vehicle of a City department or public utility while necessarily in
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use for construction or repair work, or any vehicle owned by the United States while in
use for the collection, transportation or delivery of United States mail, or any vehicle
when displaying identification indicating the vehicle is in City use in a form prescribed by
the Chief of Police and visible from outside the vehicle. Such identification shall be
issued by the Chief of Police subject to approval by the City Manager. Such
identification shall be displayed on a vehicle only by the person to whom it is issued and
only during the time such person is in the course of conducting authorized City
business.
3.12.330 Pedestrians’ right to use of roadway.
No pedestrian shall cross a roadway other than by a crosswalk in any business
district.
3.12.340 Pedestrians to obey signals.
At intersections where traffic is directed by a Traffic or Police Officer or traffic
sign or signal, no pedestrian shall cross the roadway other than with released traffic.
3.12.350 Obstructing pedestrian or vehicular traffic.
No person shall block, impede, or obstruct any public place or any entrance, exit,
or approach to any place of business in or upon any public place in a manner calculated
or with the intent to prevent, relay, hinder, or interfere with the free passage therealong
or therethrough of any other person who is entering, occupying, or leaving any place of
business, or who is performing any service or labor, or who is seeking or obtaining
employment, or who is purchasing, selling, using, delivering, transporting or receiving
any goods, wares, merchandise, services, entertainment, accommodations or articles,
or who is attempting or seeking to do any of the foregoing, or to prevent, relay, hinder or
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interfere with the free passage therealong or therethrough of any vehicle or conveyance
operated by or in the custody of any such other person or in which any such other
person is riding or attempting to ride.
3.12.360 Obstructing, leaving or placing property on, or sitting
or lying on public rights-of-way or public property
Sitting or lying on sidewalks or in the Promenade roadway in the
Bayside District.
(a) Sitting or lying on sidewalks or in the Promenade roadway in the Bayside
Conservation District of the Downtown area.
(a1) During the hours between six a.m. and one a.m., no person shall:
(1a) Sit or lie down upon a public sidewalk in the Bayside
Conservation District or upon the Third Street Promenade roadway;
(2b) Sit or lie down upon a blanket, chair, stool, bench or any
other object placed or installed on a public sidewalk in the Bayside
Conservation District or the Third Street Promenade roadway; or
(3c) Sit, stand, lie down upon or otherwise be present upon any
planting, railing, topiary or statue placed upon or installed on a public
sidewalk in the Bayside Conservation District or the Third Street
Promenade roadway.
(b2) The prohibition contained in this Section shall not apply to any
person:
(1a) Sitting or lying down on a public sidewalk or the Third Street
Promenade roadway due to a medical emergency;
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(2b) Utilizing a wheelchair, walker or similar device to move about
the public sidewalk or the Third Street Promenade roadway as the result
of a disability;
(3c) Sitting while operating or patronizing a commercial
establishment or business conducted on the public sidewalk or Third
Street Promenade roadway pursuant to a street use permit, license or
other City-issued authorization;
(4d) Sitting while participating in or attending a parade, festival,
rally, demonstration, meeting or similar special event lawfully conducted
pursuant to a City-issued permit or license on the public sidewalk or Third
Street Promenade roadway;
(5e) Sitting on a bollard, chair or bench located on the public
sidewalk or Third Street Promenade roadway and which is supplied by a
public agency;
(6f) Sitting on a ledge, step or other masonry surface which
borders the fountains or topiary planters on the public sidewalk or Third
Street Promenade roadway;
(7g) Sitting on a public sidewalk within a bus stop zone while
waiting for public or private transportation; or
(8h) Giving a street performance pursuant to a permit issued by
the City.
(c) Any person violating this Section shall be guilty of an infraction, which shall
be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor,
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which shall be punishable by a fine not exceeding one thousand dollars, or by
imprisonment in the County Jail for a period not exceeding six months or by both such
fine and imprisonment.
3.12.370 Leaving or placing property, or other items on sidewalks, streets,
streetscape, or public buildings.
(b) Except as otherwise permitted by this Code or City contract, no person
shall upon any public sidewalk, street, right-of-way, streetscape, public building, or other
public facility:
(a1) Leave any property or other item unattended for a period of longer
than ten minutes;
(b2) Place any property or other item(s) unless the item(s) can promptly
and safely be transported or removed all at once within three minutes.
(c) Any person violating subsection (a) or (b) of this Section shall be
guilty of a misdemeanor, which shall be punishable by a fine not exceeding one
thousand dollars per violation, or by imprisonment in the County Jail for a period not
exceeding six months, or by both fine and imprisonment; or shall be guilty of an
infraction, which shall be punishable by a fine of not less than one hundred dollars but
not more than two hundred fifty dollars.
3.12.372 Sidewalk obstruction.
(ac) No person shall block or obstruct any public sidewalk so that less than a
four-foot contiguous sidewalk width is kept clear for pedestrian passage at all times.
(1) Conduct prohibited by this subsSection includes, but is not limited
to, blocking or obstructions caused by:
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(1a) Placing any property, material, or other item upon any public
sidewalk; or
(2b) Sitting or lying down upon any public sidewalk; or
(3c) Sitting or lying down upon a blanket, chair, stool, bench or
any other portable object placed on a public sidewalk; or
(4d) Performing sit-ups, push-ups, weight training or similar
stationary exercise activity upon any public sidewalk.
(b2) The prohibitions contained in this subsSection shall not apply to any
person:
(1a) Sitting or lying on a public sidewalk due to a medical
emergency or as permitted by Federal, State or local law; or
(2b) Sitting or lying on a public sidewalk while participating in or
attending a parade, festival, rally, demonstration, meeting or activity
lawfully conducted pursuant to a City-issued permit or license on the
public sidewalk; or
(3c) Sitting on a public sidewalk within a bus stop zone while
waiting for public or private transportation.
3.12.373 Driveway obstruction.
(a) No person shall block or obstruct vehicular access to or from any
driveway. Conduct prohibited by this Section includes, but is not limited to,
blocking or obstructions caused by:
(1) Placing any property, material, or other item upon any public
sidewalk; or
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(2) Sitting or lying down upon any public sidewalk; or
(3) Sitting or lying down upon a blanket, chair, stool, bench or any
other object placed on a public sidewalk; or
(4) Performing sit-ups, push-ups, weight training or similar stationary
exercise activity upon any public sidewalk.
(b) The prohibitions contained in this Section shall not apply to any
person sitting or lying on a public sidewalk due to a medical emergency.
(c) Any person violating this Section shall be guilty of an infraction,
which shall be punishable by a fine not exceeding two hundred fifty
dollars, or a misdemeanor, which shall be punishable by a fine not
exceeding one thousand dollars, or by imprisonment in the County Jail for
a period not exceeding six months or by both such fine and imprisonment.
(d) This Section neither applies to any vehicle that blocks or obstructs
any driveway, nor prohibits enforcement of any other applicable law,
including Vehicle Code Section 22651.
3.12.375 Sidewalk obstruction.
(d) No person shall place any device on a public sidewalk for displaying or
distributing goods, written materials, merchandise, food, or any other item except a
portable table or cart which is utilized in accordance with the following criteria:
(a1) The table or cart shall be located:
(1a) At least ten feet from the outer edge of any entrance of any
business, including, but not limited to doors; vestibules; driveways;
outdoor dining area entries; and emergency exits, during the hours that
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any business on the premises is open to the public or to persons having or
conducting lawful business on those premises;
(2b) At least ten feet from any bus stop;
(3c) At least ten feet from any street corner or a marked
pedestrian crosswalk;
(4d) So that a curb cut is not blocked or obstructed.
(b2) The table or cart shall not be larger than four feet in width by four
feet in length by three feet in height.
(c3) No structures shall be attached to the table or cart. No other
structure may be used to display the items. The display area, including the table or cart,
shall be maintained in a neat and presentable manner. None of the items shall be
displayed in an area other than upon the table or cart, including, but not limited to, in
display racks on the sidewalks or in the hanging of the items from a building or fence or
other structure. Any boxes or accessory items shall be stored entirely beneath the table
or cart and shall not be stored or piled alongside, of, behind, or in front of the table or
cart. The items may be stacked on the table or cart, provided that each stack shall not
exceed the height of twelve inches. Signs may be attached to the side of or on top of
the table or cart. No signs may extend higher than the top of the table or cart and no
signs may be affixed to City facilities. The site shall be kept clean and all rubbish shall
be deposited in proper receptacles regularly during the day and prior to departing the
site each day. Two chairs may also be utilized. The chairs may be placed behind or next
to (but not in front of) the table or cart.
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(d4) No person shall utilize sandwich board signs (“A” frames), canopies,
freestanding umbrellas, tents, and similar coverings unless such use is authorized by a
street use permit, license, or other City-issued authorization.
(e5) The table, cart, and all the person’s other items shall be capable of
being transported or removed at one time.
(f6) This Section shall not apply to vendors regulated by Chapter 6.36.
(e) No person shall block or obstruct vehicular access to or from any
driveway.
(1) Conduct prohibited by this Section includes, but is not limited to,
blocking or obstructions caused by:
(a) Placing any property, material, or other item upon any public
sidewalk; or
(b) Sitting or lying down upon any public sidewalk; or
(c) Sitting or lying down upon a blanket, chair, stool, bench or any
other object placed on a public sidewalk; or
(d) Performing sit-ups, push-ups, weight training or similar
stationary exercise activity upon any public sidewalk.
(2) The prohibitions contained in this subsection shall not apply to any
person sitting or lying on a public sidewalk due to a medical emergency.
(3) This subsection neither applies to any vehicle that blocks or
obstructs any driveway, nor prohibits enforcement of any other applicable law,
including Vehicle Code Section 22651.
3.12.390 Motor vehicle loading and unloading.
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It is unlawful for an automobile dealer or person acting on behalf or under the
direction of an automobile dealer to load or unload motor vehicles at automobile
agencies between the hours of eight p.m. and eight a.m.
3.12.400 One-way streets—Appian Way.
(a) Appian Way. Vehicular traffic on the twenty-four foot roadway on Appian
Way between Palisades Beach Road and the northwesterly property line of Colorado
Avenue in the City shall not be permitted to travel northwesterly along said roadway, or
in the direction from the northwesterly property line of Colorado Avenue to Palisades
Beach Road.
(b) Palisades Beach Road. Vehicular traffic on Palisades Beach Road North
between Ocean Avenue and Palisades Beach Road shall not be permitted to travel
easterly or southeasterly along said roadway, or in the direction from Palisades Beach
Road to Ocean Avenue.
(c) Palisades Beach Road and Ocean Avenue. Vehicular traffic on Palisades
Beach Road and Ocean Avenue shall not be permitted to travel westerly or
northwesterly along said roadway, or in the direction from Ocean Avenue to Palisades
Beach Road.
(d) Colorado Avenue Bridge—Northwesterly. Vehicular traffic on the roadway
adjacent to and Northwesterly of the Colorado Avenue Bridge between Ocean Avenue
and Palisades Beach Road North shall not be permitted to travel northeasterly or in the
direction from Palisades Beach Road North to Ocean Avenue.
(e) Colorado Avenue Bridge—Southeasterly. Vehicular traffic on the roadway
adjacent to and Southeasterly of the Colorado Avenue Bridge between Palisades Beach
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Road North and Ocean Avenue shall not be permitted to travel southwesterly or in the
direction from Ocean Avenue to Palisades Beach Road North.
3.12.410 One way streets—Palisades Beach Road.
Vehicular traffic on Palisades Beach Road North between Ocean Avenue and
Palisades Beach Road shall not be permitted to travel easterly or southeasterly along
said roadway, or in the direction from Palisades Beach Road to Ocean Avenue. (Prior
code § 3340)
3.12.420 One way streets—Palisades Beach Road and Ocean Avenue.
Vehicular traffic on Palisades Beach Road and Ocean Avenue shall not be
permitted to travel westerly or northwesterly along said roadway, or in the direction from
Ocean Avenue to Palisades Beach Road.
3.12.430 One way streets—Colorado Avenue Bridge—Northwesterly.
Vehicular traffic on the roadway adjacent to and Northwesterly of the Colorado
Avenue Bridge between Ocean Avenue and Palisades Beach Road North shall not be
permitted to travel northeasterly or in the direction from Palisades Beach Road North to
Ocean Avenue.
3.12.440 One way streets—Colorado Avenue Bridge—Southeasterly.
Vehicular traffic on the roadway adjacent to and Southeasterly of the Colorado
Avenue Bridge between Palisades Beach Road North and Ocean Avenue shall not be
permitted to travel southwesterly or in the direction from Ocean Avenue to Palisades
Beach Road North.
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3.12.450 Authority of Parking and Traffic Engineer.
(a) The Parking and Traffic Engineer is authorized to determine those streets
or alleys on which traffic is hazardous or dangerous, or by reason of the volume of
traffic in such streets or alleys, the public safety or convenience, in his or her estimation,
would best be served by allowing traffic on such streets or alleys to proceed in one
direction only.
3.12.460 To be posted.
(b) When the Parking and Traffic Engineer has determined that a street or
alley is hazardous or dangerous, or by reason of the volume of traffic on such streets or
alleys, the public convenience would best be served by allowing traffic to proceed in one
direction only on such street or alley, he or she is authorized and empowered to place
and maintain an appropriate sign at or near the entrance of and along such streets or
alleys as he or she may designate, and thereafter, no person shall drive a vehicle on
such streets or alleys in violation of such posted one-way sign.
3.12.470 Prohibiting certain vehicles from using California Avenue between
Ocean Avenue and the Palisades Beach Road.
No person shall operate upon the public highway known as California Avenue
between Ocean Avenue and the Palisades Beach Road, said portion of said California
Avenue being commonly referred to as the California Incline, any vehicle which has a
gross weight, including any load thereon, in excess of six thousand pounds.
3.12.480 State speed laws applicable.
The State traffic laws regulating the speed of vehicles as stipulated in the
California Vehicle Code shall be applicable basis of engineering and traffic investigation
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that certain speed regulations shall be applicable upon specified streets or in certain
areas, in which event it shall be prima facie unlawful for any person to drive a vehicle at
a speed in excess of any speed so declared in the ordinance codified in this Section
when signs are in place giving notice thereof.
3.12.490 Speed limits established on the basis of an engineering and traffic
survey pursuant to the California Vehicle Code.
The following speed limits are established pursuant to the California Vehicle
Code. These prima facie speed limits shall be effective when appropriate signs giving
notice thereof are erected for each listed street.
(1) Forty miles per hour:
(a) Olympic Boulevard from 11th Street to Centinela Avenue.
(2) Thirty-five miles per hour:
(a) Lincoln Boulevard from Santa Monica Freeway to south City limit;
(b) Ocean Park Boulevard from 23rd Street to Centinela Avenue;
(c) Pico Boulevard from Appian Way to Centinela Avenue;
(d) San Vicente Boulevard from Ocean Avenue to 26th Street.
(3) Thirty miles per hour:
(a) 2nd Street from Wilshire Boulevard to Colorado Avenue;
(b) 4th Street from Colorado Avenue to Pico Boulevard;
(c) 11th Street from San Vicente Boulevard to Marine Street;
(d) 14th Street from San Vicente Boulevard to Ashland Avenue;
(e) 20th Street from Wilshire Boulevard to Pico Boulevard;
(f) 26th Street from north City limit to Cloverfield Boulevard;
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(g) Cloverfield Boulevard from Santa Monica Boulevard to Pico
Boulevard;
(h) Colorado Avenue from Ocean Avenue to Centinela Avenue;
(i) Dewey Street from Robson Avenue to 23rd Street;
(j) Lincoln Boulevard from Wilshire Boulevard to Santa Monica Freeway;
(k) Main Street from Colorado Avenue to Pico Boulevard;
(l) Marine Street from Lincoln Boulevard to 17th Street;
(m) Montana Avenue from Ocean Avenue to 7th Street;
(n) Montana Avenue from 14th Street east City limit;
(o) Neilson Way from Pico Boulevard to south City limit;
(p) Ocean Avenue from north City limit to Pico Boulevard;
(q) Ocean Park Boulevard from Barnard Way to 23rd Street;
(r) Santa Monica Boulevard from Lincoln Boulevard to Centinela
Avenue;
(s) Stewart Street from Colorado Avenue to Pico Boulevard;
(t) Wilshire Boulevard from Ocean Avenue to Centinela Avenue.
(4) Twenty-five miles per hour:
(a) 2nd Street from Montana Avenue to Wilshire Boulevard;
(b) 4th Street from San Vicente Boulevard to Colorado Avenue;
(c) 4th Street from Pico Boulevard to south City limit;
(d) 5th Street from Montana Avenue to Olympic Boulevard;
(e) 6th Street from Montana Avenue to Colorado Avenue;
(f) 7th Street from north City limit to Olympic Boulevard;
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(g) 17th Street from San Vicente Boulevard to south City limit;
(h) 20th Street from San Vicente Boulevard to Wilshire Boulevard;
(i) 20th Street from Pico Boulevard to Ocean Park Boulevard;
(j) 23rd Street from Pico Boulevard to Ocean Park Boulevard;
(k) 28th Street from Pico Boulevard to Ocean Park Boulevard;
(l) Appian Way from Santa Monica Pier to Bay Street;
(m) Arizona Avenue from Ocean Avenue to Centinela Avenue;
(n) Ashland Avenue from Lincoln Boulevard to 23rd Street;
(o) Barnard Way from Hollister Avenue to Neilson Way;
(p) Broadway from Ocean Avenue to Centinela Avenue;
(q) California Avenue from Pacific Coast Highway to 4th Street;
(r) Cloverfield Boulevard from Pico Boulevard to Ocean Park Boulevard;
(s) Lincoln Boulevard from San Vicente Boulevard to Montana Avenue;
(t) Main Street from Pico Boulevard to south City limit;
(u) Marguerita Avenue from Ocean Avenue to 7th Street;
(v) Marine Street from Neilson Way to Lincoln Boulevard;
(w) Montana Avenue from 7th Street to 14th Street;
(x) Ocean Avenue from Pico Boulevard to Hollister Avenue;
(y) Olympic Drive from Main Street to 4th Street;
(z) Pearl Street from Lincoln Boulevard to Centinela Avenue;
(aa) Robson Street from 17th Street to Dewey Street;
(bb) Santa Monica Boulevard from Ocean Avenue to Lincoln Boulevard;
(cc) Stanford Street from Montana Avenue to Colorado Avenue;
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(dd) Washington Street from Ocean Avenue to Stanford Street.
The following speed limits are established pursuant to California Vehicle Code
Section 22358.4(b)(1):
(1) A fifteen-mile-per-hour prima facie limit in a residence district, on a highway
with a posted speed limit of thirty miles per hour or slower, when approaching, at a
distance of less than five hundred feet from, or passing, a school building or the
grounds of a school building, contiguous to a highway and posted with a school warning
sign that indicates a speed limit of fifteen miles per hour, while children are going to or
leaving the school, either during school hours or during the noon recess period. The
prima facie limit shall also apply when approaching, at a distance of less than five
hundred feet from, or passing, school grounds that are not separated from the highway
by a fence, gate, or other physical barrier while the grounds are in use by children and
the highway is posted with a school warning sign that indicates a speed limit of fifteen
miles per hour.
(2) A twenty-five-mile-per-hour prima facie limit in a residence district, on a
highway with a posted speed limit of thirty miles per hour or slower, when approaching,
at a distance of five hundred to one thousand feet from, a school building or the grounds
thereof, contiguous to a highway and posted with a school warning sign that indicates a
speed limit of twenty-five miles per hour, while children are going to or leaving the
school, either during school hours or during the noon recess period. The prima facie
limit shall also apply when approaching, at a distance of five hundred to one thousand
feet from, school grounds that are not separated from the highway by a fence, gate, or
other physical barrier while the grounds are in use by children and the highway is
24
posted with a school warning sign that indicates a speed limit of twenty-five miles per
hour.
(3) The school zone speed limit for each listed street, or portion thereof, shall be
as set forth in subsections (1) and (2), above, follows when signs are erected giving
notice thereof on the following streets:
(a) 6th Street from Pico Boulevard to Bay Street (Santa Monica High
School);
(b) 14th Street from Idaho Avenue to Wilshire Boulevard (Lincoln Middle
School);
(c) 14th Street from Pearl Street to Maple Street (Will Rogers Learning
Community);
(d) 16th Street from Pico Boulevard to Ocean Park Boulevard (John
Adams Middle School);
(e) 16th Street from Idaho Avenue to Wilshire Boulevard (Lincoln Middle
School);
(f) 17th Street from Pearl Street to Ocean Park Boulevard (John Adams
Middle School);
(g) 24th Street from Grant Elementary School to Ocean Park Boulevard
(Grant Elementary School);
(h) Arizona Avenue from 23rd Street to 25th Street (McKinley Elementary
School);
(i) California from 14th Street to 16th Street (Lincoln Middle School);
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(j) Chelsea Avenue from Arizona Avenue to Santa Monica Boulevard
(McKinley Elementary School);
(k) Idaho Avenue from 23rd Street to 25th Street (Franklin Elementary
School);
(l) Lincoln Boulevard from Alta Avenue to Montana Avenue (Roosevelt
Elementary School);
(m) Montana Avenue from 23rd Street to 25th Street (Franklin Elementary
School);
(n) Ocean Park Boulevard from 4th Street to Beverley Avenue (John Muir
Elementary School);
(o) Pearl from Cloverfield Boulevard to 25th Street (Grant Elementary
School);
(p) Washington Avenue from 14th Street to 16th Street (Lincoln Middle
School);
(q) Virginia Avenue from High Place to Frank Street (Edison Language
Academy);
(r) Pearl Street from 16th Street to 20th Street (John Adams Middle
School).
The speed limit of fifteen miles per hour is established pursuant to California
Vehicle Code Section 22358.3 for the following streets:
(a) Bryn Mawr Avenue from 16th Street to 18th Street;
(b) Sunset Avenue from 16th Street to Dewey Street;
(c) Wellesley Drive from Ashland Avenue to 18th Street.
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3.12.500 Speed restricted on Municipal Piers.
No person shall drive or operate any vehicle over or upon the Municipal Pier at a
greater rate of speed than ten miles per hour.
3.12.510 Speed restricted on Third Street Promenade.
No person shall drive or operate any vehicle over or upon the Third Street
Promenade at a greater rate of speed than fifteen miles per hour.
3.12.520 Emerging from alley or private driveway.
The driver of a vehicle emerging from an alley, driveway or building shall stop
such vehicle immediately prior to driving on the sidewalk or into the sidewalk area
extending across any alleyway, driveway or building.
3.12.530 Crossing fire hose.
No street car or vehicle shall be driven over any unprotected hose of the Fire
Department when laid down on any street, private driveway or street car track to be
used at any fire or alarm of fire, without the consent of the Fire Chief or the officer in
command, nor shall any person park any vehicle within the block where fire apparatus
has stopped in answer to a fire alarm.
3.12.540 Bicycle riding or coasting restricted.
(a) It shall be unlawful to ride a bicycle or to coast in any vehicle upon any
public sidewalk, except as provided for in Section 3.12.550. It shall be unlawful to ride a
bicycle or to coast in any vehicle in any public parking structure.
(b) Notwithstanding subsection (a) of this Section, or any other Section of this
Code, public safety personnel may operate bicycles or roller skates at any place in the
City in the performance of their duties.
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(c) Any person violating subsection (a) of this Section shall be guilty of a
misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars
per violation, or by imprisonment in the County Jail for a period not exceeding six
months, or by both fine and imprisonment; or shall be guilty of an infraction, which shall
be punishable by a fine of not less than one hundred dollars but not more than two
hundred fifty dollars.
3.12.550 Bike-path and beach promenade.
(a) It shall be unlawful to ride a bicycle or to coast in any vehicle upon the
Beach Promenade; 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 bike-
path shall comply with all lawful signs and directional markings, including, but not limited
to, painted, directional arrows, bike-path route boundaries, and signs designating
permissible travel lanes.
(b) It shall be unlawful to operate a pedicab upon the beach bike-path.
3.12.560 Prohibited vehicles.
In the area where bicycle riding is permitted by Section 3.12.550, no vehicle of
any type shall be permitted except unicycles, bicycles, bicycles with training wheels,
wheelchairs, and single-person tricycles operated by a person eighteen years of age or
older.
3.12.570 Reckless cycling.
Any person operating a bicycle in willful or wanton disregard for the safety of
persons or property is guilty of reckless cycling.
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3.12.580 Riding on handle bars prohibited.
No operator of any bicycle or motorcycle shall carry any other person upon the
bar, handle bars or tank of any such vehicle, and no person shall so ride upon any such
vehicle.
3.12.590 Regulation of roller skates, skateboards and similar devices with wheels
on public streets and other public areas and bicycles on the Third Street Promenade
roadway.
The City Council may, by resolution, adopt regulations prohibiting or limiting the
use of bicycles on the Third Street Promenade roadway and the use of roller skates,
skateboards and similar devices with wheels in public street rights-of-way, or sections
thereof, and other public areas, or sections thereof, where necessary for public safety.
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. Regulations of bicycles, roller skates, skateboards
and similar devices with wheels in public parks and other cultural or recreational
facilities.
The City Council may, by resolution, adopt regulations prohibiting or limiting the
use of bicycles, roller skates, skateboards and similar devices with wheels in public
parks, or sections thereof, and other cultural or recreational facilities, or sections
thereof, where necessary for public safety.
(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.
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(b) Beach bike-path. It shall be unlawful to ride or operate a pedicab, electric
bicycle, electric personal assistive mobility device, electrically motorized board, low-
speed vehicle, motorized scooter, or other vehicle upon 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, 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.
(e) Roller skates, skateboards, and similar devices. The City Council may, by
resolution, adopt regulations prohibiting or limiting the use of roller skates, skateboards
and similar devices with wheels in public street rights-of-way and public areas, where
necessary for public safety.
(f) Third Street Promenade and Municipal Pier. The City Council may, by
resolution, adopt regulations prohibiting or limiting the use of roller skates, skateboards
and similar devices with wheels; bicycles; electric bicycles; electric personal assistive
mobility devices; electrically motorized boards; low-speed vehicles; motorized scooters;
30
and/or other vehicles on the Third Street Promenade and/or the Municipal Pier, where
necessary for public safety.
(g) Reckless riding or operating. 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 willful or wanton
disregard for the safety of persons or property. Reckless and unlawful operating
includes carrying any other person upon the bar, handle bars, floorboard or other area
of a bicycle, electric bicycle, electric personal assistive mobility device, electrically
motorized board, low-speed vehicle, motorized scooter, or other vehicle not designed
for passenger riding or designed for a single person, and reckless and unlawful riding
includes riding in any such a manner. Reckless and unlawful operating also includes
clinging to or attaching oneself or one’s motorized or non-motorized wheeled device to
any moving vehicle or motorized or non-motorized wheeled device.
(h) Notwithstanding any other provision of this Section, or any other Section
of this Code, public safety personnel may operate a bicycle, electric bicycle, electric
personal assistive mobility device, electrically motorized board, low-speed vehicle,
motorized scooter, or other vehicle at any place in the City in the performance of their
duties.
(j) This Section shall not apply to any person who is operating a self-
propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of
physical disability, is otherwise unable to move about as a pedestrian.
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3.12.610 Public notice and posting of signs required.
Public notice of any resolution proposed for adoption pursuant to Section
3.12.590 or 3.12.600 above shall be conspicuously posted at the location to be subject
to regulation not less than ten days prior to the date on which the City Council will
consider such resolution. Actions taken pursuant to Sections 3.12.540, 3.12.590 and
3.12.600 above shall not take effect until proper signs conveying notice of such
prohibited uses have been posted.
3.12.620 Funeral procession.
No operator of any vehicle or street car shall drive between the vehicles
comprising a funeral procession, provided that such vehicles are conspicuously so
designated.
3.12.630 Clinging to moving vehicles.
No person traveling upon any bicycle, coaster, roller skates, motorcycle or any
toy vehicle shall cling to or attach himself or his vehicle to any other moving vehicle or
street car.
3.12.650 Scattering load.
It is unlawful to operate any vehicle so loaded that any part of its load is dropped
upon the roadway.
3.12.660 Driving on rims.
No person shall tow, propel or operate any motor vehicle, designed for operation
on rubber-tired wheels, upon or along any surfaced public street so as to permit or
cause the metal rim of any wheel thereof to be in contact with the surface of the street,
except in cases when, as a direct result of accident or tire failure, it becomes necessary
32
to remove the vehicle to a place of repair or to the residence or place of business of the
owner, or to clear the vehicle from the public way, in which event the maximum speed at
which such vehicle may so be driven shall be six miles per hour. (Prior code § 3357)
3.12.670 Vehicle occupancy restrictions.
No vehicle occupied by any person for more than thirty minutes between the
hours of twelve a.m. and five a.m. shall be parked on any street in the R-1, R-2, R-2R,
R-3, or R-4 Residential Districts after any occupant of such vehicle has been ordered by
a peace officer to move such vehicle from such street.
3.12.675 Transit lanes.
The Parking and Traffic Engineer may designate specified lanes of traffic for
transit service as follows:
(a) Lanes on Santa Monica Boulevard and Broadway between Ocean Avenue
and Fifth Street may be designated for use by public transit buses only.
(b) Parking on Lincoln Boulevard may be restricted to create transit lanes for
use by: (1) public transit buses; (2) dial-a-ride vans; and (3) charter party carriers and
passenger stages operating pursuant to State licenses or permits. However, dial-a-ride
vans, charter party carriers and passenger stages may only use transit lanes if they
have at least two passengers on board and may not make passenger stops within the
transit lane.
3.12.680 Regulation of operation of vehicles over a certain size.
(a) Weight Limitations. It shall be unlawful for any vehicle having a gross weight,
including load, in excess of three tons to be operated on any street within this City
except those streets defined in subsections (b) and (c) as primary or secondary truck
33
routes, except when necessary for the purpose of making pickups or deliveries of
goods, wares, and merchandise from or to any building or structure located on the
restricted street or for the purpose of delivering materials to be used in the actual and
bona fide repair, alteration, remodeling, or construction of any building or structure upon
the restricted street for which a building permit has previously been obtained.
(b) Primary Truck Route. The primary truck route is to be used for all inter-City
and interstate truck traffic and shall be as follows:
(1) The Santa Monica Freeway.
(2) Olympic Boulevard.
(3) The Pacific Coast Highway.
(4) Lincoln Boulevard, from Olympic Boulevard to the southerly City
limits.
(c) Secondary Truck Routes. The secondary truck routes are to be used by
trucks transporting merchandise, materials, or equipment having an origin or destination
within the City limits and are as follows:
(1) Montana Avenue, from Seventh Street to Twenty-Sixth Street.
(2) Santa Monica Boulevard.
(3) Colorado Avenue.
(4) Broadway, from Ocean Avenue to Twenty-Sixth Street.
(5) Exposition Boulevard.
(6) Pico Boulevard, from Ocean Avenue to the easterly City limits.
(7) Ocean Park Boulevard, from Lincoln Boulevard to the easterly City
limits.
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(8) Ocean Avenue, from Santa Monica Boulevard to Pico Boulevard.
(9) Neilson Way.
(10) Main Street, from Pico Boulevard to the southerly City limits.
(11) Lincoln Boulevard, from Montana Avenue to Olympic Boulevard.
(12) Eleventh Street, from Pico Boulevard to Santa Monica Boulevard.
(13) Fourteenth Street, from Ocean Park Boulevard to Montana Avenue.
(14) Seventeenth Street, from Pico Boulevard to Santa Monica Boulevard.
(15) Twentieth Street, from Pico Boulevard to Montana Avenue.
(16) Cloverfield Boulevard except between Pico Boulevard and Ocean
Park Boulevard.
(17) Twenty-Sixth Street except between Montana Avenue and the
northerly City Limits.
(18) Stewart Street.
(d) Deviation from Established Routes. When it becomes necessary for any
vehicle to deviate from the primary or secondary truck routes as permitted by
subsection (a), such deviation shall be made by way of the shortest possible route or
routes between the destination on the restricted street and the nearest streets described
in subsections (b) and (c).
(e) Exemptions for Governmental Vehicles and City Licensed Private Vehicles.
This Section shall not apply to vehicles owned or operated by any Federal, State,
county, or local governmental agency while such vehicles are being used in the
performance of their duties.
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(f) Codification. This Section, insofar as it designates truck routes, is a
codification of Ordinance Number 709 (CCS).
3.12.690 Accident reports.
It shall be the duty of every person riding, driving, or in charge of any animal or
riding, driving, propelling or in charge of any vehicle upon any public street, alley or
other public place, within the City that shall collide with any animal, or with vehicle, or
with any fire hydrant, ornamental lighting post, telephone pole, electric light or power
pole, ornamental shade tree or other property, or object of like nature located in or along
any public street, alley or other public place within said City, to report the same within
twenty-four hours to the Police Department, in writing.
Said report shall state the time when, and the place where such collision took
place; the correct name and address of the person owning and of the person or persons
riding, driving, or in charge of the animal, or riding, driving, propelling, or in charge of
said vehicle, and the correct license number of such vehicle.
3.12.700 Investigation of accidents by any police officer.
All members of the Santa Monica Police Department shall have the power to
investigate accidents resulting in personal injuries or death and to gather evidence for
the purpose of prosecuting the person or persons guilty of any violation of the law
contributing to the happening of such an accident.
3.12.710 Stopping, standing, and parking.
The Director of Planning and Community Development, or designee, is
authorized to establish, maintain, and designate upon the surface of the roadway or
curbs stopping, parking or standing regulation signs or markings, which signs or
36
markings shall conform to the provisions of the Vehicle Code and shall have the
meanings therein prescribed. Such authority includes the power to determine those
streets within any commercial or residential district which have a grade exceeding three
percent and upon which a hazardous condition would be created unless unattended
motor vehicles are parked by blocking the wheels thereof by turning them against the
curb or by other means and to cause appropriate signs to be posted on such streets.
When such signs have been posted, or street or curb markings placed, no person shall
stop, stand or park a vehicle in violation thereof.
3.12.720 Removal of illegally parked vehicles.
Police officers are authorized to remove from streets or highways within the City
to the nearest garage or other place of safety, or to a garage or other place of safety
designated or maintained by the Police Department, any vehicle which has been parked
or left standing in violation of an official sign or marking prohibiting the stopping,
standing or parking of vehicles and giving notice that such vehicle may be removed.
3.12.730 Green parking zones.
A green parking zone shall exist where the curb is painted green. The words “15-
Minute Limit” may also be stenciled on the curb within the zone. No person shall stop,
stand or park in any green parking zone for more than fifteen minutes.
3.12.740 Yellow loading zones.
A yellow loading zone shall exist where the curb is painted yellow. The words
“15-Minute Loading Only 7 a.m. to 6 p.m. Mon—Sat” may also be stenciled on the curb
within the zone. No person shall park in any yellow loading zone between the hours of
seven a.m. and six p.m. Monday through Saturday. No person shall stop, stand or park
37
in a yellow loading zone for a longer time than necessary to load or unload materials,
freight or passengers, and in no event longer than fifteen minutes. A yellow loading
zone may be established if all of the following factors exist:
(a) Sufficient loading activity exists to warrant reducing curb parking by installing
the more restrictive loading zone;
(b) Curb availability for loading is insufficient due to heavy area parking
demand;
(c) Off-street or alley loading is not available.
3.12.760 White loading zones.
A white loading zone shall exist where the curb is painted white. The words “3-
Minute Limit Passenger Loading Only” or “Loading Only” may also be stenciled on the
curb within the zone. No person shall stop, stand or park in any white loading zone for a
longer time than necessary to load or unload passengers or deposit mail in an adjacent
mailbox and in no event longer than three minutes. A white loading zone may be
established if curb parking is insufficient due to heavy area parking and sufficient
loading activity exists to warrant reducing curb parking by installing the more restrictive
loading zone or the following factors exist:
(a) An adjacent hotel or motel with at least fifty rooms and a desk clerk on
duty twenty-four hours a day does not have off-street loading;
(b) An adjacent apartment or apartment-hotel has the same existing factors
as in subsection (a) and at least fifty percent of the average monthly occupancy is of a
transient nature.
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3.12.770 Disabled parking zones.
(a) A disabled parking zone shall exist where the curb or edge of the paved
portion of the street adjacent to the on-street parking space or where the stalls or
spaces in an off-street parking facility have been designated for parking for disabled
persons in the manner required by the Vehicle Code.
(b) No person shall stop, stand or park a vehicle in a disabled parking zone
unless the vehicle has a distinguishing license plate issued to a disabled person
pursuant to Vehicle Code Section 5007 or displays a distinguishing placard issued to a
disabled person pursuant to Vehicle Code Section 22511.55 or 22511.59. Any vehicle
parked in violation of this Section may be removed from the disabled parking zone in
the manner authorized by law.
(c) A disabled parking zone may be established if either of the following
factors exists:
(1) On-street parking is insufficient due to heavy area parking; or
(2) Sufficient vehicular activity by disabled persons exists at the location.
3.12.775 Disabled parking prohibited.
No person shall stand or park a vehicle on a street or in a parking stall or space
in an off-street parking facility when the vehicle displays, in order to obtain special
parking privileges, a distinguishing placard or special license plate issued pursuant to
Vehicle Code Section 5007, 22511.55 or 22511.59, and any of the following conditions
are met:
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(a) The records of the Department of Motor Vehicles for the identification
number assigned to the placard or license plate indicate that the placard or license plate
has been reported as lost, stolen, surrendered, canceled, revoked, or expired, or was
issued to a person who has been reported as deceased for a period exceeding sixty
days.
(b) The placard or license plate is displayed on a vehicle that is not being used
to transport, and is not in the reasonable proximity of, the person to whom the license
plate or placard was issued or a person who is authorized to be transported in the
vehicle displaying that placard or license plate.
(c) The placard or license plate is counterfeit, forged, altered, or mutilated.
3.12.780 Pier or sands parking.
No person shall stand or park a vehicle or trailer on the roadway or driveway
adjacent to the north portion of the Santa Monica Pier, or on the sands of the beach.
3.12.790 Angle and head-in parking.
(a) All parking upon a roadway or street shall be parallel, except upon those
streets which have been marked for or have a posted sign indicating angle parking,
upon which streets vehicles shall be parked at the angle to the curb indicated by such
markings or signs and not otherwise.
(b) No person shall disobey instructions of any official traffic sign requiring
head-in parking.
3.12.800 Emergency stopping, standing or parking.
The provisions of this Chapter prohibiting the stopping, standing or parking of a
vehicle shall apply at all times or at those times herein specified, except when it is
40
necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the
directions of a police officer or official traffic control device.
3.12.810 Standing in roadways or streets.
No pedestrian shall stand in any roadway or street other than in a safety zone or
in a cross walk if such action interferes with the lawful movement of traffic.
This Section shall not apply to any police officer, surveyor, street sweeper or
other person when necessarily upon the street in line of duty.
3.12.820 Standing or parking in alleys.
No person shall stop, stand or park a vehicle in any alley in such a manner so
that the passage therethrough of any fire truck, public sanitation truck or other vehicle
lawfully using such alley is or would be obstructed or hindered.
No person shall stop, stand or park a vehicle for any purpose other than the
loading or unloading of persons or material in any alley between Ocean Avenue and
Lincoln Boulevard, Wilshire and Colorado, or in any alley between the Speedway and
Main Street and between Marine Street and Hollister Avenue.
3.12.830 Parking prohibited in specified places.
(a) Unless otherwise designated by a posted sign or a parking meter, no person
shall stop, park or leave standing any vehicle in front of any entrance to any carport,
garage or in front of any driveway apron, or upon that portion of any public street or
place in the City where the City has erected a sign or painted in red a portion of the curb
line.
(b) Notwithstanding the prohibitions contained in subsection (a) of this Section,
the owner or occupant of a single-unit commercial property may obtain a permit or
41
permits authorizing parking or leaving vehicles standing in the street in front of the
driveway of that commercial property. At no time may a person park a vehicle in such a
manner that blocks or intrudes upon any portion of a sidewalk or horizontal extension of
a sidewalk adjacent to the driveway or extension of a driveway crossing over the public
right-of-way.
(1) Application Required. An application must be submitted to the City
which includes the following information:
(A) Applicant’s name and address;
(B) Address of the property where parking will occur;
(C) Layout of driveway and detail of parking area it serves;
(D) Certification that entire parking area served provides parking
for either the owner or single tenant;
(E) A scaled and dimensioned layout of parking requested in the
public right-of-way showing each proposed space or spaces at least
twenty feet in length if parallel to the curb and eighteen feet in length if
designed in another manner;
(F) The names and numbers of person(s) to be notified twenty-
four hours a day, seven days a week, in the event of complaints or
concerns regarding parking operation.
(2) Number of Permits. The number of permits issued annually by the
City for a property shall be limited to the number of parking spaces identified on
the parking layout.
42
(3) Responsibility for Permits. The permits shall be issued to the owner
or tenant, who shall have the sole responsibility for maintaining control of them
and their use.
(4) Term of Permits. Permits shall expire annually on December 31st of
each year.
(5) Cost of Permits. The cost of the permit may be set by resolution of
the City Council. Additionally, the City may charge a fee to cover the cost of
processing permit applications, signage, and other costs resulting from the
permitting process.
(6) Signage. The parking area shall be posted with signage to inform
motorists that the driveway is subject to closure at any time by the property
owner or lessee and giving a contact telephone number that will be answered
twenty-four hours a day, seven days a week. The sign(s) shall be placed on the
subject property in a location visible to the public.
(7) Processing. Once complete, applications shall be processed within
thirty days.
3.12.835 Electric vehicle parking.
The Director of Planning and Community Development, or designee, is
authorized to designate parking spaces or stalls in an off-street parking facility owned
and operated by the City of Santa Monica or the Parking Authority of the City of Santa
Monica for the exclusive purpose of charging and parking a vehicle that is connected for
electric charging purposes.
43
3.12.840 Parking time limited in specified places.
No person shall park or leave standing any vehicle upon that portion of a street,
alley or public place during the posted hours and period of time prohibiting standing or
parking.
3.12.845 Street sweeping.
No person shall park or leave standing any vehicle upon that portion of a street,
alley or public place during the posted days and hours for street sweeping.
3.12.850 Early morning parking prohibited.
No person shall park or leave standing any vehicle for a period longer than thirty
minutes between the hours of three a.m. and five a.m. of any day on any street, alley or
public place when posted in accordance with Section 3.12.840 of this Chapter.
3.12.860 Overnight parking of trailers and large vehicles.
Between the hours of nine p.m. and six a.m. on any public street or alley in the
City no person shall park any hitched or unhitched trailer of any size, or any vehicle of
which any part of the vehicle, together with all fixtures, accessories or property with the
exception of single post radio antennas, measures more than eight feet in width, or
eight feet in height, or twenty feet in length, unless such person shall have a permit for
such trailer or vehicle.
3.12.870 Height and width restrictions.
No person shall park any commercial vehicle on a public street or alley in a
residential district as established by Article 9 of this Code, except when actively
engaged in commercial activities, in the event of an emergency, or for the purpose of
44
loading and unloading, if any part of such commercial vehicle, together with fixtures or
property thereon, if any, measures more than eight feet in width or eight feet in height.
3.12.880 Parking of trailers.
(a) No person shall park any trailer on any public street or alley in the City,
unless the trailer, while otherwise lawfully parked, is attached to a vehicle capable of
moving the trailer in a normal manner upon the street or alley.
(b) This Section shall not apply to trailers that are:
(1) In the process of being loaded or unloaded; or
(2) Authorized to park at a particular location pursuant to a City-issued
permit.
3.12.890 Parking of vehicles for advertising purposes.
Except when necessary to avoid conflict with other traffic or in compliance with
the directions of a peace officer or official traffic control device, no person shall stop,
park, or leave standing any vehicle, whether attended or unattended, on a public street
or alley, if said vehicle, at the time, is primarily designed and is being used for carrying
and displaying commercial advertising.
3.12.900 Overnight parking permits for oversized vehicles.
Permits for overnight parking in residential areas may be issued by the City upon
application of any person therefor, and subject to the following provisions:
(a) Each application for an overnight street parking permit shall be filed with the
City, upon a form to be furnished by the City.
(b) Each such application shall set forth:
45
(1) The name, residence, address, and telephone number of the
applicant;
(2) The license number, make, model, and type of vehicle for which an
overnight parking permit is requested;
(3) The name and current address of the registered owner of said
vehicle;
(4) The dates for which the permit is requested. Such dates shall
commence in all cases at six p.m.;
(5) Such additional information as the City may require;
(6) A statement that applicant declares under penalty of perjury that all
statements in the application are true; and
(7) The signature of the applicant.
(c) Upon the filing of the application, the City may make such investigation as
necessary to determine whether such a permit should be issued. An overnight parking
permit shall be issued in a form designated by the City, specifying the periods for which
it is valid. Such permit shall be issued only for a noncommercial passenger vehicle, as
defined by the Vehicle Code, which together with any fixtures, accessories or property,
except single post radio antennas, exceeds a width of eight feet, a height of eight feet,
or a length of twenty feet, but in no event shall such a permit be issued where, upon
investigation, it is determined by the City that to permit overnight parking of the vehicle
for which the application is made would constitute a hazard to pedestrians, vehicular
traffic or enforcement of the law.
46
(d) The overnight parking permit shall be visibly displayed on the vehicle for
which it was issued as instructed by the City, and the permit shall not be effective
unless it is so affixed.
(e) No more than one overnight parking permit may be issued in any thirty-day
period for the parking of an oversized vehicle at a single residence address.
(f) An overnight parking permit issued pursuant to this Section does not waive
compliance with any other applicable parking law, regulation or ordinance.
3.12.905 Temporary parking permits.
(a) The City may issue temporary parking permits on a first-come first-served
basis for the temporary exclusive use of on-street parking areas for activities that are
directly related to the adjacent property and that cannot otherwise be accommodated
through on-street or off-street parking on or near the adjacent property. Such activities
for which a temporary parking permit may be issued include:
(1) Moving into or out of the adjacent property;
(2) Active loading or unloading of materials to and from the vehicle and
the adjacent property;
(3) Providing goods or services to ongoing permitted activities at the
adjacent property; and
(4) Providing goods or services to activities at the adjacent property.
(b) Temporary parking permits are permitted only for the temporary parking of a
vehicle that has two or more wheels and that is able to move under its own power or
that may be towed or pushed. Temporary parking permits may not be used for the
temporary location of stationary objects.
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(c) A temporary parking permit may be issued under the following procedure:
(1) Each temporary parking permit application shall be in a form provided
by the City and must be completed in full and filed with the City, and
accompanied by payment of the applicable permit fees;
(2) Prior to issuance of a temporary parking permit the Director of
Planning and Community Development, or designee, may make such
investigation as he or she deems necessary to determine whether a permit
should be issued. The Director of Planning and Community Development, or
designee, shall deny issuance of a temporary parking permit if the requirements
of this Chapter and all applicable laws and regulations have not been met; if the
application contains incomplete, false, or misleading information; if the requested
area or time for the temporary parking permit is in a zone or during a time that
prohibits stopping, parking or standing of the type of vehicle being proposed; or if
it is determined that issuance of the permit would unduly interfere with or
constitute a hazard to vehicular or pedestrian movement, governmental functions
or City services and operations, or enforcement of applicable law, rules or
regulations;
(3) Upon approval of the application and issuance of a temporary parking
permit, the permit holder shall follow all City regulations for the posting of
appropriate temporary no parking signage designating the area(s) of temporary
parking for the exclusive use of the permit holder;
(4) A temporary parking permit is valid for no longer than necessary to
support the duration of the related activities occurring at the adjacent property.
48
(d) The applicable fees for a temporary parking permit shall be adopted by
Council resolution.
(e) In the event that a temporary parking permit is issued for an area that
includes on-street parking meter spaces, the permit holder shall pay the applicable
parking meter rates for the duration of the permit.
(f) A temporary parking permit issued pursuant to this Section does not waive
compliance with any other applicable law, rule or regulation.
3.12.910 Washing vehicles in street.
No person shall dust, wipe, wash or otherwise clean, use or employ any method
of dusting, wiping, washing or otherwise cleaning any vehicle or portion thereof while on
any street, alley or public place unless such vehicle is owned by the person doing any of
the acts herein enumerated or is under the direct control or supervision of the person
doing any of the acts herein enumerated.
3.12.920 Disabled vehicles.
No person shall park or leave standing on any street, alley or public place any
vehicle for the purpose of storing, servicing, dismantling, rebuilding or otherwise working
upon any such vehicle other than a vehicle which temporarily is disabled in such a
manner and to such an extent that it is impossible to avoid stopping such vehicle on
such street, alley or public place, and any such temporarily disabled vehicle shall not be
parked or left standing in any such place for more than four hours.
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3.12.930 Parking on private property.
No person shall park or leave standing any vehicle in a private driveway or on
private property without the actual or implied consent of the owner or person in lawful
possession of such driveway or property.
3.12.940 Parking on private property.
No person shall operate or park a vehicle upon any lot, as defined by prior
Municipal Code Section 9102, except a lot licensed for public parking, a lot operated in
connection with a commercial or industrial building or operation in which free parking is
provided for clients, customers, employees and tenants, a lot temporarily being used as
a parking area by workmen employed or otherwise working on adjacent construction
projects, or minimal areas used for access to a private garage or as an individual
parking space, unless the entire parking space where the vehicle is parked and the
entire area over which the vehicle is operated is prepared in accordance with Section
3.12.950.
3.12.950 Parking on private property—Required surfacing.
No person who owns a lot, except a lot licensed for public parking, a lot
temporarily being used as a parking area by workmen employed or otherwise working
on adjacent construction projects, or minimal areas used for access to a private garage
or as an individual parking space, or any interest therein or who is in possession of such
a lot, whether by lease, agreement or otherwise, shall permit anyone to park or operate
a vehicle on the lot unless the lot is prepared as follows:
(a) The entire surface of the parking space and the entire area over which any
vehicle is operated shall be covered and paved with asphalt concrete with a minimum
50
thickness of two inches or Portland cement concrete with a minimum thickness of six
inches, or covered with RC70 liquid asphalt or other grade of liquid asphalt approved by
the Director of Public Works which shall be applied in such quantity and with such
frequency as to prevent dust from rising from the soil surface and to prevent mud from
forming on the surface, except that if any such lot has, at the effective date of the
ordinance codified in this Section, a surface consisting of decomposed granite, oiled
gravel, or similar material, and the condition of said surface is such that neither dust
blows therefrom, mud is not tracked herefrom onto any public street or sidewalk, or
gravel therefrom is not deposited on any public street or sidewalk, said lot shall not be
required to be paved or covered as described above until such time as the surface
thereof constitutes a dust, mud, or loose gravel nuisance as described above.
At any time the Director of Public Works determines that a decomposed granite
or gravel surface or a liquid asphalt covering on a lot is not providing effective dust and
mud control, he or she shall immediately notify the owner or person in possession of
such lot that said lot must be paved or covered as described above within thirty days of
the receipt by said owner or person in possession of such lot of said notification. If said
lot is not so paved or covered within said thirty-day period, the Director of Public Works
shall post the lot at each entrance thereto with a sign stating, “No Parking on This Lot
Until Resurfacing is Completed, signed Director of Public Works.” After said sign is
posted, no person shall thereafter permit or operate, or park any automobile on said lot
until such time as liquid asphalt is applied or re-applied in such quantities as to provide
effective dust and mud control.
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(b) No person who owns a lot, or any interest therein or who is in possession of
such a lot, whether by lease, agreement, or otherwise, which is temporarily being used
as a parking area by workmen employed or otherwise working on an adjacent
construction project, shall permit any such use of said lot unless the surface of said lot
is either covered with RC70 liquid asphalt or other grade of liquid asphalt approved by
the Director of Public Works as set forth in subsection (a) hereof or is kept moistened
with sufficient water applied at sufficient intervals to prevent dust from rising from the
soil surface.
If said lot is to be used for this purpose for a period in excess of ninety days the
surface of said lot shall be either paved with asphalt concrete with a minimum thickness
of two inches or covered with RC70 liquid asphalt or other grade of liquid asphalt
approved by the Director of Public Works as set forth in subsection (a) hereof. If it is
obvious from the scope of the project that construction will be in progress for more than
ninety days, said paving or oiling shall be accomplished prior to any use of the lot for
parking. In no event shall paving or oiling be accomplished later than ninety days from
the date of issuance of the building permit for the adjacent construction project.
At any time the Director of Public Works finds that the surface of said lot does not
comply with these requirements, he shall notify the owner or person in possession of
said lot, and said owner or person in possession shall forthwith comply with the above
requirements.
3.12.960 Impounding vehicle obstructing driveway.
Any vehicle which is parked or left standing in or upon any private property
without the actual or implied consent of the owner or person in lawful possession of
52
such property, so as to block or obstruct any driveway or other means of vehicular
ingress to or egress from said property may be removed and placed in any garage
maintained by the City of Santa Monica, or in any public garage or other place of safety
for safe keeping by any police officer upon the complaint of such owner or person in
possession.
3.12.970 Duty of officer impounding vehicle.
Whenever an officer removes a vehicle from private property pursuant to the
authority granted by Section 3.12.960 hereof and the officer knows or is able to
ascertain from the registration records in the vehicle or from the registration records of
the Department of Motor Vehicles the name and address of the owner thereof, such
officer immediately shall give or cause to be given notice in writing to such owner of the
fact of such removal, the reason therefor and of the place to which such vehicle has
been removed. In the event any such vehicle is stored in a public garage a copy of such
notice shall be given to the proprietor of such garage.
3.12.980 Impounding vehicle, garage keeper’s lien.
Whenever any vehicle has been removed to a garage under the provisions of
Section 3.12.960 hereof, the keeper of such garage shall have a lien dependent upon
possession for his compensation for towage and for caring for and keeping safe such
vehicle for a period not exceeding ninety days and, if said vehicle is not recovered by
the owner within said ninety days or the owner is unknown, the keeper of said garage
may satisfy the lien in the manner provided by the Vehicle Code and the Civil Code of
the State of California.
53
3.12.990 Impounding vehicle parked on street.
Any vehicle which has been parked or left standing on any street, alley or public
way for a period longer than seventy-two consecutive hours may be removed by any
police officer pursuant to Section 22651 of the Vehicle Code of the State of California.
3.12.1000 Unlawful parking.
(a) No person shall stand or park a vehicle upon any street for the purpose of
displaying such vehicle for sale or offering for sale or selling such vehicle other than by
means of sign. Any vehicle parked on any street in violation of this subsection may be
removed from the street by any peace officer.
(b) In the R1 One Family Residential District and in the R2, R2-R, R3, and R4
Multiple Residential Districts, no person shall stand or park a vehicle upon any street for
the purpose of displaying such a vehicle for sale by sign or otherwise. Any vehicle
parked on any street in violation of this subsection may be removed from the street by
any peace officer.
3.12.1010 Car keys left in vehicle.
No person shall leave a motor vehicle, except a commercial vehicle, unattended
on any street, alley, used car lot, or unattended parking lot without first stopping the
engine, locking the ignition, and removing the ignition key therefrom. For the purpose of
this Section, “motor vehicle” and “commercial vehicle,” shall be defined as provided in
California Vehicle Code Sections 415 and 260(a), respectively.
3.12.1020 Riding on car steps.
No person shall ride upon the fender or running board or the steps of any street
car or vehicle.
54
3.12.1030 Talking with motorman or motor coach operator.
No person, unnecessarily, shall talk to or engage in conversation with the
operator of any motor coach, or with any person operating any motor coach, bus or
street car, and neither shall such operator talk to or engage in any conversation with
any other person unnecessarily while operating any such motor coach, bus or street
car.
3.12.1040 Transporting animals.
No person, while a passenger on any motor coach, bus or street car, shall carry
or transport, or attempt to carry or transport any dogs, cats or other live animals. This
Section shall not prohibit a blind person, who is aided and guided in his or her
movements by a dog trained especially for that purpose, from carrying or transporting
such a dog for such purposes.
3.12.1050 Prohibition of vehicular parking on front lawns.
No vehicle shall be parked or left standing on the front one-half of any lot in a
residential district except on an approved driveway.
3.12.1060 Penalties.
(a) Unless otherwise expressly stated in this Chapter, and except for provisions
restricting the parking or standing of vehicles, aAny person violating any provision of
this Chapter, except for provisions restricting the parking or standing of vehicles or as
otherwise specified in this Chapter, shall be guilty of either an infraction, which shall be
punishable by a fine not exceeding two hundred and fifty dollars per violation, or a
misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars
55
per violation, or by imprisonment in the County Jail for a period not exceeding six
months, or by both such fine and imprisonment.
(b) Unless otherwise expressly stated in this Chapter, and except for
provisions restricting the parking or standing of vehicles, aAny person who violates any
provision of this Chapter, except for provisions restricting the parking or standing of
vehicles or as otherwise specified in this Chapter, shall be subject to administrative
fines and administrative penalties pursuant to Chapter 1.09 of this Code.
(c) The remedies provided in this Chapter are not exclusive, and nothing in
this Chapter shall preclude any person from seeking other remedies, penalties or
procedures provided by law.
3.12.1100 DMV administrative fee.
The administrative fee, if any, charged to the City by the Department of Motor
Vehicles, as a result of withholding registration pursuant to Vehicle Code Section 4760
shall be the sole responsibility of the vehicle owner. The civil penalty and fees assessed
for the violation shall be increased accordingly.
SECTION 2. Chapter 4.55.065 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.55.065 Park and beach – Vehicles and beasts of burden.
(a) No person shall ride, operate, drive or park any electric bicycle, electric
personal assistive mobility device, electrically motorized board, low-speed vehicle,
motorized scooter, or other vehicle, or ride, drive or lead any beast of burden over and
upon the beach or in any City park.
(b) This Section shall not apply to the following:
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(1) Any person operating, driving or parking any electric bicycle,
electric personal assistive mobility device, electrically motorized board, low-
speed vehicle, motorized scooter, or other vehicle within any designated parking
facility during the hours that the facility is open to be public;
(2) City employees or City contractors authorized to operate electric
bicycles, electric personal assistive mobility devices, electrically motorized
boards, low-speed vehicles, motorized scooters, or other vehicles upon the
beach and/or in City parks in order to provide public safety, maintenance or other
essential City services; and
(3) Persons authorized by the City to operate electric bicycles, electric
personal assistive mobility devices, electrically motorized boards, low speed
vehicles, motorized scooters or other vehicles upon the beach and/or in City
parks in support of a City produced event, or pursuant to a permit issued by the
City, which ensures the protection of public safety and adjacent private and
public properties; or
(4) Any person who is operating a self-propelled wheelchair, motorized
tricycle, or motorized quadricycle and, by reason of physical disability, is
otherwise unable to move about as a pedestrian.
SECTION 3. Chapter 10.08.460 of the Santa Monica Municipal Code is hereby
amended to read as follows:
57
10.08.460 Municipal Pier – Vehicles.
(a) No electric bicycles, electric personal assistive mobility devices,
electrically motorized boards, low speed vehicles, motorized scooters, or other vehicles
shall be permitted upon said Pier. Other vehicles may be permitted upon said Pier at
such points as may be designated by the Harbor Master consistent with his or her
determination of public safety.
(b) This Section shall not apply to the following:
(1) City employees or City contractors authorized to operate electric
bicycles, electric personal assistive mobility devices, electrically motorized
boards, low speed vehicles, motorized scooters or other vehicles upon said Pier
in order to provide public safety, maintenance or other essential City services;
and
(2) Persons authorized by the City to operate electric bicycles, electric
personal assistive mobility devices, electrically motorized boards, low speed
vehicles, motorized scooters or other vehicles upon said Pier in support of a City
produced event, or pursuant to a permit issued by the City, which ensures the
protection of public safety and adjacent private and public properties; or
(3) Any person who is operating a self-propelled wheelchair, motorized
tricycle, or motorized quadricycle and, by reason of physical disability, is
otherwise unable to move about as a pedestrian.
No vehicles shall be permitted upon said Pier except at such points as may be
designated by the Harbor Master.
58
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council 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 whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
1
Vernice Hankins
From:Jeff Segal <4jeffsegal@gmail.com>
Sent:Saturday, August 25, 2018 8:16 AM
To:Kevin McKeown Fwd; Ted Winterer; Gleam Davis; Sue Himmelrich; Terry O’Day; Tony
Vazquez; Pam OConnor
Cc:councilmtgitems
Subject:Proposed city ordinance to rent sidewalks for scooter parking
Dear Members of City Council:
I am writing in regards to a proposed city ordinance for the city to rent sidewalks for scooter parking. I
have read in the Santa Monica Daily Press that the city intends to create scooter parking on sidewalk
space on the corner of 6th and Arizona. I own a building on one of the corners of 6th and Arizona.
It is my hope that the city will follow the rules it imposes on TV and movie companies, that want to use
streets and sidewalks for filming, and require the permission of adjacent property owners.
Scooters have been shown to be dangerous, and have resulted in serious injuries to both scooter riders
and pedestrians. It is very common for adjacent property owners to be included in litigation. Even if the
property owner wins, they are still subject to substantial legal fees. In addition, scooters riding on the
sidewalks, adjacent to our building, threatens the safety of our tenants’ employees, and their visitors.
Sincerely,
Jeff Segal
1250 6th Street
Item 7-E
08/28/18
1 of 16 Item 7-E
08/28/18
1
Vernice Hankins
From:Laurel Overman <laurel.overman@gmail.com>
Sent:Tuesday, August 28, 2018 8:47 AM
To:councilmtgitems
Subject:Item 7E Electric Scooters August 28th 2018
The NO E‐SCOOTER blue painted signs on the concrete ARE NOT VISIBLE and they are totally ignored by scooter riders.
I walk the bike path between the California Incline and Ocean Park Boulevard daily between 6 and 7:30 pm and there are
scooters, scooters everywhere with no riders heeding or even noticing the signs.
The lettering is too small and the overall size of the sign, contained within an area of about 2 feet square, is too small.
Bike riding signs, by contrast, are about 3 feet wide and 5 feet tall comprising mostly by an icon which is noticeable and
effective.
I have witness NO ENFORCEMENT of the scooter ban.
I witnessed a collision between a scooter and a pedi‐cab. It was the scooter rider’s fault and his response was a foul
mouthed rant when the driver of pedi‐cab reminded him scooters are illegal. The scooter rider could have cared less.
Item 7-E
08/28/18
2 of 16 Item 7-E
08/28/18
1
Vernice Hankins
From:Council Mailbox
Sent:Tuesday, August 28, 2018 9:04 AM
To:Ted Winterer; Gleam Davis; Pam OConnor; Sue Himmelrich; Terry O’Day;
Councilmember Kevin McKeown; Tony Vazquez
Cc:Rick Cole; Katie E. Lichtig; Anuj Gupta; David Martin; councilmtgitems
Subject:FW: Public Right of Way FEE for scooters
Council‐
Please see the below email regarding the proposed public right of way fee.
Thank you,
Stephanie
From: Mike Damerell [mailto:mike_damerell@hotmail.com]
Sent: Monday, August 27, 2018 4:40 PM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>
Subject: Public Right of Way FEE for scooters
I read that the council will be considering a right of way fee for scooters at this week's council meeting. In
general, this may a good idea for commercial areas ‐ with the consent of the neighboring businesses.
However, there needs to be some consideration to prevent the use of the right of way in residential areas. A
resident should not have a commercial company setting up a business in front of their home ‐ this should be
extended to prohibit the renting of scooters. People should not have to deal with the related annoyance of
the scooter traffic, the clutter of scooters in front of their homes, and the safety/security concerns of having
people constantly in their yards.
So far, the scooters have had a negative impact on the safety and quality of life of Santa Monica residents.
Sincerely,
Mike Damerell
2611 11th Street
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Vernice Hankins
From:Council Mailbox
Sent:Tuesday, August 28, 2018 9:05 AM
To:Ted Winterer; Gleam Davis; Pam OConnor; Sue Himmelrich; Terry O’Day;
Councilmember Kevin McKeown; Tony Vazquez
Cc:councilmtgitems; Rick Cole; Katie E. Lichtig; Anuj Gupta; David Martin
Subject:FW: side walk fee scooters
Council‐
Please see the below email regarding the proposed public right of way fee.
Thank you,
Stephanie
From: william greenslade [mailto:sosbilll@yahoo.com]
Sent: Saturday, August 25, 2018 11:10 AM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>
Subject: side walk fee scooters
Ok so now you have gone to far you want to charge a fee for riding on the sidewalk with a scooter when it is illegal to
ride a scooter on the side walk.....
Come on city council these scooters just done fit.......
bill greenslade
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A community group dedicated
to biking in Santa Monica and Climate Action Santa Monica.
Working to make the City of Santa Monica a more sustainable,
bike-able place to live, work and play
August 28, 2018
Dear Mayor Ted Winterer, City Council, City management and staff
Agenda item 7E:
We understand that the City is presenting Item 7E as a clean up to existing language of the Santa Monica
Municipal Code to include more current definitions of electric devices. This proposed clean up would in
essence result in the ban of all these devices, including e-bikes on the beach bike path. This comes as a
complete surprise given that going back more than a decade there has never been any enforcement
regarding e-bikes on the beach bike path which would make this clean up of existing law effectively a policy
change, or at a minimum a huge surprise to people riding in Santa Monica as well as adversely affecting local
businesses, both of which depend on the beach bike path.
We realize, and there is no doubt the City has been under substantial pressure to make the beach bike path
safe and equitable for all users. However — this comes as a complete surprise to the community and should
be subject to more discussion and consideration before Council takes action. If the Council takes action
tonight, Council should remove the prohibition on e-bikes right away.
E-bikes safely ridden provide an option for people to access the beach path who otherwise may have trouble
— lawful individuals who may only own an e-bike, commuters with long commutes, families with heavy loads
— including small children, seniors who need a boost to ride comfortably. Santa Monica is also home to
engaged and valuable local businesses that rent, sell, or provide tours on electric mobility devices. We cannot
not allow recent serious safety issues not perpetrated by these users or businesses to impact access to those
who depend on this valuable resource without more input and thoughtful discussion. The impact to the
community and businesses that depend on this access needs to be considered. The value of this resource and
these services help promote a healthy, active and engaged city that embraces multi-modal options that
replace car trips and help to support local businesses, bike shops — sales and services, that is otherwise a
competitive and struggling market due to low margins. Access to these options, services and resource support
our communities wellbeing as well as many of our City’s environmental and sustainability goals. A change of
this magnitude could potentially have many adverse implications and should be subject to more thorough
discussion and consideration before Council takes action.
Agenda Item 8A:
We support the Shared Mobility Use of Public Right of Way fee and it's proposed investment in safety
improvements and streets to better serve people outside of cars — walking, on bikes or small wheels.
Sincerely,
Cynthia Rose
Director
Santa Monica Spoke
Cynthia.Rose@SMSpoke.org
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August 28, 2018
Mayor Ted Winterer
Honorable Member of the City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
SENT VIA EMAIL: councilmtgitems@smgov.net
RE: August 28, 2018 Agenda Item 7.E.
Dear Mayor Winterer and Honorable Councilmembers:
I am unable to attend the Council meeting this evening in person, as I have been called
away on a personal matter to the east coast. However, my business partner, Robert
Aronoff, as well as our advocate, Eric Shabsis, will both be in attendance to speak on this
item.
In short, I am a Santa Monica resident and the co-owner of Segway Los Angeles, a local
Santa Monica-based Segway dealer and operator of Segway tours. The language changes
being proposed this evening would effectively put my business out of operations, as our
tours would not be able to operate henceforth in Santa Monica.
I am providing information in hopes that the Council will work with us to craft a workable
solution related to Segways (classified as Electric Personal Assistive Mobility Devices –
EPAMDs) and its use on Santa Monica sidewalks and beach bike path, consistent with the
state Vehicle Code, as has been the case for nearly 15 years.
Segway Los Angeles Background
Segway Los Angeles has been operating safely and lawfully in the City of Santa Monica, out
of our Ocean Ave headquarters, since 2004. Our primary business is as a Segway tour
operator in Santa Monica and Venice. We provide both guided and self-guided Segway
Tours along the beach bike path. With a staff of five full-time plus seasonal part-time
employees, we provide unique and memorable experiences for visitors and locals alike. Our
customers (who have left us thousands of five-star reviews online) receive thorough
product training and always wear helmets. Our guides ensure everyone maintains a safe
speed and yields to pedestrians and other forms of traffic.
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Two years ago, we made a significant investment into a new space just north of Broadway
at 1431 Ocean, and have worked diligently to be good community participants. Over a
decade ago, we created self-imposed restrictions such as not allowing anyone to ride on the
Pier or Third Street Promenade. In short, we see ourselves as local, responsible operators,
who are providing a safe experience for locals and tourists to explore Santa Monica.
Segways as an EPAMD and its safe operations
Segways are not shared mobility vehicles available broadly to address the first and last
mile gap, unlike some of the others you are discussing this evening. By state law, Segways,
classified as Electric Personal Assistive Mobility Devices (EPAMDs), do not travel at speeds
in excess of 12.5 miles per hour, significantly slower than other devices outlined in the staff
report. Additionally, the State Vehicle Code outlines specific safe operation rules of
EPAMDs.
Segways are not found throughout the City or in neighborhoods for rental and shared use.
Anyone wishing to rent or own a Segway is most likely doing so out of our location. This
allows us train every user on the safe operation of these devices.
State Law Pertaining to EPAMDs
In 2002 and again in 2008, the California Legislature recognized that Segways were unique
among motorized vehicles because of their stability and maneuverability even at very low
speeds. The Legislature defined them as an Electric Personal Assistive Mobility Device
(EPAMD) and permits their operation on sidewalks, bike lanes, and bike paths. Per the
state law, a municipality can restrict or even revoke this EPAMD access if they choose, but
until now, Santa Monica (like most other cities) has not deemed that appropriate. In fact, in
June 2014 while banning a number of devices from the Venice Boardwalk and beach bike
path, the City of LA, in Ordinance 183134, gave an express exemption for EPAMDs to
operate on the beach bike path in Venice.
City of Santa Monica Proposed Action Impacts
With the proliferation of new vehicles and devices, we certainly understand the desire for
the City of Santa Monica to update its local ordinances, and support safety and clear
enforcement of vehicles and electric mobility devices. Nonetheless, the language as
drafted, has unintended consequences upon our specific and local business. Given the
information we are providing, we hope this might result in the Council choosing to make a
minor modification in the language covering the use of EPAMDs.
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As I began this letter, the acceptance of the language as proposed would result in us having
to close business in Santa Monica, at the least, and likely result in closing shop altogether.
Our existing track record of safe operations and use, our safety record, our instruction to
our users, as well as the slower speed and maneuverability of EPAMDs over other devices,
coupled with additional right-of-way restrictions and safety requirements within the code
governing EPAMDs, warrants the City Council to exempt EPAMDs from restrictions on
sidewalks and the beach bike path, as the City of Los Angeles did four years ago.
Segway Los Angeles appreciates the opportunity to work with the City Council and the City
of Santa Monica in order to continue our operations within the City where we are
headquartered. We stand ready to work with you and your staff on language that ensures
the City’s goals are met and our being able to continue to provide safe and fun tours along
the beach.
Sincerely,
Jason Stemmler
Attachments Enclosed
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183134ORDINANCENO._
An ordinance amending Subsection (0)of Section 63.44 of the Los Angeles
Municipal Code to include electric personal assistive mobility devices,as well as hybrid,
multiple-wheeled motor scooter-type devices,and hybrid,multiple-wheeled electric
personal assistive mobility-type devices as devices prohibited from operating on any
boardwalk,sidewalk,bike path or other public way,unless specifically exempted in this
Section within the limit of any park consisting of beach lands or beach properties
adjoining the waterfront of the Pacific Ocean between the southerly boundary of the City
of Santa Monica and Washington Boulevard in the City of Los Angeles.
The City finds and declares the following:
WHEREAS,the Venice Boardwalk and Recreation Area constitute a major tourist
attraction in the City,hosting approximately 16 million visitors annually.The Boardwalk
and Recreation Area are limited spaces geographically,located in a narrow,linear City
park that is bounded by the beach to the West and private property to the East.The
total width of the Boardwalk is only 10 feet in certain sections and only as wide as 50
feet in other limited areas.The space is further constrained by the fact the Boardwalk
and Recreation Area serve as emergency ingress and eiiress routes;and
WHEREAS,there has been an increase in the use of electric personal assistive
motorized devices ("EPAMDs"),as defined in California Vehicle Code Section 313,as
well as hybrid,multiple-wheeled (containing three or more wheels)motorized scooters
or hybrid,multiple-wheeled (containing three or more wheels)electric personal assistive
motorized-type devices,currently not defined in the California Vehicle Code,operating
on the Venice Boardwalk and posing a significant public safety risk to pedestrians;and
WHEREAS,a pedestrian on the Venice Boardwalk was seriously injured last
summer when an electric personal assistive mobility device struck the pedestrian;and
WHEREAS,the current version of Los Angeles Municipal Code Section 63.44(0)
is outdated and fails to include EPAMDs or the new generation of hybrid,multiple-
wheeled motorized scooter-type devices and multiple-wheeled electric personal electric
assistive mobility-type devices;and
WHEREAS,motorized scooters,as well as EPAMDs,which include Segway and
Segway-type devices,and hybrid,multiple-wheeled motorized scooter-type devices or
multiple-wheeled electric personal assistive mobility-type devices,many of which can
operate up to speeds between 12.5 miles and 30 miles an hour,are dangerous to
pedestrians when operated on the Venice Boardwalk or boardwalks,sidewalks,bike
paths,or other public way within the limit of any park consisting of beach lands or beach
properties adjoining the waterfront of the Pacific Ocean between the southerly boundary
of the City of Santa Monica and Washington Street in the City of Los Angeles;and
1
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WHEREAS,California Vehicle Code Section 467(b)states that a "pedestrian"
includes a person who is operating a self-propelled wheelchair,motorized tricycle,or
motorized quadricycle and,by reason of physical disability,is otherwise unable to move
about as a pedestrian.Self-propelled wheelchairs,motorized tricycles,or motorized
quadricycles as contained in California Vehicle Code Section 467(b)are not motorized
scooters or EPAMOs;and
WHEREAS,in addition to self-propelled wheelchairs,or motorized tricycles,or
motorized quadricycles,EPAMOs and other power-driven mobility devices,such as
hybrid multiple-wheeled electric personal assistive mobility-type devices,are now being
operated by people,who by reason of physical disability,are otherwise unable to move
about as pedestrians as defined in California Vehicle Code Section 467;and
WHEREAS,California Vehicle Code Section 21281 sets forth the safety devices
that an EPAMO must be equipped with in order to be operated in the state;and
WHEREAS,California Vehicle Code Section 21281.5 sets forth the safety
requirements on operation of an EPAMO in the State;and
WHEREAS,California Vehicle Code Section 21225 permits the City,by
ordinance,to regulate the registration of motorized scooters and the parking and
operation of motorized scooters on pedestrian or bicycle facilities and City streets and
highways,if that regulation is not in conflict with the California Vehicle Code;and
WHEREAS,California Vehicle Code Section 21230 permits the City,by
ordinance,to prohibit the operation of a motorized scooter over a bicycle path,trail or
bikeway within its jurisdiction;and
WHEREAS,California Vehicle Code Section 21282 permits the City to limit the
use of EPAMOs or prohibit them entirely in its jurisdiction or prohibit their use in
specified areas as determined to be appropriate by the City;and
WHEREAS,the City does not desire to discourage the use of EPAMOs or other
power-driven mobility devices,such as hybrid,multiple-wheeled electric personal
assistive mobility-type devices,being operated by people,who by reason of physical
disability,are otherwise unable to move about as pedestrians as defined in California
Vehicle Code Section 467 as long as the EPAMOs and hybrid multiple-wheeled
EPAMOs are in compliance with the requirements set forth in California Vehicle Code
Sections 21281 and 21281.5.
2
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NOW,THEREFORE,
THE PEOPLE OF THE CITY OF LOS ANGELES
DO ORDAIN AS FOLLOWS:
Section 1.Subsection (0)of Section 63.44 of the Los Angeles Municipal Code is
amended in its entirety to read as follows:
O.Within the limit of any park consisting of beach lands or beach properties
adjoining the waterfront of the Pacific Ocean between the southerly boundary of the City
of Santa Monica and Washington Boulevard in the City of Los Angeles:
1.No person shall operate a motorized scooter on any boardwalk,
sidewalk,bike path or other public way.For the purpose of this Subsection,the
term "motorized scooter"as defined in California Vehicle Code Section 407.5,
shall mean any two-wheeled device that has handlebars,has a floorboard that is
designed to be stood or sat upon when riding,and is powered by an electric
motor.A "motorized scooter"may also have a driver seat that does not interfere
with the ability of the rider to stand and ride and may also be designed to be
powered by human propulsion.For purposes of this section,a motorcycle (as
defined in Vehicle Code Section 400),a motor-driven cycle (as defined in Vehicle
Code Section 405),or a motorized bicycle or moped (as defined in Vehicle Code
Section 406)is not a motorized scooter.A device meeting the above definition
that is powered by a source other than electrical power is also a motorized
scooter.
2.No person shall operate an "electric personal assistive mobility
device"or "EPAMD"unless specifically exempt under Subdivisions 4(a)or (b)of
this Section,on any boardwalk,sidewalk or other public way.A person may
operate an EPAMD on a bike path subject to the safety and operational
requirements set forth in California Vehicle Code Sections 21281 and 21281.5.
An electric personal assistive mobility device or EPAMD,as defined in California
Vehicle Code Section 313,shall mean a self-balancing,non-tandem two-wheeled
device that is not greater than 20 inches deep and 25 inches wide and 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 no
more than 12.5 miles per hour.
3.No person shall operate a "hybrid,multiple-wheeled motorized
scooter-type device"or a "hybrid,multiple-wheeled electric personal assistive
mobility-type device"unless specifically exempt in Subdivisions 4(a)or (b)of this
Section.For purposes of this section,a hybrid,multiple-wheeled motorized
scooter-type device shall mean a device that has three or more wheels,has
handlebars,has a floorboard that is designed to be stood upon when riding,or a
driver seat that does not interfere with the ability of the rider to stand and ride,
and is powered by an electric motor,and may also be designed to be powered by
3
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8/21/18, 5(49 PMLaw section
Page 1 of 1http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=313.
Code:Select Code Section:Search
313.
DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )
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VEHICLE CODE - VEH
The term “electric personal assistive mobility device” or “EPAMD” means a self-balancing, nontandem two-
wheeled device, that is not greater than 20 inches deep and 25 inches wide and 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 no more
than 12.5 miles per hour.
(Amended by Stats. 2007, Ch. 106, Sec. 1. Effective January 1, 2008.)
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Page 1 of 1http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21281.5.
Code:Select Code Section:electric personal assistive mobility deviceSearch
CHAPTER 1. Obedience to and Effect of Traffic Laws [21000 - 21296] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )
21281.5.
DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. )
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VEHICLE CODE - VEH
ARTICLE 6. Electric Personal Assistive Mobility Devices [21280 - 21282] ( Article 6 added by Stats. 2002, Ch. 979, Sec. 6. )
(a) A person shall not operate an EPAMD on a sidewalk, bike path, pathway, trail, bike lane, street, road,
or highway at a speed greater than is reasonable and prudent having due regard for weather, visibility,
pedestrians, and other conveyance traffic on, and the surface, width, and condition of, the sidewalk, bike path,
pathway, trail, bike lane, street, road, or highway.
(b) A person shall not operate an EPAMD at a speed that endangers the safety of persons or property.
(c) A person shall not operate an EPAMD on a sidewalk, bike path, pathway, trail, bike lane, street, road, or
highway with willful or wanton disregard for the safety of persons or property.
(d) A person operating an EPAMD on a sidewalk, bike path, pathway, trail, bike lane, street, road, or highway
shall yield the right-of-way to all pedestrians on foot, including persons with disabilities using assistive devices
and service animals that are close enough to constitute a hazard.
(Added by Stats. 2007, Ch. 106, Sec. 5. Effective January 1, 2008.)
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Vernice Hankins
From:Council Mailbox
Sent:Tuesday, August 28, 2018 4:09 PM
To:Ted Winterer; Gleam Davis; Pam OConnor; Sue Himmelrich; Terry O’Day;
Councilmember Kevin McKeown; Tony Vazquez
Cc:councilmtgitems; Rick Cole; Katie E. Lichtig; Anuj Gupta; David Martin
Subject:FW: Electric bikes
Council‐
Please see the email below re: ebikes on the bike path.
Thank you,
Stephanie
From: Jeanne Laurie [mailto:jeannelaurie70@gmail.com]
Sent: Tuesday, August 28, 2018 3:47 PM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>
Subject: Electric bikes
I read in the Santa Monica Daily Press today that you are considering making an exception for electric bikes on
the bike path because older people are going to electric bikes.
Please do not do so. I'm on the bike path a lot.
I've never seen older people using them.
What I do see is a much heavier bike than normal travelling at an excessive rate of speed.
It is dangerous.
Please do not make the exception.
Thank you,
Jeanne Laurie
Sunset Park
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