O2666City Council Meeting: March 23, 2021 Santa Monica, California
ORDINANCE NUMBER 2666 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.21.090
TO EXTEND THE TERM OF THE FIRST SHARED MOBILITY DEVICE PILOT
PROGRAM FROM APRIL 30, 2021 TO JUNE 30, 2021; AMENDING CHAPTER 3.22
(SECOND SHARED MOBILITY DEVICE PILOT PROGRAM); AND AMENDING
SECTION 3.12.600 TO AUTHORIZE THE USE OF CLASS 1 AND CLASS 2
ELECTRIC BICYCLES, BUT PROHIBIT THE USE OF MOTORIZED OR CLASS 3
ELECTRIC BICYCLES, ON THE BEACH BIKE PATH
WHEREAS, on June 26, 2018, the Santa Monica City Council adopted Ordinance
Number 2578, which created Santa Monica Municipal Code Chapter 3.21, and
established a 16-month shared mobility device pilot program to manage dockless
electronic scooter and bicycle systems operating in the public right-of-way; and
WHEREAS, on January 28, 2020, Council directed staff to create a second shared
mobility pilot program that would build on the successes of the first pilot program and
better address persistent challenges; and
WHEREAS, on February 11, 2020 Council extended the term of the first pilot
program by six-months to facilitate timely adjustments to shared mobility services and
regulations, and maintain a continuity of service on the current systems for the thousands
of regular, frequent users; and
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WHEREAS, on May 12, 2020, Council postponed starting the second pilot program
and extended the first pilot program to April 30, 2021 to address the public health
concerns and economic uncertainty caused by the COVID-19 pandemic; and
WHEREAS, between March 2020 and May 2020, two out of four of the first pilot
program operators terminated their participation in the pilot program, and the remaining
two operators reduced their electric scooter fleet sizes to adjust for decrease usage during
the COVID-19 pandemic; and
WHEREAS, Council now desires to extend the term of the first pilot program until
June 30, 2021 and modify the second pilot program to run from July 1, 2021 until March
30, 2023, to allow staff sufficient time to transition the City’s shared mobility device
program from a permitting-based model to a contracting-based mode; and
WHEREAS, due to the increase in electric bicycle usage and ownership, in 2015,
the California Legislature passed AB 1096, which updated the California Vehicle Code
related to electric bicycles, including permitting class 1 and class 2 electric bicycles (20
mph maximum speed), on class 1 bicycle paths, such as the beach bike path, unless
otherwise prohibited by local municipalities; and
WHEREAS, in 2018, Council amended Santa Monica Municipal Code Section
3.12.600 to prohibit all motorized devices from the beach bike path, including class 1,
class 2, and class 3 electric bicycles; and
WHEREAS, Council now desires to permit the use of class 1 and class 2 electric
bicycles on the beach bike path, but continue prohibiting use of class 3 and motorized
electric bicycles on the beach bike path.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.21.090 of the Santa Monica Municipal Code is hereby
amended to read as follows:
3.21.090 Pilot Program Term.
Permits issued pursuant to this Chapter shall terminate and be of no further force
or effect beyond June 30, 2021, unless otherwise extended or terminated earlier by the
City.
SECTION 2. Section 3.22.090 of the Santa Monica Municipal Code is hereby
amended to read as follows:
3.22.090 Pilot Program Term.
Permits issued pursuant to this Chapter shall take effect on July 1, 2021, and be
of no further force or effect beyond March 30, 2023, unless otherwise extended or
terminated earlier by the City.
SECTION 3.Section 3.22.040 of the Santa Monica Municipal Code is hereby
amended to read as follows:
3.22.040 Maximum number of shared mobility operator permits and shared
mobility devices permitted.
(a) The Mobility Officer shall issue up to four shared mobility operator permits
authorizing the deployment of one or more shared mobility devices within the City. No
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shared mobility operator permits shall be issued to any operator that proposes to deploy
any shared mobility device that is exclusively powered by the human body or powered by
combustion engine.
(b) The Mobility Officer shall establish the number of shared mobility devices
whose deployment within the City is authorized under each shared mobility operator
permit. No more than on a weekly basis or within fourteen days following any City Council
action adjusting the maximum number of permitted operators or devices pursuant to
subsection (d) of this section, the Mobility Officer may adjust the maximum number of
devices authorized by each shared mobility operator permit. In making determinations
regarding the maximum number of authorized devices, the Mobility Officer shall take into
consideration market needs, the total number of devices and the total number of devices
of any particular type deployed in the City, device utilization, and any other criteria set
forth in administrative regulations. The Mobility Officer shall first publish his or her
tentative adjustment decision under this Section, along with reasons supporting the
decision, and solicit comments prior to making a final determination. The Mobility Officer’s
final determinations under this Section shall constitute the final decision of the City and
are not subject to further administrative review. No person shall fail to comply with the
Mobility Officer’s established device limitations.
(c) No operator shall be granted authorization for less than fifty shared mobility
devices of one type.
(d) At any time, in the City Council’s discretion, the City Council may reassess
the number of shared mobility operator permits authorized for issuance. The City Council,
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in its discretion, may determine by resolution that the number of shared mobility operator
permits or the number of total authorized devices should be reduced or increased.
SECTION 4. Section 3.22.020 of the Santa Monica Municipal Code is hereby
amended to read as follows:
3.22.020 Definitions.
(a) “Abandon” shall mean leaving an item unattended for any length of time.
(b) “Director” shall mean the Director of Transit Services or designee.
(c) “Mobility officer” shall mean the City’s mobility manager or designee.
(d) “Operator” shall mean any person or business entity selected by the City to
participate in the second shared mobility device pilot program pursuant to this Chapter.
(e) “Public area” shall mean any outdoor area that is open to the public for public
use, whether owned or operated by the City or a private party.
(f) “Public right-of-way” shall mean any public alley, parkway, public
transportation path, roadway, sidewalk, or street that is owned, granted by easement,
operated, or controlled by the City.
(g) “Shared mobility device” shall mean any transportation device by which a
person can be propelled, moved or drawn, that is displayed, offered or placed for rent in
any public area or public right-of-way, except that a “shared mobility device” does not
include any device being vended or made available for rent exclusively from a vehicle
pursuant to a valid City vending permit; a car share vehicle, as defined by Chapter 3.06
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of this Code; a moped, as defined by California Vehicle Code Section 406; a device
authorized by the City bike share system pursuant to Chapter 3.20 of this Code; a taxicab
as regulated in Chapter 6.49 of this Code; a device operated by the Los Angeles County
Metropolitan Transportation Authority; or any other device excluded pursuant to
administrative regulations.
SECTION 5.Section 3.12.600 of the Santa Monica Municipal Code is hereby
amended to read as follows:
3.12.600 Bicycles, electric bicycles, electric personal assistive mobility devices,
electrically motorized boards, low-speed vehicles, motorized scooters, roller
skates, skateboards, and similar devices.
(a) Beach Promenade. It shall be unlawful to ride or operate a bicycle, electric
bicycle, electric personal assistive mobility device, electrically motorized board, low-
speed vehicle, motorized scooter, or other vehicle upon the Beach Promenade.
(b) Beach Bike-Path. It shall be unlawful to ride or operate a pedicab, a motorized
bicycle or a class 3 (as defined in the California Vehicle Code) electric bicycle, electric
personal assistive mobility device, electrically motorized board, low-speed vehicle,
motorized scooter, or other vehicle upon the beach bike-path. Class 1 and class 2 (as
defined in the California Vehicle Code) electric bicycles are permitted on the beach bike
path. Bicycle riding shall be permitted along the beach bike-path, within the City limits
and in those areas where the Promenade constitutes a portion of the bikeway and are
otherwise permitted by sign. All persons riding bicycles on the beach bike-path shall
comply with all lawful signs and directional markings, including, but not limited to, painted,
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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;
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
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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.
(i) 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.
SECTION 6. 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 7. 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
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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 8. 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:
_________________________
GEORGE S. CARDONA
Interim City Attorney
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Approved and adopted this 23rd day of March, 2021.
_____________________________
Sue Himmelrich, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2666 (CCS) had its introduction
on March 9, 2021 and was adopted at the Santa Monica City Council meeting
held on March 23, 2021, by the following vote:
AYES: Councilmembers Parra, McKeown, Brock, De la Torre,
Mayor Himmelrich
NOES: Councilmember Davis, Mayor Pro Tem McCowan
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2666 (CCS) was duly published pursuant to
California Government Code Section 40806.
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4/5/2021