O26831
City Council Meeting: October 12, 2021 Santa Monica, California
ORDINANCE NUMBER 2683 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.12.1055 TO EXTEND
THE CITYWIDE OPERATION OF REMOTE-CONTROLLED DELIVERY DEVICES BY
OPERATORS PARTICIPATING IN THE ZERO EMISSIONS DELIVERY ZONE PILOT
PROGRAM
WHEREAS, on October 27, 2020, the Santa Monica City Council (C ouncil)
adopted emergency ordinance 2656 (CCS) creating Santa Monica Municipal Code
(SMMC) Section 3.12.1005, w hich establishes a one-year moratorium, through October
28, 2021, on the deployment and operation of autonomous delivery devices on City
sidewal ks and pedestrian paths of travel to allow staff time to develop a regulatory
framework for such delivery services; and
WHEREAS, SMMC Section 3.12.1055 also imposes, through October 28, 2021, a
moratorium on the deployment and operation on City sidewalks and pedestrian paths of
travel of remotely controlled deliver devices, with the exception that it allows the operation
of remotel y controlled delivery vehicles within the Zero Emission Delivery Zone (ZEDZ),
so long as operators are participating in the ZEDZ pilot program; and
WHEREAS, on May 11, 2021, Council amended SMMC Section 3.12.1055 to allow
remotel y controlled device operators participati ng in the ZEDZ pilot program to operate
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citywide and authorize speed limits, weight limits, and other requirements that apply within
the ZEDZ to apply citywide; and
WHEREAS, Council now desires to extend the moratorium on the deployment and
operation of autonomous delivery devices on City sidewalks and pe destrian paths; extend
the allow ance for remotely controlled device operators participating in the ZEDZ
pilot program to operate citywide; and extend the authorization for speed limits, weight
limits, and other requirements that apply within the ZEDZ to apply citywide.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Santa Monica Municipal Code Section 3.12.1055 is hereby amended
as follows:
3.12.1055 Autonomous and Remotely Controlled Delivery Vehicles or Devices
Beginning on October 28, 2020 and ending on October 28, 2022, no person shall
deploy or operate an autonomous delivery vehicle or device on City sidewalks or
pedestrian paths of travel. For purposes of this section, “Autonomous delivery vehicle or
device” means a motorized vehicle or device used to transport items, products, or any
other materials on City sidewalks or pedestrian paths of travel for commercial purposes,
and guided or controlled without a human operator, whether while sitting or standing upon
the device or remotely, actively, and physically controlling the movements of the vehicle
or device. For purposes of this section, “Remotely controlled delivery vehicle or device”
means a motorized vehicle or device used to transport items, products, or any other
materials on City sidewalks or pedestrian paths of travel for commercial p urposes that is
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guided and controlled w ith a human operator, whether while sitting or standing upon the
device or remotely, actively, and physically controlling the movements of the vehicle or
device. Beginning January 1, 2021 , or at such time as the pilot program referenced below
commences, an d ending on October 28, 2022, no person shall deploy or operate a
remotely controlled delivery vehicle or device on City sidewalks or pedestrian paths of
travel other than as part of the pilot program being overseen in Santa Monica by Los
Angeles Cleantech Incubator (‘LACI”). All operation s of autonomous or remotely
controlled delivery vehicles or devices that are not prohibited by this section (“non-
prohibited devices”) shall comply with all requirements, including insurance and
indemnification requirements, imposed as conditions of the grant to the operator of a
required Santa Monica business license, as well as all of the following operational
requirements: (1) non -prohibited devices shall yield the right of way to pedestrians and
bicycles; (2) non -prohibited devices shall obey all signs and signals governing traffic and
pedestrians; (3) non -prohibited devices shall not interfere with the maintenance of paths
of travel for persons with disabilities; (4) non -prohibited devices may not transport waste
or hazardous materials (including flammables or ammunition); (5) non -prohibited devices
shall be equipped with headlights that operate at night, sunrise, and sunset; (6) each non-
prohibited device shall bear, in markings of a size sufficient to be clearly legible to passing
vehicles and pedestrians, a unique identifier for the device together with the name and
contact information of the device’s operator.
Section 2. Any provision of the Santa Monica Municipal Cod e or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
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inconsistencies and no further, is hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
Section 3. 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 4. 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 take effect 30 days
from its adoption .
APPROVED AS TO FORM:
_________________________
JOSEPH LAWRENCE
Interim City Attorney
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Approved and adopted this 12th day of October, 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. 2683 (CCS) had its introduction
on September 14, 2021 and was adopted at the Santa Monica City Council
meeting held on October 12, 2021, by the following vote:
AYES: Councilmembers Brock, Davis, de la Torre, Parra,
Mayor Himmelrich, Mayor Pro Tem McCowan
NOES: None
ABSENT: Councilmember Negrete
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2683 (CCS) was duly published pursuant to
California Government Code Section 40806.
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11/1/2021