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O2711DocuSign Envelope ID: 273E4AD3-AB2D-4D82-A2C4-2A4B3C1BB17D City Council Meeting: August 23, 2022 Santa Monica, California ORDINANCE NUMBER 2711 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 3.12 TO ALLOW NON-ELECTRIC PEDICABS ON THE SANTA MONICA BEACH BIKE PATH AND RECODIFY THE PROHIBITION OF DRIVING AND PARKING VEHICLES ON SIDEWALKS AND PARKWAYS WHEREAS, pedicabs serve as a transportation option for short trips and as a tourist attraction, and state law, California Vehicle Code Section 21100(n), grants municipalities authority to regulate pedicab operations; and WHEREAS, the City created regulations in 2013 prohibiting pedicabs on the Beach Bike-Path over concerns about congestion on the Beach Bike-Path; and WHEREAS, since that time, the Beach Bike-Path has been widened; and WHEREAS, at its May 24, 2022 regular meeting, Council directed staff to amend existing pedicab regulations to allow a limited number of non-electric pedicabs to operate on the Beach Bike-Path; and WHEREAS, prohibiting electric pedicabs on the Beach Bike-Path is intended to improve safety for all users by reducing their operating speeds; and WHEREAS, Pedicabs are larger, heavier and have more mass than electric bicycles; and WHEREAS, Reducing the speed of pedicabs reduces the force of the pedicab when collisions occur; and WHEREAS, Reducing the speed of pedicabs decreases the distance needed to stop a pedicab; and DocuSign Envelope ID: 273E4AD3-AB2D-4D82-A2C4-2A4B3C1BB17D WHEREAS, allowing pedicabs to operate on the Beach Bike Path will increase opportunities for zero emissions transportation options along the beach for residents and tourists alike; and WHEREAS, the City Council also desires to correct an inadvertent deletion of code language by recodifying the prohibition of vehicle driving and parking on public sidewalks and parkways. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3.12.010 of the Santa Monica Municipal Code is hereby amended as follows: 3.12.010 Definitions (a) Unless expressly stated otherwise, the words and phrases used in this Chapter shall have the meanings set forth in the California Vehicle Code. (b) “Beach Bike-Path” shall encompass the established Marvin Braude Bike Trail area spanning from the City’s southern boundary adjacent to Venice to the City’s northern boundary adjacent to Pacific Palisades. (c) “Beach Promenade” shall encompass pedestrian-only segments along Ocean Front Walk and the path adjacent to the Beach Bike-Path extending from the City’s Southern boundary adjacent to Venice, to the City’s northern boundary adjacent to Pacific Palisades. DocuSign Envelope ID: 273E4AD3-AB2D-4D82-A2C4-2A4B3C1BB17D (d) “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 distance of one hundred fifty feet, where fifty percent or more of the contiguous property fronting thereon is so occupied. (e) “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. (f) “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. (g) “Parkway” shall mean that portion of a street other than a roadway or a sidewalk. SECTION 2. Section 3.12.600 of the Santa Monica Municipal Code is hereby amended as follows: 3.12.600 Bicycles, electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, pedicabs, roller skates, skateboards, and similar devices. DocuSign Envelope ID: 273E4AD3-AB2D-4D82-A2C4-2A4B3C1BB17D (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, pedicab or other vehicle upon the Beach Promenade. (b) Beach Bike-Path. It shall be unlawful to ride or operate 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, however, no pedicab with a motor, including class 1 and class two electric bicycle pedicabs, shall be 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 Beach 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. DocuSign Envelope ID: 273E4AD3-AB2D-4D82-A2C4-2A4B3C1BB17D (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 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. DocuSign Envelope ID: 273E4AD3-AB2D-4D82-A2C4-2A4B3C1BB17D (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 3. Section 6.50.035 of the Santa Monica Municipal Code is added as follows: 6.50.035 Beach Bike-Path Operation Limit and Selection Process The City Manager, or designee, is authorized to limit the number of pedicab operators allowed to operate on the Beach Bike-Path, and limit the number of pedicabs each permitted pedicab operator may operate at any time on the Beach Bike-Path. The process of selection shall be included in the rules and regulations created under Section 6.50.030. SECTION 4. Section 3.12.380 of the Santa Monica Municipal Code is hereby recodified and amended as follows: 3.12.380 Driving on sidewalk or Beach Promenade Except as hereinafter provided in this Section no operator of a motor vehicle shall drive on, over, along, or upon, or park upon, any sidewalk, parkway, or curb, or on, along, DocuSign Envelope ID: 273E4AD3-AB2D-4D82-A2C4-2A4B3C1BB17D over, or onto, any sidewalk, parkway, or curb other than on or over a regularly established driveway or roadway. The Chief of Police is authorized and empowered to grant permission under such regulations as he shall deem necessary to protect the public safety and the interests of the City to: (a) any person to deliver merchandise along the Beach Promenade; (b) any person to operate tram cars on the Beach Promenade providing such person is not operating contrary to any state law relative to public carriers for hire. Notwithstanding any other provision of this Section, no operator of a motor vehicle shall park upon any driveway apron. SECTION 5. 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 6. 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 7. 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 DocuSign Envelope ID: 273E4AD3-AB2D-4D82-A2C4-2A4B3C1BB17D newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after adoption. APPROVED AS TO FORM: Douglas Sloan, City Attorney DocuSign Envelope ID: 273E4AD3-AB2D-4D82-A2C4-2A4B3C1BB17D Approved and adopted this 23rd day of August, 2022. 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. 2711 (CCS) had its introduction on July 26, 2022 and was adopted at the Santa Monica City Council meeting held on August 23, 2022, by the following vote: AYES: Councilmembers Brock, Davis, de la Torre, Negrete, Parra, Mayor Himmelrich, Mayor Pro Tem McCowan NOES: None ABSENT: None ATTEST: 8/29/2022 Denise Anderson-Warren, City Clerk Date A summary of Ordinance No. 2711 (CCS) was duly published pursuant to California Government Code Section 40806.