O27151
City Council Meeting: September 13, 2022 Santa Monica, California
ORDINANCE NUMBER 2715 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL SECTION 3.22.090 TO
EXTEND THE TERM OF THE SECOND SHARED MOBILITY DEVICE PILOT
PROGRAM FROM MARCH 30, 2023 TO SEPTEMBER 30, 2023, AND CREATING
SANTA MONICA MUNICIPAL CODE CHAPTER 3.23 TO ESTABLISH A
CONTRACTING MODEL SHARED MOBILITY DEVICE PROGRAM
WHEREAS, in September 2017, shared electric scooters were introduced by a
private operator in Santa Monica; and
WHEREAS, in recognizing that a regulated shared mobility device program could
be a valued component of Santa Monica’s local transportation network by promoting
alternatives to car trips, in June 2018, the City approved a Shared Mobility Device Pilot
Program and associated fees to develop a new area of policy, regulation, operation, and
enforcement for shared mobility devices in the City; and
WHEREAS, in March 2021, Council adopted a Second Shared Mobility Device
Pilot Program, and also directed staff to, upon the conclusion of the Second Shared
Mobility Device Pilot Program, shift from a temporary permitting model to a longer-term
contracting model with fewer operators for shared mobility services in the City; and
WHEREAS, the contracting model focuses regulatory efforts in areas with clearly
defined performance expectations while seeking to align them with reporting and
enforcement processes; and also narrows the focus on regulations, with emphasis on
oversight and relationship-building with operators through continued development of
technology-based tools for management and enforcement; and
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WHEREAS, although the City will now contract directly with Shared Mobility Device
System operators instead of issuing permits, the Santa Monica Municipal Code must still
be amended to continue prohibiting certain shared mobility device conduct for both
authorized operators and non-authorized operators.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.22.090 of the Santa Monica Municipal Code is hereby
amended 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 September 30, 2023, unless otherwise extended or
terminated earlier by the City.
SECTION 2. Chapter 3.23 of the Santa Monica Municipal Code is hereby added
as follows:
3.23.020 Definitions.
(a) “Abandon” shall mean leaving an item unattended for any length of time.
(b) “Operator” shall mean any person or business entity selected by the City to
operate a Shared Mobility Device System pursuant to this Chapter.
(c) “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.
(d) “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.
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(e) “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 and that complies with all Federal and State of
California laws, 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 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 pedicab as regulated in Chapter 6.50 of this Code; or a device
operated by the Los Angeles County Metropolitan Transportation Authority.
(f) “Shared mobility device system” shall mean the deployment, maintenance,
service, storage, or recovery of one or more Shared Mobility Device that is being vended
or made available for rent or other commercial use in the City of Santa Monica.
3.23.030 Prohibited Conduct regarding operation of a Shared Mobility Device or
Shared Mobility Device System
Notwithstanding any other provision of this Code, no person shall:
(a) Display, offer or make available for rent any shared mobility device within
the City, unless the shared mobility device is part of a shared mobility device system
operated by a person or company contracting with the City for shared mobility device
services in accordance with the provisions of this Chapter;
(b) Abandon a shared mobility device not authorized by this Chapter in the
public right-of-way or a public area in such a way that the device is available for rent; or
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(c) Abandon a shared mobility device in the public right-of-way or a public area
in a manner that: (1) obstructs travel upon or blocks access to a public right-of-way; (2)
poses an immediate public safety hazard; or (3) is otherwise prohibited by applicable laws
or administrative regulations;
(d) Engage in any sports or recreational activity with any shared mobility device
that endangers public health or safety or threatens injury to persons, or damage to
property.
3.23.040 Limitations on City liability
To the fullest extent permitted by law, the City shall not assume any liability
whatsoever with respect to the operation of any shared mobility device system by shared
mobility device operators contracting with the City. As a condition of being awarded a
contract to operate a shared mobility device system, a bidder shall be required to meet
all of the following conditions:
(a) The bidder must execute an agreement, in a form approved by the City
Attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold
harmless the City, and its council, council members, boards, board members,
commissions, commission members, task forces, task force members, officers, officials,
employees, representatives, volunteers, and agents from any and all claims, losses,
damages, injuries, or liabilities which arise out of, or which are in any way related to, the
operation of a shared mobility device system; the classification by the operator of any
individuals or entities performing services for the operator as employees or contractors;
or the alleged violation of any Federal, State or local laws by the bidder or any of its
officers, managers, employees, contractors, or agents.
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(b) Maintain insurance at coverage limits, and with conditions thereon
determined necessary and appropriate from time to time, as determined by the City’s Risk
Manager and name the City of Santa Monica as additional insured. The bidder’s
insurance policy shall be endorsed to state that coverage shall not be cancelled except
after thirty days prior written notice by certified mail has been given to the City.
(c) Reimburse the City for all costs and expenses, including, but not limited to,
attorney fees and costs, which it may be required to pay as a result of any legal challenge
arising out of or in any way related to any claim, loss, damage, injury, or liability as to
which the bidder has an obligation to indemnify, defend, and hold harmless the City
pursuant to Section 3.23.040(a) above. The City may, at its sole discretion, participate at
its own expense in the defense of any such legal challenge, but such participation shall
not relieve any of the obligations imposed hereunder.
3.23.050 Impoundment of devices
(a) A shared mobility device that is displayed, offered, or made available for
rent, or abandoned, in the public right-of-way or a public area in violation of Section
3.23.030 shall be subject to immediate impoundment by the City.
(b) The City Council may adopt impound fees by Resolution, which shall reflect
the City’s enforcement, investigation, storage, and impound costs.
(c) No person shall retrieve any impounded shared mobility device except upon
demonstrating proper proof of ownership of the device and payment of applicable
impound fees.
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3.23.060 Enforcement
(a) Any person who violates any provision of this Chapter 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 five hundred dollars
per violation or by imprisonment in the County Jail for a period not exceeding six months
or by both such fine and imprisonment.
(b) Any person who violates any provision of this Chapter shall be subject to
administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter
1.10 of this Code.
(c) Any person convicted of violating this Chapter in a criminal case, or found
to be in violation of this Chapter in a civil or administrative case brought by a law
enforcement agency, shall be ordered to reimburse the City and other participating law
enforcement agencies their full investigative costs.
SECTION 3. 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 4. 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
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declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. 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 thirty
days after adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Approved and adopted this 13th day of September, 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. 2715 (CCS) had its introduction
on August 23, 2022 and was adopted at the Santa Monica City Council meeting
held on September 13, 2022, by the following vote:
AYES: Councilmembers Davis, de la Torre, Negrete, Parra,
Mayor Himmelrich, Mayor Pro Tem McCowan
NOES: None
ABSENT: Councilmember Brock
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2715 (CCS) was duly published pursuant to
California Government Code Section 40806.
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9/21/2022