SR 05-11-2021 7A 506-003-10-03 / 510-023
City Council Report
City Council Meeting: May 11, 2021
Agenda Item: 7.A
1 of 1
To: Mayor and City Council
From: George Cardona, Interim City Attorney, City Attorney's Office, Municipal Law
Subject: Second Reading And Adoption Of An Ordinance Of The City Council Of The
City Of Santa Monica Amending Santa Monica Municipal Code Section
3.12.1055 To Allow The Citywide Operation Of Remote-Controlled Delivery
Devices By Operators Participating In The Zero Emissions Delivery Zone
Pilot Program
Recommended Action
Staff recommends that City Council waive reading in full and adopt the attached
Ordinance.
Summary
At its meeting on April 27, 2021, the City Council introduced for first reading an
ordinance amending Santa Monica Municipal Code Section 3.12.1055 to allow the
citywide operation of remote-controlled delivery devices by operators participating
in the Zero Emissions Delivery Zone Pilot Program. The ordinance is now
presented to City Council for adoption.
Prepared By: Bradley Michaud, Legal Operations Coordinator
Approved
Forwarded to Council
Attachments:
A. CDD-Ord- AmendingAutonomousDeliveryVehicleMoratorium-20210511-2d
7.A
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City Council Meeting: May 11, 2021 Santa Monica, California
ORDINANCE NUMBER _________ (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 ALLOW
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 (Council)
adopted emergency ordinance 2656 (CCS) creating Santa Monica Municipal Code
(SMMC) Section 3.12.1055, which establishes a one-year moratorium, through October
28, 2021, on the deployment and operation of autonomous delivery devices on City
sidewalks 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 remotely controlled delivery vehicles within the Zero Emission Delivery Zone (ZEDZ),
so long as operators are participating in the ZEDZ pilot program; and
WHEREAS, Council now desires to amend SMMC Section 3.12.1055 to allow
remotely controlled device operators participating in the ZEDZ pilot program to operate
7.A.a
Packet Pg. 70 Attachment: CDD-Ord- AmendingAutonomousDeliveryVehicleMoratorium-20210511-2d (4562 : 2nd Reading - Autonomous Delivery)
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citywide and authorize 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
to read as follows:
3.12.1055 Autonomous and Remotely Controlled Delivery Vehicles or Devices
Beginning on October 28, 2020 and ending on October 28, 2021, 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 purposes that is
guided and controlled with 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, and ending on October 28, 2021, no person shall deploy or operate a
remotely controlled delivery vehicle or device on City sidewalks or pedestrian paths of
7.A.a
Packet Pg. 71 Attachment: CDD-Ord- AmendingAutonomousDeliveryVehicleMoratorium-20210511-2d (4562 : 2nd Reading - Autonomous Delivery)
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travel remotely controlled delivery vehicle or device other than as part of the pilot program
being overseen in Santa Monica by Los Angeles Cleantech Incubator (‘LACI”). All
operations 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 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
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
7.A.a
Packet Pg. 72 Attachment: CDD-Ord- AmendingAutonomousDeliveryVehicleMoratorium-20210511-2d (4562 : 2nd Reading - Autonomous Delivery)
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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:
_________________________
GEORGE S. CARDONA
Interim City Attorney
7.A.a
Packet Pg. 73 Attachment: CDD-Ord- AmendingAutonomousDeliveryVehicleMoratorium-20210511-2d (4562 : 2nd Reading - Autonomous Delivery)