SR 08-23-2022 10F
City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 10.F
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of Ordinance to Amend SMMC Sections
3.12.010 and 3.12.600 to allow non-electric pedicabs on Beach Bike-Path and
recodify SMMC Section 3.12.380 prohibiting vehicle driving and parking on
sidewalks and parkways
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Executive Summary
At its meeting on July 26, 2022, the City Council introduced for first reading an
ordinance to (1) amend SMMC Section 3.12.010, Traffic Regulations, to define “Beach
Bike-Path” and “Beach Promenade”; (2) amend Chapter 3.12.600 to permit pedicab
operations on the Beach Bike-Path; and (3) recodify Section 3.12.380 prohibiting
vehicle driving and parking on sidewalks and parkways. The ordinance is now
presented to City Council for adoption.
Prepared By: Douglas Sloan, City Attorney
Approved
Forwarded to Council
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Packet Pg. 1199
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Attachments:
A. Second Reading ORD - Pedicabs
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Packet Pg. 1200
City Council Meeting: August 23, 2022 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 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
10.F.a
Packet Pg. 1201 Attachment: Second Reading ORD - Pedicabs (5322 : Second Reading - Pedicabs)
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.
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Packet Pg. 1202 Attachment: Second Reading ORD - Pedicabs (5322 : Second Reading - Pedicabs)
(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.
10.F.a
Packet Pg. 1203 Attachment: Second Reading ORD - Pedicabs (5322 : Second Reading - Pedicabs)
(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.
10.F.a
Packet Pg. 1204 Attachment: Second Reading ORD - Pedicabs (5322 : Second Reading - Pedicabs)
(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.
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Packet Pg. 1205 Attachment: Second Reading ORD - Pedicabs (5322 : Second Reading - Pedicabs)
(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,
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Packet Pg. 1206 Attachment: Second Reading ORD - Pedicabs (5322 : Second Reading - Pedicabs)
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
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Packet Pg. 1207 Attachment: Second Reading ORD - Pedicabs (5322 : Second Reading - Pedicabs)
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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Packet Pg. 1208 Attachment: Second Reading ORD - Pedicabs (5322 : Second Reading - Pedicabs)