SR 12-13-2022 10C
City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 10.C
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica
Municipal Code Section 3.12.1055 to Authorize the Operation of Remote-
Controlled Personal Delivery Devices (PDDs) and Prohibit the Operation of
Autonomous Delivery Devices
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on November 15, 2022, the City Council introduced for first reading an
Ordinance amending Santa Monica Municipal Code Section 3.12.1055 to authorize the
operation of remote-controlled personal delivery devices (PDDs) and prohibit the
operation of autonomous delivery devices. The ordinance is now presented to the City
Council for adoption.
Prepared By: Bradley Michaud, Legal Operations Coordinator
Approved
Forwarded to Council
Attachments:
A. PD-Ord-Remotely Controlled Devices-2d
10.C
Packet Pg. 489
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City Council Meeting: December 13, 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 SECTION 3.12.1055 TO AUTHORIZE THE
DEPLOYMENT AND OPERATION OF REMOTELY CONTROLLED PERSONAL
DELIVERY VEHICLES AND DEVICES AND PROHIBIT THE OPERATION OF
AUTONOMOUS PERSONAL DELIVERY VEHICLES AND DEVICES
WHEREAS, in October 2020, in response to public safety concerns over the
national proliferation of autonomous personal delivery vehicles and devices operating on
sidewalks and pedestrian paths of travel, the City adopted a moratorium which prohibited
the deployment and operation of autonomous personal delivery vehicles and devices;
and
WHEREAS, at that time, the City allowed the deployment and operation of
remotely controlled personal delivery vehicles and devices, so long as operators
participated in the Zero Emission Delivery Zone (ZEDZ) pilot program between the City
and the Los Angeles Cleantech Incubator; and
WHEREAS, on December 31, 2022, the ZEDZ pilot program will end, and the City
desires to continue allowing the deployment and operation of remotely controlled personal
delivery vehicles and devices, subject to rules and regulations drafted by City staff; and
WHEREAS, for the same public safety concerns described in the October 2020
emergency ordinance, the City also desires to adopt a permanent prohibition on
deployment and operation of autonomous personal delivery vehicles and devices
operating on City sidewalks and pedestrian paths of travel.
10.C.a
Packet Pg. 490 Attachment: PD-Ord-Remotely Controlled Devices-2d (5496 : Delivery Devices - Second Reading)
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.12.1055 of the Santa Monica Municipal Code is hereby
amended as follows:
3.12.1055 Autonomous and remotely controlled personal delivery vehicles or
devices.
(a) At no time shall a person deploy or operate, or cause to be deployed or operated,
an autonomous personal delivery vehicle or device, or a semi-autonomous
personal delivery vehicle or device, on City sidewalks or pedestrian paths of travel.
(b) For purposes of this Section:
(1) “Autonomous personal 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.
(2) “Semi-autonomous personal 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,
where vehicle or device operation technology is a combination of hardware
and software, remote and/or on-board, and performs the dynamic piloting
task.
(b) A person may deploy and operate, or cause to be deployed and operated, a
remotely controlled personal delivery vehicle or device to transport items, products,
10.C.a
Packet Pg. 491 Attachment: PD-Ord-Remotely Controlled Devices-2d (5496 : Delivery Devices - Second Reading)
3
or any other materials on City sidewalks or pedestrian paths of travel for
commercial purposes. All operations of remotely controlled personal delivery
vehicles or 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 other rules and
regulations pertaining to the deployment and operation of a remotely controlled
personal delivery vehicle or device.
(c) The City Manager, or designee, is authorized to adopt rules and regulations
consistent with, and necessary to, implement this Section. Such rules and
regulations may include, but are not limited to, provisions governing: (1)
dimensions of devices and vehicles; (2) yielding of the right of way to pedestrians
and bicycles; (3) obeyance of all signs and signals governing traffic and
pedestrians; (4) non-interference with the maintenance of paths of travel for
persons with disabilities; (5) non-transport of waste or hazardous materials
(including flammables or ammunition); (6) mandatory use of headlights that
operate at night, sunrise, and sunset; and (7) 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.
Such rules and regulations shall be filed in the office of the City Clerk where they
shall be made available for inspection by the public. Violations of rules and
regulations issued pursuant to this Section shall constitute violations of this
Chapter, and shall subject the violator to the penalties set forth in this Chapter.
10.C.a
Packet Pg. 492 Attachment: PD-Ord-Remotely Controlled Devices-2d (5496 : Delivery Devices - Second Reading)
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(d) This Section shall not apply to vehicles regulated solely under the autonomous
vehicle sections of the California Vehicle Code.
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
effect 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 become effective thirty
days after adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
10.C.a
Packet Pg. 493 Attachment: PD-Ord-Remotely Controlled Devices-2d (5496 : Delivery Devices - Second Reading)