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Home My WebLink AboutCC Ord 1704 2023-05-22 ORDINANCE 1704 AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 7.65 (OPERATION OF REGULATED MOBILITY DEVICES) TO THE SEAL BEACH MUNICIPAL CODE TO REGULATE THE USE OF MOBILITY DEVICES IN THE CITY AND FINDING THE ORDINANCE TO BE EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT NOW THEREFORE, the City Council of the City of Seal Beach does hereby ordain as follows: Section 1. Chapter 7.65 (Operation of Regulated Mobility Devices) is hereby added to the Seal Beach Municipal Code to read as follows: "Chapter 7.65 - Operation of Regulated Mobility Devices" Sections: 7.65.005 Definitions. 7.65.010 Operation of regulated mobility device. 7.65.015 Enforcement. 7.65.020 Exemptions. 7.65.005 Definitions. "Bicycle" has the same meaning as in California Vehicle Code Section 231, as it may be amended from time to time. "Electric bicycle" has the same meaning as in California Vehicle Code Section 312.5, as it may be amended from time to time. "Electric personal assistive mobility device" has the same meaning as in California Vehicle Code Section 313, as it may be amended from time to time. "Electrically motorized boards" has the same meaning as in California Vehicle Code Section 313.5, as it may be amended from time to time. "Low speed vehicle" has the same meaning as in California Vehicle Code Section 385.5, as it may be amended from time to time. "Motorized scooter" has the same meaning as in California Vehicle Code Section 407.5, as it may be amended from time to time. "Operator" means a person who owns, operates, and/or controls a regulated mobility device. "Public area" means any outdoor area that is open to the members of the public for public use. A public area includes a public park, beach, or pier. "Regulated mobility device" means bicycles, electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, shared mobility devices, or other similar vehicles. "Rider" means a traveler riding in or on a regulated mobility device who is not operating it. "Shared mobility device" has the same meaning as in California Civil Code Section 2505, as it may be amended from time to time. "Vehicle" has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time. Section 7.65.010 Operation of Regulated Mobility Devices A. It is prohibited to operate or ride on a regulated mobility device in public areas where such prohibition is posted by signs or as otherwise set forth in this ordinance. A list of public locations where regulated mobility devices are prohibited shall be on file in the city clerk's office. The list may be amended from time to time by resolution of the city council. B. No person shall operate or ride a regulated mobility device upon any sidewalk, in any public drainage facility, culvert, ditch, channel, or any other public athletic/sports court, or gymnasium in the city. C. Duty to operate with due care, reduce speed. 1. The operator of a regulated mobility device shall exercise all due care and shall reduce the speed of the device, obey all traffic control devices, and take all other action relating to operation of the device as necessary to safeguard the safety of the operator, passengers, and any persons or other vehicles or devices in the immediate area. It shall also be unlawful to transport any other person upon the bar, handle bars, floorboard or other area of regulated mobility device not designed for passenger riding or designed for a single person, or cling to or attach oneself or one's regulated mobility device with an operator or rider on board to any moving vehicle or motorized or non-motorized wheeled device. 2. Persons operating or riding a regulated mobility device on a city or county trail must dismount the regulated mobility device where the trail width is less than 5 feet and a pedestrian or equine is within a distance of 50 feet from the regulated mobility device. Section 7.65.015 Enforcement. In lieu of a fine or administrative citation as authorized by this code, and in lieu of filing charges in any court having jurisdiction over a violation, the police chief or designee may allow a violator of this chapter to complete a police department provided safety course for regulated mobility devices. Section 7.65.020 Exemptions. A. Notwithstanding any other provision of this chapter, or any other section of this code, city and public agency personnel may operate regulated mobility devices or other vehicles at any place in the city in the performance of their official duties. B. This chapter is not intended to apply to or otherwise restrict regulated mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) and section 36.311 of Title 28 of the Code of Federal Regulations. Section 2. Environmental Review. The adoption of this Ordinance is not a "project" under CEQA because it can be seen with certainty that the new regulation of mobility devices will lead to no direct or indirect physical change in the environment. The Operation of Regulated Mobility Devices Chapter regulates where certain mobility devices can be used on public property and in public areas and no development is contemplated. The Ordinance does not limit travel by regulated mobility device by safe means and therefore does not cause any additional vehicles travelled. The Ordinance, therefore, is exempt from the requirements of CEQA and the State CEQA Guidelines under Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. In addition, this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15301 because it addresses the travel of regulated mobility devices on existing facilities, such as sidewalks. Section 3. Severability. If any provision or clause of this Ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions, or clauses, or applications, and to this end the provisions, sections, and clauses of this ordinance are declared to be severable. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days following its adoption by the City Council. Section 5. Certification. The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance or a summary thereof to be published as required by law. The City Manager is directed to widely publicize the adoption of this Ordinance. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on May 8, 2023. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of May, 2023 by the following vote: AYES: Council Members: Kalmick, Landau, Moore, Steele, Sustarsic NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None -- Thomas Moore, Mayor r �SEAL B�Cq ATT / \acpRPR�TF- ,• Gloria D. Harper, City Clerk • . \ ,, A•37(0 APPROVED AS TO FORM Nicholas Ghirelli, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance 1704 was introduced for first reading at a regular meeting held on the 8th day of May, 2023, and was passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of May, 2023, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. �1 g / Gloria D. Harper, City Clerk I I I