HomeMy WebLinkAbout14. Adopt Ord Re Electric Scooter Pilot ProgramI[Wf§111111110
FROM: OFFICE OF THE CITY MANAGER
BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT,�,
DATE: JANUARY 28, 2020
SUBJECT: ELECTRIC SCOOTER PILOT PROGRAM
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At its January 14, 2020 meeting, the City Council received a staff presentation, discussed, and
after fully considering all oral and written testimony and facts and opinions offered, introduced
the attached Ordinance.
FISCAL IMPACT
ATTACHMENTS
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THE ADDITION OF SECTION 3164.1 "OPERATION OF MOTORIZED SCOOTERS
ON HIGHWAYS" TO PART 8 "MISCELLANEOUS DRIVING RULES" OF CHAPTER
I "TRAFFIC REGULATIONS" OF ARTICLE III "PUBLIC SAFETY" OF THE
DOWNEY MUNICIPAL CODE
WHEREAS, Section VII of Article XI of the California Constitution provides that a city
may make and enforce within its limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws; and,
WHEREAS, Article 5 of Chapter 1 of Division 11 of the California Vehicle Code regulates
the operation of motorized scooters; and,
WHEREAS, California Vehicle Code authorizes local authorities, by ordinance, to
regulate the registration of motorized scooters, as well as the parking and operation of
motorized scooters on pedestrian or bicycle facilities and local streets and highways, if not in
conflict with the California Vehicle Code; and,
WHEREAS, Section 21235(b) of the California Vehicle Code prohibits motorized
scooters on highways in excess of 25 miles per hour unless the motorized scooter is operated
within a Class 11 or Class IV bikeway; and,
WHEREAS, Section 21235(b) of the California Vehicle Code authorizes local authorities,
by ordinance or resolution, to authorize the operation of motorized scooters outside of a Class 11
or Class IV bikeway on a highway with a speed limit of up to 35 miles per hour; and,
WHEREAS, the City Council of the City of Downey finds that there is a need to regulate
operators and users of shared mobility devices — including motorized scooters, on City streets
and public rights-of-way; and,
WHEREAS, on September 10, 2019, the City Council, directed staff to investigate and
procure proposals from vendors to provide shared -use scooter services within a specified
Service -Area of the City as part of a pilot program ("Pilot Program"); and,
WHEREAS, the Service Area is currently defined as the areas east of Paramount
Boulevard, north of Imperial Highway, west of Bellflower Boulevard, west of Lakewood
Boulevard, and south of Gallatin Road; and,
WHEREAS, On September 20, 2019, staff released a Request For Qualifications
("RFQ") and invited 11 firms to submit their qualifications to operate and maintain the Pilot
Program; and,
WHEREAS, the scope of work identified in the RFQ included: building, maintaining,
operating, and marketing a complete shared -use electric scooter and safety program within the
Service Area; and,
WHEREAS, On October 11, 2019, staff received one response proposal from Sun
Scooter Inc. ("Sun"); and,
WHEREAS, the City Council of the City of Downey seeks to approve the Pilot Program
for a period of 90 -days from the effective date of this Ordinance, and to authorize the
Community Development Department to issue a permit to a pilot program operator that is
qualified in a manner consistent with the RFQ, subject to approved Rules and Regulations; and,
Attachment "A"
WHEREAS, the City Council of the City of Downey seeks to authorize the Community
Development Director to implement and the City of Downey to enforce Rules and Regulations
for the operation of the Pilot Program within the City in a manner consistent with State law,
including the parking and operation of shared motorized scooters on pedestrian or bicycle
facilities and local streets and highways within the City; and,
WHEREAS, by implementing the Pilot Program, the City intends to study the data
collected during the pilot period to determine the feasibility of a permanent shared -use mobility
device program (inclusive of motorized scooters and other shared mobility devices), to obtain
public and business community feedback, and to modify the Rules and Regulations, if
necessary. to ensure safe and equitable access and adequate maintenance and operations
throughout the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Sections 3164.1 ("Operation of Motorized Scooters on Highways") of the
Downey Municipal Code is hereby added to of Part 8 ("Miscellaneous Driving Rules") of Chapter
1 ("Traffic Regulations") of Article III ("Public Safety") of the Downey Municipal Code to read as
follows:
"SECTION 3164.1. OPERATION OF MOTORIZED SCOOTERS ON HIGHWAYS.
(A) No person shall operate any motorized scooter (as defined by Section 407.5 of the
California Vehicle Code) on any highway, except as authorized by Section 21235(b) of
the California Vehicle Code or by this Section:
(1) Motorized scooters may be operated outside of a Class II or Class IV bikeway (as
defined by Section 890.4 of the California Streets and Highways Code) on the
following highways within the City:
(a) Downey Avenue. Between Firestone Boulevard and Florence Avenue.
(b) Brookshire Avenue. Between Stewart and Gray Road and Gallatin Road.
(c) Patton Road. Between Stewart and Gray Road and Firestone Boulevard.
(d) Cherokee Drive. Between Downey Avenue and Lakewood Boulevard.
(e) Fifth Street. Between Brookshire Avenue and Lakewood Boulevard.
(f) Firestone Boulevard. Between Paramount Boulevard and Lakewood
Boulevard.
(g) Stewart and Gray Road. Between Paramount Boulevard and Bellflower
Boulevard.
(h) Alameda Street. Between Paramount Boulevard and Lakewood
Boulevard.
(i) Columbia Way. Between Lakewood Boulevard and Imperial Highway.
(2) Notwithstanding the provisions of Section 3164, and in accordance with Section
21235(g) of the California Vehicle Code, a motorized scooter may operate upon a
sidewalk only as may be necessary to directly enter or leave an adjacent property.
(B) Sunset Provision. This Section shall expire and be deemed repealed 90 days after the
effective date of this Ordinance, unless extended by ordinance."
SECTION 2. Sections 3164.2 ("Shared -Use Mobility Device System") of the Downey
Municipal Code is hereby added to of Part 8 ("Miscellaneous Driving Rules") of Chapter 1
("Traffic Regulations") of Article III ("Public Safety") of the Downey Municipal Code to read as
follows:
(A) Definitions. As used in this Section, the following definitions shall apply. Whenever any
words or phrases used in this Section are not defined herein, but are defined in the
California Vehicle Code, such definitions are incorporated herein and shall be deemed to
apply to such words and phrases used herein as though set forth herein in full.
(1) Electric Standup Scooter. A device with no more than three wheels measuring
twelve inches (12") or smaller in diameter, that has handlebars and is designed
to be stood upon by the user while riding, weighs no more than fifty (50) pounds,
and is powered by an electric motor that is capable of propelling the device with
or without human propulsion at a speed no greater than 15 miles per hour on a
paved level service.
(2) Shared -Use Mobility Device. A transportation device by which a person can be
propelled, moved or drawn, that is displayed, offered or placed for rent in any
public street, highway, roadway, alley, sidewalk, parkway, or other pathway
designed or used for pedestrian or vehicular travel that is owned, granted by
easement, operated, or controlled by the City, or any other outdoor area open to
the public for public use, whether owned or operated by the City. Shared -Use
Mobility Device includes Electric Standup Scooters that are part of a Shared -Use
Mobility Device Program, as each of these terms is defined in this Section.
(a) Shared -Use Mobility Device does not include any of the following:
(i) Any motor vehicle that is operated as part of an App -Based
Rideshare Service (as that term is defined in Section 3197.1(a) of
the Downey Municipal Code);
(ii) Any Automobile for Hire (as that term is defined by Section 6510.1
of the Downey Municipal Code);
(iii) Any Motorbus (as that term is defined by Section 6510.3 of the
Downey Municipal Code);
(iv) Any Taxicab (as that term is defined by Section 6510.7 of the
Downey Municipal Code);
(v) Any motor vehicle for hire which provides private service to qualified
senior citizens or disabled persons as part of the Downey Dial-A-
Ride Program or to the general public as part of the Downey -Link
Program pursuant to a valid contract with the City; and,
(vi) A motor vehicle rented or leased by an automobile rental agency in
full compliance with the Downey Municipal Code — including
business licensing and zoning regulations.
(3) Shared -Use Mobility Device Operator. An individual or a public, private, or non-
profit entity that manages and operates a Shared -Use Mobility Device Program.
(4) Shared -Use Mobility Device Program. A system of self-service Shared -Use
Mobility Devices for hire in the City of Downey operated by a Shared -Use
Mobility Device Operator.
(B) Authority of Director of Community Development. The Director of Community
Development shall implement a Shared -Use Mobility Device pilot program for Electric
Standup Scooters and implement such Rules and Regulations as necessary and
appropriate for a pilot Shared -Use Mobility Device Program. Such Rules and
Regulations may include, but shall not be limited to, permit rules; operational regulations;
insurance, indemnification, and fee requirements; and impoundment regulations. The
Director of Community Development shall issue a Shared -Use Mobility Device Permit to
a qualified Shared -Use Mobility Device Operator in accordance with the Rules and
Regulations implemented pursuant to this Subsection.
(C) Permit Required. No person shall operate a Shared -Use Mobility Device Program, nor
otherwise provide Shared -Use Mobility Devices for hire in the City of Downey, without a
current and valid Shared -Use Mobility Device Permit, issued by the Director of
Community Development in accordance with the Rules and Regulations enacted
pursuant to Subsection (b).
(1) A Shared -Use Mobility Device Operator shall comply with all Rules and
Regulations and conditions of any Shared -Use Mobility Device Permit."
SECTION 3. The Pilot Program — and the authorization granted to the Director of
Community Development — as authorized by Section 3164.2 shall terminate upon the earlier of
ninety (90) days after the effective date of this Ordinance or the adoption of an ordinance by the
City Council regulating Shared -Use Mobility Device Programs within the City. Section
3164.2(C) shall remain effective beyond the expiration of the pilot program.
SECTION 4. If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section,
subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this day . 2020
BLANCA PACHECO, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF DOWNEY )
I HEREBY CERTIFY that the foregoing Ordinance No. 20- was introduced at a
Regular Meeting of the City Council of the City of Downey held on the day of,... „
2020, and adopted at a regular meeting of the City Council of the City of Downey held on the
day of 2020, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 20- , was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
, 2020 (after introduction), and on , 2020 (after adoption,
including the vote thereon). It was also posted in the regular posting places in the City of
Downey on the same dates.
MARIA ALICIA DUARTE, CMC
City Clerk