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CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report

November 6, 2018
PUBLIC HEARINGS

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Evan Kort, Assistant Planner

APPROVED BY: Chip Rerig, City Administrator

FIRST READING - Ordinance No. 2018-005, Adding Chapter 10.40.050 to the


Municipal Code Prohibiting the Use of Shared Mobility Devices Within the City Of
SUBJECT:
Carmel-by-the-Sea.

RECOMMENDATION:
Adopt the Ordinance prohibiting the use of shared mobility devices within the City of Carmel-by-the-Sea.

BACKGROUND/SUMMARY:
A recent surge of shared mobility systems and devices with "dockless" technology, including motorized
scooters (e.g., Bird Rides, Lime-S, Spin) and dockless bikes (e.g. LimeBike, JUMP, Mobike, Spin), have
emerged in cities throughout the United States. The technology is implemented in such a way that the
user/customer can approach any shared mobility device (dockless, or at a shared mobility system), unlock the
device via their smartphone or control panel by paying a small fee, then are charged on a per minute basis until
they end their ride by locking the device on their smartphone or by returning it to the shared mobility system.

One of the primary draws of a shared mobility device is the use of a dockless system, meaning, once the trip
has been completed, the user leaves the device and simply walks away allowing another user to use the device
from the location the previous user ended their ride. The flexibility created by not needing to return the device to
a specific location has been cited as being a promising solution to the “first-mile, last-mile” public transit
problem. While the use of shared mobility devices may address transportation issues in larger-sized cities, they
also create a number of potential public safety issues. Motorized scooters, for example, reach speeds of nearly
20 mph and are often ridden on sidewalks. Furthermore, by having a dockless system, persons using the shared
mobility devices will leave the scooters/bicycles in the public way, creating clutter on Carmel’s already narrow
sidewalks, blocking business entrances and exits, and potentially creating tripping hazards for pedestrians. In
staff’s opinion, Carmel’s narrow sidewalks and streets, and lack of bike lanes, leave little space for shared
mobility devices to safely operate.

Recent amendments to California Vehicle Code Section 21235 prohibit the use of motorized scooters on
sidewalks, except as necessary to enter or leave adjacent property, and prohibits leaving scooters on sidewalks
in a manner that obstructs pedestrian traffic. Nevertheless, staff recommends that the City Council adopt the
attached Ordinance (Attachment 1) prohibiting shared mobility devices. The following summarizes some of the
key points of the Ordinance:

Defines "shared mobility device" as any wheeled device, other than an automobile or motorcycle, including
but not limited to, a device that is powered by a motor; is accessed via an on-demand portal, whether a
smartphone application, membership card, or similar method; is operated by a private entity that owns,
manages, and maintains devices for shared use by members of the public; and is available to members of
the public in unstaffed, self-service locations, except for those locations which are designated by the City.

Prohibits parking, leaving (standing or lying), abandoning, or otherwise placing a shared mobility device in a
public right-of-way or on public property anywhere in the city.

Prohibits the operation of a shared mobility device in the public right-of-way or public property anywhere in
the city.

Prohibits shared mobility devices being offered for use anywhere in the city.

Authorizes Police officers, those City employees designated by the City Administrator, and any party
contracted by the City to specifically impound shared mobility devices are authorized to impound any
shared mobility device that has been offered for use, placed in a public right-of-way or on public property,
or operated in a public right-of-way or on public property in violation of this chapter.

ENVIRONMENTAL REVIEW: The proposed Zoning Ordinance Amendment is not subject to the California
Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)
(3), because the activity is covered by the general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. The proposed ordinance maintains the status quo
and prevents changes in the environment. Because there is no possibility that this ordinance may have a
significant adverse effect on the environment, the adoption of this ordinance is exempt from CEQA.
FISCAL IMPACT:
The proposed Ordinance will have minimal fiscal impacts. Currently Shared Mobility Devices are not utilized in
the city and the only fiscal impact as a result of the Ordinance would be the loss of potential revenue from the
issuance of business licenses and sales tax if shared mobility devices were to be regulated.

PRIOR CITY COUNCIL ACTION:


None.

ATTACHMENTS:

Attachment #1 - Ordinance No. 2018-005, Shared Mobility


Attachment #2 - Code Amendments
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL

ORDINANCE NO. 2018- 005

AN ORDINANCE ADDING CHAPTER 10.40.050 TO THE MUNICIPAL CODE PROHIBITING THE USE
OF SHARED MOBILITY DEVICES WITHIN THE CITY OF CARMEL-BY-THE-SEA
__________________________________________________________________________________

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself in its
community character; and

WHEREAS, goal G2-1 of the Circulation Element of the General Plan states to “provide and
maintain a transportation system and facilities that promotes the orderly and safe transportation of people
and goods while preserving the residential character and village atmosphere of Carmel” (LUP); and

WHEREAS, shared mobility devices present an inherent risk to public safety and welfare; and

WHEREAS, shared mobility devices can create adverse impacts on the City’s commercial and
residential districts by impeding the flow of vehicles along streets or by impeding pedestrians traveling
along City sidewalks, blocking patron views into shop window, and/or by creating a barrier to the free
movement of persons traveling on public ways; and

WHEREAS, California Vehicle Code Section 21225 authorizes local authorities to regulate, by
ordinance, the parking and operation of motorized scooters on pedestrian or bicycle facilities and local
streets; and

WHEREAS, the City Council of the City of Carmel-by-the-Sea held a duly noticed public hearing
and conducted a first reading of the Ordinance on November 6, 2018.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES


ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council of the City of Carmel-by-the-Sea does hereby find that
the above referenced recitals are true and correct and material to the adoption of this Ordinance.

SECTION 2. Enacted. Title 10.40.050 (Shared Mobility Devices) is hereby enacted as shown in
Exhibit “A” attached hereto and incorporated herein.

SECTION 3. CEQA Findings. The proposed Zoning Ordinance Amendment is not subject to the
California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as
defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on the
environment. The proposed ordinance maintains the status quo and prevents changes in the
Attachment 1

environment. Because there is no possibility that this ordinance may have a significant adverse effect
on the environment, the adoption of this ordinance is exempt from CEQA.

SECTION 4. Severability. If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, 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 section, subsection,
phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or
clauses be declared unconstitutional.

SECTION 5. Effective Date. This ordinance shall take immediately and is valid for 45 days from
the date of adoption.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th
day of November 2018, by the following roll call vote:

AYES:

NOES:

ABSENT:

APPROVED:

__________________________
Steve G. Dallas, Mayor

ATTEST:

________________________
Thomas A. Graves, MMC
City Clerk
Attachment 2

"CHAPTER 10.40.050 - SHARED MOBILITY DEVICES

Section 10.40.050.A: Purpose.


Section 10.40.050.B: Definition.
Section 10.40.050.C: General Requirements.
Section 10.40.050.D: Violations.

A. Purpose. The purposes of this chapter are to prohibit shared mobility devices from
being placed in the public right-of-way or on public property, operated in the public
right-of-way or on public property, or offered for use anywhere in the City, so as to
allow for adequate pedestrian traffic flow and to promote public.

B. Definition. For purposes of this chapter, "shared mobility device" means any
wheeled device, other than an automobile or motorcycle, including but not limited to,
a device that is powered by a motor; is accessed via an on-demand portal, whether
a smartphone application, membership card, or similar method; is operated by a
private entity that owns, manages, and maintains devices for shared use by
members of the public; and is available to members of the public in unstaffed, self-
service locations, except for those locations which are designated by the City.

C. General Requirements.
1. It is unlawful to park, leave standing, leave lying, abandon, or otherwise place a
shared mobility device in a public right-of-way or on public property anywhere within
the City.
2. It is unlawful to operate a shared mobility device in a public right-of-way or on
public property anywhere within the City.
3. It is unlawful to provide or offer for use a shared mobility device anywhere within
the City.

D. Violations.
1. Violations of this chapter shall be punishable as provided for in Title 1, Chapter
1.16 of this Code.
2. Police officers, those City employees designated by the City Administrator, and
any party contracted by the City to specifically impound shared mobility devices are
authorized to impound any shared mobility device that has been offered for use,
placed in a public right-of-way or on public property, or operated in a public right-of-
way or on public property in violation of this chapter. The impound shall be subject to
an impound and storage fee established by resolution of the City Council."