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HomeMy WebLinkAbout945 - Ordinance ORDINANCE NO. 945 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 10.80 TO THE MUNICIPAL CODE TO TEMPORARILY PROHIBIT SHARED MOBILITY DEVICES FROM BEING PLACED IN THE PUBLIC RIGHT-OF-WAY OR OFFERED FOR USE ANYWHERE IN THE CITY WHEREAS, dockless motorized vehicles, usually but not necessarily electric scooters, have recently appeared in municipalities throughout the region with little or no warning given to municipal governments; WHEREAS, the City Council finds that such vehicles, hereinafter referred to as shared mobility devices, have been demonstrated to pose safety hazards to pedestrians, motorists, and shared mobility device operators in the absence of regulation; WHEREAS, the City Council finds that shared mobility devices, if properly regulated, have the potential to be a convenient and environmentally-friendly means of transportation, and to play a role in efforts to decrease traffic congestion and pollution in the City; and WHEREAS, the City Council finds that it is necessary to temporarily prohibit the placement and offering for use of shared mobility devices in the public right-of-way or on public property in the City while it fully explores regulatory options, with the aim of eventually introducing shared mobility devices as a transportation option for City residents in as safe and controlled a manner as possible. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY ORDAINS AS FOLLOWS: Section 1. A new Chapter 10.80 ("SHARED MOBILITY DEVICES") OF Title 10 ("VEHICLES AND TRAFFIC") is added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 10.80: SHARED MOBILITY DEVICES Section 10.80.010: Purpose. Section 10.80.020: Definition. Section 10.80.030: General Requirements. Section 10.80.040: Violations. Section 10.80.050: Sunset Provision. 10.80.010. Purpose. The purpose of this chapter is to temporarily prohibit Shared Mobility Devices from being placed in the public right-of-way or on public property or offered for Use Ordinance No. 945 - Page 1 of 3 anywhere in the City, so as to allow for adequate pedestrian traffic flow and to promote public safety. 10.80.020. Definition. A "Shared Mobility Device" means any wheeled device, other than an automobile or motorcycle, that 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 locations. 10.80.030. General Requirements. A. 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. B. It is unlawful to provide or offer for use a shared mobility device anywhere within' the City. 10.80.040. Violations. A. Violations of this chapter shall be punishable as provided for in Title 1 , Chapter 1.12 of this Code. B. Peace Officers, Traffic Control Officers, Parking Enforcement Officers, Community Improvement Officers, Park Rangers, Public Works Department staff members, those City officials designated by the City Manager, and any party contracted by the City to specifically impound shared mobility devices are authorized to impound any shared mobility device pursuant to the California Vehicle Code. The impound shall be subject to an impound and storage fee established by resolution of the City Council. 10.80.050. Sunset Provision. This chapter shall remain in effect for six (6) months from the date of its adoption, at which time it shall become ineffective unless the City Council acts to readopt the provisions herein." Section 2. CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment, because the Ordinance prohibits shared mobility devices from being parked, placed, or offered for use in the City, and since there are currently few or no shared mobility devices present in the City, the Ordinance maintains the status quo. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(d) of the California Code of Regulations. The Ordinance is additionally exempt from CEQA pursuant to CEQA Guidelines Section 15301(c), as it involves no expansion of the use of existing facilities, a category that includes streets and sidewalks. Ordinance No. 945 - Page 2 of 4 Section 3. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 4. Publication and Certification. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, and shall certify to the adoption of this Ordinance. Section 5. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. Ordinance No. 945 - Page 3 of 4