CC - Item 4C - Second Reading of Ordinance No. 986 - Adding Chapter 10.28 to the Rosemead Municipal Code to Prohibit Shared On-Demand Personal Mobility Devices and BusinessesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
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FROM: GLORIA MOLLEDA, CITY MANAGER A k � `" ` -
DATE: JANUARY 22, 2019
SUBJECT: ORDINANCE NO. 986 — SECOND READING AND ADOPTION: ADDING
CHAPTER 10.28 TO THE ROSEMEAD MUNICIPAL CODE TO
PROHIBIT SHARED ON -DEMAND PERSONAL MOBILITY DEVICES
AND BUSINESSES
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On December 11, 2018, the City Council introduced for first reading, by title only, Ordinance
No. 986 adding Rosemead Municipal Code Section 10.28 related to shared on -demand personal
mobility devices such as bicycles and scooters, which prohibits such devices and their related
businesses from operating within the City.
STAFF RECOMMENDATION
It is recommended that the City Council approve the second reading and adoption of Ordinance
No. 986 by title only, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ADDING SECTION 10.28 TO THE ROSEMEAD
MUNICIPAL CODE TO PROHIBIT SHARED ON -DEMAND
PERSONAL MOBILITY DEVICES AND BUSINESSES AND
DETERMINING THE ADOPTION OF CHAPTER 10.28 IS
EXEMPT FROM CEQA
FISCAL IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitte
Ericka Hernandez, City Clerk ITEM NO. 4.0
Attachment A: Ordinance No. 986
Attachment A
Ordinance No. 986
ORDINANCE NO. 986
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, ADDING CHAPTER 10.28
TO THE ROSEMEAD MUNICIPAL CODE TO PROHIBIT
SHARED ON -DEMAND PERSONAL MOBILITY DEVICES
AND BUSINESSES AND DETERMINING THE ADOPTION
OF CHAPTER 10.28 IS EXEMPT FROM CEQA
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
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SECTION 1. The City Council finds and determines as follows:
A. The purpose of this ordinance is to add Chapter 10.28 to the Rosemead Municipal Code
("RMC") to prohibit Shared On -Demand Personal mobility Devices and businesses to protect the
use of the public right of way, promote the public health, safety and welfare, and allow for adequate
pedestrian circulation.
B. On December 11, 2018, the City Council considered the staff report accompanying this
ordinance, the staff presentation given at such council meeting, and comments from the public
concerning this ordinance.
C. The City Council finds and determines that this ordinance is necessary to protect the
public peace, health and safety of the City's citizens and residents.
SECTION 2. Environmental Review. The City Council exercises its independent
judgment and finds that this ordinance is not subject to the California Environmental Quality Act
("CEQA") pursuant to CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3: (1)
Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment); and (2) Section 15060(c)(3) (the activity is not a project as
defined in Section 15378), because the subject regulations have no potential for resulting in any
significant physical change to the environment, directly or indirectly.
SECTION 3. Amendment to the RMC. The RMC is amended to add Chapter 10.28 to
read as follows:
Chapter 10.28 — Shared On -Demand Personal Mobility Devices
1110.28.010 — Definitions.
"Shared On -Demand Personal Mobility Devices" shall mean any wheeled device that has
handlebars, and is designed to be either powered by an electric motor or other power source, or to
be powered by human propulsion, that is accessed via an on -demand portal, whether through a
smart -phone, access code, I.D. card, or similar method, and is operated by a private entity that
owns, manages, maintains and insures devices for shared use by members, which are available to
members in unstaffed, self-service locations.
"Shared On -Demand Personal Mobility Device Operator" shall mean an individual or a public,
private, or non-profit entity that manages On -Demand Personal Mobility Device.
10.28.020 — General Prohibition.
A. It shall be unlawful to provide, place or offer for use or to use a Shared On -Demand
Personal Mobility Device, or to operate as a Shared On -Demand Personal Mobility Device
Operator in any street or public right of way, or other public place within the city in which the
public has the right of travel.
B. The police department and any persons authorized by the city and having the duty
to enforce the Rosemead Municipal Code may impound the Shared On -Demand Personal Mobility
Devices of any person or Shared On -Demand Personal Mobility Device Operator who violates the
provisions of this chapter. The impound is subject to an impound fee established by City Council
resolution.
C. The City Manager may promulgate regulations for the notification to the Operator
and return of the Devices to the Operator and as may otherwise be necessary to implement the
purpose of this chapter. Any device not retrieved within 90 days of notice shall be subject to
disposal.
10.28.030 — Violations.
Any violation of this chapter is declared to be a public nuisance and is further subject to
the administrative citation and criminal enforcement provisions of this code."
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase, or portion of this ordinance is, for any reason, held to be unconstitutional or
invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City
Council hereby declares that it would have adopted this ordinance and each section, subsection,
subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be
declared unconstitutional or invalid or ineffective. To this end the provisions of this ordinance are
declared to be severable.
SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this
ordinance and publish in accordance with law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rosemead,
County of Los Angeles of the State of California on this 22nd day of January, 2019.
ATTEST:
Ericka Hernandez, City Clerk
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
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Steven Ly, Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing City Council Ordinance No. 986, was duly regularly introduced and placed upon its
first reading at regular meeting of the City Council on l ltb of December, 2018. That after said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 22nd day
of January, 2019, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Ericka Hernandez, City Clerk