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ORD 653 ORDINANCE NO. 653 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING SECTION 12.16.020 (MOTORIZED VEHICLES) OF CHAPTER 12.16 (STREETS, PARKS AND RECREATIONAL FACILITIES) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE, TO REGULATE THE OPERATION OF CERTAIN MOTORIZED VEHICLES, AND TO PROHIBIT MOTORIZED BICYCLES AND ELECTRIC BICYCLES IN CITY PARKS, PRESERVE BEACHES, AND RECREATIONAL FACILITIES. WHEREAS, the City of Rancho Palos Verdes has the authority to adopt regulations to further the public health, safety, and welfare, pursuant to its authority under Art. XI, Sec. 7 of the California Constitution; and WHEREAS, the City has entered into a Natural Communities Conservation Plan/Habitat Conservation Plan ("NCCP/HCP") for the purpose of providing comprehensive management and conservation of multiple species, including but not limited to species listed under the federal Endangered Species Act of 1973 within the Palos Verdes Nature Preserve ("Preserve"); and WHEREAS, the NCCP/HCP requires the City to account for and remediate any substantial habitat damage within the Preserve; and WHEREAS, the City Council of the City of Rancho Palos Verdes wishes to clarify such prohibitions and to provide clear enforcement guidance to City personnel, park rangers, and law enforcement; and WHEREAS, the Rancho Palos Verdes Municipal Code currently prohibits parking and operating "motorized vehicles" in parks and recreational facilities except in designated areas, other than authorized park employees or city agents in performance of their duties; and WHEREAS, there has been an increased use of electric bicycles in City parks, Preserve, and recreational facilities; and WHEREAS, California Vehicle Code Section 21207.5 (a) prohibits the use of motorized bicycles or class 3 electric bicycles on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207, equestrian trail, or hiking or recreational trail, unless it iswithin or adjacent to a roadway or unless the City expressly permits it by ordinance; and WHEREAS, California Vehicle Code Section 21207.5 (b) also allows the City to prohibit class 1 and 2 electric bicycles on bicycle paths or trails within the City; and WHEREAS, the use of motor vehicles, motorized bicycles, electric bicycles in City parks, Preserve, and recreational facilities (collectively referred to as City recreational spaces) poses a safety risk to other visitors of these facilities, and such vehicles cause damage to parks and protected habitats; and WHEREAS, the City Council desires to mitigate the impacts of motor vehicles, electric bicycles, and motorized bicycles in City recreational spaces by clarifying the extent of restrictions on their use in City parks, Preserve, and recreational facilities,; and WHEREAS, the California Vehicle Code defines "motor vehicle," "bicycle," "electric bicycle," and "motorized bicycle" or "moped," the incorporation of which into the Rancho Palos Verdes Municipal Code shall serve to eliminate any uncertainty as to what types of vehicles are prohibited from use in City parks and recreational facilities; and WHEREAS, the City Council has determined that it is in the public interest and welfare to adopt this Ordinance in order to clarify restrictions on the use of certain motor vehicles within City parks, Preserve, and recreational facilities and to expressly prohibit the use of electric bicycles and motorized bicycles in these facilities, both to preserve the facilities and to protect the health, safety, and welfare of visitors; and WHEREAS, attempts by the City to curtail the prolific and unlawful use of motor vehicles, electric bicycles, and motorized bicycles within City parks and recreational facilities has been met with resistance by visitors; and WHEREAS, management and enforcement of electric bicycles is challenging due to many factors, including the recent emergence of the sport, the popularity of the sport, and the similarities in appearance between traditional mountain bikes and all three classes of electric bicycles; and WHEREAS, as part of the NCCP/HCP the Public Use Master Plan (PUMP) has been established to balance public access to the Preserve with natural resource protection; and WHEREAS, the PUMP prohibits any activity that would damage the Preserve, including the use of motorized vehicles; and WHEREAS, while the use of electric bicycles is not expressly addressed by the NCCP/HCP and the PUMP, the U.S. Fish and Wildlife Services and the California Department of Fish and Wildlife, as well as the Palos Verdes Peninsula Land Conservancy, deem the use of electric bicycles as incompatible with the purposes of the NCCP/HCP permit; and 01203.0001/747346.1 Ordinance No. 653 Page 2 of 7 WHEREAS, the City wishes to clarify such prohibitions and to provide clear enforcement guidance to City enforcement personnel including Park Rangers; and WHEREAS, the City Council has determined that it is in the public interest and welfare to adopt this Ordinance prohibiting the use of motorized vehicles, with the exception of certain power-driven mobility devices, and electric bicycles in order to provide for an enforcement mechanism that achieves the goals of the PUMP, to preserve and protect endangered species, and to allow for comprehensive management of the parks, Preserve and recreational facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The facts set forth in the Recitals are true and correct, and are incorporated herein by reference. Section 2. Section 12.16.020 (Motorized Vehicles) of Chapter 12.16 (Streets, Parks and Recreational Facilities) of Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced with the following: "12.16.020 - Motor Vehicles, Motorized Bicycles, and Electric Bicycles in a Parks, Preserve, and Recreational Facilities Regulated. A. The purpose of this section is to ensure that City recreational spaces are maintained in good condition and in a manner that protects the health, safety, and welfare of visitors by preventing the use of motor vehicles and electric bikes that pose a risk to } park visitors or damage park property, and allowing access to persons with disabilities. i B. The following definitions shall apply to this section: "City recreational spaces" shall mean and include City parks, the Preserve, beaches, and the City's recreational facilities. "Director" shall mean the Director of Recreation and Parks, and shall include their designee. "Motor vehicle" shall have the same meaning as Section 415 of the California Vehicle Code, including any amendments or successor statutes thereto. "Motorized bicycle" or"moped" shall have the same meaning as Section 406 of the California Vehicle Code, including any amendments or successor statutes thereto. "Electric bicycle" shall have the same meaning as Section 312.5 of the California Vehicle Code, including any amendments or successor statutes thereto. 01203.0001/747346.1 Ordinance No. 653 Page 3 of 7 "OPDMDs" shall mean Other Power-Driven Mobility Devices. "Powered unicycle" shall mean a powered one-wheeled vehicle, either self- propelled or providing partial or full pedaling assistance. Examples of powered unicycles include single wheel skateboards or cycles, and self-balancing one-wheel scooters. "Preserve" shall mean the Palos Verdes Nature Preserve, and shall include any property that may be included in the Preserve following the effective date of this ordinance. C. Other than authorized park employees or city agents in performance of their duties, no person shall park any motor vehicle, electric bicycle, powered unicycle, motorized bicycle, or moped in City recreational spaces, except in designated areas. D. Other than authorized park employees or city agents in performance of their duties, no person shall operate any motor vehicle, electric bicycle, powered unicycle, motorized bicycle, or moped on or over any fire break or any fire protection roads which are posted against public use and provided with locked gates, or operate any motor vehicle, electric bicycle, powered unicycle, motorized bicycle, or moped on or over any riding or hiking trail, including but not limited to, riding and hiking trails within the Palos Verdes Nature Preserve, and any riding and hiking trail established under Article 6 of Chapter 1 of Division 5 of the Public Resources Code of the state of California. E. Other Power-Driven Mobility Devices (OPDMDs). 1. The Americans with Disabilities Act requires that the City make accommodations in its public facilities for the use of OPDMDs. OPDMDs may include motorized wheelchairs and tricycles. 2. OPDMDs that meet the following standards are permitted in City recreational spaces: (a) Size: OPDMDs shall not exceed 36" in width, and 48" in length. (b) Weight: the overall weight of an OPDMD (including user) shall be 550 lbs. (c) Speed: OPDMDs shall not be operated at speeds exceeding 5 mph. (d) Noise: OPDMDs shall not generate noise above 70 decibels. (e) Emissions: OPDMDs shall generate zero emissions. Wheelchairs shall not be scrutinized based on the above, and shall be permitted wherever pedestrians are permitted. 3. Requests for accommodations. Persons who wish to use OPDMDs that do not meet the criteria in (E)(2), above, may request an accommodation from the Director, 01203.0001/747346.1 Ordinance No. 653 Page 4 of 7 who shall issue a decision in writing within 30 days. In determining whether a particular other power-driven mobility device can be allowed in a specific City recreational space as a reasonable modification, the Director shall consider: (a) The type, size, weight, dimensions, and speed of the device; (b) The recreational space's volume of pedestrian traffic (which may vary at different times of the day, week, month, or year); (c) The recreational space's design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, the recreational space's square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user); (d) Whether legitimate safety requirements can be established to permit the safe operation of the OPDMD in the specific recreational space; and (e) Whether the use of the OPDMD creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with applicable land management laws and regulations, including but not limited to the NCCP/HCP. 4. Inquiry into disability or use of OPDMDs. (a) Inquiry about disability. The City shall not ask an individual using a wheelchair or OPDMD questions about the nature and extent of the individual's disability. (b) Inquiry into use of other power-driven mobility device. The City may ask a person using an OPDMD to provide a credible assurance that. the mobility device is required because of the person's disability. The City shall accept the presentation of a valid, State-issued, disability parking placard or card, or other State-issued proof of disability as a credible assurance that the use of the OPDMD is for the individual's mobility disability. In lieu of a valid, State-issued disability parking placard or card, or State-issued proof of disability, the City shall accept as a credible assurance a verbal representation, not contradicted by observable fact, that the OPDMD is being used for a mobility disability. A "valid" disability placard or card is one that is presented by the individual to whom it was issued and is otherwise in compliance with the State of issuance's requirements for disability placards or cards." Section 3. The City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because: (1) it does not constitute a "project" under CEQA Guidelines Section 15378(b)(2) in that it constitutes general policy and procedure making; (2) it does not constitute a "project" under CEQA Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change 01203.0001/747346.1 Ordinance No. 653 Page 5 of 7 to the environment, either directly or indirectly, and (3) in the alternative, it is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result in direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 5. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. Section 5. This Ordinance shall take effect 30 days after its adoption. PASSED, APPROVED and ADOPTED this 16th day of November, 2021. -tlak V' \\ Eric Alegr':, Mayor ATTEST: A eresa a -oka, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF RANCHO PALOS VERDES I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 653 passed first reading on November 2, 2021, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on 01203.0001/747346.1 Ordinance No. 653 Page 6 of 7 November 16, 2021, and that the same was passed and adopted by the following roll call vote: AYES: Bradley, Cruikshank, Dyda,, Ferraro and Mayor Alegria NOES: None ABSENT: None ABSTAIN: None y Clerk 111 I 01203.0001/747346.1 Ordinance No. 653 Page 7 of 7 by Aix CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the City Clerk of the City of Rancho Palos Verdes; That on November 18, 2021, she caused to be posted the following document entitled: ORDINANCE NO. 653, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING SECTION 12.16.020 (MOTORIZED VEHICLES)OF CHAPTER 12.16(STREETS, PARKS AND RECREATIONAL FACILITIES) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES)OF THE RANCHO PALOS VERDES MUNICIPAL CODE, TO REGULATE THE OPERATION OF CERTAIN MOTORIZED VEHICLES, AND TO PROHIBIT MOTORIZED BICYCLES AND ELECTRIC BICYCLES IN CITY PARKS, PRESERVE BEACHES, AND RECREATIONAL FACILITIES.,a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. °E1114°4414Ctri-c