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