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CC SR 20240903 04 - Draft E-Bike Ordinance CITY COUNCIL MEETING DATE: 09/03/2024 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to provide direction on a Citywide Electric Bicycle (E- Bike) ordinance. RECOMMENDED CITY COUNCIL ACTION: (1) Receive and file a status report on the development of a Citywide E-Bike ordinance; and, (2) If deemed acceptable, direct Staff to return with a draft Citywide E-Bike ordinance, with review and input from the City’s Traffic Safety Committee and Youth Advisory Committee, for future Council consideration. FISCAL IMPACT: none Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Noel Casil, PE, TE, PTOENVC REVIEWED BY: Ramzi Awwad, Public Works Director APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: None BACKGROUND: On June 18, 2023, Mayor Pro Tem Alegria requested a report with recommendations on best management practices and policies for the management and use of E-Bikes on City streets. Staff has since conducted research into E-Bike policies, including collaborating with the South Bay Cities, Peninsula Cities, Palos Verdes Peninsula Unified School District (PVPUSD), and the Lomita Station, that are currently in effect and developed key considerations for City Council discussion. 1 RANCHO PALOS VERDES This report presents pertinent background information and key elements for a future E- Bike ordinance. The information was initially presented to the Traffic Safety Committee (TSC) for input and revision prior to presentation to the City Council for direction. The City Council is being asked to receive an update on the progress made in establishing an E-bike ordinance, and if deemed acceptable, direct Staff to return with a draft ordinance for the Council’s consideration. DISCUSSION: Definition of an E-Bike The California Department of Vehicles (DMV) states that “an Electric Bicycle, also commonly known as an E-Bike, is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts”. Three classes of electric bicycles have been established: • Class 1: A low speed pedal-assisted electric bicycle equipped with a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached. • Class 2: A low speed throttle-assisted electric bicycle equipped with a motor that is used exclusively to propel the bicycle and ceases to provide assistance when a speed of 20 mph is reached. • Class 3: A low speed pedal-assisted electric bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached. The operator of a Class 3 electric bicycle: ▪ Must be 16 years old or older. ▪ Must wear a bicycle safety helmet. ▪ Must not transport passengers. ▪ May ride an electric bicycle in a bicycle lane if authorized by local authority or ordinance. Additionally, all classes must have a capacity of less than 750 watts, and per the California Vehicle Code, must have a label containing the classification number, top assisted speed, and motor wattage of the electric bicycle, printed in Arial font in at least 9-point type. All of these classes are exempt from the motor vehicle financial responsibility, driver’s license, and license plate requirements that apply to vehicles such as cars and motorcycles. There are also two-wheel vehicle variants in the market that resemble E-Bikes but are actually electric motorcycle variants. These electric motorcycle variants do not fall under the defined classes of E-Bikes, and they are not legal for operation on the street by anyone. 2 Existing State E-Bike Regulations California Assembly Bill No. 1096 (AB 1096) California Assembly Bill 1096 (AB 1096) states that E-Bikes have the same legal rights and restrictions as bicyclists in California. This means E-Bike users must follow the same rules of the road as all other cyclists, such as following the speed limit, safely passing other vehicles, and giving the right of way to pedestrians. E -Bike users also are not required to obtain a license plate or possess a driver’s license to use their E-Bike. There are, however, a few nuances for what is legally allowed depending on the type of E-Bike being operated. The most prominent of these are that the minimum age for using a Type 3 E-Bike is 16 years whereas there is no minimum age for Types 1 and 2 E-Bikes; and Type 3 E-Bike users must wear a helmet regardless of age, whereas only teens younger than 18 are required to wear a helmet on Types 1 and 2 E-Bikes. Motor Vehicle Code 21200-21212 MVC 21200-21212 states that bicycle riders have all the rights and are subject to all the responsibilities and duties as drivers of vehicles. California Streets and Highways Code 894 California Streets and Highways Code 894 lays the groundwork for the Department of the California Highway Patrol to develop statewide safety and training programs pertaining to E-Bikes and scooters. Key highlights of the code are as follows: ▪ The Department of the California Highway Patrol shall develop, on or before September 1, 2023, statewide safety and training programs based on evidence-based practices for users of electric bicycles, including, but not limited to, general electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining to electric bicycles. (CHP E-Bike Training Link) ▪ The safety and training programs shall be developed in collaboration with relevant stakeholders. ▪ The safety and training programs shall be posted on the website of the Department of the California Highway Patrol on or before September 1, 2023. (CHP E-Bike Training Link) California Highway Patrol (CHP) Electric Bicycle Safety and Training On August 15, 2022, Governor Gavin Newsom signed Assembly Bill (AB 1946 ) into law. Authored by Assembly Member Tasha Boerner, AB 1946 requires the California Highway Patrol to develop statewide safety and training programs based on evidence -based practices for users of E-Bikes, including, but not limited to, general E-Bike riding safety, emergency maneuver skills, rules of the road, and laws pertaining to E -Bikes. The CHP training link is provided here: CHP E-Bike Training Link. 3 E-Bike Regulatory Activities in South Bay the Beach Cities of Redondo Beach, Hermosa Beach and Manhattan Beach have coordinated to develop similar regulations when it comes to E-bikes. The following is a summary of the Manhattan Beach Ordinance as an example. On September 5, 2023, the Manhattan Beach City Council passed an ordinance establishing a speed limit, safety and operational standards, and location restrictions for bicycles, E-Bikes, and motorized bicycles. The ordinance became effective on September 6 and contains safety rules such as: ▪ Prohibits riding on City sidewalks, plazas, grass areas, the Strand, parking structures owned or operated by the City, County, or State, and Veterans Parkway. ▪ Prohibits riding at speeds over 15 miles per hour on the Marvin Braude Bike Trail (i.e. Beach Bike Path) and maintains the current “Walk Only Zone” on both sides of the pier. ▪ Requires wearing of properly strapped helmets for all riders under 18 years of age. ▪ Requires riders to use bike lanes where possible, and on streets without bike lanes, to ride close to the right curb or edge of roadway. ▪ Requires riders to ride in single file and not more than two abreast. ▪ Prohibits riding on the back of a bicycle or E-Bike without a seat. ▪ Prohibits speeding, racing, or stunt activity. ▪ Reaffirms requirements to yield to pedestrians at all times. Violations of the ordinance are a misdemeanor and include the following fines. If the violation is committed by a minor, the minor’s parents may be cited and fined for violations. ▪ $500 for the first violation; ▪ $750 for the second violation within one year; and ▪ $1,000 for each additional violation within one year of the first violation. Proposed Elements to a Draft Ordinance The City of Rancho Palos Verdes does not have a citywide E-Bike ordinance; however, the City has an existing E-Bike ordinance which only applies to the City’s parks, beaches, recreational facilities, and Palos Verdes Nature Preserve (Section 12.16.020 of the Rancho Palos Verdes Municipal Code). Ordinance 653 was adopted by the City Council on October 19, 2021, and prohibits the operation of e-bikes on riding or hiking trails, or over any fire break or fire protection roads, city parks, beaches and recreational facilities. Staff recommends that the City Council consider key elements of an E-Bike ordinance for streets and sidewalks to address the concerns voiced by Mayor Pro Tem Alegria and the City Council related to E-Bikes. Based on direction form the City Council, Staff may return with a proposed ordinance. The ordinance would be part of RPVMC Title 12 - Streets, Sidewalks, and Public Places. 4 Staff recommends the City Council consider the following key provisions for an E-Bike ordinance on streets and sidewalks: 1. Every bicycle or motorized device operated at any time from a n hour after sunset to an hour before sunrise, and at any other time when there is not sufficient light to render clearly discernable any person or vehicle on the streets or sidewalks, shall be equipped with lights affixed to the front and back of the bicycle or motorized device, which lights shall be visible for a distance of 300 feet from the bicycle or motorized device. 2. No person shall operate a bicycle or motorized device on any sidewalk; provided that minors are under the age of 14 years, exercising due care and giving pedestrians the right of way, such minors may ride and operate their E-Bike upon the sidewalk. 3. Each person operating a bicycle or motorized device on a highway or street shall keep such bicycle or motorized device in marked bike lanes, where available. On streets without bike lanes, the operator shall keep the bicycle or motorized device as close to the right hand curb or edge of the roadway as possible, exercising due care when passing a standing vehicle or one proceeding in the same direction, except when preparing to make a left-hand turn; provided, however, if a highway or street carries traffic in one direction only and has two or more marked traffic lanes, an operator may ride as near the left-hand curb or edge of such roadway as possible, exercising due care when passing a standing vehicle or one proceeding in the same direction. 4. Persons operating bicycles or motorized device in the City shall not ride more than two abreast except on paths or parts of a roadway set aside for the exclusive use of bicycles; and provided, further that minors riding on bicycles on the sidewalk pursuant to subsection (d) shall do so in single file. 5. No person operating a bicycle or motorized device shall cling or attach themselves or their bicycle or motorized device to any other moving vehicle or persons in any other moving vehicle. 6. No person operating a bicycle or motorized device shall transport another person upon the bicycle or motorized device unless such passenger is seated upon a separate seat attached to the bicycle or motorized device. If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle or motorized device . 7. No person operating a bicycle or motorized device shall tow any other vehicle. 8. No person riding or operating a bicycle or motorized device shall participate in any race or speed contest, unless otherwise permitted by the City. 9. No person riding or operating a bicycle or motorized device shall perform or attempt to perform any acrobatic, fancy, or stunt riding. 10. Every person operating a bicycle or motorized device shall obey all traffic laws. 5 11. No person shall park any bicycle or motorized device against windows or parking meters or on a sidewalk such that the bicycle or motorized device obstructs sidewalk accessibility or passage, nor in such manner as to constitute a hazard to pedestrians, traffic, or property. 12. No person shall operate a bicycle or motorized device faster than is reasonable and proper, having due regard for weather, visibility, pedestrian and vehicular traffic, and the surface and width of the road, and in no event at a speed that endangers the safety of any person or property. 13. All operators and passengers under 18 years of age shall wear a helmet properly strapped while riding or operating a bicycle or motorized device. 14. Bicycles or motorized devices must yield to pedestrians at all times. Anyone that violates a provision of the ordinance will be subject to a fine in accordance with the schedule below. Violating each provision shall be considered a separate offence. ▪ $500 for the first violation; ▪ $750 for the second violation within one year; and ▪ $1,000 for each additional violation within one year of the first violation. The above fines are proposed in consultation with the Traffic Safety Committee, which recommended fines similar to those of the City of Manhattan Beach. The recommended fines are more stringent when compared to the fines currently in place for E-Bike violations in parks, preserve, and recreational facilities, which are shown below. Note that this would create a different schedule of fines depending on the location. ▪ A fine not exceeding $100 for a first violation; ▪ A fine not exceeding $200 for a second violation within one year; ▪ A fine not exceeding $500 for each additional violation within one year. Traffic Safety Committee On August 5, 2024, Staff presented information on E-Bike regulations and a draft E-Bike ordinance to the Traffic Safety Committee (TSC) for input to be incorporated into what is presented to the City Council. TSC provided the following key input to Staff: • Obtain input from the Sheriff’s Department as to the feasibility of, at a certain level of violation/citation, the possibility of impoundment so that the parents are required to come get the e-bike. • Set fines at amounts commensurate with the fines in neighboring jurisdictions. • Investigate the possibility of a reduced fine for offenders that complete an E -bike safety training program. • Work with other agencies towards a consistent E-bike sticker program including information on illegal e-motorcycles. • Place E-bike educational material on the City’s website and social media. 6 ADDITIONAL INFORMATION: Coordination Efforts In an effort to coordinate regionally and across multiple agencies, the following key coordination events and activities have been conducted. • On February 21, 2024, the City hosted a South Bay City Mangers Lunch at the Rancho Palos Verdes City Hall Community Room featuring a discussion on E -Bike issues. South Bay city managers and staff provided an update on what their respective cities are doing with regards to E-Bikes. The City of Manhattan Beach presented their experience in developing their E -Bike Ordinance, and RPV Staff reached out for information and research materials. • On March 7, 2024, Staff attended a Redondo Beach Police Department (RBPD) led E-Bike Community Meeting at Anderson Park located within Redondo Beach Council District 5, represented by Councilmember Scott Behrendt, who was in attendance at the meeting. The E-Bike town hall meeting was attended by parents, students, and local residents. • On April 22, 2024, Staff attended a Youth Advisory Committee (YAC) meeting at Ladera Linda Community Center. Staff presented the current status of the E -Bike Ordinance development, and the Los Angeles County Sheriff’s Department (LACSD) presented their E-Bike community outreach program as well. An E -Bike Rodeo, or summit, was suggested as a future event. A YAC E-Bike Ad Hoc subcommittee has been formed to lead and coordinate YAC E-Bike coordination and engagement. YAC is planning an E -Bike Meetup and Rodeo, with a date and location to be determined. The Public Works Department was invited to participate and plans to attend. • On July 24, 2024, Staff participated in a Peninsula-wide E-Bike discussion and coordination meeting. The meeting highlights are as follows: o Participants included all four Palos Verdes Peninsula cities (Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills and Rolling Hills Estates), the South Bay Cities Council of Governments (SBCCOG), Lomita Sheriff’s Station, the Palos Verdes Estates Police Department, and the PVPUSD. o SBCCOG Staff presented a PowerPoint presentation of their E-Bike Safety Program and Roadmap for the South Bay. o Each city provided an update on their E-Bike policies or programs. o RPV provided an update on current efforts in drafting a citywide E -Bike Ordinance that will soon be presented to the Traffic Safety Committee and subsequently to City Council. o Based on the Peninsula city updates, RPV is on track to developing an E-Bike ordinance. o Deputy Clotworthy mentioned pioneering E-Bike sticker program at Ridgecrest Middle School. E-Bike stickers are issued after completing an educational presentation and a five-question exam. 7 o SBCCOG is actively promoting E-Bike Safety Education and Outreach and an E-Bike sticker program. o PVPUSD is willing to partner in the E-Bike education program including at Parent Teacher Association meetings, back to school nights, and Red Ribbon Week, among others. o Future coordination meetings are being contemplated. • On August 14 and 27, 2024, Staff participated in a follow-up Peninsula-wide brainstorming meetings to firm up details for an E-Bike event. An upcoming PVPUSD PTA Council's, Principal's and President's brunch meeting is allotting a time slot at their October 4 meeting for Deputy Clotworthy to give some brief words about E-Bike safety, and hopefully PVEPD and SBCCOG staff will be able to join in. In summary, Staff have learned that various jurisdictions and agencies are at different stages of regulating E-Bikes, with most of them focused on standing up education and training programs. Public Service Announcements (PSAs) The following PSA were developed in conjunction with Lomita Sheriff’s Station and RPVtv: • Slow Down RPV https://youtu.be/PcV8ImteLHg • Heads Up RPV https://youtu.be/Q7ZtMoaqj-A • Pull Over RPV https://youtu.be/NfuiHiRvuhs • E Bike Safety https://youtu.be/obKMgh9tjDo CONCLUSION: To manage the impacts of E-Bikes on the community, Staff recommends that the City Council review the recommended elements to include in a draft ordinance and provide direction to Staff for finalizing the ordinance in continued coordination with the YAC, SBCCOG, and other Palos Verdes Peninsula cities. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the Traffic Safety Committee’s consideration: 1. Do not finalize the E-Bike ordinance and instead continue coordinating with other Peninsula cities and present the ordinance again at a time that other Peninsula cities are presenting ordinances to their City Councils . 2. Take no further action. 8