ORD 689 ORDINANCE NO. 689
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, REPEALING
AND REPLACING RANCHO PALOS VERDES MUNICIPAL
CODE SECTION 12.16.020 (MOTOR VEHICLES AND
ELECTRIC BICYCLES IN PARKS, PRESERVES, AND
RECREATIONAL FACILITIES REGULATED) AND ADDING
SECTION 12.16.180 (OPERATION OF ELECTRIC
BICYCLES ON STREETS AND SIDEWALKS) TO
REGULATE THE USE OF ELECTRIC BICYCLES
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.
WHEREAS, Vehicle Code § 21207.5 authorizes the City to regulate the operation
of electric bicycles on City equestrian trails, or hiking or recreational trails.
WHEREAS, Vehicle Code § 21100(h) authorizes the City to regulate the operation
of bicycles, including electric bicycles on streets and sidewalks.
WHEREAS, Rancho Palos Verdes Municipal Code ("RPVMC") Section 12.16.020
currently provides that "no person shall park any motor vehicle, electric bicycle, powered
unicycle, motorized bicycle, or moped" in parks and recreational areas except designated
areas.
WHEREAS, the City Council of the City of Rancho Palos Verdes finds that there
has been an increased use of electric and motorized bicycles in the public right-of-way
including, but not limited to streets, sidewalks, parks, the Preserve, and recreational
facilities.
WHEREAS, the City Council finds that the City's existing RPVMC provisions on
the use of electric and motorized bicycles need to be updated to address the increase of
use of electric and motorized bicycles.
NOW THEREFORE, the City Council of the City of Rancho Palos Verdes does
ordain as follows:
Section 1. Recitals. The facts set forth in the recitals of this Ordinance are true
and correct and incorporated herein by this reference as though set forth in full.
Section 2. CEQA Compliance. The City Council finds that the code
amendments described below are not a "project" as that term is defined by California
111 Environmental Quality Act ("CEQA") Guidelines as this ordinance constitutes general
policy and procedure making (14 CCR §§ 15060 (c)(3), 15378); alternatively, the code
amendments are exempt from CEQA'S requirements because there is no possibility that
this Ordinance or its implementation would have a significant negative effect on the
environment (14 CCR § 15061 (b)(3)).
Section 3. Section 12.16.020 (Operation of motor vehicles, motorized devices
and OPMDs in parks, preserves, and recreational facilities) of Chapter 12.16 (Streets,
Parks, Preserve and Recreational Facilities) of Title 12 (Streets, Sidewalks and Public
Places) of the RPVMC is repealed and replaced with the following:
12.16.020. Operation of motor vehicles and electric bicycles in parks, preserves, and
recreational facilities.
A. The purpose of this section is to ensure that city recreational spaces and other
specified city properties are maintained in good condition and in a manner that
protects the health, safety, and welfare of visitors by preventing the use of vehicles
and electric bicycles that pose a risk to park visitors or damage park property, while
allowing access to persons with disabilities. Nothing in this section is intended to
supersede, duplicate, or conflict with Article 4 (Operation of Bicycles) of Chapter 1 of
Division 11 of the Vehicle Code, codified as Section 21200 et seq., of the Vehicle
Code, including any amendments or successor statutes thereto.
B. Definitions. The following words and phrases shall have the following meanings in
this section and section 12.16.190, unless the context clearly indicates otherwise:
City agents shall mean and include emergency and law enforcement personnel and
any City consultant or contractor under contract with the City.
City recreational spaces means and includes: riding or hiking trails, including, but not
limited to, riding and hiking trails within the Preserve or any other open space reserve,
and any riding and hiking trail established under article 6 of chapter 1 of division 5 of the
Public Resources Code (Public Resources § 5070 et seq.); city parks; beaches; and the
city's recreational facilities. City recreational spaces shall include any parking lot or
parking structure associated therewith.
Director means the director of recreation and parks and shall include their designee.
Electric bicycle shall have the same meaning as Vehicle Code § 312.5, including any
amendments or successor statutes thereto. An electric bicycle is a bicycle in accordance
with Section 231 of the Vehicle Code, including any amendments or successor statutes
thereto.
Motor vehicle shall have the same meaning as Vehicle Code § 415, including any
amendments or successor statutes thereto.
Motorized bicycle or moped shall have the same meaning as Vehicle Code § 406,
including any amendments or successor statutes thereto.
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Motorized tricycle or motorized quadricycle shall have the same definition as Vehicle
Code § 407, including any amendments or successor statutes thereto.
OPDMDs means "other power-driven mobility devices" such as motorized
wheelchairs, tricycles, or quadricycles.
Motorized devices include but are not limited to electric bicycles, motorized tricycles
or quadricycles, motorized bicycles or mopeds, motorized unicycles, people movers,
hover boards, or scooters. Motorized devices do not include motor vehicles and
OPDMDs.
Operator means a person who owns, operates, and/or controls a bicycle or motorized
device.
Vehicle has the same meaning as set forth in California Vehicle Code Section 670,
including any amendments or successor statutes thereto.
Powered unicycle means 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 means the Palos Verdes Nature Preserve and shall include any property
that may be included in the Preserve following the effective date of the ordinance.
Trailer, Sidecar, or Similar Device has the same meaning as set forth in California
Vehicle Code Section 467.5(b), including any amendments or successor statutes thereto.
C. Motor vehicles and motorized devices in recreational spaces.
1. Other than authorized City employees or City agents in the performance of
their duties, no person shall park any motor vehicle or motorized device in city
recreational spaces, except in designated areas.
2. Other than authorized City employees or City agents in the performance of
their duties, no person shall operate any motor vehicle or motorized device 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 or motorized device
on or over any City recreational spaces.
D. OPDMDs; Americans with Disabilities Act.
1. The Americans with Disabilities Act requires that the city make accommodations
in its public facilities for the use of OPDMDs by individuals with mobility
limitations.
2. OPDMDs (other than motorized wheelchairs) that meet the following standards
are exempted from subsection (C), above:
(a) Size: not exceeding 36 inches in width and 48 inches in length.
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(b) Weight: the overall weight of an OPDMD (including user) shall not exceed
550 pounds.
(c) Speed: OPDMDs shall not be operated at speeds exceeding five miles per
hour.
(d) Noise: OPDMDs shall not generate noise above 70 decibels.
(e) Emissions: OPDMDs shall generate zero emissions.
3. Motorized wheelchairs shall not be required to meet the standards of subsection
(D)(1), above, and shall be permitted wherever pedestrians are permitted.
4. Requests for accommodations. Persons who wish to use motorized devices or
OPDMDs that do not meet the criteria in subsection (D)(2) of this section in any
recreational space may request an accommodation from the director, 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 accommodation, 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 or motorized device in the specific
recreational space; and
(e) Whether the use of the OPDMD or motorized device 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 or motorized device as a reasonable
accommodation.
(a) Inquiry into disability. The city shall not ask an individual using an OPDMD
or other mobility device 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 any other motorized device (other than a motorized
wheelchair) to provide a credible assurance that the device is required
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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 device is for
the individual's 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. 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 or letter from a medical doctor, not
contradicted by observable fact, that the device is being used for a mobility
disability.
E. Penalty for Violation
A violation of this section may be prosecuted as an infraction or administrative
citation, pursuant to Chapters 1.08 and 1.16 of this Code.
Section 4. Section 12.16.180 (Operation of electric bicycles on streets and
sidewalks) of Chapter 12.16 (Streets, Parks, Preserve and Recreational Facilities) of Title
12 of the Rancho Palos Verdes Municipal Code is added to read:
12.16.180. Operation of electric bicycles on streets and sidewalks.
A. Purpose.
The purpose of this section is to ensure that motorized devices, including electric bicycles,
are operated safely throughout the City of Rancho Palos Verdes.
B. Definitions.
The definitions in Section 12.16.020 shall apply.
C. Use of motorized devices on city streets and sidewalks.
1. It shall be unlawful for any person to ride or operate a motorized device on
City streets unless such motorized device complies with all of the following
requirements:
a. Every motorized device shall be equipped with a brake adequate to
skid the front or rear tire of the bicycle upon application of the brake.
b. Every motorized device equipped with a trailer, sidecar, or similar
device must have the device securely attached to the bicycle or motorized
device.
c. Every motorized device operated at any time from a half hour after
sunset to a half hour before sunrise, and at any other time when there is not
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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.
d. Each person operating a motorized device on a highway or street
shall keep such motorized device in marked bike lanes, where available. On
streets without bike lanes, the operator shall keep the 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.
e. Persons operating 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.
f. No person operating a motorized device shall cling or attach
themselves or their motorized device to any other moving vehicle or persons in
any other moving vehicle.
g. No person operating a motorized device shall transport another
person upon the motorized device unless such passenger is seated upon a
separate seat attached to the 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.
h. No person operating a motorized device shall tow any other vehicle.
i. No person riding or operating a motorized device shall participate in
any race or speed contest, unless otherwise permitted by the City.
j. No person riding or operating a motorized device shall perform or
attempt to perform any acrobatic, or stunt riding.
k. Every person operating a motorized device shall obey all traffic laws.
/. No person shall park any motorized device against windows or
parking meters or on a sidewalk such that the motorized device obstructs
sidewalk accessibility or passage, nor in such manner as to constitute a hazard
to pedestrians, traffic, or property.
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m. No person shall operate a 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.
n. No person shall operate a motorized device upon any playground,
park, or school ground where children are playing.
o. The operator of any motorized device involved in an accident shall
take reasonable steps to ascertain whether or not anyone was injured, and
shall give their name, address, insurance, and the license number of their
bicycle or motorized device to the person with whom they were in collision and
obtain the same information from that person. It shall be the duty of the operator
to make a written report of any accident resulting in death or injury to the Police
Department within 24 hours of such accident.
p. It shall be unlawful for any person to operate a motorized device
while under the influence of an alcoholic beverage and/or any drug.
q. All operators and passengers shall wear a helmet properly strapped
while riding or operating a motorized device.
r. Motorized devices must yield to pedestrians at all times.
D. No person shall operate a motorized device on any of the following:
1. City sidewalks (except for children up to 14 years old), the beach, walk
streets, and parking structures and parking lots owned or operated by the City, County of
Los Angeles, or the State of California.
2. Other public property where signs prohibiting such activity are posted.
3. Parks, preserves, and recreational facilities, as provided by Section
12.16.020, including any amendments or successor ordinances thereto.
E. Exceptions.
This section is not intended to apply to or otherwise restrict motorized devices
operated by any City employee or officer while on duty, or as utilized in a safe manner by
physically disabled persons as defined under the Americans with Disabilities Act (42
U.S.C. Section 12101 et seq.), as more particularly described in Section 12.16.020(D),
including any amendments or successor ordinances thereto.
F. Penalty for Violation
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A violation of this section shall be punished as an infraction or administrative
citation, pursuant to Chapters 1.08 and 1.16 of this Code; provided that, a violation of
Subsection (C) may only be punished by administrative citation, pursuant to Chapter 1.16
of this Code.
Section 5. The Code Amendment is consistent with the goals, policies, and
objectives of the Circulation Element of the General Plan because the Code Amendment
presents a plan to ensure that utilities and transportation, including public transportation
services, are constantly available to permit orderly growth and to promote the public
health, safety, and welfare. And the Code Amendment facilitates the mobility of residents
through an adequate public transportation system with consideration of the City's
demographics
Section 6. Severability. If any provision(s) of this Ordinance or the application
thereof to any person or circumstances is held invalid or unconstitutional by any court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect any other
provision or application, and to this end the provisions of this ordinance are declared to
be severable. The City Council hereby declares that they would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections, subsections, clauses, phrases,
parts or portions thereof be declared invalid or unconstitutional.
Section 7. Posting. The City Clerk shall certify the passage and adoption of this
Ordinance by the City Council and shall cause this ordinance to be published or posted
111
in accordance with Government Code section 36933 as required by law.
Section 8. Effective Date. This Ordinance shall go into effect at 12:01 AM on the
31st day after its passage.
PASSED, APPROVED and ADOPTED on this 19th day of November 2024.
jaH
J. -'n ikshank, Mayor
Attest
'kaki.
i
eres• akaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
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
111
Ordinance No. 689
Page 8 of 9
Ordinance No. 689 was introduced by the City Council of said City at a regular meeting
thereof held on November 6, 2024, was duly and regularly adopted by the City Council of
said City at a regular meeting thereof held on November 19, 2024, and that the same was
passed and adopted by the following roll call vote:
AYES: Alegria, Bradley, Ferraro, Seo and Mayor Cruikshank
NOES: None
ABSENT: None
ABSTAIN: None
6111. --le&,*-,_______.
eres akaoka, City Clerk
I
Ordinance No.689
Page 9 of 9
CITY OF RA' CHo PALOS
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 20, 2024, she caused to be posted the
following document entitled: ORDINANCE NO. 689, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, REPEALING AND
REPLACING RANCHO PALOS VERDES MUNICIPAL CODE
SECTION 12.16.020 (MOTOR VEHICLES AND ELECTRIC
BICYCLES IN PARKS, PRESERVES, AND RECREATIONAL
FACILITIES REGULATED)AND ADDING SECTION 12.16.180
(OPERATION OF ELECTRIC BICYCLES ON STREETS AND
SIDEWALKS) TO REGULATE THE USE OF ELECTRIC
BICYCLES, a copy of which is attached hereto, in the following
locations:
City Hall Ladera Linda Community Park
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.
4ecte-10_
Cit Clerk
Y