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CC SR 20241106 01 - E-Bike Ordinance CITY COUNCIL MEETING DATE: 11/06/2024 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to adopt a Citywide electric bicycle (E-Bike) ordinance. RECOMMENDED CITY COUNCIL ACTION: (1) Introduce Ordinance No. ___, 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 (2) Adopt Resolution No. 2024-____, A RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO PALOS VERDES, CALIFORNIA, ESTABLISHING FINES FOR VIOLATIONS OF RANCHO PALOS VERDES MUNICIPAL CODE SECTION 12.16.020 (MOTOR VEHICLES, MOTORIZED BICYCLES, AND ELECTRIC BICYCLES IN PARKS, PRESERVES, AND RECREATIONAL FACILITIES REGULATED) AND UPDATING THE BAIL SCHEDULE ACCORDINGLY FISCAL IMPACT: There is no fiscal impact associated with adopting an E-Bike ordinance as enforcement will be part of the existing Sheriff’s contract. 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: A. Draft Ordinance No. ______ - Citywide E-Bike Ordinance (page A-1) B. Draft Resolution 2024-___ - Fines for Violations of E-Bike Ordinance (page B-1) C. September 3, 2024 City Council Staff Report 1 01203.0006/1028442.2 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 electric bicycles (E-Bikes) on City streets. Currently, 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 ((RPVMC)). 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. On September 3, 2024, Staff presented to the City Council a status report on the development of a citywide E-Bike ordinance incorporating input from the Traffic Safety Committee (TSC) (Attachment C). The City Council directed Staff to return with a citywide E-Bike ordinance, with review and input from the Youth Advisory Committee (YAC) for future Council consideration. On October 18, 2024, Staff presented the draft E-Bike ordinance including an educational and safety presentation to the YAC. The YAC, via majority vote, recommended to advance an earlier draft of the E-bike ordinance for City Council consideration, which deferred to the California Vehicle Code that governs the use of E-bikes. The current version of the draft ordinance attached to this staff report is largely the same but has evolved to outline in detail the aspects of E-bike operations that are being governed. Separately, the YAC engaged in a robust discussion about the Palos Verdes Peninsula Unified School District (PVPUSD) “E-bike sticker” pilot program at Ridgecrest Intermediate School. The “sticker” program is implemented in partnership with the Sheriff’s Department and requires students to complete an E-bike safety training in order to receive a sticker permitting them to park on school grounds. The YAC recommended that the City partner with the PVPUSD to launch additional “sticker” programs at other schools located in the City as a way to inform students about the ordinance, if it is adopted. Staff is returning to the City Council tonight with a proposed updated ordinance (Attachment A) that clarifies the existing prohibitions relating to the operation of E-bikes in parks and recreational spaces and also adds a new section that regulates their operation on streets and sidewalks. The updated ordinance includes a number of definitions, as well as exceptions for motorized devices used by individuals with disabilities. DISCUSSION: Following are the key provisions of the E-Bike ordinance as they relate specifically to streets and sidewalks: 1. Every motorized device operated at any time from an hour after sunset to an hour before sunrise, and at any other time when there is not sufficient light to render 2 01203.0006/1028442.2 clearly discernable any person or vehicle on the streets or sidewalks, shall be equipped with lights affixed to the front and back of the motorized device, which lights shall be visible for a distance of 300 feet from the motorized device. 2. No person shall operate a 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 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. 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 shall do so in single file. 5. 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. 6. 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 motorized device. 7. No person operating a motorized device shall tow any other vehicle. 8. No person riding or operating a motorized device shall participate in any race or speed contest, unless otherwise permitted by the City. 9. No person riding or operating a motorized device shall perform or attempt to perform any acrobatic, fancy, or stunt riding. 10. Every person operating a motorized device shall obey all traffic laws. 11. 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. 12. 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. 3 01203.0006/1028442.2 13. All operators and passengers under 18 years of age shall wear a helmet properly strapped while riding or operating a motorized device. 14. Bicycles or motorized devices must yield to pedestrians at all times. Additionally, Staff is proposing increasing, via resolution, the civil fines for violations of the ordinance (Attachment B). 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 TSC, which recommended fines similar to those of the City of Manhattan Beach. For comparison purposes, the current civil fines, unless otherwise specified, are as follows (which are lower than the proposed fines): ▪ 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. If the ordinance is adopted this evening, the City would work with the Sheriff’s Department to educate the public about the rules governing the proper operation of E -bikes on City facilities, streets, sidewalks and streets. Staff recommends conducting thi s public engagement in consultation with PVPUSD and YAC to expand its reach to the school - aged population and to also explore the YAC’s recommendation of working with the PVPUSD to implement “sticker” programs in other Rancho Palos Verdes schools. CONCLUSION: To manage the impacts of E-Bikes on the community, Staff recommends that the City Council approve for introduction the attached draft E-Bike ordinance and to adopt the accompanying draft resolution establishing civil fines for violations of the ordinance. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’ consideration: 1. Do not adopt 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. 4 1 ORDINANCE NO. ___ 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 BICYLES 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 Environmental Quality Act (“CEQA”) Guidelines as this ordinance constitutes general policy and procedure making (14 CCR §§ 15060 (c)(3), 15378); alternatively, the code A-1 2 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. Motorized tricycle or motorized quadricycle shall have the same definition as Vehicle Code § 407, including any amendments or successor statutes thereto. A-2 3 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. (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. A-3 4 (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 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 A-4 5 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 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 A-5 6 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. l. 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. 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 A-6 7 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 under 18 years of age 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, 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 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 A-7 8 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, phras es, 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 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 ___ day of ___, 2024. John Cruikshank, Mayor Attest: Teresa Takaoka, 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 Ordinance No. ____was introduced by the City Council of said City at a regular meeting thereof held on ____ 2024, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on ____, 2024, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Teresa Takaoka, City Clerk A-8 01203.0001/1027458.1 RESOLUTION NO. 2024-__ A RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO PALOS VERDES, CALIFORNIA, ESTABLISHING FINES FOR VIOLATIONS OF RANCHO PALOS VERDES MUNICIPAL CODE SECTION 12.16.020 (MOTOR VEHICLES, MOTORIZED BICYCLES, AND ELECTRIC BICYCLES IN PARKS, PRESERVES, AND RECREATIONAL FACILITIES REGULATED) AND UPDATING THE BAIL SCHEDULE ACCORDINGLY WHEREAS, the City of Rancho Palos Verdes is a general law City located in the County of Los Angeles, State of California. WHEREAS, pursuant to the Rancho Palos Verdes Municipal Code (RPVMC), fines are levied as an incident of a voluntary act of an individual or business and not the result of property ownership. WHEREAS, the City is responsible for enforcement of the RPVMC in its entirety . WHEREAS, Section 12.16.020 of the RPVMC regulates the operation of electric and motorized bicycles in parks, the preserve, and city recreational facilities. WHEREAS, added Section 12.16.180 of the RPVMC regulates the operation of electric and motorized bicycles on city streets and sidewalks. WHEREAS, violations of Sections 12.16.020 and 12.16.180 of the RPVMC may be prosecuted as an infraction or administrative citation. WHEREAS, the City Council desires to include fines in the City Bail Schedule specifically related the operation of electric and motorized bicycles, to allow the issuance of higher administrative fines pursuant to Chapter 1.16 of the RPVMC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That the foregoing recitals are true and correct and are incorporated herein by reference. Section 2: Any resolution or ordinance in conflict herewith is superseded and repealed as of the effective date of this resolution. Section 3: The administrative penalty amounts set forth and attached hereto as “Exhibit A” are hereby established for violations of Section 12.16.020 of the RPVMC and added to the City’s Fine Schedule. B-1 01203.0001/1027458.1 Resolution No. 2024-__ Page 2 of 3 Section 4: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity o f the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED this 6th day of November, 2024. ______________________ Mayor Attest: _____________________________ 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, hereby certify that the above Resolution No. 2024-__, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on November 6, 2024 _________________________ City Clerk B-2 01203.0001/1027458.1 Resolution No. 2024-__ Page 3 of 3 EXHIBIT “A” RPVMC Section Description Fine 12.16.020 Operation of motor vehicles, and electric and motorized bicycles in parks, the preserve, and recreational facilities $500 for the first violation; $750 for the second violation $1,000 for the third or subsequent violation 12.16.180 Operation of electric and motorized bicycles on city streets and sidewalks $500 for the first violation; $750 for the second violation $1,000 for the third or subsequent violation B-3