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Home My WebLink About2/18/2004 - STAFF REPORTS (10) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING TITLE 12 OF THE PALM SPRINGS MUNICIPAL CODE, BY AMENDING CHAPTER 04, PERTAINING TO THE DEFINITIONS OF SKATEBOARDS, ROLLER SKATES, SCOOTERS AND ELECTRIC PERSONAL ASSISTIVE MOBILE DEVICES, BY ADDING CHAPTER 12.090, TITLED REGULATION OF BICYCLES, SKATEBOARDS, ROLLER SKATES, SCOOTERS, ELECTRIC PERSONAL ASSISTIVE MOBILE DEVICES AND SIMILAR DEVICES, AND BY REPEALING VARIOUS OTHER SECTIONS CONSITENT THEREWITH THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA HEREBY ORDAINS AS FOLLOWS: SECTION 1. Title 12, Chapter 04, of the Palm Springs Municipal Code is amended by adding Section 12.04.035, which shall read as follows: "12.04 035 Electric Personal Assistive Mobility Devices. 'Electric personal assistive mobility devices' or 'EPAMD' means a self-balancing, nontandem two-wheeled device, that can turn in place, designed to transport only one person, with an electric propulsion system averaging less than 750 watts (1 horsepower), the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is less than 12.5 miles per hour." SECTION 2. Title 12, Chapter 04, of the Palm Springs Municipal Code is amended by adding Section 12.04.093, which shall read as follows: 12.04.093 Roller Skate. 'Roller skate' shall mean any footwear, or device which may be attached to the foot or footwear, to which wheels are attached and such wheels may be used to aid the wearer in moving or propulsion." SECTION 3. Title 12, Chapter 04, of the Palm Springs Municipal Code is amended by adding Section 12.04.096, which shall read as follows: "12.04.096 Scooter. 'Scooter' means a human powered mobile device having 2 (two) or more wheels, a deck to stand on, and handlebars." SECTION 4. An amended Section 12.04.100, shall replace the existing Section 12.04.100, entitled "Skateboard," and shall read as follows: "12.04.100 Skateboard. 'Skateboard' shall mean a board of any material, which has wheels attached to it and which is propelled or moved by human, gravitational, or mechanical power." I ?% SECTION 5. Title 12 of the Palm Springs Municipal Code is amended by adding a new Chapter which Chapter shall read as follows: "Chapter 12.090 REGULATION OF BICYCLES, SKATEBOARDS, ROLLER SKATES, SCOOTERS, ELECTRONIC PERSONAL ASSISTIVE MOBILE DEVICES AND SIMILAR DEVICES" 12.090.010 Bicycles on sidewalk. (a) Unless otherwise expressly allowed by another provision of this title or other applicable law, no person shall ride a bicycle or unicycle within or on any sidewalk area or parkway except at a permanent or temporary driveway. Bicycles and unicycles may be ridden along portions or segments of sidewalks expressly permitted by resolution of the city council, but not until such sidewalk areas have been appropriately designated by the city engineer with signs or markings to give due notice to the pedestrian and the cycling public. (b) No person shall ride, operate or use a bicycle or unicycle on a sidewalk or bikeway in a willful or wanton manner or with disregard for the safety of persons or property. (c) This section shall not apply to bicycles owned by the city of Palm Springs and used for enforcement purposes." 12.090.020 Use of skateboards, scooters, roller skates, and similar devices restricted. (a) It is unlawful for any person riding on a Skateboard, Scooter, Roller Skate, coaster, toy vehicle, or similar device to go upon an open roadway in the City of Palm Springs, or upon the sidewalk or public plaza in any Business District as defined by Section 235 of the California Vehicle Code, or upon any inclined surface area of any parkade where signs forbidding such activity are displayed at the ground level elevator entrance and at each vehicular entrance to the parkade. (b) It is unlawful for any person riding on a Skateboard, Scooter, Roller Skate, coaster, toy vehicle, or similar device to go upon any portion of public or private rights-of-way in the downtown section of the City of Palm Springs in the area betweenthe most northerly sidewalk of Vista Chino Road to the most southerly sidewalk of Ramon Road, and the most easterly sidewalk of Indian Canyon Drive to the most westerly sidewalk of Belardo Road. (c) It is unlawful for any person riding on a Skateboard, Scooter, Roller Skate, coaster, toy vehicle, or similar device on a sidewalk, or public or private right-of-way not open to public vehicular traffic to fail to yield the right of way to pedestrians. (d) It is unlawful for any person riding on a Skateboard, Scooter, Roller Skate, coaster, toy vehicle, or similar device on any sidewalk, public, or private right-of-way not open to public vehicular traffic to travel at a speed which endangers the safety of persons or property." "12.090.030 Use of electric personal assistive mobility devices restricted. (a) It shall be unlawful for any person operating an EPAMD to go upon any portion of any public or private street or sidewalk in the downtown section of the City of Palm Springs in the area between the most northerly sidewalk of Alejo Road to the most southerly sidewalk of Ramon Road, and the most easterly sidewalk of Indian Canyon Drive to the westerly sidewalk of Belardo Road. (b) The term "pedestrian" shall not, for any purposes, be deemed to include an EPAMD.. 1003/001/23405 Q 1 y n ,;,- (c) Any person who violates this ordinance shall be guilty of an infraction and, upon the conviction thereof, shall be punished for the first offense by a warning or a fine of not less than $50 nor more than $100; and for a second or subsequent offense by a fine of not less than $100 nor more than $500. (d) This section shall not apply to members of the Palm Springs Police Department or the Palm Springs Fire Department while engaged in their official duties." "12.090.040 Clinging to motor vehicles. No person riding upon any bicycle, unicycle, motorcycle, Skateboard, Roller Skate, EPAMD, coaster, toy vehicle or similar device shall attach the same or himself or herself to any moving vehicle upon any sidewalk, roadway, private or public right-of way, parkade or parking lot." "12,090.050 Posting required -- Skateboard, roller skate, scooter and electric personal assistive mobility device businesses." (a) Any person who engages in the business of renting bicycles or unicycles within the City of Palm Springs shall keep a copy of Section 12.090.010 posted in a conspicuous place upon the premises where such business is conducted. (b) Any person who engages in the business of renting Skateboards, Roller Skates, Scooters, coasters, toy vehicles, or similar devices within the City of Palm Springs shall keep a copy of Section 12.090.020 posted in a conspicuous place upon the premises where such business is conducted. (c) Any person who engages in the business of renting Electric Personal Assistive Mobility Devices within the City of Palm Springs shall keep a copy of Section 12.090.030 posted in a conspicuous place upon the premises where such business is conducted." "12.090.060 Exemption from the provisions of this chapter. Any device designed, intended, and used solely for the transportation of infants, the handicapped, or incapacitated persons or devices designed, intended, and used for the transportation of merchandise to and from the place of purchase and other wheeled devices, when being used for either of these purposes, shall be exempt from the provisions of this Chapter. Furthermore, the City Council may, by Resolution, suspend the enforcement of the provisions of this Chapter to accommodate special events when so requested by the event organizer." SECTION 6. An amended Section 12.64.040, shall replace the existing Section 12.64.040, entitled "Driving vehicles on sidewalks -- Generally prohibited," and shall read as follows: "12.64.040 Driving vehicles on sidewalks -- Generally prohibited. Unless otherwise expressly allowed by another provision of this title or other applicable law, no person shall drive a vehicle within any sidewalk area or parkway except at a permanent or temporary driveway. This section shall not apply to vehicles owned by the city of Palm Springs and used in the course and scope of official duties." SECTION 7. Title 12, Chapter 64 of the Palm Springs Municipal Code is hereby amended by repealing Sections 12.64.030, 12.64.042, 12.64.100, 12.64.110, and 12.64.111 in there entirety. 1003/001/23405 v2 W SECTION 8. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Palm Springs and shall cause a summary of this Ordinance to be published in accordance with Government Code Section 36933. SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its passage. SECTION 10. FULL FORCE AND EFFECT. Except as set forth herein, the remainder of Title 12, Chapters 12.04 and 12.64 of the Palm Springs Municipal Code shall remain unmodified and in full force and effect. ADOPTED, SIGNED and APPROVED this_day of 2004. MAYOR OF THE CITY OF PALM SPRINGS ATTEST: City Clerk APPROVED AS TO FORM: David Aleshire, City Attorney 10031001/23405 v2