HomeMy WebLinkAbout2/4/2004 - STAFF REPORTS (14) DATE: February 4, 2004
TO: City Council
FROM: Chief of Police
Title 12, Palm Springs Municipal Code, Regulation of Bicycles, Skateboards, Scooters, Roller
Skates, Coasters, Toy Vehicles, Electric Personal Assistive Mobile Devices and Similar
Devices.
RECOMMENDATION:
That the City Council adopt on ordinance amending the Palm Springs Municipal Code to
allow for comprehensive regulation of the use of bicycles, skateboards, scooters, roller
skates, coasters, toy vehicles, electrical personal assistive mobile devices, and similar
devices in the City of Palm Springs.
SUMMARY:
The use of skateboards, scooters, roller skates, coasters, toy vehicles, personal assistive
mobile devices, and similar devices in the downtown, uptown and Business Districts ofthe
City are of public safety concern. The use of said devices in these areas creates the
potential for vehicular, pedestrian and other accidents. The Palm Springs Police
Department recommends that the Palm Springs Municipal Code be amended and modified
so that its police officers have the authority to protect the public.
Additionally, the City Attorney recommends creating a new chapter in the Municipal Code so
that the regulation of the use of these devices in the City is contained in a single chapter of
the Municipal Code.
BACKGROUND:
Recently, the new City Skate Park opened, providing a safe atmosphere for skateboarding.
The use of skateboards and similar devices throughout the City causes the potential for
pedestrian and vehicle accidents, which can be limited through the adoption and
enforcement of ordinances that restrict this activity. Given that skateboarders now have a
safe place to engage in skateboarding activities, the Police Department is requesting that
the City Council adopt ordinances that protect the public throughout the City.
The City currently has Municipal Code Sections that prohibit the use of bicycles on
sidewalks, except for in designated areas, and skateboarding or roller-skating in the area
from Alejo to Raman in the "downtown" section of the city. Recently, persons in the City of
Palm Springs have increased the use of skateboards, roller skates, and similar devices in
the uptown areas of the City, which cause public safety concerns.
Given the pedestrian foot traffic in the downtown section of the City, it is necessary to
prohibit personal assistive mobile devices, and similar devices in the downtown area of the
City. Further, increased pedestrian foot traffic in the "uptown" section of the City, make it
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necessary to prohibit skateboards, scooters, roller skates, coasters, toy vehicles and similar
devices in the "uptown" section of the City.
Further, persons using skateboards, scooters, roller skates, coasters, toy vehicles and
similar devices often fail to yield the right-of-way to pedestrians and attach these devices to
vehicles causing the potential for vehicle and pedestrian accidents.
The proposed ordinances would restrict the use of bicycles, skateboards, scooters, roller
skates, electrical personal assistive mobile devices, and similar devices in the City to protect
the public and users of these devices from being involved in accidents. The ordinance
would also require persons engaged in the business of renting these devices to post copies
of the ordinances informing the public of the limitations on the use of said devices in the City
to help ensure that the public is protected.
The City has authority to regulate the use of said devices to protect the public and Vehicle
Code Section 21282 was specifically enacted to give local authorities the ability to regulate
the time, place, and manner of operation of electric personal assistive devices as defined by
Section 313(a) of the Vehicle Code.
Adoption of the proposed ordinances will allow officers to discouragethe use of said devices
on the sidewalks in front of the retail shops, and the use of said devices in an unsafe
manner. There have been many complaints and requests for assistance by the merchants in
the uptown area as they have had customers complain of being intimidated by
skateboarders and others engaged in similar activities during the First Friday event.
Modification of the ordinance will give officers authority to warn and cite offenders, whereas
now they have no authority to stop the activity.
Exemptions to these sections would apply to 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. 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.
Ga Je" dPn
Chi-eff Police
Approved:-.�— i
City Manager—
Approved:
City Attorney
Attachments:
1. Ordinance ����
f
Proof of Publication r�
In Newspaper
STATE OF CALIFORNIA
County of Riverside
Jacquelin K. Welch says:
1. 1 am a citizen of the United States, a
resident of the City of Desert Not
Springs, County of Riverside, State of
California, and over the age of 18 years,
2. 1 am the Research & Production — - - —--
CITY OF off'V SPRINGS
Assistant of The Public Record, a PROPOSED CR);NPyCE StICI.i
newspaper of general circulation printed TITLE 12
"f he 12 of the Palm Springs Municipal Cade is amerhed
and published in -the City of Palm aco_rglhohl.wit Ischl.n° 12G�G35,^Nh�eiroaronElee-r,e
Springs, County of Riverside, State of anal Da ; , d , a-
ate
Roller Ckata, 12S14090, which dafir',es 9coctaq 1204100,
California. Said The Public Record is a which distinct.Slmlaboard;12 090,which is the regulation oI
y bicycles,snaleboerds, roller skates,scooters,electronic per-
newspaper
of general circulation as that sonal assi.live mobile devices and similar devices,bringing all
of these under one chapter within Ice municipal code,
term is defined in Government Code The l2 of the Palm Springs Municipal Code which includes the
section 6000 its status as such having ! restricted use of roller skates,skateb°ands,scooters,bicycles,
on certain City streets and sidewalks is amended to expand lie
been established by judicial decree of the restricted areas in which these types of personal transportalien
devices are prohibited, currently In the downtown area from
Superior Court of the State of California o1 Ramon Road to Alsip Road,to include the'Uptown'area from
and for the County of Riverside in Ramon Road to Vista Chino Road.
Lille 12 or the Palm Springs Municipal Code is funher amend-
Proceeding No. Indio 49271, dated ed,adding a new Chapter to also regulate the use of Electric
Personal Assishve Mobility Devices, prohibiting the usage
March 31, 1987, entered in Judgment thereof on certain City streets and sidewalks located within the
Book No. 129 page 355, on March 31r downtown area,from Ramon Road to Alelo Road.
p g Exemptions would apply to any device designed,intended and
1987. used solely for the transportation of infants, handicapped or
incapacitated persons or devices designed,intended and used
3. The Public Record is a newspaper of for the transportation of merchandise to and from the place of
general circulation ascertained and purchase and other wheeled devices, when being used for
established in the Cityof Palm Springs in either of these purposes.
g Eminence Introduced on February 4,2004;second reading for
the County of Riverside, State of adoption scheduled February 18,2004
California, Case No. RIC 358286, Filed PATRICIA A.SANDERS
June 8, 2001. Pebmary 10,n,2003 City Clerk
4. The notice, of which the annexed is a
true printed copy, was published in the
newspaper on the following publication
dates to wit:
February 10, 2004
February 17, 2004
1 certify under penalty of perjury that the
above is true and correct.
Dated at Palm Springs, California,
this 17T" day of February 2004. v
Jacquelin K. Welch
Research & Production Assistant
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."
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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.
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(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.
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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
149,
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