Loading...
HomeMy WebLinkAboutOrd 2031 1 ORDINANCE NO. 2031 AN ORDINANCE OF THE CITY OF BURLINGAME ADDING CHAPTER 13.56, “ELECTRIC MICROMOBILITY DEVICES,” TO TITLE 13 OF THE BURLINGAME MUNICIPAL CODE; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15378 AND 15061(b)(3) WHEREAS, the City of Burlingame supports the use of electric micromobility devices as an alternative mode of transportation, but also recognizes that increased usage has created the need to balance safety concerns between device operators and other users of public spaces; and WHEREAS, the California Vehicle Code provides for regulations of human- powered and electric micromobility devices; WHEREAS, the Burlingame Municipal Code regulates the use of manually- powered bicycles and skateboards (BMC Chapters 13.52, 13.54); however currently there are no local regulations addressing the use of the electric micromobility devices; WHEREAS, the City Council of the City of Burlingame wishes to regulate electric micromobility devices in City parks and recreation areas; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 1. Incorporation of Recitals The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. Section 2. Adding Chapter 13.56, “Electric Micromobility Devices,” to Title 13 of the Burlingame Municipal Code Chapter 13.56, “Electric Micromobility Devices,” as described in Exhibit A attached hereto and fully incorporated herein, is hereby added to Title 13 of the Burlingame Municipal Code. Docusign Envelope ID: 295EEB73-5AC5-44EA-99B2-2DC2D43ED523 2 Section 3. CEQA Determination The City Council finds and determines this Ordinance is not a project within the meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. Section 4. Severability If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of Burlingame hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 5. Effective Date This Ordinance shall go into effect 30 days following its adoption. Section 6. Publication The City Clerk is directed to publish this ordinance in a manner required by law. Section 7. Codification Section 2 of this Ordinance shall be codified in the Burlingame Municipal Code. Sections 1, 3, 4, 5, 6, and 7 shall not be so codified . Donna Colson, Mayor Docusign Envelope ID: 295EEB73-5AC5-44EA-99B2-2DC2D43ED523 3 I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on 16th day of September 2024, and adopted thereafter at a regular meeting of the City Council held on the 7th day of October 2024, by the following votes: AYES: COUNCILMEMBERS: BROWNRIGG, COLSON, LEE, PAPPAJOHN, STEVENSON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: ___________________________________ Meaghan Hassel - Shearer, City Clerk Docusign Envelope ID: 295EEB73-5AC5-44EA-99B2-2DC2D43ED523 4 Exhibit A CHAPTER 13.56 ELECTRIC MICROMOBILITY DEVICES Section 13.56.001 Purpose and Intent Section 13.56.002 Definitions Section 13.56.003 Operation of Electric Micromobility Devices Section 13.56.004 Violations Section 13.56.005 Exemptions Section 13.56.001 Purpose and Intent The purpose and intent of this Chapter is to regulate electric micromobility devices within the City of Burlingame. The City supports the use of electric micromobility devices as an alternative mode of transportation. At the same time, the City recognizes the need to balance the use and operation of electric micromobility devices against safety concerns of other users of public spaces. Section 13.56.002 Definitions “Electric Micromobility Device” includes the following, each as defined in the California Vehicle Code, as it may be amended from time to time. a. “Bicycle” has the same meaning as California Vehicle Code Section 231. b. “Code” means the Burlingame Municipal Code. c. “Electric Bicycle” or “E-Bike” has the same meaning as in California Vehicle Code Section 312.5, and includes all classes of Electric Bicycle defined in that section. d. “Electric Personal Assistive Motorized Device” or “EPAMD” has the same meaning as California Vehicle Code Section 313. e. “Electrically Motorized Board” or “Electrically Motorized Skateboard” or “E - Skateboard” has the same meaning as California Vehicle Code Section 313.5. f. “Motorized Scooter” has the same meaning as California Vehicle Code Section 407.5 g. “Operator” means a person who owns, operates and/or controls an Electric Micromobility Device. h. “Park” or “Recreation Area” mean any City-owned or City-operated parks, pools, recreation centers, playgrounds, fields, or open spaces. For purposes of this Chapter Docusign Envelope ID: 295EEB73-5AC5-44EA-99B2-2DC2D43ED523 5 only, all City-owned portions of the San Francisco Bay Trail, as defined by the Metropolitan Transportation Commission (MTC), are not a considered a “Park” or “Recreation Area.” i. “Vehicle” has the same meaning as California Vehicle Code Section 670. Section 13.56.003 Operation of Electric Micromobility Devices a. Prohibition of Electric Micromobility Devices in Designated Areas. i. No person shall operate or ride an Electric Micromobility Device in public areas where Bicycles are prohibited in this Code. ii. No person shall operate or ride an Electric Mobility Device in any Park or Recreation Area. b. Duty to Operate Electric Micromobility Devices with Due Care i. The Operator shall exercise all due care while operating said device and shall reduce the speed of the device, obey all traffic control regulations, and take all other actions relating to the operation of the device as necessary to safeguard the safety of the Operator, passengers, and any other persons or other Vehicles or devices in the immediate area ii. It shall be unlawful to transport a passenger on an Electric Micromobility Device designed for a single person, or to cling to or attach one’s self to an Electric Micromobility Devices with an Operator or rider on board, to any moving vehicle or motorized or non-motorized wheeled device. iii. Operators shall obey all applicable California Vehicle Code and Burlingame Municipal Code provisions. iv. Operators shall allow the inspection of Electric Micromobility Devices upon lawful contact with a peace officer to determine if the rider is legally allowed to operate said device. c. Violations i. In addition to any other penalty authorized by law, violations of this Chapter are subject to citations and penalties as described in Chapter 1.12 of this Code. Furthermore, any violation of this Chapter shall be deemed a public nuisance and may be abated as such by the City, and each such day of violation shall constitute a new and separate offense. d. Exemptions i. Public Agency Personnel. Notwithstanding any other provision of this Chapter, Docusign Envelope ID: 295EEB73-5AC5-44EA-99B2-2DC2D43ED523 6 City and public agency personnel may operate Electric Micromobility Devices at any place in the City in the performance of their duties. ii. Disability. This Chapter does not apply to or otherwise restrict persons with physical disabilities from utilizing Electric Micromobility Devices in accordance with the Americans with Disabilities Act (42 USC Section 12101 et seq.) and Section 36.311 of Title 28 of the Code of Federal Regulations. Docusign Envelope ID: 295EEB73-5AC5-44EA-99B2-2DC2D43ED523