Chapter 10.35


10.35.010    Authority.

10.35.020    Findings and purpose.

10.35.030    Definitions.

10.35.040    SAT permit required.

10.35.050    Designated parking areas.

10.35.060    Fee authority.

10.35.010 Authority.

This chapter is enacted pursuant to Cal. Gov’t Code § 38775, which authorizes cities to regulate encroachments in the public right-of-way, as well as Cal. Veh. Code §§ 21210 and 21225, which authorize local regulation of bicycle and motorized scooter parking. (Ord. 25-2018 § 1, 12-4-18.)

10.35.020 Findings and purpose.

In enacting this chapter, the city council hereby finds that shared active transportation programs have a potential to promote sustainable and alternative transportation practices, alleviate traffic congestion, and improve traffic and parking circulation. This chapter is intended to facilitate the creation of shared active transportation programs while also avoiding potential negative impacts of such programs on the health, safety, and welfare of the general public. (Ord. 25-2018 § 1, 12-4-18.)

10.35.030 Definitions.

Solely for purposes of this chapter, the following words and phrases shall have the following meanings, unless otherwise apparent from the context:

“Bicycle” means a device upon which a person may ride, propelled by human power through a belt, chain, or gears, and having one or more wheels. Bicycles other than electric bicycles are propelled exclusively by human power.

“Electric bicycle” means a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts.

“Fleet” means an inventory of two or more vehicles.

“Motorized scooter” means a two-wheeled device that has handlebars and a floorboard that is designed to be stood upon while riding. Motorized scooters typically are powered by electrical motors, but may also be powered by sources other than electrical power, as described in Cal. Veh. Code § 407.5.

“Public works director” means the city’s director of public works, his or her designee, or such other official designated by the city council to perform the duties of the public works director under this chapter.

“Shared active transportation program,” or “SAT program,” means a program whereby an individual, company, or other entity owning or controlling a fleet of SAT vehicles distributes those vehicles to unmanned locations within a jurisdiction, including by deploying them within the public right-of-way, for use by members, subscribers, customers, or the general public. Vehicles forming part of a SAT fleet frequently are parked either in special docks or in dockless parking spaces, with the assistance of geofencing technology.

“SAT permit” means a permit authorizing the operator of a SAT program to park, cause to park, or allow the parking of, SAT vehicles in the public right-of-way.

“SAT vehicle” means a bicycle, electric bicycle, or motorized scooter that is part of a SAT program. (Ord. 25-2018 § 1, 12-4-18.)

10.35.040 SAT permit required.

(a)    No person shall operate a SAT program within any public right-of-way within the city without a SAT permit issued by the public works director, and any such permit may be subject to reasonable conditions. Insofar as the operation of a SAT program constitutes or causes any encroachment in a public right-of-way, persons subject to this section shall not also be subject to Chapter 12.05.

(b)    For a one-year pilot period following the effective date of the ordinance enacting this chapter, the public works director may enter into a service agreement with a SAT program operator to make SAT vehicles available for use by the public throughout the city. This agreement shall operate as a SAT permit, which may be the exclusive SAT permit issued by the public works director during the one-year pilot period. The purpose of the one-year pilot period is to provide city staff with information about the effective operation of SAT programs.

(c)    Prior to the end of the pilot period described in subsection (b) of this section, the public works director shall propose, and the city council may adopt by resolution, regulations governing SAT programs. These regulations should:

(1)    Regulate the operation of SAT programs and SAT vehicles;

(2)    Prescribe where and how SAT vehicles shall be parked or otherwise stored;

(3)    Describe the process for applying for a SAT permit;

(4)    Describe the process for appealing a denial of a permit;

(5)    Place limits on the total number of SAT permits that the public works director may issue;

(6)    Specify penalties consistent with this chapter for violation of the regulations;

(7)    Describe the process for revoking a permit for serious or repeated noncompliance with the regulations; and

(8)    Specify any authority of the city manager to approve minor amendments to the regulations without further action by the city council.

(d)    The operation of a SAT program in violation of this chapter or any regulation promulgated hereunder is hereby declared to be a nuisance, and the public works director and police chief, or their designees, are hereby designated as enforcement officers for purposes of abating any such nuisance. Each violation of this section shall additionally constitute a separate infraction for each day that the violation occurs and for each SAT vehicle to which the violation pertains, and remedies available for any such violation shall be cumulative. (Ord. 25-2018 § 1, 12-4-18.)

10.35.050 Designated parking areas.

(a)    The public works director may designate areas within the public right-of-way which may be used exclusively for the parking of SAT vehicles in connection with permitted SAT programs. Such areas shall be marked with appropriate signage or pavement markings, pursuant to Cal. Veh. Code § 21210. Where more than one SAT program is operating within the city under a valid SAT permit, the public works director may limit the use of a particular area designated under this section to a single SAT program operator if the public works director finds that doing so is in the public interest, and that SAT program operators operating within the city under permit will nonetheless be treated in a manner that is substantially fair considering the totality of all circumstances.

(b)    The public works director is hereby authorized to execute agreements and other approvals necessary for the city to install pavement markings, signage, docking stations, or similar facilities on private property for the parking of SAT vehicles deployed under SAT permits; provided, that: (1) the work is funded entirely by grant, by the property owner, by one or more SAT operators, or through the collection of fees pursuant to Section 10.35.060; (2) the city attorney approves any such agreement or other approval as to form; and (3) the risk manager determines that the city is adequately indemnified by a third party to cover any associated risk of liability. (Ord. 25-2018 § 1, 12-4-18.)

10.35.060 Fee authority.

(a)    The city council may adopt by resolution a fee due and payable before an application for a SAT permit shall be processed, which shall be reasonably related to the cost of application processing.

(b)    The city council may adopt by resolution a fee due and payable as a condition of approval of a SAT permit or any periodic renewal thereof, which shall be collected on a per-vehicle basis or other reasonable basis, and which shall be reasonably related to the cost to the city of administering its SAT program.

(c)    Fees under this section shall not apply to any permit issued under Section 10.35.040(b). (Ord. 25-2018 § 1, 12-4-18.)