TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Quinn Barrow, City Attorney
George Gabriel, Assistant to the City Manager
SUBJECT:Title
Consideration of:
a) an Urgency Ordinance Amending Various Sections of the Manhattan Beach Municipal Code Relating to Bicycles to Clarify and Establish Safety and Operational Requirements for Electric and Motorized Bicycles; and
b) a Resolution Specifying Fines for Violations of Urgency Ordinance No. 23-0008-U, Starting at $500 for the First Violation (City Attorney Barrow).
A) ADOPT URGENCY ORDINANCE NO. 23-0008-U
B) ADOPT RESOLUTION NO. 23-0120 Specifying Fines for Violations of Urgency Ordinance No. 23-0008-U
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RECOMMENDATION:
Staff recommends that the City Council:
a) adopt Urgency Ordinance No. 23-0008-U to establish safety and operational requirements for electric and motorized bicycles; and
b) consider amending the City’s administrative citation penalty fines resolution for violations of Urgency Ordinance No. 23-0008-U, or any subsequently adopted regulation of bicycles, electric bicycles, or motorized bicycles.
BACKGROUND:
At the May 16, 2023, meeting, City Council directed staff to research and present information related to electric bikes (e-bikes) to include safety, enforcement and education in Manhattan Beach and surrounding cities.
At the last City Council meeting held on August 1, 2023, the Manhattan Beach Police Department (MBPD) provided an e-bike safety update. After public input and Council discussion, the City Council directed staff to:
1. Return to City Council with revisions to the Municipal Code related to electronic bike regulations on an expedited basis; and
2. Provide information regarding the fees the City Council can impose for violations.
DISCUSSION:
Urgency Ordinance No. 23-0008-U
In accordance with Council direction, staff has prepared an urgency ordinance amending the Manhattan Beach Municipal Code to address e-bikes and motorized bicycles. The Code’s current regulations regarding bicycles were adopted in 1961, and most recently amended in 1972. Accordingly, the Code regulations do not address e-bikes or motorized bicycles, and contain archaic, outdated regulations no longer applicable at this time. Due to safety concerns, and deaths and injuries reported in the media, many cities have explored implementing operation standards to regulate e-bikes and motorized bicycles. Due to the recent proliferation of e-bikes, a number of communities have adopted regulations requiring that e-bike riders follow all road rules in California, including but not limited to speed limits, passing other vehicles with precautions, and other safety measures. Based upon regulations adopted in other cities, and with police input, staff has drafted an urgency ordinance which, if adopted by a 4/5 vote of the Council, will go into effect immediately. Staff anticipates coming back with a regular ordinance in the future to address further developments in this area, including, if adopted by the state Legislature, any changes necessitated by Assembly Bill AB-530 Vehicles - electric bicycles, which was introduced in February 2023.
The key provisions of the Urgency Ordinance are:
1. Safety and Operational Standards. Section 3.010.020 in the draft Ordinance states that it shall be unlawful for any person to ride or operate a bicycle, electric bicycle, or motorized bicycle in the City unless the rider of such bicycle, electric bicycle, or motorized bicycle complies with the rules of the road and exercises due care. Proposed MBMC Section contains 20 such rules, including requiring helmets for all riders under 18 years old, brakes, properly affixed trailers and sidecars, lights, riding in marked bike lanes or, on streets without bike lanes, close to the right hand edge of the roadway, stopping for traffic signals, yielding to pedestrians, and other regulations.
Such safety and operational standards may be modified at the time staff proposes a regular ordinance.
2. Locational Restrictions. The draft Ordinance prohibits e-bikes and motorized bicycles from the following locations:
• City sidewalks
• walk streets
• plazas
• grass areas
• lawns
• the Civic Center
• the Los Angeles County Library
• the Metlox property
• the Strand
• parking structures and parking lots owned or operated by the City, County, or State
• Other public property where signs prohibiting such activity are conspicuously posted.
Per the last bullet, locations can be added by posting such locations. Further, locations can be added or deleted at the time the City Council considers a regular ordinance.
3. 20 MPH Speed Limit on Beach Bicycle Path (aka County Bike Path). MBPD recommends that the Council establish a 20 MPH speed limit on the Beach Bike Path, and maintain the current “Walk Only Zone” on both sides of the pier. Currently, MBMC Section 14.28.140 provides that a "Walk Only" zone may be created in other portions of the Bicycle Path, for safety concerns.
Please note that the speed limit for Hermosa’s strand is currently 8 MPH. However, Hermosa does not have a separate bike path, and bikes and pedestrians share the strand. As the Council is aware, no pedestrians are allowed on the Bike Path.
In sum, staff will continue to research new developments in this rapidly-changing environment, and continue to search for sections in other parts of the Municipal Code that may be needed to be raised for internal consistency.
Resolution No. 23-0120 Specifying Fines for Violations of Urgency Ordinance No. 23-0008-U,. Pursuant to Government Code Section 53069.4(a)(1), the City Council adopted Ordinance No. 16-0018, which makes any violation of the Municipal Code or any ordinance enacted by the City subject to an administrative fine or penalty. Concurrently In 2016, the City Council adopted Resolution No. 16-0057, which provides:
“Where the violation would otherwise be a misdemeanor, the administrative fine shall not exceed $1,000.”
Draft Resolution No. 23-0120 provides that all violations would otherwise be a misdemeanor. Accordingly, the proposed fines are: (1) a fine not exceeding $500 for the first violation; (2) a fine not exceeding $750 for the second violation within one year; and (3) a fine not exceeding $1,000 for each additional violation within one year of the first violation.
It should be noted that MBMC Section 1.06.010 defines “Responsible party” as the person responsible, as determined by the Code Enforcement Officer issuing the administrative citation, for committing a violation of the Code.” MBMC Section 1.06.010 further provides that “Responsible party” incudes a minor’s parents: “In the event the person who commits the violation or causes the violating condition is a minor, then the minor's parents or legal guardians shall be deemed the responsible party.” Accordingly, a minor’s parents can be cited for violations of the Ordinance, and are responsible for paying the fine imposed.
CONCLUSION:
Staff recommends that the City Council:
1. Adopt Urgency Ordinance No. 23-0008-U, amending various sections of the Municipal Code to clarify and establish safety and operational requirements for electric and motorized bicycles; and
2. Adopt Resolution No. 23-0120, specifying specific fines for violations of Urgency Ordinance No. 23-0008-U.
LEGAL REVIEW:
The City Attorney has approved the Ordinance as to form.
ATTACHMENTS:
1. Urgency Ordinance No. 23-008-U
2. Resolution No. 23-0120