TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Rachel Johnson, Police Chief
Quinn M. Barrow, City Attorney
SUBJECT: Title
Consideration of First Reading of an Ordinance Amending the Manhattan Beach Municipal Code Relating to Bicycles to: (1) Supplement Safety and Operational Requirements for Electric and Motorized Bicycles; and (2) Institute a Juvenile Diversion Program for Juvenile Violators of the Ordinance (No Budget Impact) (Police Chief Johnson).
INTRODUCE ORDINANCE NO. 26-0007
Body
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RECOMMENDATION:
Staff recommends that the City Council introduce Ordinance No. 26-0007 to:
(1) supplement safety and operational requirements for electric and motorized bicycles; and (2) institute a juvenile diversion program for juvenile violators of Chapter 3.01.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with this report.
BACKGROUND:
On September 5, 2023, the City Council adopted Ordinance No. 23-0008-U to supplement safety and operational requirements for electric and motorized bicycles (collectively “E-bikes”). Due to safety concerns and the proliferation of E-bikes in Manhattan Beach, the Manhattan Beach City Council was at the forefront of cities and a pioneer in proactively adopting local regulations to add another tool to protect public safety. Ordinance No. 23-0008-U is codified at Manhattan Beach Municipal Code Chapter 3.01. Based upon, in large part, the public’s interest in the safe operation of E-bikes, Section 3.01.020 contains over 20 safety regulations.
Attached is a list from the Police Department (MBPD) of e-bike incidents since 2020 and enforcement information since the adoption of Ordinance No. 23-0008-U.
In addition, the City Council has: (1) initiated educational programs regarding E-bike safety in coordination with the MBPD and the Manhattan Beach Unified School District (2); engaged in lobbying efforts with State legislators to strengthen State law; (3) conducted a number of public meetings to receive public input on E-bike safety; and (4) directed staff to develop a juvenile diversion program for Council consideration.
After over two years of enforcement of Ordinance No. 23-0008-U, and reviewing a Grand Jury Report from Orange County and ordinances from other cities enacted after Ordinance No. 23-0008-U, MBPD has suggested the following additional safety regulations to protect the public:
1. Prohibiting the use of cellular phones or other devices while riding
2. Prohibiting the use of headphones while riding
3. Expanding the type of behavior that constitutes dangerous riding
4. Modifying Chapter 3.01 to include stop signs within the provision of the Code requiring riders to obey traffic signals.
DISCUSSION:
As noted at the time Ordinance No. 23-0008-U was adopted, the City’s prior regulations regarding bicycles were adopted in 1961 and amended in 1972. Now that the Ordinance has been in effect, staff recommends amending the Municipal Code to enhance safety. In accordance with Council direction, staff has drafted Ordinance No. 26-0007 to amend Manhattan Beach Municipal Code Chapter 3.01 to: (1) update and supplement the Code regulations governing E-bikes and motorized bicycles; and (2) institute a juvenile diversion program for juvenile violators of Chapter 3.01.
The key provisions of the Ordinance are:
1. Prohibiting the use of cellular phones or other devices while riding
2. Prohibiting the use of headphones while riding
3. Expanding the type of behavior that constitutes dangerous riding
4. Including stop signs within the provision of the Code regarding obeying traffic signals
5. Instituting a juvenile diversion program for juvenile violators
6. Codifying penalty provisions for violators.
Existing Chapter 3.01 prohibits several types of dangerous riding, such as prohibiting “any acrobatic, fancy or stunt riding,” or “participating in any race or speed contest.” Upon consultation with MBPD, the proposed ordinance expands the type of behavior that constitutes dangerous riding. Pursuant to Council direction, the ordinance adds a diversion program among the codified penalty provisions. In addition to the proposed codified penalty provisions, it should be noted that State law provides additional tools to the City, such as seeking judicial remedies, criminal or civil, to address any violations of Chapter 3.01, including confiscation pursuant to court order.
CONCLUSION:
Staff recommends that the City Council introduce Ordinance No. 26-0007.
LEGAL REVIEW:
The City Attorney has approved the Ordinance as to form.
ATTACHMENTS:
1. Draft Ordinance No. 26-0007
2. Urgency Ordinance No. 23-0008-U
3. E-Bike Incidents Information