BEVERLY
HILLS
AGENDA REPORT
Meeting Date: March 18, 2024Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING CHAPTER 6 (SHARED MOBILITY DEVICES) OF TITLE 7 (TRAFFIC,
PARKING, AND PUBLIC TRANSPORTATION) OF THE BEVERLYHILLS MUNICIPAL CODE TO EXTEND THE PROHIBITION ON
SHARED MOBILITY DEVICES BEING PLACED IN ANY PUBLIC
RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OPERATED IN ANYPUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OR OFFEREDFOR USE ANYWHERE IN THE CITY, AND TO REPEAL THE
SUNSET DATE OF SUCH PROHIBITION
Attachments: 1. Ordinance
RECOMMENDATIONIt is recommended that the City Council move to waive the full reading and adopt the ordinance entitled: “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING CHAPTER 6 (SHARED MOBILITY DEVICES) OF TITLE 7 (TRAFFIC, PARKING, AND
PUBLIC TRANSPORTATION) OF THE BEVERLY HILLS MUNICIPAL CODE TOEXTEND THE PROHIBITION ON SHARED MOBILITY DEVICES BEING PLACED IN
ANY PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OPERATED IN ANY
PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OR OFFERED FOR USE
ANYWHERE IN THE CITY, AND TO REPEAL THE SUNSET DATE OF SUCH PROHIBITION”.INTRODUCTION
At its meeting of March 11, 2024, the City Council conducted a first reading of this ordinance and introduced it.
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Meeting Date: March 18, 2024
DISCUSSION
Operation of shared use mobility devices, such as scooters or bicycles, has been prohibited within the City of Beverly Hills through a series of temporary ordinances since July 2018. The most recent ordinance (Ordinance 20-0-2829), which was approved in November 2020, includes a sunset date provision and is set to expire on April 18, 2024, unless extended by City Council.
This ordinance amends the Beverly Hills Municipal Code to extend the prohibition of shared mobility devices beyond the April 18, 2024 sunset date by repealing the sunsetdate section of the ordinance.
FISCAL IMPACT
There is no significant fiscal impact related to this ordinance.
Laurence S. Wiener
City Attorney
Approved By
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Attachment
1 ORDINANCE NO. 24-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLSAMENDING CHAPTER 6 (SHARED MOBILITY DEVICES) OFTITLE 7 (TRAFFIC, PARKING, AND PUBLICTRANSPORTATION) OF THE BEVERLY HILLS MUNICIPAL
CODE TO EXTEND THE PROHIBITION ON SHAREDMOBILITY DEVICES BEING PLACED IN ANY PUBLICRIGHT-OF-WAY OR ON PUBLIC PROPERTY, OPERATED IN
ANY PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY,OR OFFERED FOR USE ANYWHERE IN THE CITY, AND TO
REPEAL THE SUNSET DATE OF SUCH PROHIBITION
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY DOES ORDAIN AS FOLLOWS:
Section 1. On July 24. 2018, the City Council enacted an urgency ordinance (Ord. 18- 0-2757) prohibiting for six months shared mobility devices from being placed in the public rightof-way or on public property, operated in the public right-of-way or on public property, or offered for use anywhere in the City (referred to herein as “the prohibition”). On December 1 8, 2018, theCity Council enacted an ordinance (Ord. 18-0-2769) extending the prohibition for an additional twelve months until January 17, 2020. On November 19, 2019 the City Council enacted anordinance (Ord. 19-0-2794) extending the prohibition for an additional twelve months until January 10, 2021.
Section 2. On March 15, 2020 the City Manager, acting as the Director of Emergency Services, enacted a local state of emergency related to the coronavirus pandemic. On December 1, 2020 the City Council enacted ordinance 20-0-2829 again extending the shared-mobility prohibition until one year after local state of emergency is ended by the latter date designated by the State of California or the City of Beverly Hills. On April 18, 2023 the City Council adopted -1-
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resolution 23-R-13455 ending the local state of emergency, thus the existing ordinance sunset date is set for April 18, 2024. These extensions of the prohibition were necessary in order to address the serious safety hazards posed by the proliferation of unregulated shared mobility devices being illegally operated on the sidewalk and abandoned haphazardly on public and private property. The City remains open to exploring the feasibility of an alternative regulatory scheme or pilot projectinvolving shared mobility devices. However, there is no pilot project or alternative regulatory scheme yet in place in the City. The City therefore intends to extend the prohibition beyond the April 18, 2024 sunset date by repealing the sunset date section.
Section 3. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The adoption and implementation of the Ordinancewould extend the current prohibition on shared mobility devices being placed in the public rightof-way or on public property, operated in the public right-of-way or on public property, or offeredfor use anywhere in the City. The Ordinance is exempt from the requirements of CEQA becauseit does not qualify as a project under CEQA and pursuant to CEQA Guidelines Section 1506 1(b)(3) because it can be seen with certainty that there is no possibility that continuing its current policyof prohibiting shared mobility devices from being placed in the public right-of-way or on public property, operated in the public right-of-way or on public property, or offered for use anywhere inthe City will have a significant effect on the environment. The Ordinance is additionally exempt from CEQA pursuant to CEQA Guidelines Section 1530 1(c), as it involves no expansion of the use of existing facilities, a category that includes streets and sidewalks. -2-
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Section 4. The City Council ofthe City of Beverly Hills hereby extends the prohibition on shared mobility devices found in Chapter 6 (Shared Mobility Devices) of Title 7 (Traffic, Parking, and Public Transportation) of the Beverly Hills Municipal Code by deleting Section 7-6-5 (Sunset Provision), which is hereby repealed.
Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for anyreason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.
Section 6. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 ofthe Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and this certification, togetherwith proof of publication, to be entered in the Book of Ordinances of the Council of this City.
Section 7. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (3 1st) day after its passage.
Section 8. Certification. The City Clerk shall certify to the adoption of this Ordinance.
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Adopted:
Effective:
JULIAN A. GOLD, M.D.Mayor of the City ofBeverly Hills, California ATTEST:HUMA AHMEDCity Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:LAURENCE S. WIENER NANCY HUNT-COFFEYCity Attorney City Manager -4-
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