Attachment 1
ORDINANCE NO. 2024-09
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CORONADO, CALIFORNIA, AMENDING
SECTION 56.02.020 RELATING TO DEFINITIONS
OF MOTORIZED MOBILITY DEVICES, AMENDING
SECTION 56.08.060 RELATED TO ELECTRIC
BICYCLES, AND ADDING SECTIONS 56.18.050
AND 56.18.060 TO THE CORONADO MUNICIPAL
CODE RELATED TO MOTORIZED MOBILITY
DEVICES AND ADOPTION OF AN ELECTRIC
BICYCLE SAFETY PILOT PROGRAM
WHEREAS, California Vehicle Code sections 231, 21100, 21206, and 21207.5 allow cities to enact ordinances regulating the parking and operation of electric bicycles, as defined in California Vehicle Code sections 231 and 312.5, on pedestrian facilities, bicycle facilities, and equestrian, hiking, and recreational trails; and
WHEREAS, California Vehicle Code section 21282 allows cities to enact ordinances regulating the time, place, and manner of the operation of electric personal assistive mobility devices, as defined in California Vehicle Code section 313, for the purpose of assuring the safety of pedestrians, including seniors, persons with disabilities, and others using sidewalks, bicycle paths, pathways, trails, bicycle lanes, streets, roads, and highways; and WHEREAS, California Vehicle Code section 21100 allows cities to enact ordinances regulating the operation of electrically motorized boards, as defined in California Vehicle Code section 313.5, so long as such regulations do not duplicate or conflict with California Vehicle Code regulations of electrically motorized boards at California Vehicle Code sections 21290 through 21296; and
WHEREAS, California Vehicle Code Section 21225 allows cities to enact ordinances to regulate the registration of motorized scooters, as defined in California Vehicle Code section 407.5, and the parking and operation of motorized scooters on pedestrian or bicycle facilities and local city streets and highways, if that regulation is not in conflict with the California Vehicle Code; and
WHEREAS, California Vehicle Code Section 21266 allows cities to enact ordinances to restrict or prohibit the use of low-speed vehicles, as defined in California Vehicle Code section 385.5, and may prohibit operation of low-speed vehicles in the roadway when acting as the primary traffic enforcement agency and the City deems the prohibition to be in the best interest of public safety; and
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WHEREAS, the City Council of the City of Coronado (“City Council”) intends to promote the safety of persons using electric bicycles, electric personal assistive mobility devices, electrically motorized boards, motorized scooters, and other similar vehicles (defined herein as “Motorized Mobility Devices”) while maximizing recreational opportunities and fully exempting disabled persons operating electric mobility devices from the proposed regulations; and
WHEREAS, the City Council has determined that the proposed regulations represent reasonable measures and enforcement mechanisms that can be implemented to promote the safe and efficient use of selected sidewalks, bicycle paths, pathways, trails, and bicycle lanes in the City; and
WHEREAS, the City Council made this determination after considering the probability and gravity of potential injuries to persons and property against the practicability and cost of implementing measures that would protect against the risk of such injuries; and WHEREAS, the City Council directed City staff to implement the provisions of California Vehicle Code section 21214.7, which authorizes local governments in San Diego County to adopt pilot program ordinances prohibiting children under 12 years of age from operating Class 1 or Class 2 electric bicycles, as defined in California Vehicle Code section 312.5, subject to certain requirements; and
WHEREAS, the City Council directed City staff to consult with the Coronado Unified School District regarding the possibility of operating an electric bicycle safety education program for students; and
WHEREAS, the City Council directed City staff to incorporate the recommendations provided by the City’s E-Bike Task Force at their October 15, 2024 City Council meeting into the new Motorized Mobility Device amendments, with the exception of fine increases; and WHEREAS, the Motorized Mobility Device amendments are exempt from environmental review under the California Environmental Quality Act because they are regulatory and enforcement measures that will not result in any direct or indirect physical impacts on the environment, and which are further exempted from review under the California Environmental Quality per California Code of Regulations, title 14, section 15321, which exempts enforcement of laws, general rules, standards, and objectives administered or adopted by the agency from environmental review.
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NOW THEREFORE, the City Council of the City of Coronado, California, DOES HEREBY ORDAIN as follows:
SECTION 1.
All of the above statements are true and incorporated herein.
SECTION 2.
Title 56, Chapter 56.02, Section 56.02.020, of Coronado Municipal Code is hereby amended to read as follows (underlines are additions and strikeouts are deletions):
The following words and phrases when used herein shall have the meanings respectively described to them. These definitions are supplementary to those contained in this code.
A. “Curb” means the lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked. The word “curb” as used herein shall not include the line dividing the roadway of a street from parking stripes in the center of a street, nor the rights-of-way of public utility companies.
B. “Electric Bicycle” has the same meaning as in California Vehicle Code sections 231 and 312.5, as they may be amended from time to time.
C. “Electric personal assistive mobility devices” has the same meaning as in California Vehicle Code section 313, as may be amended from time to time, and in Coronado Municipal Code section 56.90.020(B), as may be amended from time to time.
D. “Electrically motorized boards” has the same meaning as in California Vehicle Code section 313.5, as may be amended from time to time.
E. B. “Island” means a raised curbed area, or an area delineated by painted pavement markings, located in the roadway and separating opposing or conflicting streams of traffic.
F. C. “Loading zone” means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
G. “Low-speed vehicle” has the same meaning as in California Vehicle Code section 385.5, as may be amended from time to time.
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H. “Motorized Mobility Device” means an electric bicycle, an electric personal assistive mobility device, an electrically motorized board, a motorized scooter, a low-speed vehicle, all as defined herein, and any other similar vehicle. A “motorized mobility device” does not include any mobility devices operated by any disabled persons for mobility or similar uses.
I. “Motorized scooter” has the same meaning as in California Vehicle Code 407.5, as may be amended from time to time.
J. D. Official Time. Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this City.
K. E. “Parking meter” means a mechanical device installed immediately adjacent to a parking space for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle.
L. F. “Passenger loading zone” means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
M. G. “Police officer” means every officer of the Police Department of this City or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
N. H. “Skateboard” means a board with a skate, or skates, attached thereto; foot propelled without steering apparatus.
O. I. “Vehicle Code” means the Vehicle Code of the State of California.
Title 56, Chapter 56.08, Section 56.08.060, of Coronado Municipal Code is hereby amended to read as follows (underlines are additions and strikeouts are deletions):
It is unlawful for any person to use a bicycle or an Electric Bicycle in and upon any street, alley, park or other public place in the City or upon any path or lane set aside for the exclusive use of bicycles within the City, or within any streets, alleys, parks or other public place in the City or upon any paths or lanes where Electric Bicycle use is authorized, without complying in all respects with the terms and provisions of this chapter and the following provisions of the Vehicle Code:
A. Vehicle Code § 21201(a);
B. Vehicle Code § 21201(b);
C. Vehicle Code § 21201(c);
D. Vehicle Code § 21201(d)(1)-(4);
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E. Vehicle Code § 21201.3(b);
F. Vehicle Code § 21202(a);
G. Vehicle Code § 21203;
H. Vehicle Code § 21204(a);
I. Vehicle Code § 21204(b);
J. Vehicle Code § 21205;
K. Vehicle Code § 21208(a);
L. Vehicle Code § 21208(b);
M. Vehicle Code § 21210;
N. Vehicle Code § 21211(a);
O. Vehicle Code § 21211(b);
P. Vehicle Code § 21212(a)
Q. Vehicle Code § 21453(a);
R. Vehicle Code § 21453(b);
S. Vehicle Code § 21453(c);
T. Vehicle Code § 21650;
U. Vehicle Code § 21800(a);
V. Vehicle Code § 21801(a);
W. Vehicle Code § 21801(b);
X. Vehicle Code § 21802(a);
Y. Vehicle Code § 21802(b);
Z. Vehicle Code § 21803(a);
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AA. Vehicle Code § 21803(b);
BB. Vehicle Code § 21804(a);
CC. Vehicle Code § 21804(b);
DD. Vehicle Code § 21806(a)(1);
EE. Vehicle Code § 21950(a);
FF. Vehicle Code § 21950(c);
GG. Vehicle Code § 21951;
HH. Vehicle Code § 22107;
II. Vehicle Code § 22108;
JJ. Vehicle Code § 22109;
KK. Vehicle Code § 22450(a); and
LL. Vehicle Code § 27400. (Ord. 2065 § 1, 2017)
Title 56, Chapter 56.18, Section 56.18.050, of Coronado Municipal Code is hereby added to read as follows (underlines are additions and strikeouts are deletions):
56.18.050 Motorized Mobility Devices
A. Purpose. The City hereby adopts this Motorized Mobility Device Ordinance to promote the safety of persons using electric bicycles, electric personal assistive mobility devices, electrically motorized boards, motorized scooters, low-speed vehicles, and other similar vehicles, all defined as “Motorized Mobility Devices” herein and at Section 56.02.020, while maximizing recreational opportunities and fully exempting disabled persons operating electric mobility devices from these requirements.
B. Prohibition on Operation of Motorized Mobility Devices. It is prohibited to operate or ride on a Motorized Mobility Device in the following areas of the City. Operators and riders must dismount and walk their Motorized Mobility Devices within these areas, or operate or ride them on adjacent or nearby roadways:
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1. All City sidewalks.
2. The Paseo at the Hotel del Coronado, from Avenida Del Sol north to RH Dana Place.
3. The Boardwalk at Coronado Shores, from Avenida Lunar north to Avenida Del Sol.
4. The Promenade along the Glorietta Bay Marina, from Glorietta Bay Park north to the intersection of Strand Way, Orange Avenue, and Avenida Del Sol.
C. Exemptions. The following persons are exempted from the provisions of this Section:
1. Disabled Persons. Disabled persons operating a Motorized Mobility Device or other similar motorized or nonmotorized mobility assistance device for mobility or similar purposes shall be fully exempt from the requirements and prohibitions in this Section.
2. Public Agency Personnel. Public agency personnel operating or riding a Motorized Mobility Device or other similar motorized or nonmotorized mobility device as part of and within the scope of their official duties are exempt from the requirements and prohibitions in this Section.
D. Enforcement. A person convicted of an infraction for a violation of any provision of this Section shall be punished as provided per Section
56.08.090 of the Municipal Code, as may be amended from time to time.
Title 56, Chapter 56.18, Section 56.18.060, of Coronado Municipal Code is hereby added to read as follows (underlines are additions and strikeouts are deletions):
56.18.060 San Diego Electric Bicycle Safety Pilot Program A. Purpose. California Vehicle Code section 21214.7 authorizes local governments in San Diego County to adopt ordinances prohibiting persons under 12 years of age from operating Class 1 or Class 2 electric bicycles, as defined in California Vehicle Code section 312.5, provided the local government administer a public information campaign regarding the ordinance at least 30 days before enactment, and requiring that only warnings of violations be issued within the first 60 days after the ordinance’s enactment, thereafter increasing to a fine not to exceed $25.00. The City wishes to enact an ordinance per these provisions in order to promote the safe and efficient use of sidewalks, bicycle paths, pathways, trails, bicycle lanes, and other pedestrian and bicycle facilities in the City.
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B. Prohibition on Operation of Class 1 and Class 2 Electric Bicycles. No person under the age of twelve (12) years old may operate or ride within the City a Class 1 or Class 2 electric bicycle, as defined in California Vehicle Code section 312.5.
C. Enforcement. A person convicted of an infraction for a violation of this Section shall be punished as follows:
1. For the first sixty (60) days after adoption of this Section, a warning notice.
2. After the first sixty (60) days following adoption of this Section, a fine not exceeding twenty-five dollars ($25.00).
D. Expiration. This Section shall remain in effect until January 1, 2029, or until such time as California Vehicle Code section 21214.7 expires, whichever occurs later, and shall have no force or effect thereafter.
SECTION 3:
Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk of the City of Coronado shall cause this ordinance published pursuant to the provisions of Government Code Section 36933.
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INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Coronado, California, on November 19, 2024; and
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Coronado at a regular meeting thereof this December 3, 2024 by the following vote to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED:
RICHARD BAILEY, Mayor of the
City of Coronado, California
ATTEST:
KELSEA HOLIAN, City Clerk of the
City of Coronado, California
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*****
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO :
ss. CITY OF CORONADO )
I, Kelsea Holian, City Clerk of the City of Coronado, hereby certify that the foregoing ORDINANCE NO. 2024-09 passed at the regular meeting of the City Council of the City of Coronado held on December 3, 2024, after having been read at the regular meeting of said City Council held on November 19, 2024.
KELSEA HOLIAN, City Clerk of the
City of Coronado, California
ORDINANCE NO. 2024-09