REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Capt. Gaute Svendsbo
Subject:
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Adopt Ordinance No. 4302 amending Huntington Beach Municipal Code (HBMC) Chapter 10.84 relating to bicycle regulations
Approved for Introduction on September 19, 2023 by a vote of 6-0-1 (Burns-Absent)
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Statement of Issue:
The City has seen an increase in the use of various classes of electric bicycles and other motorized conveyances throughout our communities. A review of our Municipal Code revealed many existing laws were outdated and did not address these increases. Updates are needed to our Municipal Code to properly address these issues and give the Police Department more tools to enforce bicycle safety laws for the wellbeing of our residents and visitors alike.
Financial Impact:
This action does not require any commitment of funding.
Recommended Action:
recommendation
Adopt Ordinance No. 4302, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to Bicycle Regulations.”
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Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
E-Bikes and electric motorcycles have been increasing in popularity on our roadways, specifically in coastal cities such as Huntington Beach. Conveyances are now being produced that do not fit into categories already defined by existing law. This makes enforcement particularly difficult due to the fact laws regulating the operation of different mechanisms vary based on the device, and some of these devices are not clearly defined in the California Vehicle Code. E-bikes have developed beyond the existing definitions, such that laws regarding licensing, age, and equipment can no longer be enforced. Multiple subject matter experts have conflicting opinions on which laws apply to each type of apparatus, making it unclear which section to enforce.
Creating an unambiguous municipal code section, such as the proposed 10.84.140, to more broadly define these conveyances, will eliminate confusion and consolidating unsafe actions into one clear section. In addition, this municipal code provides officers the discretion to write a civil citation or a criminal citation, whichever is determined to be the more appropriate action for a given situation.
The revisions also eliminate outdated language for release fees, making the law consistent with existing fee schedules. The revisions also change the language to be consistent with Council Resolution 2009-34.
Lastly, additional definitions have been added to the beginning of the chapter, to be consistent with the California Vehicle Code.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program.
For details, visit www.huntingtonbeachca.gov/strategicplan.
Attachment(s):
1. Ordinance 4302.
2. Resolution 2009-34 (07-06-2009).