HomeMy WebLinkAboutOrdinance 1800 (Personal Assistive Mobile Devices)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1800 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING SECTION 1.08.020 OF THE SAN RAFAEL MUNICIPAL CODE
TO ADD A DEFINITION FOR ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES, AND AMENDING CHAPTER 5.34 OF THE SAN
RAFAEL MUNICIPAL CODE TO PROHIBIT THE USE OF SUCH DEVICES
ON DESIGNATED SIDEWALKS AND IN OTHER DESIGNATED PUBLIC
PLACES"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 3rd day of March, 2003,
published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper
published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a
REGULAR meeting of the City Council of said City held on the 17th day of March, 2003, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
19th day of March, 2003
JEAgRE M. LEONC ,City Clerk
1A 1ffl► . ► OWLEiNE:1Qll
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AMENDING SECTION 1.08.020 OF THE
SAN RAFAEL MUNICIPAL CODE TO ADD A DEFINITION
FOR ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES, AND AMENDING CHAPTER 5.34 OF THE SAN
RAFAEL MUNICIPAL CODE TO PROHIBIT THE USE OF
SUCH DEVICES ON DESIGNATED SIDEWALKS AND IN
OTHER DESIGNATED PUBLIC PLACES.
WHEREAS, current Chapter 5.34 does not address the regulation of electric personal
assistive mobility devices; and
WHEREAS, Vehicle Code §21282 authorizes a city, by ordinance, to prohibit entirely
the use of electric personal mobility devices within the City, or to prohibit the use of such
devices within specified areas as determined by the city; and
WHEREAS, the operation of electric personal mobility assistive devices on certain City
sidewalks and in other public places may adversely affect the use of such sidewalks and public
places by pedestrians.
NOW THEREFORE, the City Council does ordain as follows:
DIVISION 1:
Section 1.08.020 of the San Rafael Municipal Code is amended to add the following
definition:
"Electric Personal Assistive Mobility Device" or "BPAMD" means a self -balancing, non -
tandem two -wheeled device, that can turn in place and is designed to transport only one person,
with an electric propulsion system averaging less than 750 watts (one horsepower), but does not
include any motorized wheelchair operated by a person with physical disabilities who requires
such wheelchair for mobility purposes.
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DIVISION 2:
The title of Chapter 5.34 of the San Rafael Municipal Code is hereby amended to read as
follows:
REGULATION OF SKATEBOARDS, ROLLER SKATES,
BICYCLES AND ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES (EPAMD'S).
DIVISION 3:
Section 5.34.010 of the San Rafael Municipal Code is amended to read as follows:
5.34.010 Skateboard, roller skates, bicycles and electric personal assistive mobility
devices (EPAMD'S) prohibited in certain areas.
In any area where official signs are posted prohibiting such acts, it is unlawful for any
person to ride any skateboard or similar device, or to skate using roller skates, on the public
sidewalk or street. In any area where official signs are posted prohibiting such acts, it is unlawful
for any person to ride a bicycle, an electric personal assistive mobility device (EPAMD), or similar
devices on the public sidewalk or other public place.
DIVISION 4:
Section 5.34.020 of the San Rafael Municipal Code is amended to read as follows:
5.34.020 Posting of signs prohibiting skateboards, roller skates, bicycles, or electric
personal assistive mobility devices (EPAMD'S).
The City Manager is authorized to post or cause to be posted signs prohibiting
skateboarding, roller skating, bicycling, electric personal assistive mobility devices (EPAMD'S), or
other similar devices or activities on public sidewalks or streets or in other public places, as
provided by Section 5.34.010 and as designated by resolution of the City Council.
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DIVISION 5:
Section 5.34.030 of the San Rafael Municipal Code is amended to read as follows:
5.34.030 Skateboards, roller skates, bicycles and electric personal assistive mobility
devices (EPAMD'S) violating rights-of-way.
No person shall ride or propel a skateboard or roller skate in any roadway or upon any
public sidewalk, nor shall any person ride a bicycle or an electric personal assistive mobility
device (EPAMD) upon any public sidewalk or in any public place in such manner as to violate
the right-of-way of any vehicle or pedestrian.
DIVISION 6:
Section 5.34.040 of the San Rafael Municipal Code is amended to read as follows:
5.34.040 Exceptions—Police officers.
Notwithstanding Section 5.34.010, it shall not be unlawful for a person engaged in the
course and scope of employment as a police officer for the city, to ride a bicycle on a public
sidewalk or to ride an electric personal assistive mobility device (EPAMD) on a public sidewalk or
in a public place in an area posted with a sign prohibiting such acts.
DIVISION 7:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
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DIVISION 8:
This Ordinance shall be published once in full before its final passage in a newspaper of
general circulation, published, and circulated in the City of San Rafael, and shall be in full force and
effect thirty (30) days after its final passage.
ALBERT J. BOR , Mayor
ATTEST:
_ /?^r . , .
JE M. LEONCNI, City Clerk
The foregoing Ordinance No. 1800 was read and introduced at a Regular Meeting of the
City Council of the City of San Rafael, held on the 3rd day of March, 2003 and ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 17th day of March , 2003.
& A O
JE AM. LEONCIh]I, City Clerk
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