HomeMy WebLinkAboutStaff Report 2303-10354.SECOND READING: Parks and Recreation Commission Recommendation to Adopt an
Ordinance Amending PAMC Section 22.04.220 to Regulate Electric Bicycles and Electric
Coasting Devices in Parks and Open Spaces
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: March 13, 2023
Report #: 2303-1035
TITLE
SECOND READING: Parks and Recreation Commission Recommendation to Adopt an Ordinance
Amending PAMC Section 22.04.220 to Regulate Electric Bicycles and Electric Coasting Devices in
Parks and Open Spaces
BACKGROUND
This was heard by the City Council on February 27, 2023 for a first reading and was approved 5-
2, Lythcott-Haims, Tanaka No. No changes were made to the Ordinance; it is now before you
for a second reading.
ATTACHMENTS
Attachment A: Amendment to PAMC 22.04.220 to regulate electric bicycles and electric
coasting devices in City parks and open spaces
APPROVED BY:
Lesley Milton, City Clerk
*NOT YET APPROVED*
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Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Amending Section 22.04.220
(Bicycles and animals) of the Palo Alto Municipal Code to Prohibit the Use of
Electric Bicycles in the City’s Parks Except as Permitted by Regulation.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations.
A. California Vehicle Code section 21207.5 prohibits the use of motorized bicycles and Class
3 electric bicycles “on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section
21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway
or unless the local authority or the governing body of a public agency having jurisdiction over the
path or trail permits, by ordinance, that operation.”
B. In 2022, the State of California approved AB 1909, which amended California Vehicle Code
section 21207.5 to allow the use of Class 3 electric bicycles in the areas listed above unless an
agency adopts an ordinance prohibiting such use. This amendment will be effective January 1,
2023.
C. The City Council now desires to adopt this ordinance to ensure the City can retain its
authority to prohibit the use of electric bicycles in certain park and open space areas as permitted
by AB 1909 and California Vehicle Code section 21207.5 as amended.
SECTION 2. Section 22.04.220 (Bicycles and animals) of Chapter 22.04 (Parks and
Recreation Building Use and Regulations) of Title 22 (Parks) is hereby amended as follows (new
text in underline, deleted text in strikethrough):
22.04.220 Bicycles and animals.
(a) No person shall operate, drive or ride a bicycle, electric bicycle (e-bike), unicycle,
skateboard, roller skates, scooter, jogging stroller or other coasting device (including electric
coasting devices), horse or any other animal in a park or open space lands except on established
paths or walkways, unless as expressly permitted to do so pursuant to park regulations.
(b) Persons riding horses shall properly dispose of horse manure dropped from the animal they
are riding by removing it to the side of the levee, trail or road.
(c) No person shall operate or use a skateboard, roller skates, scooter, jogging stroller or other
coasting device in open space lands except on the Renzel Trail and other paved off-road multi-
use trails.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
*NOT YET APPROVED*
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regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4. The Council finds that this project is categorically exempt from the provisions
of the California Environmental Quality Act (“CEQA”) under sections 15301 (Existing Facilities).
SECTION 5. This Ordinance shall be effective on the thirty-first date after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Community Services