HomeMy WebLinkAbout071624-06.4ADMINISTRATIVE STAFF REPORT 6.4
TO: Mayor and Town Council
July 16, 2024
SUBJECT: Ordinance No. 2024-07, adding Chapter 4-19 to the Danville Municipal
Code prohibiting riding electric bicycles and motorized scooters on
sidewalks in business districts within the Town of Danville
BACKGROUND AND DISCUSSION
On July 2, 2024, the Town Council introduced Ordinance No. 2024-07, which adds a new
chapter to the Danville Municipal Code prohibiting riding electric bicycles and motorized
or electric scooters on public sidewalks in any business district, as that term is defined in
California Vehicle Code Section 235, within the Town of Danville. The ordinance is now
before the Council for adoption.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
RECOMMENDATION
Adopt Ordinance No. 2024-07, adding Chapter 4-19 to the Danville Municipal Code
prohibiting riding electric bicycles and motorized scooters on sidewalks in business
districts within the Town of Danville.
Prepared by:
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Robert B. Ewing
City Attorney
Attachment: Ordinance No. 2024-07
Docusign Envelope ID: CC146DBA-A6AC-4BA0-A4F0-F13B50026D30
ORDINANCE NO. 2024-07
ADDING CHAPTER 4-19 TO THE DANVILLE MUNICIPAL CODE PROHIBITING
RIDING ELECTRIC BICYCLES AND MOTORIZED SCOOTERS ON SIDEWALKS
IN BUSINESS DISTRICTS WITHIN THE TOWN OF DANVILLE
The Danville Town Council does ordain as follows:
SECTION 1. ADDING CHAPTER 4-19 TO THE DANVILLE MUNICIPAL CODE.
A new Chapter 4-19 is hereby added to the Danville Municipal Code to read as follows:
4-19 ELECTRIC BICYCLES AND MOTORIZED SCOOTERS ON SIDEWALKS
4-19.1 Definitions.
For purposes of this chapter, the following words and phrases shall have the meanings
defined in this section:
Business district shall mean that portion of a highway and the property contiguous
thereto (a) upon one side of which highway, for a distance of 600 feet, 50 percent or
more of the contiguous property fronting thereon is occupied by buildings in use for
business, or (b) upon both sides of which highway, collectively, for a distance of 300
feet, 50 percent or more of the contiguous property fronting thereon is so occupied
(CVC Section 235).
Electric bicycle shall mean a bicycle equipped with fully operable pedals and an electric
motor of less than 750 watts (CVC Section 312.5).
Electrically motorized board shall mean any wheeled device that has a floorboard
designed to be stood upon when riding that is not greater than 60 inches deep and 18
inches wide, is designed to transport only one person, and has an electric propulsion
system averaging less than 1,000 watts, the maximum speed of which, when powered
solely by a propulsion system on a paved level surface, is no more than 20 miles per
hour. The device may be designed to also be powered by human propulsion (CVC
Section 313.5).
Motorized scooter shall mean any two -wheeled device that has handlebars, has either a
floorboard that is designed to be stood upon when riding or a seat and footrests in place
of the floorboard, and is powered by an electric or other motor. This device may also be
designed to be powered by human propulsion (CVC Section 407.5)
Docusign Envelope ID: CC146DBA-A6AC-4BA0-A4F0-F13B50026D30
Sidewalk shall mean that portion of a highway, other than the roadway, set apart by
curbs, barriers, markings or other delineation for pedestrian travel (CVC Section 555)
4-19.2 Prohibited Activity.
Pursuant to the authority of Vehicle Code Sections 21206, 21967 and 21968, it shall be
unlawful for any person to ride an electric bicycle, electrically motorized board or
motorized scooter on a sidewalk within a business district in the Town of Danville.
SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 3. SEVERABILITY. 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 the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
SECTION 8. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have
this ordinance published once in a newspaper of general circulation within 15 (fifteen)
days after adoption. This ordinance shall become effective 30 days after adoption.
The foregoing Ordinance was introduced on July 2, 2024, and approved and adopted by
the Danville Town Council at a regular meeting held on July 16, 2024, by the following
vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR
APPROVED AS TO FORM: ATTEST:
DocuSigneed by:
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CITY ATTORNEY
CITY CLERK
PAGE 2 OF ORDINANCE NO. 2024-07
Docusign Envelope ID: CC146DBA-A6AC-4BA0-A4F0-F13B50026D30
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2024-07 of said Town and that said
ordinance was published according to law.
Dated:
City Clerk of the
Town of Danville
PAGE 3 OF ORDINANCE NO. 2024-07