Huntington Beach Municipal Code Ch. 12.40 Shared Personal Mobility Devices

The purpose of this chapter is to prohibit shared personal mobility devices and ensure that the use of the public right-of-way, at all times, promotes the public health, safety and welfare and allows for adequate pedestrian circulation and safety.

(4165-12/18)

"Public right-of-way"

shall mean the area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes, places, roads, sidewalks, streets, ways and City-owned properties within the City, as they exist now or in the future.

"Shared personal mobility devices"

shall mean any wheeled personal transportation device that is designed to be:

Powered by an electric motor or other power source, or by human propulsion;

Accessed via an on-demand portal, whether through a smart-phone, access code, personal identification card, or similar method; and

Operated by a private entity that owns, manages, maintains and insures devices for shared use by members, which are available to members in unstaffed, self-service locations.

"Shared personal mobility device operator"

shall mean an individual or a public, private, or non-profit entity that leases or manages shared personal mobility devices.

(4165-12/18)

A. It shall be unlawful to provide, place or offer for use a shared personal mobility device, or to operate as a shared personal mobility device operator in any public right-of-way within the City.

B. The Huntington Beach Police Department and any persons authorized by the City and having the duty to enforce this chapter are hereby authorized to impound the shared personal mobility device violating the provisions of this chapter. The impound shall be subject to an impound fee established by City Council resolution.

C. The Police Chief may promulgate regulations for notification to the operator and return of the devices to the operator, and as may otherwise be necessary to implement the purpose of this chapter.

(4165-12/18)

Any person who violates or willfully fails to comply with any provision of this chapter is guilty of an infraction. Where the violation is of a continuing nature, each day or portion thereof wherein the violation continues constitutes a separate and distinct violation. Any person convicted of an infraction under the provisions of this Code shall be punishable by: (1) a fine not exceeding $100.00, for the first offense; (2) a fine not exceeding $200.00 for the second offense; (3) a fine not exceeding $500.00 for each additional offense within one year.

(4165-12/18)