§ 4-27 — Ojai Municipal Code

§ 4-27.01. Purpose.¶

The purpose of this chapter is to declare that unless specifically permitted by this Code, shared on-demand motorized scooters are prohibited from being placed in the public right-of-way or on public property, operated in the public right-of-way or on public property, or offered for use anywhere in the City, so as to allow for adequate pedestrian traffic flow and to promote public safety. This chapter is intended to be a proper exercise of the City of Ojai's police power, to operate only upon persons and entities acting within the City's boundaries, and not to regulate inter-city or interstate commerce. It shall be construed in accordance with this purpose and intent.

(§ 2, Ord. 902, eff. October 10, 2019)

§ 4-27.02. Definitions.¶

"Abandon" means leaving an item unattended for any length of time.

"Public area" means any outdoor area that is open to the public for public use, whether owned or operated by the City or a private party.

"Public right-of-way" means any public alley, parkway, public transportation path, roadway, sidewalk, plaza, or street that is owned, granted by easement, operated, or controlled by the City, State, or any other governmental agency.

"Scooter" means any wheeled device that has handlebars and a floorboard designed to be stood upon when riding.

"Shared on-demand motorized scooter" means any wheeled scooter that is designed to either be powered by an electric motor or other power source, or to be powered by human propulsion, that is accessed via an on-demand electronic or other portal, whether through a smart-phone, access code, I.D. card, or similar method, and is operated by a private entity that owns, manages, maintains and insures the devices for shared use by its customers or members, which are available to its customer or members in unstaffed, self-service locations. (§ 2, Ord. 902, eff. October 10, 2019)

§ 4-27.03. Prohibited conduct.¶

It is unlawful to:

(a) Display, place, offer, or make available for rent or use any shared on-demand motorized scooter within the City of Ojai.
(b) Park, leave standing, leave lying, abandon, or otherwise place a shared on-demand motorized scooter in a public area, public right-of-way, public park, or on public property anywhere within the City in a manner that:
- (1) Obstructs travel upon or blocks access to a public right-of-way;
- (2) Poses an immediate public safety hazard; or
- (3) Is otherwise not expressly permitted by applicable laws or administrative regulations.

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City of Ojai, CA

OJAI CODE

§ 4-27.03

§ 4-27.05

(c) Operate a shared on-demand motorized scooter in a sidewalk, public right-of-way, public area, public park, or on public property anywhere within the City.
(d) Operate a shared on-demand motorized scooter on any bicycle path, trail, public park, or bikeway anywhere within the City.
(e) Provide or offer for rent or use a shared on-demand motorized scooter anywhere within the City.
(§ 2, Ord. 902, eff. October 10, 2019)

§ 4-27.04. Impoundment of devices.¶

(a) A shared on-demand motorized scooter that is placed, displayed, offered, or made available for rent or use, or abandoned, in a public area, public right-of-way, public park, public property, or other public location in violation of this chapter shall be subject to immediate impoundment by the City.
(b) Peace officers, traffic control officers, parking enforcement officers, code enforcement officers, those other City officials designated by the City Manager, and any party contracted by the City to impound shared on-demand motorized scooters are authorized to impound any shared on-demand motorized scooter placed, displayed, offered, or made available for rent or use, or abandoned, in a public area, public right-of-way, public park, public property, or other public location in violation of this chapter.
(c) The City Council may adopt impound fees by resolution, which shall reflect the City's enforcement, investigation, storage and impound costs.
(d) No person shall retrieve any impounded shared on-demand motorized scooter from the City except upon demonstration of proper proof of ownership of the device and payment of applicable impound fees.
(§ 2, Ord. 902, eff. October 10, 2019)

§ 4-27.05. Enforcement.¶

(a) Peace officers, traffic control officers, parking enforcement officers, code enforcement officers, and other persons designated by the City Manager shall enforce this chapter and may publish written regulations in the manner required by law for the publication of ordinances and may take any and all other actions rational and necessary to enforce this chapter.
(b) Any person or entity violating or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor punishable pursuant to Sections 1-2.02 and 1-2.03 of this Code. Each separate shared on-demand motorized scooter maintained or abandoned in violation of this chapter constitutes a separate violation.
(c) In addition to any other remedies available by law and under this Code, a violation of this chapter is subject to the administrative enforcement provisions of Section 1-2.03 of this Code. Each separate shared on-demand motorized scooter maintained or abandoned in violation of this chapter and each separate day or portion thereof wherein the violation continues constitutes a separate and distinct violation.
(d) The remedies specified in this chapter shall be cumulative and the City may resort to any

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-27.05

other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.

(e) The City Attorney may seek injunctive, legal, or other equitable relief to enforce this chapter.
(§ 2, Ord. 902, eff. October 10, 2019)

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City of Ojai, CA