Palm Desert Municipal Code Ch. 10.78 Electronic Personal Assistive Mobility Devices

The purpose of this chapter is to protect public health, safety and welfare by prohibiting the use and operation of electronic personal assistive mobility devices ("EPAMD"), as defined in California Vehicle Code § 313 (as the same may be amended from time to time) within the El Paseo business district of the city of Palm Desert. The city council finds that the use and operation of EPAMDs on all sidewalks, walkways, and pathways in the El Paseo business district jeopardizes public health and safety because such use and operation puts pedestrians at risk of being injured or being forced off public sidewalks, walkways and pathways to avoid injury.

(Ord. 1041A § 1, 2004)

The following words and phrases when used in this chapter shall have the definitions respectfully ascribed to them in this section. Whenever any words or phrases used in this chapter are not defined but are defined in the California Vehicle Code and amendments thereto, such definitions shall apply:

"City"

means the city of Palm Desert.

"El Paseo business district"

means that area within the city limits of the city of Palm Desert, California that is generally the properties fronting on both sides of El Paseo for its entire limits from east to west within the city including the areas fronting on El Paseo on both sides and including the areas between El Paseo as a street and the Southern boundary of Highway 111 to the north.

"Electric personal assistive mobility device" or "EPAMD"

means a self-balancing, non-tandem, two-wheeled device that can turn in place, designed to transport only one person, with an electric propulsion system averaging less than seven hundred fifty watts (one horsepower), the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is less than twelve and one-half miles per hour, as defined in Section 313 of the California Vehicle Code.

(Ord. 1041A § 1, 2004)

A. It shall be unlawful to use or operate EPAMD on any sidewalk, walkway, or pathway located within the El Paseo business district.

B. This prohibition shall not apply:

1. Where EPAMD is being operated as part of an activity or event for which a permit allowing such devices has been issued by the city of Palm Desert;

2. Use of EPAMD by any governmental agency, public utility or the U.S. postal service; or

3. To any disabled person (as that term defined in Vehicle Code Section 295.5(a)(c)) who displays a state-issued disabled card.

(Ord. 1041A § 1, 2004)

The following safety criteria are established for operators of EPAMD in the city and are the minimum criteria set and adopted by the city council:

A. EPAMD operators must provide proof of insurance for the same limits set for automobile insurers insuring their EPAMD;

B. EPAMD operators must complete appropriate factory authorized training for the use of EPAMD;

C. EPAMD operators must have a valid city EPAMD permit;

D. EPAMD operators must be sixteen years of age or older;

E. EPAMD operators must wear safety helmets at all times;

F. EPAMD operators must yield the right-of-way to walking pedestrians on any sidewalk or crosswalk upon which it is lawful to operate EPAMD;

G. EPAMD operators must obey any traffic control signals or pedestrian control signals;

H. EPAMD operators may not travel on or across state highways, except to cross at controlled intersections; and

I. EPAMD operators must only operate EPAMD in accordance with this chapter.

(Ord. 1041A § 1, 2004)

A. The city council of the city of Palm Desert establishes an EPAMD permit process. Permitted EPAMD must meet the EPAMD safety mechanisms and regulations codified in this chapter. In addition, the city establishes the following process for permitting EPAMD:

1. A permit process application completed by the city to include:

a. A permit application,

b. Proof of training, and

c. Proof of insurance;

2. A permit decal showing proof of compliance. The decal shall be visibly posted on the front of the permitted EPAMD; and

3. A permit fee of ten dollars for a two-year period to allow the city to recover a portion of the cost of permitting, and enforcement of this chapter.

B. EPAMD permits issued by the city are valid only within the city, and do not extend beyond the geographic boundaries of the city. Possession of a valid EPAMD permit does not authorize travel on or outside the geographic boundaries of the city.

(Ord. 1041A § 1, 2004)

Any person operating EPAMD in violation of this chapter is guilty of an infraction punishable by a fine not exceeding one hundred dollars.

(Ord. 1041A § 1, 2004)