Ventura Municipal Code Ch. 8.20 Prohibiting the Use of Shared Mobility Devices Within the City of San…

The purpose of this chapter is to declare that unless specifically permitted by this code, shared mobility devices 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. (Ord. No. 2018-018, § 1, 11-19-18)

As used in this chapter, the following words shall have the meaning set forth below:

“Abandon” shall mean leaving an item unattended for any length of time.

“Public area” shall mean 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” shall mean any public alley, parkway, public transportation path, roadway, sidewalk, or street that is owned, granted by easement, operated, or controlled by the city.

“Shared mobility device” shall mean any transportation device by which a person can be propelled, moved, or drawn, that is displayed, offered, or placed for rent in any public area or public right-of-way, that is powered by a motor; is accessed via an on-demand portal, whether a smartphone application, membership card, or similar method; is operated by a private entity that owns, manages, and maintains devices for shared use by members of the public; is available to members of the public in unstaffed, self-service locations, or any shared mobility device not explicitly permitted by this code. (Ord. No. 2018-018, § 1, 11-19-18)

A. No person may display, offer, or make available for rent any shared mobility device within the city of San Buenaventura.

B. It is unlawful to park, leave standing, leave lying, abandon, or otherwise place a shared mobility device in a public right-of-way 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 permitted by applicable laws or administrative regulations.

C. It is unlawful to operate a shared mobility device in a public right-of-way or on public property anywhere within the city.

D. It is unlawful to provide or offer for use a shared mobility device anywhere within the city. (Ord. No. 2018-018, § 1, 11-19-18)

A. A shared mobility device that is displayed, offered, or made available for rent, or abandoned, in the public right-of-way or a public area in violation of this chapter shall be subject to immediate impoundment by the city.

B. Peace officers, traffic control officers, parking enforcement officers, those city officials designated by the city manager, and any party contracted by the city to specifically impound shared mobility devices are authorized to impound any shared mobility device that has been offered for use, placed in a public right-of-way or on public property, or operated in a public right-of-way or on public property 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 mobility device except upon demonstrating proper proof of ownership of the device and payment of applicable impound fees. (Ord. No. 2018-018, § 1, 11-19-18)

A. Violations of this chapter shall constitute a misdemeanor under Section 1.150.010, be subject to criminal penalties, and be punishable as provided for in Chapter 1.150. It shall be considered a separate violation for each separate shared mobility device found in violation of this chapter.

B. Any person who violates any provision of this chapter shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.50.

C. Any person convicted of violating this chapter in a criminal case or found to be in violation of this chapter in a civil or administrative case brought by a law enforcement agency shall be ordered to reimburse the city and other participating law enforcement agencies their full investigative and enforcement costs. (Ord. No. 2018-018, § 1, 11-19-18)