(Added by Ord. No. 187,667, Eff. 12/19/22.)
(a) Definitions.
1. “Mobility Device”, as used in this section, shall mean bicycles, electric bicycles, motorized scooters, electric scooters, and any other electric personal assistive mobility device.
2. “Rental”, as used in this section, shall mean the transfer of possession or control of a Mobility Device from a Vendor to a rider, for a temporary period of time, in exchange for money or other similar consideration, including any monetary gift or gratuity, demanded or received by the Vendor.
3. “Vendor”, as used in this section, shall mean any person who is engaged in the Rental of a Mobility Device within 1 mile of the legal boundaries of Venice Beach. This definition shall not include any provider, as that term is used in Section 71.29 of this Code, that has a valid and current permit under the Shared Mobility Device Permit Program.
4. “Venice Beach”, as used in this section, shall mean all park land, beach lands, or beach properties adjoining the waterfront of the Pacific Ocean between the southerly boundary of the City of Santa Monica and the North Jetty of Marina Del Rey, including the area known as Ocean Front Walk.
(b) Vendor Requirements. Every Vendor shall do all of the following:
1. Notify each rider, prior to the Rental, both verbally and via written notice that is not less than 14-point font printed on paper that is not less than 8.5" x 11" in size, of the legal limitations on the use of the Mobility Device on Ocean Front Walk and any beach path at Venice Beach, and on Venice neighborhood walk streets and sidewalks;
2. Include, in any written or digital agreement for the Rental of a Mobility Device, a provision setting forth all legal limitations on the use of the Mobility Device on Ocean Front Walk and any beach path at Venice Beach, and on Venice neighborhood walk streets and sidewalks;
3. Require, in any written or digital agreement for the Rental of a Mobility Device, the rider to specifically acknowledge, by separate signature or initial, receipt of the advisory provision described in Subdivision (b)2.
(c) Ocean Front Walk Vendor Requirements. Every Vendor offering Mobility Devices for Rental within 500 feet of Ocean Front Walk shall do all of the following:
1. Require each employee and agent of the Vendor to transfer physical possession or control of the Mobility Device to the rider at a location not less than 300 feet inland from Venice Beach.
2. Only display, park, or otherwise store all Mobility Devices inside of a building, unless the Mobility Device has a prominent sign posted upon it advising potential riders of the legal limitations on the use of the Mobility Device on Ocean Front Walk and any beach path at Venice Beach, and on Venice neighborhood walk streets and sidewalks, in which case the Mobility Device with the sign posted upon it may be displayed, parked, or otherwise stored outside. Nothing in this section shall limit or otherwise create an exception to Section 56.12 of this Code, prohibiting Mobility Devices from being displayed, placed, or stored in or on a public right-of-way, including a street or sidewalk. For purposes of the posting requirement in this Subdivision (c)2., one sign shall be placed in a conspicuous location on each Mobility Device displayed, parked, or otherwise stored outside. The requirement for a prominent sign shall be met if the sign is not less than 8.5" x 11" in size and legibly states, in not less than 48-point font, “This device may not be ridden on Ocean Front Walk and is also subject to other legal restrictions. Learn more prior to rental.”
(d) Penalty. Violation of any provision this section above shall be punishable in accordance with Subdivision (m) of Section 11.00 of this Code.
(e) Compliance. Compliance with this section shall in no way relieve a Vendor of the responsibility to comply with any other applicable city, state or federal law; including the Department of Transportation’s On-Demand Mobility Rules and Guidelines.
(f) Severability. If any provision of this section is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this section which can be implemented without invalid provisions, and to this end, the provisions of this section are declared to be severable.