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HomeMy WebLinkAbout95-40 - Amending Section 12.56.010 and 12.56.140, and Adding Section 12.56.150 to Chapter 12.56 of the Municipal Code Pertaining to the Operation and Use of Surrey Cycles and Pedicabs• ORDINANCE NO. 95 -40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.56.010 AND 12.56.140, AND ADDING SECTION 12.56.150 TO CHAPTER 12.56 OF THE MUNICIPAL CODE PERTAINING TO THE OPERATION AND USE OF SURREY CYCLES AND PEDICABS. The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Section 12.56.01.0 is amended to read: 12.56.010 Definitions. As used in this Chapter, the following terms and words shall have the following meanings: BICYCLE shall mean any device upon which a person may ride, which is propelled by human power through a system of belts, chains or gears, and which has two wheels at least twenty (20) inches in diameter and a frame size of at least fourteen (14) inches. •BICYCLE LICENSE RECEIPT shall mean that bicycle license receipt issued by the Licensing Agency or Agent of the City upon receipt of the designated license fee. BICYCLE LICENSE INDICIA shall mean the license indicia distributed by the Department of Motor Vehicles of the State of California, in accordance with Section 39001 of the California Vehicle Code, to be permanently affixed to the bicycle frame, and which bears a unique number permanently assigned to the bicycle. LICENSING AGENCY OR AGENT shall mean that party or parties designated by the City Council as the Licensing Agency or Agent for bicycles in the City. For the purposes of this Chapter, the Chief of Police shall be the Licensing Agent. The Chief of Police shall be the Licensing Agent. The Chief of Police may recommend for • designation by the City Council by resolution any person or person to be a Licensing Agency or agent. SURREY CYCLE shall mean any device with seating for one or more persons which is propelled by human power through a system of peddles, belts, chains or gears, and which has four wheels. PEDICAB shall mean any device with seating for one or more persons which is propelled by human power through a system of • peddles, belts, chains or gears, and which has three wheels. SECTION 2: Section 12.56.140 A. is amended to read as follows: 12.56.140 Operating Bicycle on Sidewalk. A. Prohibition. No person shall operate or ride a bicycle upon any sidewalk in the City. SECTION 3: Section 12.56.150 is added to the Newport Beach Municipal Code to read: 12.56.150 Operating a Surrey Cycle or Pedicab. • A. No person shall operate or ride a surrey cycle or pedicab upon any sidewalk, boardwalk or any public pier in the City. B. Any person who operates a surrey cycle or pedicab rental service, shop or facility must inform each person who rents a surrey cycle or pedicab at the time of the rental, in writing, of the restrictions contained in this Section. Each rental surrey cycle or pedicab shall be posted to clearly inform each rider of the particular areas in the City where surrey cycles and pedicabs are prohibited. C. Any person who operates a surrey cycle or pedicab rental service, shop or facility, shall affix to each rented surrey cycle or pedicab, a flag of sufficient size and color to increase visibility of the surrey cycle or pedicab. The flag, which shall • be of international orange or similar color, and of sufficient size to enhance the visibility of the surrey cycle or pedicab, shall be affixed so that it reaches 3 feet above the highest portion of the surrey cycle or pedicab. 2 SECTION 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of August , 1995, and adopted on the 11th day of September 1995, by the following vote, to -wit: • AYES, COUNCI:LMEMBERS EDWARDS, WATT, DEBAY, RIDGES, COX, GLOVER, O'NEIL NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ATTEST: 1� u MAYOR 3,�A /) 3