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HomeMy WebLinkAbout04 - Oceanfront Boardwalk Safety ProgramAgenda Item No. 4 CITY OF NEWPORT BEACH Office of the City Attorney TO: Mayor & Members of the City Council FROM: Robert Burnham RE: Modifications to Chapter 12.54 DATE: June 26, 2001 The City Council adopted the Oceanfront Boardwalk Safety Program (Chapter 12.54 of the Newport Beach Municipal Code) in 1991. Since that time, scooters have become a very popular means of transportation and should be added to the list of devices that are required to follow the rules outlined in Chapter 12.54. We have prepared minor amendments to Chapter 12.54 (copy attached) that define "scooter" and apply operational restrictions to "scooter users." RECOMMENDATION Introduce the proposed ordinance amending Chapter 12.54 and pass the ordinance to July 10, 2001 for second reading and adoption. Robert H. Burnham ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CERTAIN PROVISONS OF CHAPTER 12.54 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE OPERATION OF SCOOTERS ON OTHE OCEANFRONT BOARDWALK The City Council of the City of Newport Beach hereby ordains as follows: SECTION 1: Section 12.54.020 shall be amended to read as follows: 12.54.020 Definitions. As used in this Chapter, the following terms and words shall have the following meanings: (a) "Bicyclist" shall mean any person operating any device propelled by human power through a belt, chains or gears and having one or more wheels. (b) "Boardwalk" or "Oceanfront Boardwalk" shall mean the concrete walkway approximately twelve (12) to twenty -two (22) feet in width immediately adjacent to the sandy beach (except where the beach has been improved with parking lots, parks or school playgrounds) and extending from approximately two hundred fifty (250) feet east of E Street to 36`h Street. (c) "Pass" shall mean to travel to the left of the centerline of the Boardwalk. (d) "Pedestrian" shall mean any person on foot. (e) "Rollerskater' shall mean any person wearing rollerskates (as defined in Section 12.57.010(B) of this Code), rollerblades or any similar device. (f) "Scooter" shall mean any device with a "foot board" mounted between two or more wheels with an upright handle that is operated by placing one foot on the foot board and pushing with the other foot "Scooter user" shall mean any person operating a scooter. (g) "Skateboarder" shall mean any person riding a "skateboard s that term is defined in Section 12.57.010(B) of this Code. SECTION 2: Section 12.54.030 is hereby amended to read as follows: 12.54.030 Speed Limit No bicyclist, skater, skateboarder, pedestrian or scooter user shall exceed eight (8) miles per hour while on the Boardwalk. SECTION 3: Section 12.54.040 is hereby amended to read as follows: 12.54.040 Unsafe Operation. No bicyclist, skater, skateboarder, pedestrian or scooter user shall engage in any activity on the Boardwalk that creates an unreasonable risk of injury to any person. SECTION 4: Section 12.54.050 is hereby amended to read as follows: 12.54.050 Direction of Flow /Rules of the Road. (a) All bicyclists, skaters, skateboarders, pedestrians and scooter uses shall keep to the right of the centerline of the Boardwalk except when passing. (b) No person shall pass any other person except when it is safe to do so. (c) No person shall pass any other person when there is a solid single or double centerline. SECTION 5: Section 12.54.060 is hereby amended to read as follows: 12.54.060 Special Restrictions. (a) The Transportation and Development Services Manager shall post signs and install appropriate markings designating a "Walk Zone" for bicycles in the plaza at the base of the Newport Pier. The Transportation and Development Services Manager shall have the authority to establish other special restrictions on bicyclists, pedestrians, skateboarders, rollerbladers and /or scooter users such as localized speed limits less than eight miles per hour on a portion of the Boardwalk. (b) No person shall fail to comply with signs posted pursuant to subsection (a) that establish special restriction on bicyclists, pedestrians, skateboarders, rollerbladers and/or scooter users that use the Boardwalk. SECTION 6: That if any, section, subsection, sentence, clause, phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases be declared unconstitutional. SECTION 7: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2001, and adopted on the day of 2001, by the following vote, to -wit: AYES, COUNCILMEMBE NOES, COUNCILMEMBERS ABSENT, COUNCILMEMBERS MA ATTEST: CITY CLERK