HomeMy WebLinkAbout03 - Ordinance 2001-16 - Oceanfront Boardwalk Safety ProgramAgenda Item No. 3
August 14, 2001
ORDINANCE NO. 2001 -16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING SECTIONS 12.54.010,
12.54.020, 12.54.030, 12.54.040, 12.54.050 AND 12.54.060
OF TITLE 12 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO OCEANFRONT BOARDWALK
SAFETY PROGRAM
The City Council of the City of Newport Beach does hereby ordain that certain Newport
Beach Municipal Code sections are amended to read, in full, as follows:
SECTION 1: Section 12.54.010 of Chapter 12.54 is amended to read as follows
Section 12.54.010 Purpose and Intent.
The purpose and intent of this chapter is to insure the safety of persons using the
Oceanfront Boardwalk while maximizing the recreational opportunities available to
users. The restrictions and limitations on bicyclists, skaters rollerskaters and others are
the result of extensive analysis by the Oceanfront Boardwalk Citizens Advisory
Committee, City staff and a professional traffic consultant. The City Council has
determined that the provisions of this ordinance represent all of the reasonable
measures that can be implemented to protect users from the risk of injury. The City
Council has made this determination after due consideration of the probability and
gravity of potential injuries to persons and property using the Boardwalk as well as the
practicability and cost of implementing measures that would protect against the risk of
such injury,
SECTION 2: Section 12.54.020 of Chapter 12.54 is amended to read as follows
Section 12.54.020 Definitions.
'Bicyclist' shall mean any person operating any device propelled by human power
through a belt, chain or gears and having one or more wheels.
"Boardwalk" or "Oceanfront Boardwalk" shall mean the concrete walkway approximately
twelve (12) to twenty -two (22) feet in width that is immediately adjacent to the sandy
ocean beach (except where the beach has been improved with parking lots, parks or
school playgrounds) and that runs from 36th Street to a point east of E Street The
Boardwalk is designated as West Ocean Front and East Ocean Front on the official City
atlas.
"Pass" shall mean to travel to the left of the centerline of the Boardwalk.
"Pedestrian" shall mean any person on foot.
"Rollerskater" shall mean any person wearing rollerskates as defined in Section
12.57.010(B) of this Code, Rollerblades, or any similar device.
SECTION 3: Section 12.54.030 of Chapter 12.54 is amended to read as follows
Section 12.54.030 Speed Limit.
No bicyclist, skater rollerskater or pedestrian shall exceed eight miles per hour
SECTION 4: Section 12.54.040 of Chapter 12.54 is amended to read as follows:
Section 12.54.040 Unsafe Operation.
No bicyclist, skater rollerskater or pedestrian shall engage in any activity on the
Boardwalk that creates an unreasonable risk of injury to any person.
SECTION 5: Section 12.54.050 of Chapter 12.54 is amended to read as follows:
Section 12.54.050 Direction of Flow /Rules of the Road.
A. All bicyclists, skaters rollerskaters and pedestrians 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
SECTION 6: Section 12.54.060 of Chapter 12.54 is amended to read as follows:
Section 12.54.060 Special Restrictions.
A. The Traffic Engineer shall post signs and install appropriate markings designated
a "Walk Zone" for bicycles in the plaza at the base of the Newport Pier. The
Traffic Engineer shall have the authority to establish other special restrictions on
bicyclists, pedestrians and /or rollerskaters such as localized speed limits less
than eight miles per hour.
B. No person shall fail to comply with signs posted pursuant to subsection (A) that
establish special restrictions on bicyclists, pedestrians and /or rollerskaters using
the boardwalk.
SECTION 7: Section 12.54.070 of Chapter 12.54 is amended to read as follows:
Section 12.54.070 Penalty.
A. Notwithstanding any other provision of this Code, any person violating the
provisions of Section 12.54.030, 12.54.050, or 12.54.060 shall be guilty of an
infraction, punishable by a fine not to exceed fifty dollars ($50.00).
B. Any person violating the provisions of Section 12.54.040 shall be guilty of a
misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00)
provided, however, the violation may be prosecuted as an infraction pursuant to
the provisions of Section 1.04.010(A) of the Newport Beach Municipal Code.
SECTION 8: If any section, subsection, sentence, clause or 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
2
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 and phrases be declared unconstitutional.
SECTION 9: 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 of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 10: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the 10th day of July, 2001, and adopted on
the _ day of 2001, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBE
ABSENT COUNCILMEMBERS
MA'
ATTEST:
CITY CLERK
F:\ users \cat\ shared \da\ Ordinance \OceanFrontBoard W alkSafetyProg \080801 draft.doc
3
CORC[C AGENDA
KI.3--F4L,-A --o I
CITY OF NEWPORT BEACH I July 24, 2001
CITY ATTORNEY'S OFFICE I Agenda Item 3
TO MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT BURNHAM, CITY ATTORNEY
RE MODIFICATIONS TO CHAPTER 12.54
In 1991, the City Council adopted Chapter 12.54 (Ordinance) thereby implementing the
Oceanfront Boardwalk Safety Program. The Ordinance required, among other things,
pedestrians, bicyclists and skateboarders to abide by certain rules while using the
Boardwalk. In 1992, the City Council adopted the first of a series of resolutions
prohibiting skateboarding on the Boardwalk and signs to that effect have been posted
since the first resolution was adopted. However, we did not modify the Ordinance to
delete the reference to skateboarders. The proposed amendments to the Ordinance
make Chapter 12.54 consistent with the Council resolutions prohibiting skateboarding on
the Boardwalk.
RECOMMENDATION
Introduce the proposed amendments to Chapter 12.54 and pass the amendments to
August 14, 2001 for second reading and adoption.
"Y41- .
i
Robert H. Burnham
F: \users\cat\shared \da \CCmemo \Ocean BoardwalkSafetyProg.doc
ORDINANCE NO. 2001-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING SECTIONS 12.54.010,
12.54.020, 12.54.030, 12.54.040, 12.54.050 AND (2.54.060
OF TITLE 12 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO OCEANFRONT BOARDWALK
SAFETY PROGRAM
The City Council of the City of Newport Beach does hereby ordain that certain Newport
Beach Municipal Code sections are amended to read, in full, as follows:
SECTION 1: Section 12.54.010 of Chapter 12.54 is amended to read as follows:
Section 12.54.010 Purpose and Intent.
The purpose and intent of this chapter is to insure the safety of persons using the
Oceanfront Boardwalk while maximizing the recreational opportunities available to
users. The restrictions and limitations on bicyclists, skaters; skatebGardeF�rrand others
are the result of extensive analysis by the Oceanfront Boardwalk Citizens Advisory
Committee, City staff and a professional traffic consultant. The City Council has
determined that the provisions of this ordinance represent all of the reasonable
measures that can be implemented to protect users from the risk of iniury The Citv
Council has made this determination; after due consideration of the probability and
gravity of potential injuries to persons and property using the Bboardwalk as well as the
practicability and cost of implementing measures that would protecting against the risk
of such iniurv. has 't + edth r thip nrAvosonns F thffiq nrdiraanca rin.mmR ant nil of una
SECTION 2: Section 12.54.020 of Chapter 12.54 is amended to read as follows:
Section 12.54.020 Definitions.
"Bicyclist" shall mean any person operating any device propelled by human power
through a belt, chain or gears and having one or more wheels.
"Boardwalk" or "Oceanfront Boardwalk" shall mean the concrete walkway approximately
twelve (12) to twenty-two (22) feet in width that is - immediately adjacent to the sandy
ocean beach (except where the beach has been improved with Barking lots, parks or
school playgrounds) and that runs . and a teadiag —from 36 Street to a point
ice^` "WmAt^'� `"'" ' "� "� ^` ` ast of E Street to —36th Sheet The
Boardwalk is designated as West Ocean Front and East Ocean Front on the official Citv
atlas.
"Pass" shall mean to travel to the left of the centerline of the Bboardwalk.
"Pedestrian" shall mean any person on foot.
"Rollerskater' shall mean any person wearing rollerskates as defined in Section
12.57.010(8) of this Code, Rollerblades, or any similar device.
SECTION 3: Section 12.54.030 of Chapter 12.54 is amended to read as follows:
Section 12.54.030 Speed Limit.
No bicyclist, skater_, skatebGardeF or pedestrian shall exceed eight miles per hour
SECTION 4: Section 12.54.040 of Chapter 12.54 is amended to read as follows:
Section 12.54.040 Unsafe Operation.
No bicyclist, skater; skatebeaMeF r pedestrian shall engage in any activity on the
Bboardwalk that whiGh creates an unreasonable risk of injury to any person.
SECTION 5: Section 12.54.050 of Chapter 12.54 is amended to read as follows:
Section 12.54.050 Direction of Flow /Rules of the Road.
A. All bicyclists, skaters_, eateb apiJeFs and pedestrians shall keep to the right of
the centerline of the B6oardwalk 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
SECTION 6: Section 12.54.060 of Chapter 12.54 is amended to read as follows:
Section 12.54.060 Special Restrictions.
A. The Traffic Engineer shall post signs and install appropriate markings designated
a "Walk Zone' for bicycles in the plaza at the base of the Newport Pier. The
Traffic Engineer shall have the authority to establish other special restrictions on
bicyclists, pedestrians; skatebea;:dem,and /or rollerskaters such as localized
speed limits less than eight miles per hour.
B. No person shall fail to comply with signs posted pursuant to subsection (A) that
establish special restrictions on bicyclists, pedestrians, sl-^' Tand /or
rolierskaters using the boardwalk.
SECTION 7: Section 12.54.070 of Chapter 12.54 is amended to read as follows:
Section 12.54.070 Penalty.
A. Notwithstanding any other provision of this Code, any person violating the
provisions of Section 12.54.030, .12.54.050, or 12.54.060 shall be guilty of an
infraction, punishable by a fine not to exceed fifty dollars ($50.00).
B. Any person violating the provisions of Section 12.54.040 shall be guilty of a
misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00)
provided, however, the violation may be prosecuted as an infraction pursuant to
the provisions of Section 1.04.010(A) of the Newport Beach Municipal Code.
2
SECTION 8: If any section, subsection, sentence, clause or 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 and phrases be declared unconstitutional.
SECTION 9: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Cleric shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 10: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the 10th day of July, 2001, and adopted on
the _ day of 2001, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBE
ABSENT COUNCILMEMBERS
MA
ATTEST:
CITY CLERK
F:\usew\ cat\ shared \da \O ndinance \OceanFrontBoa�dWalkSafetyProg .doe
M