Loading...
HomeMy WebLinkAboutSS2 - Motorized Vehicles on the BoardwalkCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. ssz October 14, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department John Klein, Chief of Police, 644 3701, JKlein @nbpd.org Steve Shulman, Lieutenant, 644 3740, SShulman @nbpd.org SUBJECT: MOTORIZED VEHICLES ON THE BOARDWALK DISCUSSION: Background: During the last few decades there have been a variety of personalized vehicles that have emerged in the marketplace. The innovation is partially driven by higher gas prices, though many of the products are specialty designs for off -road and recreational use. For purposes of this report, I will loosely define a 'vehicle" as any device that transports one or more persons. The vehicle code definition is more technical, but for simplicity purposes this definition will suffice. Some of the vehicles discussed in this report are gas powered while others are electric. The laws governing the legal operation of these vehicles are complicated; hence, only a few Officers in the Department have a thorough understanding of all the technical differences. In addition, laws change periodically, so maintaining proficiency on this topic is challenging. Below is a list of products that we encounter on a regular basis in Newport Beach: • Miniaturized Motorcycles (called Pocket Bikes). • Motor Driven Cycles (a motorcycle having an engine with less than 150cc's). • Golf Carts (electric or gas powered). • Motorized Bicycles. • Mopeds. • Low -Speed Vehicles (similar to golf carts, but not golf carts as defined by the vehicle code). • Motorized Scooters (electric or gas). • Motorized Skateboards (electric or gas). • Motorized Quadricycles and Tricycles (usually used by the disabled or . elderly). Motorized Vehicles on the Boardwalk October 14, 2008 Page 2 • Electric Personal Assistive Mobility Devices (commonly known as Segways). • Surrey Cycles (three or four -wheel bicycles that carry one to five passengers). • Roller Skaters /Rollerbladers. Enforcing the operation of these vehicles is complicated based on the type of vehicle encountered, where it is being ridden, and who is riding it. Officers must consider: • Exactly what type of vehicle is being stopped'. • If the driver must be licensed for that type of vehicle. • If the vehicle can be legally driven in the area in which it was stopped (roadway, sidewalk, boardwalk, bike lane). • If the vehicle must be registered. • If the vehicle possesses the equipment required for operation. • If the person is of legal age to operate the vehicle. • If helmets are required by the driver and /or passenger(s). • Whether the vehicle stopped is in violation of a law (vehicle code or municipal code) based on the type of vehicle being driven. The Boardwalk in Newport Beach is restricted to bicycles, roller skaters, and pedestrians. Surreys are restricted from use on the Boardwalk. Electric personal assistive mobility devices (Segways) and motorized quadricycles and tricycles are allowed on public sidewalks, but the vehicle code requires the operators of the quadricycles and tricycles to have a physical disability. Segways may only be operated where pedestrians are allowed to walk. Therefore, they would be prohibited from riding in the street but are legal to ride on the Boardwalk. Per the Department of Public Works, the Boardwalk ranges in width from 10 feet to 15 feet, depending on the location. ENFORCEMENT The Department's five - member Officer Bicycle Unit has been the primary enforcement of pedestrian and bicycle violations that occur on the Boardwalk, though some enforcement is supplemented by Patrol and Motorcycle Officers. Bicycle Officers routinely patrol the Boardwalk and surrounding areas addressing ' Golf carts and low -speed vehicles, as defined in the vehicle code, are difficult to understand. The NBPD has unsuccessfully argued in Court that a golf cart cited in Newport Beach was not a low -speed vehicle. The Traffic Commissioner, after reviewing the case, believes the Court erred in their decision in both cases involving the same driver but has not assured us that citing the driver a third time would result in a different outcome. The driver has threatened to sue the City. Motorized Vehicles on the Boardwalk October 14, 2008 Page 3 pedestrian and bicycle violations. The statistics below demonstrate enforcement efforts for the past few years Year Violation Citations Issued 2008 Illegal Skateboarding 59 (Through 813108) 2007 Illegal Skateboarding 101 2006 Illegal Skateboarding 35 There have been a few documented collisions between pedestrians and bicycles and between bicycles and bicycles on the Boardwalk between 360" and "E" Streets. There are likely collisions that have occurred that have have not been reported. EDUCATION In recent months, the Police Department began contributing video segments for, the City's NBTV local broadcasting. Departments from across the City broadcast informational segments on their operations. In July 2008, the Police Department broadcasted a segment on DUI, Low -Speed Vehicles, and Boardwalk Safety. In September 2008, a segment on School Zone Safety, Dispatch Operations, and Community Programs was broadcast. The likelihood of reaching the visitor population with this information through this medium is low. The numbers of citations listed above (ENFORCEMENT) shows the number of citations written for one specific violation (skateboarding where prohibited). One can assume that for every citation issued, there are numerous verbal warnings given to violators in order to educate them about the ordinance. SURREY RENTALS The Bicycle Unit has established a positive rapport with the operators of the three bicycle rental businesses that rent Surrey cycles on the Balboa Peninsula. They are: • Easy -Ride Bicycle Rental, 101 Palm Street (nine rentable Surrey cycles). • World Famous Balboa Bikes N Beach, 601 East Balboa (eight Surreys for rent). • Newport Sales and Rentals, 2200 W. Oceanfront (one Surrey for rent). World Famous Balboa Bikes N Beach and Easy -Ride Bicycle Rental are in compliance with NBMC 12.56.040 that require operators to have the City's ordinance (prohibiting Surrey cycles on the City's sidewalks and Boardwalk) written on their contracts and posted on their rentable Surrey cycles. Newport Motorized Vehicles on the Boardwalk October 14, 2008 Page 4 Sales and Rentals do not note the City's ordinance on either its contract or the rentable Surrey cycle. Bicycle Officers are working with Newport Sales and Rentals to bring them into compliance. SEGWAY RENTALS • Segway Orange County, 611 East Balboa Boulevard. At this time, there is one Segway location on the Peninsula we are aware of. Because these vehicles are considered pedestrians (for enforcement purposes), they are legal to be driven on the Boardwalk. We are unaware of collision reports between these vehicles and pedestrians and /or bicyclists. It is our belief that Council has the discretion to restrict Segways from the Boardwalk, but the City Attorney would be best to advise Council on the legality of doing so. Segway Orange County states that they only offer tours and do not rent Segways without guides. RECOMMENDATIONS: The Boardwalk between "E" Street and 36`h Street is relatively narrow. It serves pedestrian, bicycle, Segway, roller skating, and rollerblading traffic in both directions. Adults and children share this walkway, and it has become increasingly more crowded over the years. There are several actions Council might consider to address congestion on the Boardwalk. Two of those actions are as follows: 1. Restrict bicycle, Segway, roller skating, and rollerblading traffic from the Boardwalk during high traffic periods of the year. If Council considered this recommendation, it should restrict such traffic from approximately May 1 through the Labor Day weekend in September. 2. Widen the existing sidewalk to accommodate traffic, or construct a parallel sidewalk that separates pedestrian traffic from all traffic with wheels. Any change to current rules or regulations governing the Boardwalk is likely to generate strong opinions from the public on both sides of the issue. Motorized Vehicles on the Boardwalk October 14, 2008 Page 5 FUNDING AVAILABILITY: There are no additional costs identified with the current enforcement of municipal codes on and around the Boardwalk. Enforcement efforts are conducted during the normal scope of an Officer's field work. Costs associated with physical changes to the Boardwalk are unknown at this time and would depend on the specific changes that were selected. ENVIRONMENTAL: There are no environmental considerations that need to be reviewed with the Boardwalk as it presently exists. Prepared by: Submitted by: Steve Shulman, Lieutenant Joh Klein Traffic Services Commander C EF OF POLICE Bike Shop Rentals and Saks Newport Beach Zclipse Huntington Beach Costa Mesa Balboa Island Corona Del Mar ;SSA - )0-1y-os 10/14/08 3:10 PM ® _. Ayers 40 lE4CN CQU1tRf t" r. Electric Bicycles Na po ~. Beach Rent Beach Cruisers Ne —or-t Beach Bike Shop Newport Beach Bicycle Rentals Newport Beach Addresss: 2210 Newport Blvd., Newport Beach CA 92663 LmaM II Phone: 949 - 675 -5010 II Email Us Mane Bikes FlerfiiC Bike■ Rentals Contact Us BEST DEALS!! I T--�]Qt I� Welcome to the Fun Zone Visitors and locals Rentals f in the Newport as 10 as p S5/hour! Beach, Balboa - Island, Huntington `:f 4 Beach, and Costa Mesa area. The fun only begins when you head on over to the Newport Beach Pier. Just as you round the corner on Newport Blvd heading South, you'll see the Zclipse sign on your left. We're right next to the Crab Cooker restaurant, and we are the "KING" of Bike Rentals, Cruiser Sales and Electric Bikes in Newport Beach!! r 3114'0 6 See us on KABC -7 News! P WE ARE THE LARGEST ELECTRIC BIKE DEALER ON THE WEST COAST!! ALL 41EW! A26 coming in September!! a, All New 'Lithium Powered ZCLIPSE Sport" (216 � ., Y \ d fb fr The Europa provides —y V , environmentally friendly economic commuting for all. Its AO lightweight construction front suspension and comfort gel seat give riders the thrill of a powerful ride with easy handling. The Europa LEV Offers unassisted power on demand for up to 20 miles- at asmtWW speed of 2Om2h The 7 speed gear shift allows for easy pedaling for a fun fitness alternative. Price: $1899 i charged up for fun. The . Europa provides...-- .....,... environmentally friendly economic commuting for all. Its s \\ / ��OO lightweight construction front suspension and comfort gel seat give riders the thrill of a powerful ride with easy handling. The Europa LEV offers unassisted power on demand for up to 20 miles' at a r+daln��q speed of 20moh The 7 speed gear shift allows for easy pedaling for a fun fitness alternative. Price: $1899 Portia - Portia This Light Electric Vehicle Is powerful fun. It's 100% This Ught Electric Vehicle Is powerful fun. It's 100% electric - s0 It's good for the environment and lets you electric - so It's good for the environment and lets you / 1' cruise past the gas pumps. It's economic so It's easy on �t 1 cruise past the gas pumps. It's economic so It's easy on your budget rC°+ Y your budget. The Portia's compact construction, front suspension The Portia's compact Construction, front suspension and gel seat give you a smooth, quiet ride that's extra and gel seat give you a smooth, quiet Ode that's extra comfortable. The Portia Is a fun and convenient riding comfortable. The Portla Is a fun and convenient riding solution for getting around town, commuting to work, solution for getting around town, commuting to work, zipping to class, or just enjoying the great outdoors zipping to class, or just enjoying the great outdoors without working up a sweat. without working up a sweat. The Portia LEV offers unassisted power on demand for The Portia LEV offers unassisted power on demand for up to 17 miles- at a cruislnp speed of 18mph. It's easy up to 17 miles* at a cruising speed of 18mph. it's easy and safe, with a step through and safe, with a step- through frame design. frame design. Price: $999 Price: $999 Frtpi11 .idlpn. Hpe i.,3 W1.I witllWe.nmluWamTnr.I,M vape 2.2