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SECTION 4: Section 12.54.040 of Chapter 12.54 is amended to read as follows: <br />Section 12.54.040 Unsafe Operation. <br />No bicyclist, rollerskater or pedestrian shall engage in any activity on the Boardwalk that <br />creates an unreasonable risk of injury to any person. <br />SECTION 5: Section 12.54.050 of Chapter 12.54 is amended to read as follows: <br />Section 12.54.050 Direction of Flow /Rules of the Road. <br />A. All bicyclists, rollerskaters and pedestrians shall keep to the right of the centerline <br />of the Boardwalk except when passing. <br />B. No person shall pass any other person except when it is safe to do so. <br />C. No person shall pass any other person when there is a solid single or double <br />centerline. <br />SECTION 6: Section 12.54.060 of Chapter 12.54 is amended to read as follows: <br />Section 12.54.060 Special Restrictions. <br />A. The Traffic Engineer shall post signs and install appropriate markings designated <br />a "Walk Zone" for bicycles in the plaza at the base of the Newport Pier. The <br />Traffic Engineer shall have the authority to establish other special restrictions on <br />bicyclists, pedestrians and /or rollerskaters such as localized speed limits less <br />than eight miles per hour. <br />B. No person shall fail to comply with signs posted pursuant to subsection (A) that <br />establish special restrictions on bicyclists, pedestrians and /or rollerskaters using <br />the boardwalk. <br />SECTION 7: Section 12.54.070 of Chapter 12.54 is amended to read as follows: <br />Section 12.54.070 Penalty. <br />A. Notwithstanding any other provision of this Code, any person violating the <br />provisions of Section 12.54.030, 12.54.050, or 12.54.060 shall be guilty of an <br />infraction, punishable by a fine not to exceed fifty dollars ($50.00). <br />B. Any person violating the provisions of Section 12.54.040 shall be guilty of a <br />misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00) <br />provided, however, the violation may be prosecuted as an infraction pursuant to <br />the provisions of Section 1.04.010(A) of the Newport Beach Municipal Code. <br />SECTION 8: If any section, subsection, sentence, clause or phrase of this ordinance is, <br />for any reason, held to be invalid or unconstitutional, such decision shall not affect the <br />validity or constitutionality of the remaining portions of this ordinance. The City Council <br />hereby declares that it would have passed this ordinance, and each section, subsection, <br />clause or phrase hereof, irrespective of the fact that any one or more sections, <br />subsections, sentences, clauses and phrases be declared unconstitutional. <br />7 <br />