HomeMy WebLinkAbout04 - Amending Chapter 12.54 of the NBMC Pertaining to the Oceanfront Boardwalk Safety ProgramQ �EwPpRT
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<,FORN'P City Council Staff Report
October 13, 2020
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Brad Sommers, Principal Civil Engineer
bsommers@newportbeachca.gov
PHONE: 949-644-3326
TITLE: Ordinance No. 2020-24
Beach Municipal Code
Safety Program
ABSTRACT:
Amending Chapter 12.54 of the Newport
Pertaining to the Oceanfront Boardwalk
At the September 22, 2020 City Council meeting, the City Council introduced and
conducted the first reading of Ordinance No. 2020-24 amending Chapter 12.54
(Oceanfront Boardwalk Safety Program) of the Municipal Code, revising definitions to
include new and emerging motorized transportation devices and to increase the fine
related to violations of Chapter 12.54.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Conduct second reading and adopt Ordinance No. 2020-24, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Chapter 12.54 of Title 12
of the Newport Beach Municipal Code Pertaining to the Oceanfront Boardwalk Safety
Program.
FUNDING REQUIREMENTS:
There is no fiscal impact related to Adoption of Ordinance 2020-24.
DISCUSSION:
A Public Hearing for Ordinance 2020-24 was held at the September 22, 2020 City Council
meeting. Upon completion of the hearing, City Council introduced and completed the first
reading of the Ordinance, including revised language approved during the discussion.
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Ordinance No. 2020-24: Oceanfront Boardwalk Safety Program
October 13, 2020
Page 2
Ordinance 2020-24 amends Municipal Code Chapter 12.54 (Oceanfront Boardwalk
Safety Program), incorporating the following changes:
Update definitions and language to include new and foreseeable motorized
transportation devices, including electric bicycles, to ensure regulations within the
section apply to users of these conveyances; and
2. Increase the maximum fine related to violation of Oceanfront regulations from
$50.00 to $200.00 to further discourage poor user behavior. This increase applies
to violations of Sections 12.54.025 (Motorized Scooters), 12.54.030 (Speed Limit),
12.54.050 (Direction of Flow/Rules of the Road) and 12.54.060 (Special
Restrictions).
Staff requests City Council conduct a second reading and adopt Ordinance No. 2020-24.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Ordinance No. 2020-24
4-2
ATTACHMENT A
ORDINANCE NO. 2020-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA AMENDING CHAPTER
12.54 OF TITLE 12 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO THE OCEANFRONT
BOARDWALK SAFETY PROGRAM
WHEREAS, the California Vehicle Code provides local agencies the authority to
regulate by ordinance the operation of motorized bicycles, motorized electric boards, electric
bicycles and motorized scooters;
WHEREAS, the City of Newport Beach's Boardwalk ("Boardwalk") and its
surrounding area attract a high number of residents and tourists year-round, with significant
increases during the summer season, weekends and holidays;
WHEREAS, given the number of pedestrians on the Boardwalk, regulating the speed
limit, direction of flow and unsafe operation of motorized bicycles, motorized electric boards,
electric bicycles, motorized scooters or any other motorized devices that California state law
permits local agencies to regulate (hereinafter referred to as "motorized transportation
devices"), will promote the safe and efficient use of the Boardwalk; and
WHEREAS, the City Council desires to regulate the speed limit, direction of flow and
unsafe operation of all motorized transportation devices for the purpose of promoting the
safe and efficient use of the Boardwalk for pedestrians, including seniors, persons with
disabilities and others using the Boardwalk.
NOW, THEREFORE, the City Council of the City of Newport Beach, California,
hereby ordains as follows:
Section 1: Chapter 12.54 of the Newport Beach Municipal Code is hereby
amended to read as follows:
Chapter 12.54 OCEANFRONT BOARDWALK SAFETY PROGRAM
Sections:
12.54.010
Purpose and Intent.
12.54.020
Definitions.
12.54.025
Motorized Scooters.
12.54.030
Speed Limit.
12.54.040
Unsafe Operation.
12.54.050
Direction of Flow/Rules of the Road.
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Ordinance No. 2020-24
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12.54.060 Special Restrictions.
12.54.070 Penalty.
12.54.010 Purpose and Intent.
The purpose and intent of this chapter is to promote the safety of persons using the
Oceanfront Boardwalk while maximizing the recreational opportunities available to users.
The City Council has determined that the provisions of this chapter represent reasonable
measures that can be implemented to promote the safe and efficient use of the
Boardwalk. The City Council has made this determination after due consideration of the
probability and gravity of potential injuries to persons and property as well as the
practicability and cost of implementing measures that would protect against the risk of
such injury.
12.54.020 Definitions.
As used in this chapter, the following terms and words shall have the following meanings
"Bicyclist" means 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" means the concrete walkway approximately
twelve (12) to twenty-two (22) feet in width 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.
"Electric bicycle" has the same meaning as defined in California Vehicle Code Section
312.5.
"Electrically motorized board" has the same meaning as defined in California Vehicle
Code Section 313.5.
"Motorized bicycle" has the same meaning as defined in California Vehicle Code Section
406.
"Motorized scooter" has the same meaning as defined in California Vehicle Code Section
407.5.
"Motorized transportation device" means any motorized device used for personal
transportation, whether rented or owned, and includes any electric bicycle, electrically
motorized board, motorized bicycle, and motorized scooter as defined in this Section
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Ordinance No. 2020-24
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12.54.020, as well as any other motorized device that California state law permits local
agencies to regulate.
"Pass" means to travel to the left of the centerline of the Boardwalk.
"Pedestrian" means any person on foot.
"Rollerskater" means any person wearing rollerskates as defined in Section 12.57.010(B)
of this Code, rollerblades or any similar device.
12.54.025 Motorized Scooters.
No person(s) shall operate or ride a motorized scooter upon the Boardwalk.
12.54.030 Speed Limit.
No person using the boardwalk shall exceed eight miles per hour while on the Boardwalk.
12.54.040 Unsafe Operation.
No person using the Boardwalk shall engage in any activity on the Boardwalk that creates
an unreasonable risk of injury to any person.
12.54.050 Direction of Flow/Rules of the Road.
A. Any person using the Boardwalk 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.
12.54.060 Special Restrictions.
A. The Traffic Engineer shall post signs and install appropriate markings designating a
"Walk Zone" for bicycles and motorized transportation devices 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, motorized transportation device users and/or
rollerskaters such as localized speed limits less than eight miles per hour.
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Ordinance No. 2020-24
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B. No person shall fail to comply with signs posted pursuant to subsection (A) that
establish special restrictions on bicyclists, pedestrians, motorized transportation device
users and/or rollerskaters using the Boardwalk.
12.54.070 Penalty.
A. Notwithstanding any other provision of this Code, any person violating the provisions
of Sections 12.54.025, 12.54.030, 12.54.050 or 12.54.060 shall be guilty of an infraction,
punishable by a fine not to exceed two hundred dollars ($200.00).
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 this Code.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: 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, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
Section 5: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
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Ordinance No. 2020-24
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Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar 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 22nd day of September, 2020, and adopted on the 13th
day of October, 2020, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI 1. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, C! ATTORNEY