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Home My WebLink About87-12 - Amending Chapter 12.32 of the Newport Beach Municipal Code by Adding Provisions Which Give the Chief of Police the Authority to Establish Traffic Checkpoints on the Balboa Peninsula• ORDINANCE NO. 87 -12 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 12.32 OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING PROVISIONS WHICH GIVE THE CHIEF OF POLICE THE AUTHORITY TO ESTABLISH TRAFFIC CHECKPOINTS ON THE BALBOA PENINSULA. The City Council of the City of Newport Beach does hereby ordain as follows: Section 1: The provisions of Chapter 12.32 of the Newport Beach Municipal Code is hereby amended by adding the following: Section 12.32.075 Balboa Peninsula Traffic Access Control - Findines. The City Council finds and declares that: • A. The Balboa Peninsula consists of approxi- mately 350 acres of land that extends generally southerly and easterly from the intersection of Balboa Boulevard and Newport Boulevard in the City of Newport Beach. Only Balboa Boulevard and the Balboa Island Ferry provide access to the Peninsula. Balboa Boulevard is a four -lane divided roadway, with street -side and median parking. The frequency of intersections and pedestrian crossings significantly restrict the ability of Balboa Boulevard to accommodate traffic during peak periods in the spring, summer and fall. The Balboa Island Ferry, when operating at maximum capacity, can load no more than ninety (90) automobiles per hour and does not provide a viable alternate route.to and from the Peninsula during peak periods. B. The beaches along the Balboa Peninsula are heavily used during the summer, and at various times during the spring and fall. Various commercial establishments in the Central Balboa area, such as the Fun Zone and Balboa Pavilion, • also attract significant number of visitors year around. The majority of persons visiting the Peninsula beaches and businesses tend to arrive during the mid morning and leave late afternoon. There is a second significant influx of visitors to the Peninsula during late evening and night time hours. -1- Substantially all parcels on the Balboa Peninsula have been improved with residential or commercial structures. Many of these structures were built prior to the time the City adopted formal offstreet parking requirements and . do not provide adequate parking for occupants or customers. There are relatively few public and private parking lots on the Peninsula. Many visitors to the Peninsula spend a significant amount of time travelling on Balboa Boulevard and side streets in search of a parking spot and frequently no parking spaces are available for visitors and residents. C. The tremendous influx of visitors during the summer, and certain portions of the spring and fall, the limited capacity of roads and other transportation facilities, the tendency of visitors to come to, and leave, the Balboa Peninsula at approximately the same time, and the additional travel necessary to locate available parking spaces, all contribute to severe traffic congestion along Balboa Boulevard. D. Traffic congestion along Balboa Boulevard has become so severe that delays in excess of one hour have been experienced by persons attempting to enter or leave the Peninsula. This traffic congestion presents a threat to the • health, safety, and welfare of persons and property in that: 1. There is one fire station on the Peninsula. Many of the buildings on the Peninsula are wood construction, have wood siding, and /or wood shingles on the roof. Many of the structures on the Peninsula are built close to lot lines. The type of construction materials used, and the close proximity of buildings to one another, increase the probability that a fire in one structure could quickly spread to adjoining buildings. Severe traffic congestion would significantly increase the fire department response time and the damage to the involved structure and nearby buildings. 2. There is no police station on the Balboa Peninsula. Police service is provided through patrol vehicles, and, at times, the police helicopter. In the event of a serious disturbance or major crime occurring at the same time as severe congestion, police response to the scene would be • significantly delayed and the manpower necessary to quell a serious disturbance may be prevented from reaching the scene. -2- 3. There is no hospital or ambulance service on the Peninsula. In the event of a serious injury or illness, medical response would be significantly delayed during times of severe traffic congestion. Moreover, transportation of the ill or injured person to medical facilities would be delayed to the detriment of the patient. E. The City Council finds that the threat to the public health, safety and welfare brought about by severe traffic congestion along the Balboa Peninsula can be eliminated by authorizing the Chief of Police, or his or her designee, to restrict motor vehicle access to the Peninsula during times of significant traffic congestion and /or when conditions are such that severe congestion will occur if access is not restricted. Section 12.32.080 Balboa Peninsula Traffic Access Control Points - Authorization to Establish. The Chief of Police, or his or her designee, shall be authorized to establish appropriate traffic access control points along Balboa Boulevard when it is determined by a Newport Beach Police that: A. Normal movement of traffic along Balboa Boulevard will be impaired such that there is a threat to the health, safety and welfare of persons residing, working, or present in and along the Balboa Peninsula and the congestion would be eliminated or alleviated if access to the Peninsula was controlled or restricted; or B. Little or no vehicular flow is occurring along Balboa Boulevard, and a significant number of vehicles are not promptly moving when an opportunity arises to do so. The authority to establish traffic access control points shall cease at such time as reasonably flowing traffic is restored. Section 12.32.085 Exceptions. The following vehicles shall be permitted access to the Balboa Peninsula notwithstanding restrictions imposed pursuant to Section 12.32.080: isA. Authorized emergency vehicles; -3- B. Motor vehicles carrying doctors who are responding to bona fide requests of patients on Balboa Peninsula; C. Commercial vehicles making deliveries to • residences or businesses on Balboa Peninsula between the hours of 6:00 A.M. and 6:00 P.M. D. Motor vehicles occupied by persons residing on the Balboa Peninsula and /or their guests; E. The owners, employees, and customers of businesses located on the Balboa Peninsula for which parking spaces are immediately available. Section 12.32.090 Balboa Peninsula Traffic Access - Violations. When traffic access control points have been established pursuant to Section 12.32.080: A. No person shall drive a motor vehicle past a traffic access control point when one or more peace officer or traffic control officers are stationed at the location without • stopping the vehicle at the control point; B. No person shall drive a motor vehicle on to the Balboa Peninsula without the approval of a police officer stationed at the traffic control point; C. No person shall fail or refuse to immediately drive the motor vehicle under his or her control away from a traffic control point in a direction away from the Balboa Peninsula when directed to do so by a peace officer; D. No person shall park, stop, or permit to remain standing, any motor vehicle at or near any traffic control point or at any other place in any manner that impairs the vehicular pedestrian access to or from the Balboa Peninsula. Section 12.32.095 Balboa Peninsula Traffic Access - Exemptions. • The provisions of Section 12.32.090 shall not apply -4- to pedestrians or to persons riding bicycles and shall not be used for the purpose of restricting or impairing access to Balboa Peninsula by pedestrians or bicyclists. Section 3: 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. Section 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of May , 1987, and adopted on the 26th day of May , 1987, by the following vote, to -wit: AYES, COUNCILMEMBERS Cox, Hart, Maurer, Plummer, Sansone, Turner NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Strauss May ATTEST: City Clerk • -5- Section 2: All other provisions of Chapter 12.32 • shall remain in full force and effect. Section 3: 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. Section 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of May , 1987, and adopted on the 26th day of May , 1987, by the following vote, to -wit: AYES, COUNCILMEMBERS Cox, Hart, Maurer, Plummer, Sansone, Turner NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Strauss May ATTEST: City Clerk • -5-