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Home My WebLink About99-22 - Adding Chapter 12.55 of the Newport Beach Municiapl Code Pertaining to Upper Newport Bay Recreation and Scenic Trail• ORDINANCE NO. 99- 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 12.55 TO NEWPORT BEACH MUNICIPAL CODE PERTAINING TO UPPER NEWPORT BAY RECREATION AND SCENIC TRAIL NOW THEREFORE, the City Council of the City of Newport Beach, California HEREBY ORDAINS as follows: SECTION 1: Chapter 12.55 of Newport Beach Municipal Code is hereby added to read as follows: Sections: • 12.55.010 12.55.020 12.55.030 12.55.040 12.55.050 12.55.060 12.55.070 CHAPTER 12.55 UPPER NEWPORT BAY RECREATION AND SCENIC TRAIL Findings & Purpose Definitions Speed Limit Unsafe Activity Direction of Flow Special Restrictions Penalties 12.55.010 Findings & Purpose The City Council finds and declares that: A. The Upper Newport Bay is an ecological reserve which includes approximately 825 acres of wildlife habitat, including over 165 species of birds, 20 species of mammals, 70 species of fish, and over 200 species of native plants. It is one of the few remaining unspoiled and undeveloped habitats available to wildlife of all types. The Upper Newport Bay is an estuary, a coastal wetland where salt water from the ocean mixes with fresh water from inland sources. The estuary is a spawning ground for many fish, and a winter home for migrating birds. It acts as a filter for pollution from the inland waters and provides a buffer for floodwaters during heavy rains. • B. Within the Upper Newport Bay reserve there is currently an 18 foot wide, asphalt paved mixed -use trail shared on a daily basis by, among others, walkers, joggers, hikers, bicyclists, sight seers, birdwatchers, rollerbladers and vehicle traffic for scenic and recreational purposes at differing speeds and frequencies. There are no • dwellings on either side at the trail, no vehicular cross traffic is allowed and the trail allows for only one direction of vehicular traffic. There is a double yellow line which separates the one way vehicle traffic from other uses of the trail. C. Due to changing weather, frequency and intensity of use, changing irregularity of surface conditions due to natural settlement, drainage and erosion, stress from traffic and interaction with other controlling State and local agencies, it is difficult to inspect and maintain the trail to reduce or eliminate substantial risks of injuries to users, thus potentially exposing the City to liability. D. These provisions are necessary to protect for the health, safety and welfare of those using the trail. E. It is the purpose and intent of the City of Newport Beach to provide access to the Upper Newport Bay to promote safe recreation and scenic opportunities to users and to preserve and protect the ecological reserve and its habitat. The City Council, after due consideration of the probability and gravity of potential injuries to persons using the trail as well as the practicability and cost of protecting against the risk of such injury, has determined that the provisions of this ordinance represent reasonable measure to protect users from injury. 12.55.020 Definitions • A. "The Upper Newport Bay Recreation and Scenic Trail" shall be that asphalt paved mixed use portion of Backbay Drive adjacent to the Upper Newport Bay between Shellmaker Road on the South and Eastbluff on the North. • B. "Bicyclist" shall mean any person operating any device propelled by human power through a belt, chain or gears and having one or more wheels. C. "Pass" shall mean to travel to the left of the double yellow line of the trail. D. "Pedestrian" shall mean any person on foot. E. "Rollerskaters" shall mean any person wearing rollerskates as defined in Section 12.57.010 (B) of this code, rollerblades, or any similar device. F. "Skateboarders" shall mean any person riding a skateboard as that term is defined in Section 12.57.010(A) of this code. G. "Vehicle Operator" shall mean anyone who drives or operates a motorized vehicle of any type or size, whether a truck, car, motorcycle, motorscooter, motorized bike or any similar vehicle. 2 • 12.55.030 Speed Limit A. No bicyclist, rollerskater, skateboarder, pedestrian or vehicle operator shall exceed 15 miles per hour while on the trail. 12.55.040 Unsafe Activitv A. No bicyclist, rollerskater, skateboarder, pedestrian or vehicle operator shall engage in any activity on the trail which creates an unreasonable risk of injury to any person. 12.55.050 Direction of Flow A. No bicyclist, rollerskater, skateboarder, pedestrian or vehicle operator shall pass any other person except when it is safe to do so. B. All motor vehicles shall keep to the right of the double yellow line. 12.55.060 Special Restrictions A. The traffic engineer shall have the authority to establish other special restrictions on bicyclists, vehicles, pedestrians, skate boarders, and /or roller skaters • such as localized speed limits less than 15 miles per hour. B. No person shall fail to comply with signs posted pursuant to subsection (A) that establish special restrictions on vehicles, bicyclists, pedestrians, skate boarders and /or rollerskaters using the trail. 12.55.070 Penalties A. Not withstanding any other provisions of this code, any person violating the provisions of Section .030, .050, or .060 shall be guilty of an infraction, punishable by a fine not to exceed $50.00. B. Any person violating the provisions of Section .040 shall be guilty of a misdemeanor, punishable by a fine not to exceed $500.00 provided. However, the violation may be prosecuted as infraction pursuant to the provisions of Section 1.04.010 (A) of the Newport Beach Municipal Code. SECTION 2: That 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. '43 • 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. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of August 1999, and adopted on the 23rd day of August , 1999, by the following vote, to -wit: • ATTEST: AYES, COUNCILMEMBERS Adams, Glover, Thomson, b6bay, Noyes, Mayor O'Neil NOES, COUNCILMEMBERS None ABSENT, COUNCILMEMBERS Ridgeway F:\ users\ cat\shared\dalOrdinance \NBayScen icTrail\070799.doc � J 4 • 0 • STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, Deputy City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 98 -22 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 2V day of August, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Noyes, and Mayor O'Neil Noes: None Absent: Ridgeway Abstain: None (Seal) IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of August, 1999. _M 441� Q. Deputy City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, Deputy City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 98 -22 has been duly and regularly published according to law and the order of the City Council of said City and that same; was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit August 28, 1999. In witness whereof, I have hereunto subscribed my name this 1998. Deputy City Clerk City of Newport Beach, California day of