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HomeMy WebLinkAbout2001-10 - Amending Certain Provisions of Chapter 12.54 of the Newport Beach Municipal Code Pertaining to the Operation of Scooters on the Oceanfront Boardwalk.ORDINANCE NO. 2001 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CERTAIN PROVISONS OF CHAPTER 12.54 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE OPERATION OF SCOOTERS ON THE OCEANFRONT BOARDWALK The City Council of the City of Newport Beach hereby ordains as follows: SECTION 1: Section 12.54.020 shall be amended to read as follows: 12.54.020 Definitions. As used in this Chapter, the following terms and words shall have the following meanings: (a) 'Bicyclist' shall mean any person operating any device propelled by human power through a belt, chains or gears and having one or more wheels. (b) 'Boardwalk' or "Oceanfront Boardwalk' shall mean the concrete walkway approximately twelve (12) to twenty -two (22) feet in width immediately adjacent to the sandy beach (except where the beach has been improved with parking lots, parks or school playgrounds) and extending from approximately two hundred fifty (250) feet east of E Street to 36th Street. (c) "Pass" shall mean to travel to the left of the centerline of the Boardwalk. (d) "Pedestrian" shall mean any person on foot. (e) "Rollerskater shall mean any person wearing rollerskates (as defined in Section 12.57.010(B) of this Code), rollerblades or any similar device. (f) "Scooter" shall mean any device with a "foot board" mounted between two or more wheels with an upright handle that is operated by placing one foot on the foot board and pushing with the other foot. "Scooter user' shall mean any person operating a scooter. (g) "Skateboarder' shall mean any person riding a "skateboard as that term is defined in Section 12.57.010(B) of this Code. SECTION 2: Section 12.54.030 is hereby amended to read as follows: 12.54.030 Speed Limit No bicyclist, skater, skateboarder, pedestrian or scooter user shall exceed eight (8) miles per hour while on the Boardwalk. SECTION 3: Section 12.54.040 is hereby amended to read as follows: 12.54.040 Unsafe Operation. No bicyclist, skater, skateboarder, pedestrian or scooter user shall engage in any activity on the Boardwalk that creates an unreasonable risk of injury to any person. SECTION 4: Section 12.54.050 is hereby amended to read as follows: 12.54.050 Direction of Flow /Rules of the Road. (a) All bicyclists, skaters, skateboarders, pedestrians and scooter uses 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. SECTION 5: Section 12.54.060 is hereby amended to read as follows: 12.54.060 Special Restrictions. (a) The Transportation and Development Services Manager shall post signs and install appropriate markings designating a "Walk Zone" for bicycles in the plaza at the base of the Newport Pier. The Transportation and Development Services Manager shall have the authority to establish other special restrictions on bicyclists, pedestrians, skateboarders, rollerbladers and /or scooter users such as localized speed limits less than eight miles per hour on a portion of the Boardwalk. (b) No person shall fail to comply with signs posted pursuant to subsection (a) that establish special restriction on bicyclists, pedestrians, skateboarders, rollerbladers and /or scooter users that use the Boardwalk. SECTION 6: That if any, section, subsection, sentence, clause, 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, phrases be declared unconstitutional. SECTION 7: 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 CitX of Newport Beach held on the 26th day of June 2001, and adopted on the 10 day of July 2001, by the following vote, to -wit: AYES, COUNCILMEMBERS Heffernan, .O'Neil, Ridgeway, Clover, Bromberg, Proctor, Mayor Adams NOES, COUNCILMEMBERS ABSENT, COUNCILMEMBERS MAYOR ATTEST: �[ l 29? (�2•�`C -�� CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, 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. 2001 -10 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 10th day of July 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of July 2001. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2001 -10 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: July 14, 2001. In witness whereof, I have hereunto subscribed my name this ! Vin- day of !' 2001. i City Clerk City of Newport Beach, California