Loading...
HomeMy WebLinkAbout03 - Oceanfront Boardwalk Safety ProgramCITY OF NEWPORT BEACH July 24, 2001 CITY ATTORNEY'S OFFICE Agenda Item 3 TO MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT BURNHAM, CITY ATTORNEY RE MODIFICATIONS TO CHAPTER 12.54 In 1991, the City Council adopted Chapter 12.54 (Ordinance) thereby implementing the Oceanfront Boardwalk Safety Program. The Ordinance required, among other things, pedestrians, bicyclists and skateboarders to abide by certain rules while using the Boardwalk. In 1992, the City Council adopted the first of a series of resolutions prohibiting skateboarding on the Boardwalk and signs to that effect have been posted since the first resolution was adopted. However, we did not modify the Ordinance to delete the reference to skateboarders. The proposed amendments to the Ordinance make Chapter 12.54 consistent with the Council resolutions prohibiting skateboarding on the Boardwalk. RECOMMENDATION Introduce the proposed amendments to Chapter 12.54 and pass the amendments to August 14, 2001 for second reading and adoption. r Robert H. Burnham F:\users\cat\shared\da\CCmemo\OceanBoardwalkSafetyProg.doe ORDINANCE NO. 2001- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 12.54.010, 12.54.020, 12.54.030, 12.54.040, 12.54.050 AND 12.54.060 OF TITLE 12 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO OCEANFRONT BOARDWALK SAFETY PROGRAM The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code sections are amended to read, in full, as follows: SECTION 1: Section 12.54.010 of Chapter 12.54 is amended to read as follows: Section 12.54.010 Purpose and Intent. The purpose and intent of this chapter is to insure the safety of persons using the Oceanfront Boardwalk while maximizing the recreational opportunities available to users. The restrictions and limitations on bicyclists, skaters, skatebeafdeps and others are the result of extensive analysis by the Oceanfront Boardwalk Citizens Advisory Committee, City staff and a professional traffic consultant. The City Council has determined that the provisions of this ordinance represent all of the reasonable measures that can be implemented to protect users from the risk of injury. The Citv Council has made this determination; after due consideration of the probability and gravity of potential injuries to persons and property using the Bboardwalk as well as the practicability and cost of implementing measures that would protecting against the risk of such iniuN, h.+s determiner! that the nrnvis lens of this erltin^n^e represent all of the SECTION 2: Section 12.54.020 of Chapter 12.54 is amended to read as follows Section 12.54.020 Definitions. "Bicyclist" shall mean 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" shall mean the concrete walkway approximately twelve (12) to twenty -two (22) feet in width that is - immediately adjacent to the sandy ocean beach (except where the beach has been improved with Parking lots, parks or school playgrounds) and that runs and NdeR 11n^ from 36 h Street to a oint „pre„ imatel., tw h ,ndFed fifty (25O fee+ oast of E Street .to 36th Street The "Pass" shall mean to travel to the left of the centerline of the Bboardwalk. "Pedestrian" shall mean any person on foot. "Rollerskatee' shall mean any person wearing rollerskates as defined in Section 12.57.010(8) of this Code, Rollerblades, or any similar device. SECTION 3: Section 12.54.030 of Chapter 12.54 is amended to read as follows: Section 12.54.030 Speed Limit. No bicyclist, skater skateknamer or pedestrian shall exceed eight miles per hour SECTION 4: Section 12.54.040 of Chapter 12.54 is amended to read as follows: Section 12.54.040 Unsafe Operation. No bicyclist, skater, skatebeardw r pedestrian shall engage in any activity on the Bboardwalk that wbj,. creates an unreasonable risk of injury to any person. SECTION 5: Section 12.54.050 of Chapter 12.54 is amended to read as follows: Section 12.54.050 Direction of Flow /Rules of the Road. A. All bicyclists, skaters_, skateboardeF6.and pedestrians shall keep to the right of the centerline of the Bboardwalk 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 SECTION 6: Section 12.54.060 of Chapter 12.54 is amended to read as follows: Section 12.54.060 Special Restrictions. A. The Traffic Engineer shall post signs and install appropriate markings designated a "Walk Zone" for bicycles 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; skatebeaFde�s, and /or rollerskaters such as localized speed limits less than eight miles per hour. B. No person shall fail to comply with signs posted pursuant to subsection (A) that establish special restrictions on bicyclists, pedestrians; wand /or rollerskaters using the boardwalk. SECTION 7: Section 12.54.070 of Chapter 12.54 is amended to read as follows: Section 12.54.070 Penalty. A. Notwithstanding any other provision of this Code, any person violating the provisions of Section 12.54.030, 12.54.050, or 12.54.060 shall be guilty of an infraction, punishable by a fine not to exceed fifty dollars ($50.00). 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 the Newport Beach Municipal Code. K SECTION 8: 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. SECTION 9: 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 of the City, and it shall be effective thirty (30) days after its adoption. SECTION 10: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the. 10th day of July, 2001, and adopted on the _ day of 2001, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MA ATTEST: CITY CLERK F:luserslcattsharedlda\Ordi nance\Ocean FrontBoard WalkSafetyProg.doc 3