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Home My WebLink About97-41 - Repealing Certain Provisions of Chapter 12.56 of the Newport Beach Municipal Code and Amending Provisions Pertaining to Voluntary Bicycle LicensingORDINANCE NO. - 97 -41 • ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REPEALING CERTAIN PROVISONS OF CHAPTER 12.56 OF THE NEWPORT BEACH MUNICIPAL CODE AND AMENDING PROVISIONS PERTAINING TO VOLUNTARY BICYCLE LICENSING The City Council of the City of Newport Beach hereby ordains as follows: SECTION 1: Section 12.56.010 shall be amended to read as follows: 12.56.010 Definitions. As used in this chapter, the following terms and words shall have the following meanings: "Bicycle" means any device upon which a person may ride, which is propelled by human power through a system of belts, chains or gears, and which has two wheels at least twenty (20) inches in diameter and a frame size of at least fourteen (14) inches. • "Pedicab" means any device with seating for one or more persons which is propelled by human power through a system of peddles, belts, chains or gears, and which has three wheels. "Surrey Cycle" means any device with seating for one or more persons which is propelled by human power through a system of peddles, belts, chains or gears, and which has four wheels. SECTION 2: Sections 12.56.020 is hereby repealed. SECTION 3: Section 12.56.025 "Voluntary Licensing" shall be added to read as follows: 12.56.025 Voluntary Licensing A. Any person who is a resident of the City may apply to the Police Department for a bicycle license. B. Fees for bicycle license issuance or renewal, shall be established by Resolution of the City Council. Fees shall be waived for all individuals who obtain a bicycle license or renewal at a City sponsored bicycle safety program. • Ord 97 -41 SECTION 4: Sections 12.56.030, 12.56.040, 12.56.045, 12..56.050, 12.56.060, • 12.56.070, 12.56.075, 12.56.080, 12.56.090, 12.56.100, 12.56.110, 12.56.130 are hereby repealed. SECTION 5: Sections 12.56.140 through 12.56. 190 shall be remembered as follows: 12.56.030 Operating Bicycle on Sidewalk. A. Prohibition. No person shall operate or ride a bicycle upon any sidewalk in the City. B. Exceptions. The provisions of this section shall not apply to: 1. Sidewalks on which bicycles are permitted pursuant to a resolution adopted by the City Council; 2. Tricycles, wheelchairs, or wheeled devices operated by the disabled or the elderly; 3. Rollerskates, rollerblades or skateboards or similar devices, except when • operation is prohibited by the provisions of Chapter 12.57 of this Code; 4. Tricycles which measure less than one of the following: a. Eighteen (18) inches from ground level to the neck joint, b. Twenty -four (24) inches in width measured from the outer rear wheels, C. Eighteen (18) inches in front tire diameter, or d. Twelve (12) inches in rear tire diameter. 5. To a bicycle operated by any peace officer employed by the City of Newport Beach and acting within the course and scope of his or her employment. 12.56.040 Operating a Surrey Cycle or Pedicab. A. No person shall operate or ride a surrey cycle or pedicab upon any sidewalk, boardwalk or any public pier in the City. B. Any person who operates a surrey cycle or pedicab rental service, shop or facility must inform each person who rents a surrey cycle or pedicab at the time of the • rental, in writing, of the restrictions contained in this section. Each rental surrey cycle or pedicab shall be posted to clearly inform each rider of the particular areas in the City Ord 97 -41 where surrey cycles and pedicabs are prohibited. • C. Any person who operates a surrey cycle or pedicab rental service, shop or facility, shall affix to each rented surrey cycle or pedicab, a flag of sufficient size and color to increase visibility of the surrey cycle or pedicab. The flag, which shall be of international orange or similar color, and of sufficient size to enhance the visibility of the surrey cycle or pedicab, shall be affixed so that it reaches three feet above the highest portion of the surrey cycle or pedicab. 12.56.050 Designation of Bicycle ILanes. The specified portions of the following streets are designated as bicycle lanes and shall be marked and signed in an appropriate manner. Southerly side of Cliff Drive from Kings Place to Dover Drive. Southerly side of Riverside Avenue -- Cliff Drive from Coast Highway to El Modena Avenue. Westerly side of Eastbluff Drive from Back Bay Drive to two hundred (200) feet northerly of Mar Vista Drive. • Southerly side of Vista del Sol from Vista del Oro to Eastbluff Drive. 12.56.060 Obedience to Signs. When signs are erected on any street or sidewalk giving notice that a portion of that street or sidewalk has been designated as a bicycle lane, no person shall drive, park, or operate any vehicle or any bicycle or other wheeled device or conveyance in any manner contrary to the directions posted on such signs. 12.56.070 Placement of Appropriate Signs. Whenever this Code or any ordinance or resolution of the City designates any portion of a street or sidewalk as a bicycle lane, the City Traffic Engineer shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. 12.56.080 Motorized Bicycles. The licensing requirements of this chapter are applicable to motorized bicycles as that term is defined by the California Vehicle Code. • SECTION 6: That is any, section, subsection, sentence, clause, phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall Ord 97 -41 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 City of Newport Beach held on the 24th day of November , 1997, and adopted on the 8th day of December , 1997, by the following vote, to -wit: ATTEST: CITY CLERK • AYES, COUNCILMEMBERS THOMSON, DEEAY, O'NEIL,, HEDGES, GLOVER, NOYES, MAYOR EDWARDS NOES, COUNCILMEMBERS NONE ABSENT, COUNCILMEMBERS NONE • • 0 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.. 97-41 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 Sth day of December, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, and Mayor Edwards Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of December, 1997. (Seal) Q�% w, City Clerk of the City of Newport Beach, California CERTIFICATE OF PUI;LICATION STATE OF CALIFORNIA ] COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH ] I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 97 -41 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: December 13, 1997. In witness whereof, I have hereunto subscribed my name this 19-tL day of �c.�r�.Y>� , 199 `. d I✓, City Clerk of the City of Newport Beach, California