HomeMy WebLinkAboutSS3 - Consideration of Prohibiting Motorized Uses on Boardwalk - Handoutossa- a-ii-zo
February 11, 2020
PLEASE DISTRIBUTE AND ENTER INTO THE PUBLIC RECORD IN CONNECTION WITH THE CITY COUNCIL
STUDY SESSION OF FEBRUARY 11,2020 -ITEM SS3.
Mayor and City Council Members:
As members of the City's coastal community, we are writing to express our support for, Prohibition of
Motorized Uses on the Oceanfront Boardwalk, which is being considered at the February 11th City
Council Study Session.
There has been continued increase in the volume and type of motorized uses on the Oceanfront
Boardwalk along the Balboa Penninsula. This increase,in combination with the ever-increasing number
of people of all ages residing in and visiting the coastal community, has resulted in an unsafe situation
for persons of all ages.
In addition, these motorized uses through their design and operation offer limited ability to steer ,stop
or control speed.There has been an increase in accidents, resulting in injury , including in our elementary
school through seniors populations.
The result is an untenable amount of what amounts to motorized vehicular traffic going at speeds far
greater than that of pedestrians, bicyclers and people crossing the boardwalk to and from the beach.The
condition has led to residents and the public not wanting to use the boardwalk .
Most coastal cities prohibit motorized uses on their waterfront boardwalks.( The one exception is
legitimate ADA sit-down self -powered wheelchairs.)
We respectfully request that the Council move forward decisively to restore this precious resource and
a safe situation to our oceanfront boardwalks.
Sincerely,
peQ_,,6
"ZI
o ce"rCt
� AXA
By CHRISTOPHER RBYIBOLDS
In August, U.S. Interior Secre-
tary David Bernhardt issued an
order to increase a -bike access to
Land controlledby the Department
:�f the Interior, including national
darks and wildlife refuges. A day
ater, the National Park Service is-
,ued a policy ;=nemorandum direct-
parks to ef;nlp]y as soon € s pos-
;ible.
hn spe&± joltt on those NUtea
;s often L5 mpab, a rate that bath
finds of bikes routillely surpass
vhen heading downhill-
4
ownhill•
s1 the Santa Monk s
tre all bilin
uce allowed everywhere tha
notorless mountain bikes ani
oadbikes 90-
MART i N
DEREK
310.493.0619
lbod, CA 92661
ikes.cotn
djacent to Balboa Pier
"U
W1-4URE
4"A 1
February 11, 2020
Item No. SS3
NOW
'; TO KNOW
-bikes may be coming
o national parks, trails
Motorized electric bicycles may soon be humming
their Way intp Irfegulaur
nat„�tk•
under a ne f ra stmtion order -- opposed b
o ►rpsi— allowing a -Dikes on every fed-
eraltra]twhere bike can go.
es some aging or less
fit
rior Secretary David Bernhardt sign a order
without fanfare late last month, classifying a -bikes as
nonmotorizedbikes. operate abicycle
e �Wa to
has expanded access to recreational opportunities," the
order said.
ALL SYSTEMS GO
Las Vegaas
gets easier
0
to navigate
ByYomi S. WRUNG
Wheeling on vacation?
You're in luck. Las Vegas is
one of the easiest places to
visit while using a mobility
device.
I've made several trips to
Las Vegas in the last three
decades and access improves
each time. There is more to
be done, but there are more
workarounds. For instance,
you can avoid traffic by using
pedestrian bridges to cross
the busy Las Vegas Strip.
Much of what Vegas has is
disability -friendly. Mere are
the basics or a refresher
course for staying on the go.
When you land
There are several ways to
request wheelchair service at
McCarran International Air-
port. As always, it's best to re-
quest anything you need in
advance through your airline.
You can request a wheelchair
or you can ask for someone to
assist you in yours.. ,
To request a wheelchair:
m On-site — dial 7874 on any
courtesy phone in the termi-
nal or use the information
booths.
Joan THAX
:SAS VEGAS, including the Strip, is accessible for those using mobility
56188 Federal Register/Vol. 75, No. 178/Wednesday, September 15, 2010 / Rules and Regulations
provide sufficient mobility. Those citing
objections to the intended use determinant
Transportation's definition of "common
wheelchair" are not a good fit in the context
definition of "wheelchair" contained in
section 508(c)(2) applicable
indicated it would be more appropriate to
make the categorization determination based
of most public, entities. The Department
noted in the NPRM that it sought a
only to the
specific context of uses in designated
wilderness areas, and therefore does
on whether the device is being used for a
mobility disability in the context of the
vti ` i';._
tnannalltx+rriiold
not
compel the use of that definition for any
impact of its use in a specific environment.
Some of these commenters preferred this
.,
wh"Ach*w MCI MUMMY NZWOM (ger„ thttar:
that hWally are slrtglata Wr, havo three to
other purpose. Moreover, the Department
maintains that limiting the definition to
devices suitable for use in an "indoor
approach because it would allow the
Segways� PT to be included in the definition
four il=ls, amd aro Ap pritttia far lxrth
indoor aiA outdnar jlird Irian areu ),
pedestrian area" as provided for in section
of "wheelchair."
Many environmental and government
as wall
as it vrtriijty of types of wheelchairs and
idt bilityx scooters with Individualized sits
508(c)(2) of the ADA, would ignore the
technological advances in wheelchair design
that have occurred since the ADA went into
commenters were inclined to categorize
mobility devices by the way in which they
ri illus frh-ttumm. or models with different
11u1911r A (if wh"la. The NPRM defined a
effect and that the inclusion of the phrase
"indoor pedestrian area" in the definition
are powered, such as bat eery -powered
engines versus fuel or combustion erg{nes,
wheelchair as `a device designed solely for mobility
use by an individual with a mobil
of
by individuals with "wheelchair" would set back progress made
mobility disabilities
One commenter suggested using exhaust
level as the determinant. Although there
impairment for the primary purpose of
locomotion in typical indoor and outdoor
who, for many years now, have been using
devices designed for locomotion in indoor
were only a few commenters who would
make the determination based on indoor or
pedestrian areas. A wheelchair may be
manually -operated or power -driven." 73 FR
and outdoor settings. The Department has
concluded that same rationale applies to
outdoor use, there was nearly universal
support for banning the indoor use of devices
34466, 34479 (June 17, 2008). Although the
NPRM's definition of "wheelchair" excluded
placing limits on the size, weight, and
dimensions of wheelchairs.
that are powered by fuel or combustion
engines.
mobility devices that are not designed solely
With regard to the term "mobility
A few commenters thought it would be
appropriate to
for use by individuals with mobility
disabilities, the Department, noting that the
impairments," the Department intended a
broad reading so that a wide range of
categorize the devices based
on their maximum speed. Others objected to
use of the Segway% PT' by individuals with
mobility disabilities is on the
disabilities, including circulatory and
this approach, stating that circumstances
upswing,
inquired as to whether this device should be
respiratory disabilities, that make walking
difficult impossible,
should dictate the appropriate speed at
which mobility devices should be operated—
included in the definition of "wheelchair."
Many environment and Federal
or would be included. In
response to comments on this issue, the
Department has revisited the issue loss
for example,,a faster speed may be safer
when crossing streets than it would be for
government employee commenters objected
to the Department's definition
and
concluded that the most apt term to a
chieve
"mobility
sidewalk use—and merely because a device
('an go a certain speed does not mean it will
proposed of
"wheelchair" because it differed from the
definition of "wheelchair" found in
this intent is disability."
In addition, the Department has decided
he operated at that spend.
The Department has derided to maintain
section
508(c)(2) of the ADA—a definition used in
the statute only in connection
that it is more appropriate to use the phrase
"primarily" designed for use by individuals
the device's intended use as the appropriate
determinant for which devices are
with a
provision relating to the use of a wheelchair
in a designated wilderness See
with disabilities in the final rule, rather than
"solely" designed for use by individuals with
categorized as "wheelchairs." However,
because wmay be intended for use
area. 42
U.S.C. 12207(c)(1). Other government
disahihfies—the phrase proposed in the
NPRM. The Department believes that thiswheelchairs
by individuals who have temporary
conditions affecting mobility, the Department
commenters associated with environmental
issues wanted the phrase "outdoor pedestrian
phrase more accurately covers the range of
devices the Department intends to fall within
has decided that. it Is more appropriate to use
"primarily
use" eliminated from the definition of
"wheelchair." Some transit system
the definition of "wheelchair."
After receiving comments that the
the phrase designed" rather than
"solely designed" in making such
commenters wanted size, weight, and
dimensions to be part of the definition
word
"typical" is vague and the phrase "pedestrian
categorizations. The Department will not
foreclose any future technological
because of concerns about costs associated
with having to accommodate devices
areas" is confusing to apply, particularly in
the context of similar, but not identical,
developments by identifying or banning
specific: devices or setting restrictions on
that
exceed the dimensions of the "common
wheelchair" upon which the 2004 ADAAG
terms used in the proposed Standards, the
Department decided to delete the term
"typical
size, weight, or dimensions. Moreover,
devices designed primarily for use by
was based.
Many advocacy, nonprofit, individual
indoor and outdoor pedestrian areas"
from the final rule.1ntsteatj, thea Rn+si title
"{nslcxir
individuals with mobility disabilities often
are considered to be medical devices and are
and
commenters indicated that as long as the
Department intends the scope of the tern
roferoncts; fir of bath Indoor and
ouldoor locowgooq lUake clear sitar ter,
cle r
devices
generally eligible for insurance
reimbursement on this basis. Finally, devices
"mobility impairments" to include other
disabilities that cause mobility impainuents
that sire tie tbat
"evhiteSli:lialr"0r#i'those {het exit ninon o
locomotlon cin Indoor and
designed primarily for use by individuals
with mobility disabilities are less subject to
fraud
(e.g., respiratory, circulatory, stamina, etc.),
they were in support of the language. Several
nutdjM)r pedestrian
baths inr routeii and not those, that are
fntbncim! tixclusivol,y till, ttavrmillig
concerns because they were not
designed to have a recreational component.
commenters indicated a preference for the
definition of "wheelchair" in section
utlrleflotil, nnl,rit{utrrr+(, or uuiuprovecl paths
or rmrtoo. Thus, ttre fiscal Ude 3jefi
Consequently, rarely, if ever, is any inquiry
or assessment as to their appropriateness for
508(c)(2) of the ADA. One commenter
indicated a preference for the term "assistive
w the
iwrm "whoolchair" to mean "a manually -
operated or device destat]
use in a public; entity necessary.
Definition of "wheelchair." in seeking
device," as it is defined in the Rehabilitation
Act of t973, over the term "wheelchair." A
iniwer-drivap
primarily for um by an Individual with a
rnoltiIity ilisailrIlity far tea main
public feedback on the NPRM's definition of
"wheelchair," the Department explained its
few commenters indicated that strollers
should be added to the preamble's list of
{aurpose of
indoor its of both indoor and outdoor
locomotion."
concern that the definition of "wheelchair" in
section 508(c)(2) of the ADA (formerly
examples of wheelchairs because parents of
children with disabilities frequently
Whether the definition of"wheelchair"
includes
section 507(e)(2), July 28, 1990, 104 Stat. 372,
42 U.S.C. 12207, renumbered section
use
strollers as mobility, devices until their
children get older.
the Segway" PT. As discussed
above, because individuals with mobility
508(c,)(2), public Law 110-325 section 6(a)(2),
Sept. 25, '2008,122 Stat. 3558), which
In the final rule, the Department has
rearranged some wording and has
disabilities are using the Segways PT as a
mobility device, the Department asked
pertains to Federal wilderness areas, is not
specific enough to provide clear guidance in
made some
changes in the terminology used in the
definition "wheelchair,"
whether it should be included in the
definition of "wheelchair." The basic
the array of settings covered by title Il and
that the stringent size and weight
of but essentially has
retained the definition, and therefore the
rationale, that was set forth in the NPRM.
Segway* PT model is a two -wheeled,
gyroscopically -stabilized, battery -powered
personal transportation device.
requirements for the Department of
Again, the text of the ADA makes the
The user
stands on a platform suspended three inches