HomeMy WebLinkAbout2001-16 - 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.ORDINANCE NO. 2001 -16
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, rollerskaters 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 City Council has made this
determination after due consideration of the probability and gravity of potential injuries
to persons and property using the Boardwalk as well as the practicability and cost of
implementing measures that would protect against the risk of such injury,
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 from 36th Street to a point east of E Street. The
Boardwalk is designated as West Ocean Front and East Ocean Front on the official City
atlas.
"Pass" shall mean to travel to the left of the centerline of the Boardwalk.
"Pedestrian" shall mean any person on foot.
"Rollerskater" shall mean any person wearing rollerskates as defined in Section
12.57.010(B) 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, rollerskater 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, rollerskater or pedestrian shall engage in any activity on the Boardwalk that
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, rollerskaters and pedestrians 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 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 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 and /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.
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.
7
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 24th day of July, 2001, and adopted on the 14th
day of August, 2001, by the following vote, to wit:
AYES, COUNCILMEMBERS Heffernan, .O'Neil,
Bromberg, Proctor, Mayor Adams
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS Ridgeway, Glover
MA'
ATTEST:
3
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 -16 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
14th day of August 2001, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, O'Neil, Bromberg, Proctor, Mayor Adams
Noes: None
Absent: Ridgeway, Glover
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of August 2001.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2001 -16 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 18, 2001.
In witness whereof, I have hereunto subscribed my name this .74 day of
2001.
City Clerk
City of Newport Beach, California