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Home My WebLink About07 - Upper Newport Bay Recreation and Scenic TrailAugust 9, 1999 AGENDA ITEM NO. 6 CITY OF NEWPORT BEACH COMM AGERPIA OFFICE OF THE CITY ATTORNEY 20o. - aW)c August 9, 1999 TO: Mayor and Members of the City Council FROM: Daniel K. Ohl, Deputy City Attorney RE: UPPER NEWPORT BAY RECREATION AND SCENIC TRAIL Background: During the closure of the Back Bay, numerous members of the public continued to enter and use the Back Bay on a daily basis despite signs and fences indicating the area was closed. The City's efforts to perform routine cleaning and maintenance were greatly restricted in some instances and flatly prohibited by other agencies in other aspects. This exposed the City to potential liability for the conditions presented. Recent Court decisions have expanded the scope of immunity available to public entities for the physical condition of trails which provide access to recreation or scenic areas, or, trails which are used for recreation and scenic purposes. By specifically designating the Back Bay as a trail, the proposed Ordinance would allow the City to continue to provide public access to the Back Bay and at the same time allow the City to take advantage of the expanded immunity, thus reducing the potential exposure to liability for injuries. The proposed Ordinance has been circulated among various departments for review, input and approval. Recommendation: We recommend that the City Council introduce and approve the proposed ordinance and pass to second reading on Au ust 213, 199 W4 Daniel K. Ohl, Deputy City Att mey DKO:da Attachment F:Yn mU; aftheredlCCmereoWBayScenicTretl070799 .doc ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 12.55 TO NEWPORT BEACH MUNICIPAL CODE PERTAINING TO UPPER NEWPORT BAY RECREATION AND SCENIC TRAIL NOW THEREFORE, the City Council of the City of Newport Beach, California HEREBY ORDAINS as follows: SECTION 1: Chapter 12.55 of Newport Beach Municipal Code is hereby added to read as follows: CHAPTER 12.55 UPPER NEWPORT BAY RECREATION AND SCENIC TRAIL Sections: 12.55.010 Findings & Purpose 12.55.020 Definitions 12.55.030 Speed Limit 12.55.040 Unsafe Activity 12.55.050 Direction of Flow 12.55.060 Special Restrictions 12.55.070 Penalties 12.55.010 Findings & Purpose The City Council finds and declares that: A. The Upper Newport Bay is an ecological reserve which includes approximately 825 acres of wildlife habitat, including over 165 species of binds, 20 species of mammals, 70 species of fish, and over 200 species of native plants. It is one of the few remaining unspoiled and undeveloped habitats available to wildlife of all types. The Upper Newport Bay is an estuary, a coastal wetland where salt water from the ocean mixes with fresh water from inland sources. The estuary is a spawning ground for many fish, and a winter home for migrating birds. It acts as a filter for pollution from the inland waters and provides a buffer for floodwaters during heavy rains. B. Within the Upper Newport Bay reserve there is currently an 18 foot wide, asphalt paved mixed -use trail shared on a daily basis by, among others, walkers, joggers, hikers, bicyclists, sight seers, birdwatchers, rollerbladers and vehicle traffic for scenic and recreational purposes at differing speeds and frequencies. There are no dwellings on either side at the trail, no vehicular cross traffic is allowed and the trail allows for only one direction of vehicular traffic. There is a double yellow line which separates the one way vehicle traffic from other uses of the trail. C. Due to changing weather, frequency and intensity of use, changing irregularity of surface conditions due to natural settlement, drainage and erosion, stress from traffic and interaction with other controlling State and local agencies, it is difficult to inspect and maintain the trail to reduce or eliminate substantial risks of injuries to users, thus potentially exposing the City to liability. D. These provisions are necessary to protect for the health, safety and welfare of those using the trail. E. It is the purpose and intent of the City of Newport Beach to provide access to the Upper Newport Bay to promote safe recreation and scenic opportunities to users and to preserve and protect the ecological reserve and its habitat. The City Council, after due consideration of the probability and gravity of potential injuries to persons using the trail as well as the practicability and cost of protecting against the risk of such injury, has determined that the provisions of this ordinance represent reasonable measure to protect users from injury. 12.55.020 Definitions A. "The Upper Newport Bay Recreation and Scenic Trail" shall be that asphalt paved mixed use portion of Backbay Drive adjacent to the Upper Newport Bay between Shellmaker Road on the South and Eastbluff on the North. B. "Bicyclist' shall mean any person operating any device propelled by human power through a belt, chain or gears and having one or more wheels. C. "Pass" shall mean to travel to the left of the double yellow line of the trail. D. "Pedestrian" shall mean any person on foot. E. "Rollerskaters" shall mean any person wearing rollerskates as defined in Section 12.57.010 (B) of this code, rollerblades, or any similar device. F. "Skateboarders" shall mean any person riding a skateboard as that term is defined in Section 12.57.010(A) of this code. G. "Vehicle Operator" shall mean anyone., who drives or operates a motorized vehicle of any type or size, whether a truck, car, motorcycle, motorscooter, motorized bike or any similar vehicle. 2 12.55.030 Seed Limit A. No bicyclist, rollerskater, skateboarder, pedestrian or vehicle operator shall exceed 15 miles per hour while on the trail. 12.55.040 Unsafe Activity A. No bicyclist, rollerskater, skateboarder, pedestrian or vehicle operator shall engage in any activity on the trail which creates an unreasonable risk of injury to any person. 12.55.050 Direction of Flow A. No bicyclist, rollerskater, skateboarder, pedestrian or vehicle operator shall pass any other person except when it is safe to do so. B. All motor vehicles shall keep to the right of the double yellow line. 12.55.060 Special Restrictions A. The traffic engineer shall have the authority to establish other special restrictions on bicyclists, vehicles, pedestrians, skate boarders, and /or roller skaters such as localized speed limits less than 15 miles per hour. B. No person shall fail to comply with signs posted pursuant to subsection (A) that establish special restrictions on vehicles, bicyclists, pedestrians, skate boarders and /or rollerskaters using the trail. 12.55.070 Penalties A. Not withstanding any other provisions of this code, any person violating the provisions of Section .030, .050, or .060 shall be guilty of an infraction, punishable by a fine not to exceed $50.00. B. Any person violating the provisions of Section .040 shall be guilty of a misdemeanor, punishable by a fine not to exceed $500.00 provided. However, the violation may be prosecuted as infraction pursuant to the provisions of Section 1.04.010 (A) of the Newport Beach Municipal Code. SECTION 2: That 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. 3 SECTION 3: 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 day of 1999, and adopted on the day of , 1999, by the following vote, to-wit AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT, COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F:W sewXcaNhared\dalOrdinanceW BayScenicTraiM70799.dx Wi