HomeMy WebLinkAbout05 - Chapter 12.54 Motorized ScootersCITY OF NEWPORT BEACH June 12, 2001
CITY ATTORNEY'S OFFICE Agenda Item 3
TO MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DANIEL K. OHL, DEPUTY CITY ATTORNEY
RE MODIFICATIONS TO CHAPTER 12.54
MOTORIZED SCOOTERS
OCEANFRONT BOARDWALK SAFETY PROGRAM
BACKGROUND:
The Police Department has requested amendments to Newport Beach Municipal Code
Section 12.54 in order to prohibit the use motorized . scooters on the oceanfront
boardwalk. They have already to begun to receive complaints concerning the operation
of these devices on the boardwalk and with the number currently in use and available for
rent, it is anticipated that this issue will become a significant problem in the summer
months ahead.
The proposed amendments have been reviewed and approved by both the Police
Department and the Traffic Division of Public Works Department.
RECOMMENDATION:
It is recommended that the City Council adopt amendments to Newport Beach Municipal
Code Section 12.54 which regulates activity on the oceanfront boardwalk.
Approve first reading pass to a second reading at the City Council's next regularly
scheduled mee n
Daniel K. `Ohl, Deputy City Attorney
Attachment
F: luserslcaflsharedldalCCmemol0cean BoardSafetyProg.doc
ORDINANCE 2001 —
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADDING SECTION 12.54.025 AND
AMENDING SECTION 12.54.020 OF TITLE 12 OF THE
NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO
THE OCEANFRONT BOARDWALK SAFETY PROGRAM
The City Council of the City of Newport Beach does hereby ordain that certain Newport
Beach Municipal Code Section 12.54.020 is amended and 12.54.025 is added to read
as follows:
Chapter 12.54
OCEANFRONT BOARDWALK SAFETY PROGRAM
Sections:
12.54.010 Purpose and Intent.
12.54.020 Definitions.
12.54.025 Motorized Scooters,
12.54.030 Speed Limit.
12.54.040 Unsafe Operation.
12.54.050 Direction of Flow /Rules of the Road.
12.54.060 Special Restrictions.
12.54.070 Penalty.
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, skateboarders and others are the result of extensive
analysis by the Oceanfront Boardwalk Citizens Advisory Committee, City staff and a traffic
consultant. The City Council, 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
protecting against the risk of such injury, 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.
SECTION 1:
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 immediately adjacent to the sandy beach (except where the
beach has been improved with parking lots, parks or school playgrounds) and extending from
approximately two hundred fifty (250) feet east of E Street to 36th Street.
"Motorized Scooter" shall mean any device as defined in California Vehicle Code Section 407.5.
"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.
"Skateboarder" shall mean any person riding a skateboard as that term is defined in Section
12.57.010 (B) of the Newport Beach Municipal Code.
SECTION 2:
Section 12.54.025 of Chapter 12.54 is added to read as follows:
Section 12.54.025 Motorized Scooters.
No person(s) shall operate or ride a motorized scooter upon the boardwalk.
Section 12.54.030 Speed Limit.
No bicyclist, skater, skateboarder or pedestrian shall exceed eight miles per hour
Section 12.54.040 Unsafe Operation.
No bicyclist, skater, skateboarder or pedestrian shall engage in any activity on the boardwalk
which creates an unreasonable risk of injury to any person.
Section 12.54.050 Direction of Flow /Rules of the Road.
A. All bicyclists, skaters, skateboarders 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
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, skateboarders, 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, skateboarders and /or rollerskaters using
the boardwalk.
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).
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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 3:
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 4:
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 enforce and effective thirty days after adoption.
SECTION 5:
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the _ day of , and adopted on the
day of by the following vote, to wit:
AYES, COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
MAYOR:
ATTEST:
City Clerk F:\ users\cat\shared \da\ Ordinance \OceanBoardSafetyProg.doc
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