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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). 2 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 3