HomeMy WebLinkAbout04 - Oceanfront Boardwalk Safety ProgramAgenda Item No. 4
CITY OF NEWPORT BEACH
Office of the City Attorney
TO: Mayor & Members of the City Council
FROM: Robert Burnham
RE: Modifications to Chapter 12.54
DATE: June 26, 2001
The City Council adopted the Oceanfront Boardwalk Safety Program (Chapter 12.54 of
the Newport Beach Municipal Code) in 1991. Since that time, scooters have become a
very popular means of transportation and should be added to the list of devices that are
required to follow the rules outlined in Chapter 12.54. We have prepared minor
amendments to Chapter 12.54 (copy attached) that define "scooter" and apply operational
restrictions to "scooter users."
RECOMMENDATION
Introduce the proposed ordinance amending Chapter 12.54 and pass the ordinance to
July 10, 2001 for second reading and adoption.
Robert H. Burnham
ORDINANCE NO. -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING CERTAIN
PROVISONS OF CHAPTER 12.54 OF THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO THE OPERATION OF SCOOTERS
ON OTHE OCEANFRONT BOARDWALK
The City Council of the City of Newport Beach hereby ordains as follows:
SECTION 1: Section 12.54.020 shall be amended to read as follows:
12.54.020 Definitions.
As used in this Chapter, the following terms and words shall have
the following meanings:
(a) "Bicyclist" shall mean any person operating any device
propelled by human power through a belt, chains or gears
and having one or more wheels.
(b) "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
36`h Street.
(c) "Pass" shall mean to travel to the left of the centerline of the
Boardwalk.
(d) "Pedestrian" shall mean any person on foot.
(e) "Rollerskater' shall mean any person wearing rollerskates
(as defined in Section 12.57.010(B) of this Code),
rollerblades or any similar device.
(f) "Scooter" shall mean any device with a "foot board" mounted
between two or more wheels with an upright handle that is
operated by placing one foot on the foot board and pushing
with the other foot "Scooter user" shall mean any person
operating a scooter.
(g) "Skateboarder" shall mean any person riding a "skateboard s
that term is defined in Section 12.57.010(B) of this Code.
SECTION 2: Section 12.54.030 is hereby amended to read as follows:
12.54.030 Speed Limit
No bicyclist, skater, skateboarder, pedestrian or scooter user shall
exceed eight (8) miles per hour while on the Boardwalk.
SECTION 3: Section 12.54.040 is hereby amended to read as follows:
12.54.040 Unsafe Operation.
No bicyclist, skater, skateboarder, pedestrian or scooter user shall
engage in any activity on the Boardwalk that creates an
unreasonable risk of injury to any person.
SECTION 4: Section 12.54.050 is hereby amended to read as follows:
12.54.050 Direction of Flow /Rules of the Road.
(a) All bicyclists, skaters, skateboarders, pedestrians and
scooter uses 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 5: Section 12.54.060 is hereby amended to read as follows:
12.54.060 Special Restrictions.
(a) The Transportation and Development Services
Manager shall post signs and install appropriate
markings designating a "Walk Zone" for bicycles in
the plaza at the base of the Newport Pier. The
Transportation and Development Services Manager
shall have the authority to establish other special
restrictions on bicyclists, pedestrians, skateboarders,
rollerbladers and /or scooter users such as localized
speed limits less than eight miles per hour on a
portion of the Boardwalk.
(b) No person shall fail to comply with signs posted
pursuant to subsection (a) that establish special
restriction on bicyclists, pedestrians, skateboarders,
rollerbladers and/or scooter users that use the
Boardwalk.
SECTION 6: That if any, section, subsection, sentence, clause,
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, phrases be declared unconstitutional.
SECTION 7: 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
, 2001, and adopted on the day of
2001, by the following vote, to -wit:
AYES, COUNCILMEMBE
NOES, COUNCILMEMBERS
ABSENT, COUNCILMEMBERS
MA
ATTEST:
CITY CLERK