Chapter 12.54
OCEANFRONT BOARDWALK SAFETY PROGRAM
Sections:
12.54.050 Direction of Flow/Rules of the Road.
12.54.060 Special Restrictions.
12.54.010 Purpose and Intent.
The purpose and intent of this chapter is to promote the safety of persons using the Oceanfront Boardwalk while maximizing the recreational opportunities available to users. The City Council has determined that the provisions of this chapter represent reasonable measures that can be implemented to promote the safe and efficient use of the boardwalk. The City Council has made this determination after due consideration of the probability and gravity of potential injuries to persons and property as well as the practicability and cost of implementing measures that would protect against the risk of such injury. (Ord. 2020-24 § 1 (part), 2020: Ord. 2001-16 § 1, 2001: Ord. 2001-7 (part), 2001: Ord. 91-53 § 2 (part), 1991)
12.54.020 Definitions.
As used in this chapter, the following terms and words shall have the following meanings:
“Bicyclist” means 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” means the concrete walkway approximately twelve (12) to twenty-two (22) feet in width 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.
“Electric bicycle” has the same meaning as defined in California Vehicle Code Section 312.5.
“Electrically motorized board” has the same meaning as defined in California Vehicle Code Section 313.5.
“Motorized bicycle” has the same meaning as defined in California Vehicle Code Section 406.
“Motorized scooter” has the same meaning as defined in California Vehicle Code Section 407.5.
“Motorized transportation device” means any motorized device used for personal transportation, whether rented or owned, and includes any electric bicycle, electrically motorized board, motorized bicycle, and motorized scooter as defined in this section, as well as any other motorized device that California State law permits local agencies to regulate.
“Pass” means to travel to the left of the centerline of the boardwalk.
“Pedestrian” means any person on foot.
“Rollerskater” means any person wearing rollerskates as defined in Section 12.57.010(B), rollerblades or any similar device. (Ord. 2023-22 § 562, 2023; Ord. 2020-24 § 1 (part), 2020: Ord. 2001-16 § 2, 2001: Ord. 2001-10 § 1, 2001: Ord. 91-53 § 2 (part), 1991)
12.54.025 Motorized Scooters.
No person(s) shall operate or ride a motorized scooter upon the boardwalk. (Ord. 2020-24 § 1 (part), 2020: Ord. 2001-7 § 2 (part), 2001)
12.54.030 Speed Limit.
No person using the boardwalk shall exceed eight miles per hour while on the boardwalk. (Ord. 2020-24 § 1 (part), 2020: Ord. 2001-16 § 3, 2001: Ord. 2001-10 § 2, 2001: Ord. 2001-7 § 2 (part), 2001: Ord. 91-53 § 2 (part), 1991)
12.54.040 Unsafe Operation.
No person using the boardwalk shall engage in any activity on the boardwalk that creates an unreasonable risk of injury to any person. (Ord. 2020-24 § 1 (part), 2020: Ord. 2001-16 § 4, 2001: Ord. 2001-10 § 3, 2001: Ord. 2001-7 § 2 (part), 2001: Ord. 91-53 § 2 (part), 1991)
12.54.050 Direction of Flow/Rules of the Road.
A. Any person using the boardwalk 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. (Ord. 2020-24 § 1 (part), 2020: Ord. 2001-16 § 5, 2001: Ord. 2001-10 § 4, 2001: Ord. 2001-7 § 2 (part), 2001: Ord. 91-53 § 2 (part), 1991)
12.54.060 Special Restrictions.
A. The Traffic Engineer shall post signs and install appropriate markings designating a “Walk Zone” for bicycles and motorized transportation devices 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, motorized transportation device users 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) of this section that establish special restrictions on bicyclists, pedestrians, motorized transportation device users and/or rollerskaters using the boardwalk. (Ord. 2020-24 § 1 (part), 2020: Ord. 2001-16 § 6, 2001: Ord. 2001-10 § 5, 2001: Ord. 2001-7 § 2 (part), 2001: Ord. 91-53 § 2 (part), 1991)
12.54.070 Penalty.
A. Notwithstanding any other provision of this Code, any person violating the provisions of Sections 12.54.025, 12.54.030, 12.54.050 or 12.54.060 shall be guilty of an infraction, punishable by a fine not to exceed two hundred dollars ($200.00).
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). (Ord. 2020-24 § 1 (part), 2020: Ord. 2001-16 § 7, 2001: Ord. 2001-7 § 2 (part), 2001: Ord. 91-53 § 2 (part), 1991)