HomeMy WebLinkAbout2011-04-26; City Council; 20523; AMENDING CODE BICYCLES SKATEBOARDS INLINE SKATESCITY OF CARLSBAD - AGENDA BILL 15
20,523AB#
MTG. 04-26-11
DEPT. POLICE
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
CHAPTERS 10.56, 10.58, AND 11.32 OF THE
CARLSBAD MUNICIPAL CODE RELATED TO
BICYCLES, SKATEBOARDS, INLINE SKATES,
ROLLER SKATES, AND SIMILAR FORMS OF
TRANSPORTATION
DEPT. HEAD
CITY ATT
CITY MGR.
RECOMMENDED ACTION:
Introduce Ordinance No.cs-139 amending Chapters 10.56, 10.58 and 11.32 of the
Carlsbad Municipal Code pertaining to bicycles, skateboards, inline skates, roller skates,
coasters, toy vehicles, and similar forms of transportation.
ITEM EXPLANATION:
To ensure the continued safety of pedestrians in Carlsbad, the Police Department is
proposing a revision to the City's current ordinances pertaining to skateboarding to also
include inline skates, roller skates, and similar forms of transportation.
Law enforcement recognizes the hazards when pedestrian activity is combined with methods
of transportation such as skateboards, inline skates, roller skates, coasters, toy vehicles, and
similar forms of transportation. The proposed amendments will allow for consistent
enforcement of the Municipal Code and increase pedestrian safety. The proposed
amendments will refer to skateboards, inline skates, roller skates, coasters, toy vehicles, and
similar forms of transportation in a uniformed manner throughout the code. Inline skates,
roller skates, and toy vehicles are permitted in the Carlsbad village area (formerly referred to
as village redevelopment zone (V-R) of the Carlsbad village redevelopment plan area) and
are still required to yield the right-of-way to and not interfere with pedestrians on the
sidewalk or public right-of-way. Finally, the proposed amendment will also move the
reference to bicycles from Chapter 10.58 (section 10.58.040) and relocate the reference and
prohibited conduct to Chapter 10.56 (sectionl0.56.010).
FISCAL IMPACT:
Minor administrative costs are necessary to implement changes to the Carlsbad Municipal
Code by revising CMC Chapters 10.58 and 11.32. Approximately eight (8) signs will need to be
installed along Carlsbad Boulevard at a cost of approximately $1,200. Sufficient funds are
available in the Streets Division budget.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this
action does not constitute a "project" within the meaning of CEQA and therefore, does not
require additional environmental review.
DEPARTMENT CONTACT: Fiona Everett 760-931-2279 fiona.everett@carlsbadca.gov
FOR CITY CLERKS USE ONLY,
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
XD
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
D
D
D
Page 2
EXHIBITS:
1. Ordinance No. CS-139
2. Strike-Out Version of Proposed Revision
Exhibit 1
1
ORDINANCE NO. CS-139
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING CHAPTERS 10.56, 10.58
3 AND 11.32 OF THE CARLSBAD MUNICIPAL CODE RELATED
TO BICYCLES, SKATEBOARDS, INLINE SKATES, ROLLER
4 SKATES, COASTERS, TOY VEHICLES AND SIMILAR FORMS
OF TRANSPORATION
The City Council of the City of Carlsbad, California, does ordain as follows:
ON 1: That Chapter 10.56 of the Carlsbad Municipal Code
Section 10.56.010 - Riding on sidewalks and public facilities
_ SECTION 1: That Chapter 10.56 of the Carlsbad Municipal Code is amended to read as follows:
8
No person shall ride a bicycle upon any sidewalk, in any public drainage facility, culvert, ditch, or
channel; or any other public athletic/sports courts, or gymnasiums in the city. Law enforcement
personnel shall be exempt from the provision of this section when in the performance of their
duties.
11
SECTION 2: That Chapter 10.58 of the Carlsbad Municipal Code is amended to read as follows:
13 CHAPTER 10.58
Chapter 10.58 SKATEBOARDING, INLINE SKATES, ROLLER SKATES, TOY VEHICLE,14 COASTER, AND SIMILAR FORMS OF TRANSPORTATION
5 Sections:
10.58.010 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
17 transportation prohibited in commercial zone.
10.58.015 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
18 transportation prohibited on school grounds.
10.58.020 Skateboarding, coaster, and similar forms of transportation prohibited in Carlsbad
19 village area.
10.58.025 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
20 transportation prohibited where posted.
10.58.030 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
21 transportation prohibited at public buildings.
10.58.040 Prohibition for public drainage and sports facilities.
22 10.58.050 Interference with pedestrians and traffic.
10.58.060 Safety equipment required in skateboard parks.23
10.58.010 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar
forms of transportation prohibited in commercial zone.
It is unlawful for any person to ride a skateboard, inline skates, roller skates, toy vehicle, coaster
or any other similar form of transportation on private property open to the public in a general
commercial zone, a neighborhood commercial zone, or in a tourist commercial zone where
signs prohibiting such activity are posted by the owner of the oroperty.
27
28
3
signs on school grounds.
10.58.020 Skateboarding, coaster, and similar forms of transportation prohibited in
6
7
8
9
10.58.025 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar
forms of transportation prohibited where posted.10
11
12
The list may be amended from time to time by resolution of the city council.
14
15
19
20
22
23
25
27
28
Exhibit 1
10.58.015 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar
forms of transportation prohibited on school grounds.
It is unlawful for any person to ride a skateboard, inline skates, roller skates, toy vehicle, coaster
or any other similar form of transportation on public school property located within the city of
Carlsbad when the school district has enacted a policy prohibiting such activities and posted
Carlsbad village area.
It is unlawful for any person to ride a skateboard, coaster or any other similar form of
transportation at the following locations:
On any sidewalk, public street, public parking lot or public property in the Carlsbad village area
as shown on th<=> attached map labeled Exhibit A and found on file in the city clerk's office.
Skateboarding, inline skates, roller skates, toy vehicles, coaster or any other similar form of
transportation is prohibited on public real property where such prohibition is posted by signs. A
list of locations where skateboarding, inline skates, roller skates, toy vehicles, coaster or any
other similar form of transportation is posted prohibited shall be on file in the city clerk's office.
10.58.030 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar
forms of transportation prohibited at public buildings.
It is unlawful for any person to ride a skateboard, inline skates, roller skates, toy vehicle, coaster
or any other similar form of transportation at the Carlsbad City Hall, the senior center located at
801 Pine Avenue, the safety center, fire stations, libraries and their adjacent sidewalks,
16
17
landscape barriers and parking lots.
18
10.58.040 Prohibition for public drainage and sports facilities.
No person shall ride a skateboard, inline skates, roller skates, coaster, toy vehicle or any other
similar form of transportation in any public drainage facility, culvert, ditch, or channel; or any
other athletic/sports courts, or avmnasiums.
21
10.58.050 Interference with pedestrians and traffic.
(a) Any person upon a skateboard, inline skates, roller skates, toy vehicle, coaster or any other
similar form of transportation or device, shall exercise due caution and shall yield the right-of-
-. way to and not interfere with pedestrians on any sidewalk or public right-of-way.
(b) No person shall ride skateboard, inline skates, roller skates, toy vehicle, coasters, or similar
form of transportation on any public right-of-way in such a manner as to interfere with or prevent
the lawful use of a public right-of-way by vehicular traffic.
26
10.58.060 Safety equipment required in skateboard parks.
It is unlawful for a person to ride anything other than a skateboard, roller skates, or inline skates
in the city-owned skateboard park and to neglect to wear safety equipment including a helmet,
" once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its
adoption.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit 1
elbow pads and knee pads where the requirement for wearing such safety equipment in the
skateboard park is posted by a sign.
(Ord. NS-475§7, 1999)
SECTION 3: That Chapter 11.32 of the Carlsbad Municipal Code is amended to read as follows:
11.32.070 Carlsbad Seawall - Pedestrians only.
The Carlsbad seawall sidewalk at the base of the bluff adjacent to Carlsbad State Beach
between Tamarack Avenue and Pine Street shall be limited to pedestrians only. No person shall
ride skateboard, inline skates, roller skates, toy vehicle, coasters, or similar form of
transportation on the Carlsbad seawall sidewalk. Law enforcement personnel shall be exempt
from the provision of this section when in the performance of their duties.
EFFECTIVE DATE: These ordinances shall be effective thirty days after its adoption and
the City Clerk shall certify the adoption of this ordinance and cause it to be published at least
///
1
2
3
4
5
6
7
8
9
LO
L 1
12
13
14
15
16
17
1
19
20
21
22
23
24
25
26
27
28
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the 26th day of April, 2011, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the day of , 2011, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
SKATEBOARDING, TOY VEHICLE, COASTER,
AND SIMILAR FORMS OF TRANSPORTATION
PROHIBITED IN CARLSBAD VILLAGE AREA
OUTLINED BELOW
EXHIBIT A to Or rti •**
10
Exhibit 2
Chapter 10.58 SKATEBOARDING. INLINE SKATES. ROLLER SKATES. TOY VEHICLE. COASTER.
AND SIMILAR FORMS OF TRANSPORTATION
Sections:
10.58.010 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
transportation prohibited in commercial zone.
10.58.015 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
transportation prohibited on school grounds.
10.58.020 Skateboarding, coaster, and similar forms of transportation prohibited in redevelopment
Carlsbad village area.
10.58.025 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
transportation prohibited where posted.
10.58.030 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
transportation prohibited at public buildings.
10.58.040 Prohibition for public drainage and sports facilities.
10.58.050 Interference with pedestrians and traffic.
10.58.060 Safety equipment required in skateboard parks.
10.58.010 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
transportation prohibited in commercial zone.
It is unlawful for any person to ride a skateboard, inline skates, rollerblades, roller skates, toy vehicle,
coaster or any other similar form of transportation on private property open to the public in a general
commercial zone, a neighborhood commercial zone, or in a tourist commercial zone where signs
prohibiting such activity are posted by the owner of the property.
(Ord. NS-475 § 1,1999: Ord. NS-188 § 1 (part), 1991)
10.58.015 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
transportation prohibited on school grounds.
It is unlawful for any person to ride a skateboard, inline skates, rollorblados, roller skates, toy vehicle,
coaster or any other similar form of transportation on public school property located within the city of
Carlsbad when the school district has enacted a policy prohibiting such activities and posted signs on
school grounds.
(Ord. NS-475 § 2, 1999: Ord. NS-399 § 1, 1997)
10.58.020 Skateboarding, coaster, and similar forms of transportation prohibited in redevelopment
Carlsbad village a rea.
It is unlawful for any person to ride a skateboard, coaster or any other similar form of transportation at
the following locations:
On any sidewalk, public street, public parking lot or public property in the village redevelopment zone
(V R), as shown in the Carlsbad village area redevelopment plan and as further shown on the attached
map labeled Exhibit A and found on file in the city clerk's office.
(Ord. NS-475 § 3, 1999: Ord. NS-339 § 1, 1995)
10.58.025 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of
transportation prohibited where posted.
A^ Skateboarding, inline skates, roller skates, toy vehicles, coaster or any other similar form of
transportation is prohibited on public real property where such prohibition is posted by signs. A list of
locations where skateboardingunJipe skates; roller skates, toy vehicles, coaster or any other similar form
of transportation is posted prohibited shall be on file in the city clerk's office. The list may be amended
from time to time by resolution of the city council.
(Ord. NS-475 § 4, 1999: Ord. NS-432 § 1, 1997)
10.58.030 Skateboarding, inline skates, roller skates and similar forms of transportation prohibited at
public buildings.
It is unlawful for any person to ride a skateboard, inline skates, rollerblades, roller skates, toy vehicle,
coaster or any other similar form of transportation at the Carlsbad City Hall, the senior center located at
801 Pine Avenue, the safety center, fire stations, libraries and their adjacent sidewalks, landscape
barriers and parking lots.
(Ord. NS-475 § 5,1999)
10.58.040 Prohibition for public drainage and sports facilities.
No person shall ride a skateboard, inline skates, rollorblados, roller skates, coaster, bicycle, toy vehicle or
any other similar form of transportation in any public drainage facility, culvert, ditch, or channel; or any
other athletic/sports courts, or gymnasiums.
(Ord. NS-475 § 6, 1999: Ord. NS-246 § 1, 1993; Ord. 3143 § 1, 1982)
10.58.050 Interference with pedestrians and traffic.
(a) Any person upon a skateboard, inline skates, rollerblades, roller skates, toy vehicle, coaster or any
other similar form of transportation toy vehicle or device, shall exercise due caution and shall yield the
right-of-way to and not interfere with pedestrians on any sidewalk or public right-of-way.
(b) No person shall ride skateboard, inline skates, roller skates, toy vehicle, coasters, skateboards, tey
vehicles, or similar form of transportation devices on any public right-of-way in such a manner as to
interfere with or prevent the lawful use of a public right-of-way by vehicular traffic.
(Ord. NS-246 § 2,1993)
10.58.060 Safety equipment required in skateboard parks.
It is unlawful for a person to ride anything other than a skateboard, roller skates, or inline skates
rollorbladcs in the city-owned skateboard park and to neglect to wear safety equipment including a
helmet, elbow pads and knee pads where the requirement for wearing such safety equipment in the
skateboard park is posted by a sign.
(Ord. NS-475 § 7, 1999)
Chapter 10.56 Bicycles
Section 10.56.010 - Riding on sidewalks and public facilities
No person shall It is unlawful to ride a bicycle upon any sidewalk, in any public drainage facility, culvert,
ditch, or channel; or any other public athletic/sports courts, or gymnasiums in the city. Law enforcement
personnel shall be exempt from the provision of this section when in the performance of their duties.
Chapter 11.32 Parks and Beaches
Section 11.32.070 CARLSBAD SEAWALL - Pedestrians only.
The Carlsbad seawall sidewalk at the base of the bluff adjacent to Carlsbad State Beach between
Tamarack Avenue and Pine Street shall be limited to pedestrians only. No person shall ride skateboard,
inline skates, roller skates, toy vehicle, coasters, skateboards, toy vehicles, or similar form of
transportation devices on the Carlsbad seawall sidewalk. Law enforcement personnel shall be exempt
from the provision of this section when in the performance of their duties.
City of Carlsbad
Office of the City Manager
Mr. Pete Biltchik /A)
239 San Dimas Ave U_
Oceanside, CA 92057
Dear Mr. Biltchik:
Thank you for your letter of September 16, 2009, and your subsequent inquiries regarding the
issue of rollerblading in the area of Carlsbad Boulevard and the^gjawall in Carlsbad. Your inquiry
has prompted a review of city ordinances regarding gRateboareiing^nd roJje<rblading-La the city.
The Police Department has reviewed the relevant oraTTTarTteTTn this area and determined that
there is a need to amend these ordinances 1p add lajjguagp that will permit the ability to restrict,
the use of roHer skates j:ollerblades, or other types of similar transportation through a posted
sign.
fcrietf
' 07)'flat*?
The Police Department has recently asked that the City Attorney's office draft ordinance
language for the City Council's consideration. This language will be brought forward in an
upcoming City Council meeting for Council review and decision. If Council approves introduction
of thej)£dinance language and adopts it at-a subsequent meeting, roljerblading will no longer be
fnitted wh~efe~pe^edI signagp prohibits th>ir J^PCouncil will retain thejj£hjt to el
here such signage wjfl be,posted_and direct staff accordingly.
Thank you for letting us know about your concerns.
Sincerely,
w •' .^S-U ^
Lisa Hildabrand
City Manager
1200 Carlsbad Village Drive • Carlsbad, CA 92008-1989 • (760) 434-2821 • FAX (760) 720-9461
e XT
firry
L
SUBJECT: Control of Roller Blade activities
LOCATION: City Of Carlsbad, boardwalk/sidewalk, between Pine St. & Tamarack
Ave., along the West side of Carlsbad Blvd.
TO: Carlsbad City Council and Mayor
1/23/2011
January 0B> 2010, staff submitted to council a proposed ordinance
revision to prohibit rollerblading from the boardwalk/sidewalk in question.
Strong support for this proposal was voiced by top staff^pflaw
enforcement professionals. However, council voted to send the proposal
back for further study: Basically, can rollerblading be allowed safely during
non-peak hours? It seems to be a reasonable attempt at compromise and
flexibility.
My friends in Carlsbad ask you (in reality, beg you) to move this review
process for an important policy decision forward. Right now, the situation is
in limbo. Signage is in place prohibiting rollerblading, skateboarding and
bicycling on the boardwalk/sidewalk, but the present ordinance omits
rollerblading. However, the ordinance covering the adjacent parallel seawall
to the westc^pep prohibit rollerblading. The lower seawall
IMBBIWsidewalk area is about eight feet in width and has walls on both
sides, so its design is quite similar to the adjacent boardwalk/sidewalkj^pi
above it. Therefore there is an inconsistency in public safety standards
between the two venues, with the lower seawall area haying a higher level of
pedestrian safety, ^v *^%*, H£- n*rrtffH
anks for your help in restarting councils review of this important policy
issue. These two venues are local treasures known world-wide and are in
place thanks to previous council*s*vision, judgment and flexibility.
PeteBiltchik
Carlsbad Municipal Code Amendment
In-line Skating at the Beach
Police Chief Gary W. Morrison
April 26, 2011
Why the Amendment?
•Village area, upper and lower sea walls are
enjoyed by many people
•Need to balance safety with enjoyment
•Consistency in Municipal Code
•Gives police ability to enforce
•Collaboration between city partners
Summary of Amendment
•Lower sea wall for pedestrians only
•Existing restrictions on skateboards remain
the same
•Citywide, anyone using small wheeled vehicles
should exercise caution, yield to pedestrians
•All small wheeled vehicles banned in
commercial zones where signs are posted