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HomeMy WebLinkAbout2011-05-10; City Council; 20540; AMENDMENT MUNICIPLE CODE 10.56 AND 11.32CITY OF CARLSBAD - AGENDA BILL 20,540AB# MTG. 5/10/11 DEPT. CLERK AMENDMENT OF CARLSBAD MUNICIPAL CODE CHAPTERS 10.56, 10.58 AND 11.32 RELATED TO BICYCLES, SKATEBOARDS, INLINE SKATES, ROLLER SKATES, AND SIMILAR FORMS OF TRANSPORTATION DEPT. DIR. CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt 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: Ordinance No. CS-139 was introduced and first read at the City Council meeting held on April 26, 2011. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #20,523 on file in the Office of the City Clerk. 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. EXHIBITS: 1. Ordinance No. CS-139. 2. List of areas in Carlsbad where skateboarding and similar forms of transportation are prohibited. 3. Map showing areas in Carlsbad where skateboarding and similar forms of transportation are prohibited. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov FOR CITY CLERKS USE ONL Y. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED / )& D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Exhibit 1 1 ORDINANCE NO.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 x- The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Chapter 10.56, Section 10.56.010 of the Carlsbad Municipal Code is amended to read as follows: o Section 10.56.010 - Riding on sidewalks and public facilities 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. 12 .,, SECTION 2: That Chapter 10.58 of the Carlsbad Municipal Code is amended to read as follows: CHAPTER 10.5814 Chapter 10.58 SKATEBOARDING, INLINE SKATES, ROLLER SKATES, TOY VEHICLE, 15 COASTER, AND SIMILAR FORMS OF TRANSPORTATION 16 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 Carlsbad 20 village area. 10.58.025 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of 21 transportation prohibited where posted. 10.58.030 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of 22 transportation prohibited at public buildings. 10.58.040 Prohibition for public drainage and sports facilities. 23 10.58.050 Interference with pedestrians and traffic. 10.58.060 Safety equipment required in skateboard parks. 24 10.58.010 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar 25 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 property. 28 Exhibit 1 1 10.58.015 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of transportation prohibited on school grounds. 2 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 . signs on school grounds.4 - 10.58.020 Skateboarding, coaster, and similar forms of transportation prohibited in 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: 7 On any sidewalk, public street, public parking lot or public property in the Carlsbad village area as shown on the map labeled Exhibit A and found on file in the city clerk's office. 8 9 10.58.025 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of transportation prohibited where posted. 10 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 11 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. 12 The list may be amended from time to time by resolution of the city council. 13 10.58.030 Skateboarding, inline skates, roller skates, toy vehicle, coaster, and similar forms of transportation prohibited at public buildings. I - 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 16 801 Pine Avenue, the safety center, fire stations, libraries and their adjacent sidewalks, landscape barriers and parking lots. 17 10.58.040 Prohibition for public drainage and sports facilities. 18 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 19 other athletic/sports courts, or gymnasiums. 20 10.58.050 Interference with pedestrians and traffic. (a) Any person upon a skateboard, inline skates, roller skates, toy vehicle, coaster or any other 21 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. 24 10.58.060 Safety equipment required in skateboard parks. 25 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, 26 elbow pads and knee pads where the requirement for wearing such safety equipment in the skateboard park is posted by a sign. 27 28 Exhibit 1 1 elbow pads and knee pads where the requirement for wearing such safety equipment in the skateboard park is posted by a sign. 2 (Ord. NS-475§7, 1999) 3 SECTION 3: That Chapter 11.32 of the Carlsbad Municipal Code is amended to read as follows: 4 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 g 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 7 from the provision of this section when in the performance of their duties. o EFFECTIVE DATE: These ordinances shall be effective thirty days after its adoption and 9 the City Clerk shall certify the adoption of this ordinance and cause it to be published at least " 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 /// 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 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 201 1 , and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the AYES: Council NOES: None. ABSENT: None. ABSTAIN: None. 10th day of May 201 1 by the following vote to wit: Members Hall, Kulchin, Blackburn, Douglas, Packard. APPROVED AS TO FORM AND LEGALITY r~\ 1 \X~-GSxP-' \ ^KRrsQ RONWLD R. BALL, City Attorney S~- //-'A 1i/J///j(f MATT HALL, Mayor ATTEST: ^ IjO^Cr, ^%/<& <&^ LWAlNE^J^OO&fc'ity Clerk (J /OCAI \ voc/AI-/ ^xti""//, ''''''tn'ti^ AREAS OF CARLSBAD WHERE SKATEBOARDING IS PROHIBITED I PUBLIC PROPERTY WHERE POSTED • On the walkways, landscape barriers or wall along the promenade on Armada Drive and LegoLand Drive, between Cannon and Palomar Airport Roads. SKATEBOARDING IS ALSO PROHIBITED AT: n. The following public buildings: • City Hall ' Senior Center • Safety Center • Fire Stations • Libraries in. Any public drainage facility, culvert, ditch, or channel; and any athletic/sports courts, gymnasiums. IV. Carlsbad Village Redevelopment Area (Map of boundaries attached) V. Public right-of-way in such a manner as to interfere with or prevent the lawful use of the right-of-way by pedestrians or vehicular traffic. VI. Public school grounds where posted. VII. Commercial zones throughout the City where posted. EXHIBIT 2 SKATEBOARDING, TOY VEHICLE, COASTER, AND SIMILAR FORMS OF TRANSPORTATION PROHIBITED IN CARLSBAD VILLAGE AREA OUTLINED BELOW EXHIB1T A