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HomeMy WebLinkAbout2024-08 - Amending Title 4 (Bicycles, Traffic, and Parking)ORDINANCE NO. 2024-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING CHAPTERS II (BICYCLE TRAFFIC) AND III (BICYCLE PARKING RACKS, SECURING OF BICYCLES) OF TITLE 4 (BICYCLES) OF THE COSTA MESA MUNICIPAL CODE, RELATING TO BICYCLE TRAFFIC AND PARKING WHEREAS, the City of Costa Mesa, pursuant to its police power, may enact regulations for the public peace, morals, and welfare of the City; and WHEREAS, the City of Costa Mesa desires to amend the provisions of the Costa Mesa Municipal Code to impose regulations related to health, safety and welfare; and WHEREAS, the City Council of the City of Costa Mesa hereby finds that to promote and protect the public health, safety and welfare, various pedestrian, bicycle and other transportation related provisions of the Municipal Code should be revised to be consistent with the California Vehicle Code. WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) has determined that the ordinance is not a "project" and further, that it is exempt from the provisions of CEQA pursuant to CEAQ Guidelines Section 15061(b)(3) (because it can be seen with certainty that the adoption of this Ordinance will not have an effect on the environment) such that no environmental review under CEQA is required; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapters II (Bicycle Traffic) and III (Bicycle Parking Racks, Securing of Bicycles) of Title 4 (Bicycles) of the Costa Mesa Municipal Code are each hereby amended as follows: See attached Exhibit "A". Section 3. Environmental Compliance. Pursuant to the provisions of the California Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) the ordinance is not a "project" and further, that it can be seen with certainty that there is no possibility that the ordinance in question may have a significant effect on the environment, either directly or indirectly, and that therefore no environmental review under the CEQA is required, pursuant to CEQA Guidelines Section 15061(b)(3). Ordinance No. 2024-08 Page 1 of 3 Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are repealed or modified to that extent necessary to affect the provisions of this Ordinance. Section 5. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. Section 6. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. Section 7. Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law. Ordinance No. 2024-08 Page 2 of 3 PASSED AND ADOPTED this 161h day of July'A024. ATTEST: 11�"&& ckd� Brenda Green City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF COSTA MESA ss hrPStephens, Mayor APPROVED AS TO FORM: Kimberly Heifl Barlow, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 2024-08 was duly introduced for first reading at a regular meeting of the City Council held on the 18th day of June 2024, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 16th day of July 2024, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARPER, REYNOLDS, HARLAN, AND STEPHENS. NOES: COUNCIL MEMBERS: NONE. ABSENT: COUNCIL MEMBERS: MARR. IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 17th day of July, 2024. BRENDA GREEW CITY CLERK Ordinance No. 2024-08 Page 3 of 3 Chapter I (RESERVED) Chapter II BICYCLE TRAFFIC § 4-22 "Bicycle" defined. (a) A "bicycle" is a device upon which any person may ride, propelled by human power through a belt, chain or gears, and having either two or three wheels in tandem or tricycle arrangement. (b) An "electric bicycle" is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. (1) A "class 1 electric bicycle," or "low -speed pedal -assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. (2) A "class 2 electric bicycle," or "low -speed throttle -assisted electric bicycle," is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. (3) A "class 3 electric bicycle," or "speed pedal -assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and is equipped with a speedometer. (Ord. No. 73-20, § 2, 6-4-73) § 4-23 "Bicycle lane" defined. A "bicycle lane" shall be that portion of a public street distinctively and clearly marked on the pavement, and having appropriate identifying and traffic signs, separating that portion of the public street to be traversed by bicycles from the portion to be traversed by motor vehicles. Bikeways include Class I, Class Il, Class III, and Class IV as outlined in the CalTrans Highway Design Manual. (Ord. No. 73-20, § 2, 6-4-73) § 4-25 Modification, deletion or addition to bicycle lanes; master plan of lanes. A master plan of bicycle lanes throughout the City of Costa Mesa shall be maintained and kept current by the transportation services manager, and each modification, deletion or addition established by resolution shall be appropriately indicated on said plan. Said plan shall be accessible to members of the public during normal business hours of the City of Costa Mesa. (Ord. No. 73-20, § 2, 6-4-73) § 4-26 Rules of the road. (a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows: (1) To park where parking is permitted. (2) To enter or leave the roadway. (3) To prepare for a turn within a distance of 200 feet from the intersection. (4) Motorized bicycles as defined by the California Vehicle Code Section 406(a) and electric bicycles as defined in § 4-22(b) are permitted in a bicycle lane, at a speed no greater than is reasonable or prudent, and in a manner that does not endanger the safety of other bicyclists or the rider. (b) Whenever a bicycle lane has been established on a roadway pursuant to § 4-23, any person riding a bicycle upon the roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride within the bicycle lane, except that the person may move out of the lane under any of the following situations: (1) When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if the overtaking and passing cannot be done safely within the lane. (2) When preparing for a left turn at an intersection or into a private road or driveway. (3) When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue in the bicycle lane. (4) When approaching a place where a right turn is authorized. (c) No person riding a bicycle shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal in the event that any vehicle may be affected by the movement. (d) Any person riding a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations: (1) When overtaking and passing another bicycle or vehicle proceeding in the same direction. (2) When preparing for a left turn at an intersection or into a private road or driveway. (3) When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge, subject to the provisions of Section 21656 of the California Vehicle Code. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane. (4) When approaching a place where a right turn is authorized. (5) When the roadway carries traffic in one direction and has two or more marked traffic lanes, then the person may ride as near the left-hand curb or edge of that roadway as practicable. (e) No person shall ride a bicycle in a manner or at an unreasonable speed upon a roadway or sidewalk which endangers the safety of pedestrians, the rider, other cyclists, motorists or property. Bicycle riders will ride in a manner and at speeds that are reasonable and prudent having due regard for weather, visibility, traffic conditions, and the surface and width of the roadway or sidewalk. (f) Any person riding a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian, and when overtaking and passing a pedestrian, shall give an audible signal and shall pass to the left of the pedestrian only under conditions permitting such movement in safety. For the purpose of this section, Class I Multipurpose Trails shall be considered sidewalks. (g) A person riding a bicycle upon a roadway or Class I Multipurpose Trail has all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and except those provisions applicable to a driver of a vehicle which by their very nature can have no application to the rider of a bicycle. (h) All persons riding a bicycle shall yield the right of way to pedestrians, other cyclists,and vehicles in the following situations: (1) When entering a roadway or sidewalk from private property; including but not limited to an alley, driveway and residential or commercial property. (2) When entering a roadway from a sidewalk or Class I Multipurpose Trail. (i) A person operating a bicycle upon a highway shall not ride other than upon or astride a permanent and regular seat attached thereto, unless the bicycle was designed by the manufacturer to be ridden without a seat. An operator shall not allow a person riding as a passenger, and a person shall not ride as a passenger, on a bicycle upon a highway other than upon or astride a separate seat attached thereto. If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle. (Ord. No. 73-20, § 2, 6-4-73; Ord. No. 90-8, § 2, 6-4-90) § 4-27 Signs. The Transportation Services Manager shall design and install appropriate signs identifying bicycle lanes and regulating bicycle traffic therein. They shall also install appropriate traffic regulating signs for motor vehicles on those streets having bicycle lanes. The signs identifying bicycle lanes and regulating traffic thereon shall be designed and colored so as to be readily understood by children of school age. (Ord. No. 73-20, § 2, 6-4-73) § 4-28 Penalties. Violations of this chapter unless otherwise punishable under sections of the California Vehicle Code shall be deemed a misdemeanor and shall be punishable as provided for in section 1-33 of the Costa Mesa Municipal Code. (Ord. No. 73-20, § 2, 6-4-73) Chapter III BICYCLE PARKING RACKS, SECURING OF BICYCLES § 4-32 Purpose and findings. (a) The uncontrolled placement and tethering or securing of bicycles It shall be unlawful to place, tether, or secure a bicycle on public property so as to cause an inconvenience or danger to persons using the public right of way. (b) (Reserved) (c) (Reserved) (d) The governing body recognizes, however, that many residents use bicycles as a primary means of transportation as well as for recreational purposes, or as a means to visit the city, and that adequate facilities need to be in place for the safe and secure parking and storage of these bicycles. (e) The provisions and prohibitions hereinafter enacted are for the purpose of securing and promoting the general welfare of persons in the city in their use of public rights -of -way and other public property through the regulation of bicycle parking in the city so as to: (1) (Reserved) (2) Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress to, or egress from, any place of business, or from the street to the sidewalk, use of the sidewalk, use of public parks or property; (3) Provide reasonable access for the use and maintenance of public sidewalks, poles, traffic signs and signals, hydrants, mailboxes, trees, and similar appurtenances, and access to locations used for public transportation purposes; (4) (Reserved) (5) Reduce exposure of the city to personal injury or property damage claims and litigation; (6) Protect and safeguard bicycles from vandalism, damage or theft. (Ord. No. 12-5, § 1, 8-7-12) § 4-34 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: Bicycle parking rack means a rack for the storage, parking and securing of bicycles. Bicycle means and includes any device as defined in § 4-22. (Ord. No. 12-5, § 1, 8-7-12) § 4-36 Prohibited acts. (a) No person shall park, tether or secure a bicycle upon or to any traffic signs or signals, hydrants, transit stops, mailboxes or in any location that interferes with the flow of pedestrian or vehicular traffic. (b) (Reserved) (c) All bicycles discovered by the city to have been tethered or secured upon or to any traffic signs or signals, hydrants, transit stops, mailboxes or in any location that interferes with the flow of pedestrian or vehicular traffic, or abandoned or otherwise left on public streets, side -walks, public property beyond a reasonable amount of time, or on private property without the consent of the owner shall be seized and impounded by the city. The owner of such bicycles may claim them from the city by paying a fine in an amount to be established by resolution of the city council, as may be amended from time to time, for each bicycle claimed, to cover the municipal retrieval costs, and, in addition thereto, shall pay one dollar ($1.00) per day, or an amount to be established by the city by resolution from time to time, for storage of each such bicycle. The city shall have the right to impound and retain possession of any bicycle in violation of the provisions of this chapter and may retain possession of such bicycle until the provisions of this chapter are complied with. Bicycles which remain impounded pursuant to this section for longer than a ninety -day period may be sold at auction or donated in accordance with laws governing the disposal of abandoned property generally. (d) In order to claim a bicycle from impound, the owner must present a bicycle registration card from an organization such as Project 529 or similar, or be able to identify the bicycle by make, color or any other fashion sufficient to identify the bicycle. The city shall not be responsible for any bicycle impounded or released to a person claiming to be the owner thereof. (Ord. No. 12-5, § 1, 8-7-12) § 4-38 Bicycle parking rack locations. For the public convenience, the city has placed bicycle parking racks throughout the municipality, and with emphasis on areas where bicycles have historically been parked or where a bicycle rack has been requested by the public. Interested persons may obtain a list of the locations of all city bicycle racks from the city cleric. (Ord. No. 12-5, § 1, 8-7-12)