HomeMy WebLinkAbout90-08 Bicycle Yields at Driveway/AlleysORDINANCE NO. 90-8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, AMENDING
CHAPTER II OF TITLE 4 AND CHAPTER VII OF
TITLE 10 OF THE COSTA MESA MUNICIPAL CODE
REQUIRING BICYCLISTS TO YIELD THE RIGHT-
OF-WAY AT ANY DRIVEWAY OR ALLEY.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOTU :
Section 1. The City Council of the City of Costa Mesa does hereby
find and declare as follows:
WHEREAS, confusion exists as to the determination of fault whenever
collisions cocur between bicyclists and other persons or vehicles where
driveways and alleyways intersect with sidewalks within the City of Costa
Mesa; and
WHEREAS, the City's Police Department desires a clarification of the
laws governing traffic on sidewalks; and
WHEREAS, California Vehicle Code Section 21100(h) expressly authorizes
cities to regulate the operation of bicycles on sideways; and
WHEREAS, amending these ordinances are necessary in the interest of
promoting the health, safety and welfare of the citizens of the City of
Costa Mesa.
ACCORDINGLY, the City Council of the City of Costa Mesa herewith
amends Title 4, Chapter II, Section 4-26 and Title 10, Chapter VII,
Section 10-134 of the Costa Mesa Municipal Code:
Section 2.
1. Title 4, Chapter II, Section 4-26 is hereby amended by adding
subsection (e) as follows°
Sec. 4-26. Rules of the Road
"(e) Notwithstanding the provisions of Section 10-134 of the Costa
Mesa Municipal Code, whenever a person is riding a bicycle upon a sidewalk,
such person shall yield the right-of-way to any pedestrian, bicyclist or
vehicle exiting or entering any driveway or alley."
1. Title 10, Chapter VII, Section 10-134 is hereby amended as
follows -
Sec. 10-134. Emerging from alley, driveway or building.
"Notwithstanding the provisions of Section 4-26(e) of the Costa Mesa
Municipal Code, the driver of a vehicle emerging from an alley, driveway or
building shall stop such vehicle immediately prior to driving onto a side-
walk or into the sidewalk area extending across any alleyway or driveway."
Section 3. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published once in
the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed
and published in the City of Costa Mesa or, in the alternative, the City
Clerk may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the office of the
City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clem shall cause to
be published the aforementioned summary and shall post in the office of
the City Cleric a certified copy of this Ordinance together with the names
of the members of the City Council voting for and against the same.
PASSED AND ADOPTED this 4th day of June, 1990.
Mayor of the City Costa Mesa
ATTEST:
_ PROVED AS TO FORM
City Cle of the City of Costa 1110a
C]TY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, EILEEN
P. PHINNEY, City Clerk and ex -officio
Clerk of the City
Council of
the
City of Costa Mesa, hereby certify
that the above and
foregoing
Ordinance No. 90-8 was introduced and considered section by
section at
a regular meeting of the City Council held
on the 21st day of
May, 1990,
and
thereafter passed and adopted as a
whole at a regular
meeting of
the
City Council held on the 4th day of
June, 1990, by the
following
roll
call vote:
AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL ME14BERS: Hornbuckle
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 5th day of June, 1990.
- ..r
ty Clerk and ex -officio Clerk of/e
City Council of the City of Costa esa