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Home My WebLink About12-5 Adding a Chapter to Municipal Code Relating to Bicycle Parking RegulationsORDINANCE NO. 12-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER III OF TITLE 4 OF THE COSTA MESA MUNICIPAL CODE RELATING TO BICYCLE PARKING REGULATIONS. WHEREAS, there exists a need to regulate the manner and method of parking and securing bicycles in, on and about public property in the City of Costa Mesa; and WHEREAS California Vehicle Code Section 21206 provides that local authorities may, by ordinance, regulate the parking and operation of bicycles on pedestrian or bicycle facilities, provided such regulation is not in conflict with the provisions of the Vehicle Code; and WHEREAS California Vehicle Code Section 21210 provides that local authorities may, by ordinance or resolution, prohibit bicycle parking in designated areas of the public highway, provided that appropriate signs are erected. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter III of Title 4 of the Costa Mesa Municipal Code is hereby added as follows: CHAPTER III. BICYCLE PARKING RACKS, SECURING OF BICYCLES Sec. 4-32. Purpose and findings. A. The uncontrolled placement and tethering or securing of bicycles in public rights -of -- way and semi-public rights-of-way, on or to public property, presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians and persons entering and leaving vehicles and buildings. B. Bicycles so located on public property as to cause an inconvenience or danger to persons using public rights -of —way and semi-public rights-of-way, and as to cause an unsightly appearance, constitute public nuisances C. These factors constitute an unreasonable interference with and obstruction of the use of the public rights -of —way and semi-public rights-of-way, are injurious to health, offensive to the senses, and constitute such an obstruction of the free use of property as to interfere in the comfortable enjoyment of life and property by the entire community. D. The governing body recognizes, however, that many residents use bicycles as a primary means of transportation as well as for recreational purposes, 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. These competing interests require a reasonable accommodation which can be satisfactorily achieved through this Ordinance, designed to provide for the placement of bicycle parking racks and to regulate the place and manner of bicycle parking on public property and in public rights-of-way and semi-public rights-of-way in the city. 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 semi-public rights-of-way and other public property through the regulation of bicycle parking in the city so as to: 1. Provide for pedestrian and driving safety and convenience; 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. Reduce visual blight on the public rights-of-way and semi-public rights-of-way, protect the aesthetics and value of surrounding properties, and protect the quiet enjoyment of public areas; 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. Sec. 4-34. Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: A. Bicycle Parking Rack means a rack for the storage, parking and securing of bicycles. B. Bicycle Rack Space means the space sufficient for securing one bicycle to the bicycle parking rack. C. Bicycle shall mean and include any device as defined in the California Vehicle Code section 39000, and includes a "motorized bicycle", as defined in California Vehicle Code section 406, as amended. Sec. 4-36. Prohibited Acts. A. No person shall park, tether or secure a bicycle upon or to any sidewalks, poles, traffic signs or signals, hydrants, mailboxes, trees, fences and similar appurtenances or on or in any public rights -of —way and semi-public rights-of-way or in any other fashion on or to anything other than a bicycle parking rack installed for that purpose, except that bicycles may be parked on private property with the consent of the property owner. B. Anything affixed to, or on a bicycle tethered or otherwise secured to a bicycle rack shall fit in one bicycle rack space and shall not protrude into any adjacent bicycle rack C. All bicycles discovered by the city to have been tethered or secured upon or to any sidewalks, poles, traffic signs or signals, hydrants, mailboxes, trees, fences and similar appurtenances or on or in any public rights-of-way and semi-public rights-of-way or in any other fashion on or to anything other than a bicycle parking rack installed for that purpose, abandoned or otherwise left on public streets, sidewalks, public property 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 $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 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 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. Sec. 4-38. Bicycle Parking Rack Locations. For the public convenience, the city, together with private contributions, has placed bicycle parking racks throughout the municipality, and with emphasis on areas where bicycles have historically been parked. Interested persons may obtain a list of the locations of all city bicycle racks from the City Clerk. Sec. 4-40. Violation; Penalty. Any person who violates any of the provisions of this chapter shall be guilty of an infraction and shall, upon conviction thereof, be subject to a fine of ten dollars ($10.00) for each violation. Section 2. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage. PASSED AND ADOPTED this 7th day of August, 2012 Eric R. Bever, Mayor ATTEST: &"�& 4—tc Brenda Green, Interim City Clerk APPROVED AS TO FORM - Tho mia's ORM: Thomas u e, ity Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 12-5 was duly introduced for first reading at a regular meeting of the City Council held on the 3`d day of July, 2012, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 7th day of August, 2012, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: RIGHEIMER, LEECE, MENSINGER, MONAHAN NOES: COUNCIL MEMBERS: BEVER ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 8th day of August, 2012. BRENDA GREEN, INTERIM CITY CLERK (SEAL) I hereby certify that the above and foregoing is the original of Ordinance No. 12-5 was duly passed and adopted by the Costa Mesa City Council at the regular meeting held August 7, 2012, and that the summary of the adopted ordinance was published in the Newport Beach -Costa Mesa Daily Pilot on Friday, August 10, 2012. &"t�4�i BRENDA GREEN, INTERIM CITY CLERK (SEAL)