HomeMy WebLinkAbout- NB-1 - Bicycle Parking Ordinance - 7/3/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: July 3rd, 2012 ITEM NUMBER:
SUBJECT: BICYCLE PARKING ORDINANCE
DATE: JUNE 7, 2012
FROM: POLICE DEPARTMENT- FIELD OPERATIONS DIVISION
PRESENTATION BY: VICTOR BAKKILA, POLICE SERGEANT
FOR FURTHER INFORMATION CONTACT: VICTOR BAKKILA (714) 754-4812
vbakkila@costamosaca.gov
NBA
RECOMMENDED ACTION:
1. Introduce ordinance for first reading to be read by title only and waive further
reading.
BACKGROUND:
The Homeless Task Force (HTF) was formed by the City Council in January, 2011 in a
response to a series of incidents in the Lions Park vicinity. Problems due to vagrancy
included individuals sleeping in the park overnight, multiple encounters between the
homeless population, library, and community center patrons, and a variety of complaints
from adjacent property owners and park users.
The HTF adopted nine goals and recommendations dealing with the issues related to
homelessness. Since that time, the City, in conjunction with both the faith based and
non-profit communities, has encouraged and implemented a variety of policies and
programs including an ordinance prohibiting sex offenders in the park, a church run
storage facility, a Neighborhood Improvement Task Force which deals with
homelessness and community blight, and a church instituted family reunification
program. The City is also reviewing its abandoned property ordinance as well as other
ordinances and policies dealing with hotel/motel nuisance abatement, vice activities,
and long term motel occupancy rates.
As part of its review of quality of life issues, the City has also undertaken a variety of
public improvements designed to improve its parks and recreational areas. In
cooperation with the Churches Consortium, and with the advent of the church operated
"Check-in Center" storage facility, the City recently removed the railing in front of the
Downtown Library which was used by the homeless for short-term storage. Similarly,
the City recently began demolition of the picnic shelter at Lions Park in anticipation of
newer, permanent recreational facilities.
During the past several years, there have also been citizen complaints regarding
bicycles being attached to poles, trees, fire hydrants, utility boxes, and irrigation
systems throughout the city. In several areas, these locked bicycles have blocked the
right of way on sidewalks and other areas in the city including parks. Many of these
bicycles were abandoned for several days. Additionally, over the 5 -month period from
January to May 2012, there was a 68% increase in bicycle thefts compared to the same
5 -month time period in 2011 (January to May 2011).
City staff believes the best course of action to mitigate these thefts and to eliminate the
blight of bicycles being locked throughout the city is to enact a bicycle ordinance similar
to the one in the Freehold Borough in New Jersey. The New Jersey ordinance deals
directly with improper bicycle parking which not only blocks the circulation paths of
vehicular and pedestrian traffic, but also creates visual clutter along the streets. The
ordinance prohibits a person from locking a bicycle to poles, traffic signs or signals,
hydrants, mailboxes, trees, 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. Similarly, the City of Costa Mesa is facing the same issue and is
responding with a bicycle parking ordinance to protect access and reduce visual
disorder on the street.
ANALYSIS:
Proposed Ordinance Requirements
The proposed ordinance protects the public welfare by regulating where and how
bicycles may be parked (Attachment A). It prohibits bicycles from being locked to public
infrastructure other than bicycle racks on public and private property. Bicycles locked in
locations not designed specifically for bicycle parking shall be impounded. Owners who
have had their bicycles impounded will be able to retrieve their bicycle from the City
after paying the storage costs incurred by the City. The penalty for improper locking of
one's bicycles will provide a disincentive from improper parking that impedes public
circulation. Furthermore, bike owners will be encouraged to utilize the church storage
Check-in Center facility for proper storage.
In addition to Freehold, New Jersey, several neighboring cities such as Newport Beach,
Huntington Beach, and Irvine have enacted bicycle ordinances which either regulate
abandoned bicycles or stipulate bicycle parking requirements. Attachment B shows the
standards for these comparable cities.
Existing Bike Racks in Costa Mesa
There are currently 30 parks and 38 bike parking spaces in those same parks in the city
of Costa Mesa (Attachment C). The City conducted two separate analyses to determine
bicycle rack adequacy. The City performed a brief bicycle rack usage analysis to
estimate whether parks and other public facilities had adequate amounts of bicycle
parking (Attachment C). The following locations were studied because they exhibited a
high usage level, as determined by the number of picnic shelter reservations between
May 2011 and May 2012. Those parks are:
1. Tewinkle Park
2
2.
Fairview Park
3.
Lions Park
4.
Shiffer Park
5.
Wakeham Park
Based on the number of racks as well as a usage analysis by the Housing and Community
Development staff, there appears to be an inadequate number of bicycle racks in the city
parks observed. An additional 22 bicycle parking spaces would be needed to
accommodate the bicycles observed during the survey time period. Based on this survey,
the majority would need to be in Lions Park. Moreover, staff plans to carry out an
additional usage survey based on peak weekend times prior to finalizing the data.
An additional analysis was undertaken looking at bike racks needed as a percentage of
vehicle parking spaces at each park. It was estimated that parks would require 23 new
bike spaces. Based on this evaluation, Lions Park had adequate bicycle parking spaces
while the other four parks had a deficit of spaces.
The City is in the process of a grant application to fund more bicycle parking racks for
public facilities. If more racks are provided, funding will possibly be available in July,
2012. Thus, enforcement would be rolled out on a "phased basis" based on the timeline
for installation of new racks in the parks. Additionally, in parks where there are currently
no bike racks, which are typically smaller parks, there will be no enforcement given the
lack of bicycle parking spaces in those locations. However, it is suggested that prior to
any bike racks being funded in parks with existing bike racks, an additional survey be
conducted after the Bicycle Parking Ordinance is adopted. It is also possible that once
the Check-in Center near Lions Park becomes more fully utilized, additional bike racks
may not be needed at these locations.
ALTERNATIVES CONSIDERED:
The City can choose not to adopt the proposed Bike Parking Ordinance and continue to
allow bikes to be parked and locked to public infrastructure and or other facilities.
FISCAL REVIEW:
This ordinance will not generate any new financial obligations to the City of Costa Mesa.
Depending on the number of fines for improperly locked bicycles, the ordinance will
possibly generate a small amount of revenue, and this revenue will be used to offset
any storage costs associated with the impounding of bicycles.
LEGAL REVIEW:
The City Attorney's office has reviewed and approved the attached municipal ordinance
as to form and content.
CONCLUSION:
Currently the existing municipal code does not address bicycles being parked in the city
outside of bicycle racks. The adoption of this municipal code will give the Costa Mesa
Police Department the proper tool to improve access and the visual character of the
streets in the City of Costa Mesa. The consolidation of bicycles in approved racks
should reduce the blight and thefts associated with bicycles spread throughout the city.
VIC BAKKILA
Sergeant— Community Services
TO U)Z-(-
RT,121�
City Attorney
DISTRIBUTION: City CEO
City Attorney
Finance Director
City Clerk
(
Ae
Chief of Police
ATTACHMENTS: A) Proposed Costa Mesa Bicycle Parking
Ordinance
B) Comparable Cities with Bicycle Parking
Policies
C) Bicycle Rack Assessment
D) Bicycle Demand Analysis
10
Attachment A:
ORDINANCE NO. 12 -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA ADDING CHAPTER III OF
TITLE 4 OF THE COSTA MESA MUNICIPAL CODE
RELATING TO BICYCLE PARKING REGULATE+OX$
WHEREAS, there exists a need to regulate the
and securing bicycles in, on and about public property
WHEREAS California Vehicle Code
may, by ordinance, regulate the parking and
bicycle facilities, provided such regulation is
Vehicle Code; and
WHEREAS California VehicW e Section 21211
may, by ordinance or resolution, pr( ga� parking i
public highway, provided that appropria ,s erect
fill
NOW, THERE ON I E CITY ChINCIL OFT
DOES HEREBY QI AIN A k)LLOWS: h,
Section 1. Chapter II
as follows:.,.¢,€r,x,..
Sec.
of parking
Mesa; and
provides thgtl authorities
cyor
e510
of the
that local authorities
:ed areas of the
E CITY OF COSTA MESA
Municipal Code is hereby added
SECURING OF BICYCLES
A. The unconsemi-p d place °nt and tethering or securing of bicycles in public rights -of —
way and righ of -way, on or to public property, presents an inconvenience
and danger to the J. nd welfare of persons using such rights-of-way, including
{a
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 downtown business district 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 fOMb pu`r'pose of securing
and promoting the general welfare of persons in the city in se of public rights-of-
way and semi-public rights-of-way and other public props th 4 h the regulation of
bicycle parking in the city so as to:
1. Provide for pedestrian and driving safe
r'and convenience;
2. Ensure no unreasonable interference W13le fl #144, pedestrian
vehicular traffic including ingress to, or egre any place of business, or
from the street to the sidewalk ll use of the side use of public parks or
property;1ttr}>..
3. Provide reasonable access forte 69WI SairtenoWce of public sidewalks,
poles, traffic signs and signals, hyc nt a rtrees, and similar
appurtenances,, j031 J ss to locat r� used fublic transportation purposes;
4. RE,-duce� light the public ri Is ?if -way and semi-public rights-of-way,
protect the aest ar a of surr t�i�ding properties, and protect the quiet
enjoy f publi� s, Illlljt
��y, ��
educe ex Qof itt� ty tq personal injury or property damage claims andn.
6. PyQqt and safeffl@rd bicycles from vandalism, damage or theft.
Sec. 4-34.
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
2
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, 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 purpr except that bicycles
may be parked on private property with the consent of the prg,� 8Wner.
B. Anything affixed to, or on a bicycle tethered or
shall fit in one bicycle rack space and shall not pr
space.
C. All bicycles discovered by the city to haven}0° tethers
als
sidewalks, poles, traffic signs or sign, hydrant iilbo:
appurtenances or on or in any public rights-of-way
any other fashion on or to anything her than a bicy
purpose, abandoned or otherwise lef� ublic streets,
private property without the consent o!! r shall be
city. The owner of such bicycles may cl t �� the
amount to be established by resolution o I e C
time to time, for each biryugl claimed, to c gf# he mu
addition thereto, shal
resolution from timgj
right to impound A
chapter and may retain
area nine -MO
than a nen a
er day, of
rage of e
ssion of a
;66qto a bicycle rack
any �ent bicycle rack
11 I
>r secured r any
;A,trees, and siOtlo
#
r
-public rights-of-way or in
ng rack installed for that
alks, public property or on
rind impounded by the
paying a fine in an
may be amended from
retrieval costs, and, in
amountEto be established by the city by
such bicycle. The city shall have the
IrOle in violation of the provisions of this
e until the provisions of this chapter
ended pursuant to this section for longer
Id at auction in accordance with laws governing the
D. In ord6411 claim a bicy from 1Mpound, the owner must present a bicycle
registration or be abl identify the bicycle by make, color or any other fashion
sufficient to idthe bi le. The city shall not be responsible for any bicycle
impounded or re @r tqf person claiming to be the owner thereof.
Sec. 4-38. Bicycle Ff6rking 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 ($10.00)
for each violation.
Section 2. Any provision of the Costa Mesa Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
Section 3. If any section, subsection, sentence, clause, phras JW p ''ttion of this
ordinance is for any reason held to be invalid or unconstitu by the decision of any
court of competent jurisdiction, such decision shall not a��t t Iidity of the remaining
portions of this Ordinance. The City Council of the Cit osta hereby declares
that it would have adopted this Ordinance and ea�cl1j� joh, subs3-0 sentence,
clause, phrase, or portion thereof, irrespective of Ae fact'that any ore sections,
subsections, sentences, clauses, phrases or� �ns be q clared invali wi Jf#
unconstitutional. ¢ ns be
j
Section 4. The Mayor shall sign and the City Clerk shy'
adoption of this Ordinance and shall`Ipe the same tc
pursuant to the provisions of law in th and this
days after its final passage. l, 11jlg$,,,
PASSED AND AD
ayor
City Clerk of the City of Costa Mesa
of
to the passage and
dished and posted
nc%shall take effect 30
2012.
2
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA)
I, CHRISTINE GORDON, Acting 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. 12 --was introduced and considered section by section at a regular meeting of
said City Council held on the day of , 2012, and thereafter
passed and adopted as a whole at a regular meeting of said City Council held on
the day of , 2012, by the following ro1l,4)I vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereunto'09elfl1hand )I d affixed the`l gal of the
)
City of Costa Mesa this day of )�, 212. of
City Clerk and ex -officio
Clerk of the City Council of the
City of Costa Mesa
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Attachment C: City of Costa Mesa Bicycle Rack Assessment
Costa Mesa City Parks
Location
Address
Bike Rack Capacity
Bark Park
970 Arlington
0
Brentwood Park
265 E. Brentwood Place
0
Canyon Park
970 Arbor St.
0
Civic Center Park
77 Fair Dr.
0
Del Mesa Park
2080 Manistee Dr.
_
0
_
Estancia Park
1900 Adams Ave.
0
_
Fairview Park
2525 Placentia Ave.
0
Gisler Park
1250 Gisler St.
0
Harper Park
425 E. 18th St.
0
Heller Park
257 E. 16th St.
8
Jordan Park
2141 Tustin Ave.
0
Ketchum-Libolt Park
2150 Maple St.
0
Lindbergh Park
220 E. 23rd St.
0
Lions Park
570 W. 18th St.
15
Marina View Park
11035 W. 19th St.
0
Mesa Verde Park
1795 Samar Dr.0
--
Moon Park
3377 CaliforSt.
_nia 0
- ---- ----
Paularino Park
-
1040 Paularino Ave.
- —
0
Pinkley Park
360 E. Ogle St,
0
Shalimar Park
782 Shalimar Dr.
0
Shiffer Park
3143 Bear St.
0
Smallwood Park
1646 Corsica PI.
0
Suburbia Park
_
3302 Alabama Cr.
0
Tanager park
1780 Hummingbird Dr.
0
Tewinkle Park
970 Arlington Ave.
0
Vista Park
1200 Victoria St.
0
Volcom Skate Park
900 Arlington Dr.
15
Wakeham Park
3400 Smalley St.
0
- -----
Wilson Park
--
360 W. Wilson St.
- ---
0
Wimbledon Park
Wi
3440 mbll edd on Wa�
0
Total Parks
30
_
Total Parks' Bike Capacity
38
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