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HomeMy WebLinkAboutAgenda Report - March 17, 1999 E-14 PHr,, fCOUNCI L COMMUNICATION T, 09</FOM AGENDA TITLE: Set Public Hearing for April 21, 1999, to Consider Introducing an Ordinance to Add Lodi Municipal Code Chapter 10.43, 'Regulations for Roller Skating", and Amend Chapters 10.40, "Regulations for Bicycles", and 10.42, "Skateboards" MEETING DATE: March 17, 1999 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council set a public hearing for April 21, 1999, to consider introducing an ordinance to: Add new Lodi Municipal Code (LMC) Chapter 10.43, `Regulations for Roller Skating", authorizing the regulation of roller skating (Exhibit A). 2. Amend LMC Chapter 10.40, "Regulations for Bicycles", by amending Subsection 10.40.020 (C.), "Bicycle Riding Rules", by adding a reference to include public or private property that has been properly signed; and the addition of Subsection 10.40.030, "Posted property — Bicycling prohibited without permission.", Subsection 10.40.040, "Signing and Posting — Method.", and Subsection 10.40.050, "Violation — Infraction." (Exhibit B). 3. Amend LMC Chapter 10.42, "Skateboards", changing sign size from a minimum of 18"x18" to a minimum of 12"x18" (Exhibit C). BACKGROUND INFORMATION: In the attached letter (Exhibit D), the Vice President of the Downtown Lodi Business Partnership has requested that skateboards, bicycles, and rollerblading (roller skating) be prohibited on sidewalks in the downtown area due to safety concerns. While the City can administratively regulate the use of skateboards and bicycles under LMC Subsection 10.40.026, there are no regulations for roller skating. The purpose of this memo is to present an ordinance for discussion which would regulate roller skating, and also make minor changes and additions necessary to provide uniformity related to the signing and posting of this and similar restrictions. 1. Regulations for Roller Skating California Vehicle Code Section 21969 allows local authority to adopt rules and regulations by ordinance to regulate the use of roller skates on sidewalks as well as roadways. Based on this, a new LMC Chapter 10.43 was drafted to regulate roller skating both in the public right-of-way and other posted properties, very similar to the existing skateboard regulations. The definition of roller skates would include in-line skates, commonly called "rollerblades." This would allow the City to administratively post sidewalks to prohibit skating and property owners to do so on site as well. 2. Skateboards Per LMC Chapter 10.42, the minimum sign size required to prohibit skateboarding is 18"x18". This sign was selected because it was needed to accommodate the cartoon depiction of a skateboarder that was first used to designate this restriction. However, some businesses felt the cartoon ApnoviU: N. Dixon Flynn -- City Ma ager CSETPHDWNTNSKATE.DOC 03/08!99 Set Public Hearing for April 21, 1999, to Consider Introducing an Ordinance to Add Lodi Municipal Code Chapter 10.43, 'Regulations for Roller Skating", and Amend Chapters 10.40, "Regulations for Bicycles", and 10.42, "Skateboards" March 17, 1999 Page 2 character was not appropriate, so, in those cases, word signs were used. There is no other significance to the sign size, and reducing the sign size to a minimum of 12" wide by 18" high would not affect the ability to post the larger signs. The reduced sign size will be the same as standard "No Parking" and "Time Limit Parking" signs, so signs can be mounted back to back, if needed. 3. Regulations for Bicycles The final issue is the standardization of posting method and sign type for the restriction of skateboards, bicycles and roller skates. At this time, the LMC specifies sign wording, size, and posting method for skateboards but not for bicycles. In order to provide consistency, the sign wording, size, and posting method would be added to the regulations, as shown on Exhibit C. RECOMMENDATION: Although we have concerns about discouraging people to go Downtown, based on the safety concerns expressed by the Downtown Lodi Business Partnership, staff recommends that Council set a public hearing to publicly review this issue. FUNDING: Not applicable. 1(4id 424. ) Richard C. Prima, Jr. Public Works Director Prepared by Rick S. Kiriu, Senior Engineering Technician RCPIRSKAm Attachments cc: City Attorney Administrative Assistant to the City Manager — Haynes Police Chief Police lieutenant — Tobeck Police Officer — Paine Street Superintendent Associate Traffic Engineer DLBP Vice President - Goldberg CSETPHDW NTNSKATE.DOC BXHIBI T A NEW CHAPTER Section 10.43.010 Definitions Section 10.43.020 Using roller skates where prohibited Section 10.43.030 Posted property – Roller skating prohibited without permission Section 10.43.040 Posting – Method Section 10.43.050 Violation – Infraction 10.43.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. "Posted property" means any property specified in Sections 10.43.020 and 10.43.030 which is posted in the manner provided in Section 10.43.040. B. "Signs" means a board, placard, card or similar device not less than twelve inches by eighteen inches in size with lettering not less than one inch in height, upon which appear the words 'Roller Skating Prohibited" or which contains a picture of roller skates over which appears the international symbol for prohibition of a red circle and slash, along with reference to this ordinance number. Such sign may be painted directly upon a sidewalk, pavement or wall. C. "Roller Skate" is defined as any device or conveyance with any number of wheels or tracks, whether off -set or in-line, attached to each foot, and which are designed to be or can be propelled by human power, and include "rollerblades." 10.43.020 Using roller skates where prohibited. No person shall use or ride any skateboard or other similar device in, upon, or around any on-site roadways, sidewalks, parking facilities, or pedestrian walkways located on any city -owned property which has been appropriately signed under this chapter, nor upon any other public or private property where appropriate signs, as prescribed herein, have been posted. (Vehicle Code 21969) 10.43.030 Posted property—Roller Skating prohibited without permission. It is unlawful for any person to use or ride roller skates on any posted property without the written permission of the owner(s), tenant(s), or other occupant(s) in legal possession or control thereof. 10.43.040 Posting --Method. Property may be posted against the use of or riding of roller skates on posted property in the following manner: A. If the property does not contain any lineal dimension exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding one hundred feet, and, if such property has a definite entrance or entrances, at each such entrance. B. If the property has lineal dimensions exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding two hundred feet, and, if such property has a definite entrance or entrances, at each such entrance. C. Public sidewalks or walkways where roller skating is prohibited shall be posted with at least one sign per block on each side where roller skating is regulated, or every three hundred feet, whichever is less. 10.43.050 Violation --Infraction. A violation of this chapter of the municipal code shall be an infraction. mliPmrd rine AMENDED CHAPTER Section 10.40.010 Bicycle license required Section 10.40.020 Bicycle riding rules Section 10.40.030 Posted Property — Bicycling prohibited without permission Section 10.40.040 Signs andop sting method Section 10.40.050 Violation — Infraction 10.40.010 Bicycle license required. A. All bicycles operated in the city shall be licensed and registered by the city. B. Bicycle licenses shall be issued by the police chief. The police chief is authorized to issue rules and regulations, not inconsistent with this section or accompanying council resolution, governing the issuance and display of bicycle licenses. C. The police chief shall collect a fee as established by resolution of the council from time to time for each license issued. D. This section does not apply to bicycle manufacturers or dealers transporting, displaying or demonstrating bicycles, or to the operators of bicycles not residing within the city limits; provided that such operators not residing within the city limits have complied with any registration and licensing requirements of the local authority in which they reside. E. The police department shall have the right to impound and retain possession of any bicycle in violation of the provisions of this section, and may retain possession of such bicycle until the provisions of this chapter are complied with. 10.40.020 Bicycle riding rules. A. No person shall operate a bicycle on the sidewalk in a business district. B. Persons operating bicycles on the sidewalk shall yield the right-of-way to any pedestrian approaching thereon, and shall exercise due care for the safety of any person upon the sidewalk. C. Persons operating bicycles on the sidewalk shall obey any signs posted by the public works director in accordance with Section 10.40.040 regulating or prohibiting the riding, walking or parking of bicycles on any public or private prggxU. (Vehicle Code § 21206) D. Subsections A and C of this section shall not apply to police personnel acting within the course and scope of their employment. 10.40.030 Posted proper --- Bicycling prohibited It is unlawful for any person to ride bigycles without permission. on anypostedprO�ty without the written permission of the owners) tenants) or other occupant(s) in legal possession or control thereof. 10.40.040 Posting and signing - Method. Property may be posted against the use of or riding of bicycles in the following manner: A If the property does not contain any lineal dimension exceeding three hundred feet by posting singssigns at each corner of the area and at intervals not exceeding one hundred feet and if such property has a definite entrance or entrances at each such entrance. B If therrooperty has lineal dimensions exceeding three hundred feet by postina signs at each corner of the area and at intervals not exceeding two hundred feet and if such property has a definite entrance or entrances. C Public sidewalks or walkways where bicycling at each such entrance. is prohibited shall be posted with at !Gast one sign per block. on each side where bicycling is regulated or every three hundred feet, whichever is less. D "Signs" means a board placard card or similar device not less than twelve inches 12y eighteen inches in size with lettering not less than one inch in height. upon which appear the words "Bicycling Prohibited" or which contains a picture of a bicycle over which appears the international symbol for prohibition of a red circle and slash along—with reference to this ordinance number. Such sion may be painted directly upon a sidewalk pavement or wall. MMIM raction. violation of this chapterof the-maiciDal-codeh. . iikactiou bikeord EXHIBIT B EXHIBIT C Chanter 14 42_S T Section 10.42.010 Definitions Section 10.42.020 Using roller skates where prohibited Section 10.42.030 Posted property — Roller skating prohibited without permission Section 10.42.040 Posting — Method Section 10.42.050 Violation — infraction 10.42.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. "Posted property" means any property specified in Sections 10.42.020 and 10.42.030 which is posted in the manner provided in Section 10.42.040. B. "Signs" means a board, placard, card or similar device not less than eighteen twelve inches by eighteen inches in size with lettering not less than one inch in height, upon which appear the words "Skateboarding Prohibited" or which contains a picture of a skateboard over which appears the international symbol for prohibition of a red circle and slash, along with reference to this ordinance number. Such sign may be painted directly upon a sidewalk, pavement or wall. C. "Skateboard" means any device or conveyance with any number of wheels, with a riding surface of any design intended primarily for a person to stand upon with one or two feet, and which is designed to be or can be propelled by human power, and which is not classified as a bicycle or tricycle. 10.42.020 Riding skateboards prohibited where. No person shall use or ride any skateboard or other similar device, in, upon, or around any on-site roadways, sidewalks, parking facilities or pedestrian walkways located on any city -owned property which has been appropriately signed under this chapter, nor upon any other public or private property where appropriate signs, as prescribed herein, have been posted. 10.42.030 Posted property-- Skateboards prohibited without permission. It is unlawful for any person to use or ride skateboards on any posted property without the written permission of the owners, tenant or other occupant in legal possession or control thereof. 10.42.040 Posting --Method. Property may be posted against the use of or riding of skateboards on posted property in the following manner: A. If the property does not contain any lineal dimension exceeding three hundred feet, by posting singssi at each corner of the area and at intervals not exceeding one hundred feet and, if such property has a definite entrance or entrances, at each such entrance. B. If the property has lineal dimensions exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding two hundred feet and, if such property has a definite entrance or entrances, at each such entrance. C. Public sidewalks or walkways where skateboarding is prohibited shall be posted with at least one sign per block, on each side where skateboarding is regulated, or every three hundred feet, whichever is less. 10.42.050 Violation --Infraction. A violation of this chapter of the municipal code shall be an infraction. ckafPnrrf rlr L-11 Exhibit D 18 1999 Downtown Lodi Business Partnership;*�,�:�;� -Y OF P.O. Box 1565 Lodi, CA 95241 February 17, 1999 City Council City of Lodi 221 W. Pine Street Lodi, Ca 95240 Dear Councilmembers: On behalf of the Downtown Lodi Business Partnership, I would like to request that the ordinance prohibiting bicycles and skateboards on downtown sidewalks be amended to include rollerblades. They, too, represent a significant hazard to pedestrians, and the problem will only worsen as our business environment continues to expand. Thank you very much. Sincerely, a(?�' ADO& Alan M. Goldberg Vice President AMG: sh •, CITY OF LODI NOTICE OF PUBLIC HEARING Carnegie Forum Date: Wednesday, April 21,1999 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Alice M. Reimche City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, April 21, 1999 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) introducing an ordinance to add Lodi Municipal Code Chapter 10.43 "Regulations for Roller Skating", and amend Chapters 10.40, "Regulations for Bicycles" and 10.42, "Skateboards'. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, P.O. Box 3006, at or prior to the Public Hearing. See' WMReimche 4o City Clerk Dated: March 17,1999 Approved as to form: Randall A. Hays City Attorney JACITYURKIFORMSINOTGEN.000 3117199 CITY COUNCIL KEITH LAND, Mayor STEPHEN J. MANN Mayor Pro Tempore SUSAN HITCHCOCK ALAN S. NAKANISHI PHILLIP A. PENNINO CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 March 11, 1999 Mr. Alan Goldberg, Vice President Downtown Lodi Business Partnership P. O. Box 1565 Lodi, CA 95241 H. DIXON FLYNN City Manager ALICE M. REIMCHE City Clerk RANDALL A. HAYS City Attorney SUBJECT: Set Public Hearing for April 21 1999, to Consider Introducing an Ordinance to Add Lodi Municipal Code Chapter 10.43, 'Regulations for Roller Skating", and Amend Chapters 10.40, "Regulations for Bicycles", and 10.42, "Skateboards" Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, March 17, 1999. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. As indicated in the title, the only action will be to set a public hearing date on the item. Public hearings are usually set for the second following Council Meeting. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Alice Reimche, City Clerk, at 333-6702. If you have any questions about the item itself, please call Rick Kiriu at 333-6800, ext. 668. ARichardC. Prima, Jr. Public Works Director RCP/lm Enclosure ` / cc: City Clerk V NCSETPHDWNTNSKATE.DDC