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SR-8-B (132)~ Sfi ~r.~c`~ _ p~ ~ ~ R ~a G~~o~ ~ ~ o~ F 1CMANAGERISTFRPRTSISKATBRD2 WPD Council Meetir~g July 28, 1998 JU~. 2 g ~ Santa MonECa, Califarnia TO Mayor and City Council FRQM City S#aff SUBJECT Recornmendatian to 1) Hold Public Hearing and Introduce for First Reading a~r Qrdrnance Amendrr~g Sect~on 3 12 ~90 of the Santa Monrca Munic~pal Code to Include the Ability flf City Courtc~l, by Resolut~on, to Prohibit or Limi# the Use of B~cycles on the Third Street Promenade Roadway When Necessary For Public Safety, and 2) Adopt Resolut~an Prohibiting Bicycles, Roller Skates, Skateboards, and Similar Devices With Wh~els on the Third Street Promenade Introduction Staff recornmends that City Council hold a public hearmg and intraduce for firs# reading an ordinance amending Section 3 12 59D af the Santa Mon~ca Municipal Code {S M M C) ta allow the Ci~y Council, by resolu#ian, ta prahibit ar limit the use of bicycles on the Third Stre~t Promenade roadway when necessary for public safety S M M C Section 3 12 590 presently allows the City Co~ncd ta prohihit or limit #he use of roller skates, skateboards, and similar devices with wheels, but does not address bicycles Staff also recammends thaf ~he Cify Councif ad~p~ a reso[ution a) prohifaiting rofler skates, skateboards, and simfiar de~ices w~th wheels an the Third Street Promenade under S M M C Section 3 12 ~90, ar~d b) prohib~ting bicycles on the Third Street Pramenade roadway under S M M C S~ction 3 12 59U when th~e ordinance amending that Section 3 12 59~ becomes effectiue Backqround The C~ty has regulated bicyclmg and other acti~i#ies on wheels since 1896, wl~en an ordinance was passed proh~biting "coasting" on City s~dewalks (Township Ordinance No ~ JU~ 2 8 ~ 236) In recent years, as the Third Street Promenade has become increasingly popular, concems about the threats ~o pedestnan safety posed by faster-moving skaters, skatebaarders, and bicyclESts ha~e resulted m requests frorn the Bayside Distnct Corparation {BDC}, #he Ementus College ofthe Santa Mornca Community College Distnct, the Commissian of Older Americans, and the general public for restrictions af these activities On July 26, 1994, the City Council adapted a series of ordinances on this sub~ect One proh~~aited ~se o€ b+cycles +n publ~c park~ng struct~res (S M M C Sect~on 3 12 540} except by Pokace personnel, and authorized the City Council, by resolut~on, ta adopt Eegulations ~rohibiting or fimiting "roiier skates, skate~oards and simifar de~~ces with wF~eefs" an publ~c streets and other public areas (S M M C Sectior~ 3 12 59D) Anather ordinance allowed City Cauncil ta regulate by resolution "devices with wheels," ~ncluding bicycles, in cultural or recreational facilities (S M M C Section 3 12 600) The City Counc~l also adop~ed an ordinance requirmg special publ~c notice and posting of signs at t~e area ta precede consideration of such a resolution (S M M C S~ction 3 12 61 U) The City Council did no# ban wheeled devices at any location in 1994, it merely established a procedure for do~ng so Ir~ March, 1995, based on mcreasingly crowde~i condat~ons of the Third Street Pramenade and certain parks, City staff again recommended a ban an wneeled devices in thase areas The City Counci~ #ook na actior~ at that time In February, 199$, Counal received letters from the Director a# Emeritus College, the Commiss~on on OEderAmericans, and the Bayside District Corporation, requesting that City 2 Counci~ consider restr~ctians once again On March 24, 1998, City Counc~l requested that City staff return with a range of o~tions relatmg #o bicycling, skateboarding, and rollerblad~ng on the ThErd Street Pramenade, requested input from enforcernent persanr~el, reques#ed that #o the extent possible City staff obtaEn information from other c~ties and Ven~ce, requested that City staff obtain information about apphcable legal restnctions, and requested that C~ty staff retur~ to City Cou~cil with recommendations This report fulfEf~s that request Public notice that the City Council will consider a ban, including post~ng of signs an the Th~rd Street Promenade as required under S M M C 3 92 610, has baen campleted Discussion Bicyclmg on sidewalks (rncluding Third Street Promenade sidewalks} rs prohibited in Sar~ta Monica No s~ch ~rohibitian exists with regard to bECycltng on the raadway or to skate~oarding or rollerblading The Third Street Promenade is a congested, pedestrian-oriented area Motor ~ehicles arE pre~ented from using the Promenade roadway by bollards placed at the cross streets Pedestrians move freely between the sidewalks and the roadway The popuiarity of the Pramenade increases yearly, with crowcfs ranging fram 540 to 1,800 pedestrians per black durmg the day and up to $,500 per block on weekend evenmgs Accidents and near- misses occ~ar between slow-moving pedestrians and higY~er-speed skateboarders, rollerbladers, and bicyclists Limited visibility due to the numbers af pedestrians, and the 3 unpredictability af the pedes#rian flow as people sto~, turn, or change direcfion suddenly, contnbute to the likelihood af collisions or near-misses Tl~e presence of sagnificant numb~rs of skateboarders, rollerbladers, and bECyclists perFarm~ng tr~cks or speeding past intimidates pedestrians, particulariy seniors Of the three activities being exammed, skatebaardmg creates the most problems Skate6oarders are not at~ached to users, and ha~e no brakes When skateboarders perform s#unts or lose control, the boards became flying pro~ectiles with the potential to ~n~~re passersby, and c~use property damage Since January 1, 199$, law enforcement personnel from the Third Street Bifce Unit have encountered individuals usjng skatei~oards in a r~ckless or potentially property-damagmg manner on 14 occasions, mcludmg ~rvo in~ur~es and one fight Warnings and/or Field Interv~ew cards were campleted, but no citations were issued as the act~vity is nat prohibited Rollerbladers and bicyclists who are reckless or out-of-control also create hazards The most accident-prone rollerbladers are nov~ces trymg out new or rented equipment in publ~c pedestr~an areas In April 1998, a palice off~cer directing traffic sustained in~uries requirmg treatment at UCLA-Santa Monica HospEtal as the result of an encounter with a rollerblader skatmg out of controf Over the last five years, twenty-four ciaims have been filpd againsi the City for inJur~es mvol~ring b~cycfes, compared w€th stxteen cla~ms ~~rvolvmg roNerblades The number of cla~ms mvol~ing rollerblades has increased ~n recent years due to the growing popularity of ~~-line skatmg The anecdotal evidence and number of complaints greatly exceed the number of actual claims against the City or formal in~ury reports City 4 staff belie~es this may be due to pu~lic recognit~on that the City is not responsible far accicfents in~olving pnvate indi~iduals on skateboards, rollerblades, and bicycles. The proposed ban is fimited to the Th~rd Street Promenade, a pedestrian-oriented area of anly three blocks with sidewa~k access or~ cross streets and neighboring ones Numeraus alternative routes exist for bicyclists, skateboarders, and roller~laders Under the recommended ban, a slca#e~oarder, bECyclist or rollerblader could easily reach the Third St~eet Promenade ~ia his or her preferred made of transportatian, but would be expected to navigate the three blocks af the Promenade whde walking the bicycle, or carrying the skatebaard or rollerblades The Promenade has twenty-four b~cycle racks ~f a bicycl~st chooses to lea~e h~s or her bicycle and patronize a business In regard ta recreatEOnal alternatives, the Boys & Gir[s Club of Santa Monica ~as pro~ided a skate paric for supen-ised m-fine skating and skateboarding, supported by City funding since December, 1997 The Skate Park is presently lacated at 721 Ocean Park Boule~ard at the OlympEC Contmuation School Site Far a$5 per year Club membership #ee, local youth can s~Cate in a supervised area set aside especially far these activities severt days per week Partic~pants are requ~red to wear safety equipment, and three staff members are present at all times The program serv~ces an a~erage of '! 40 skaters per day rangmg in age from 7 to 1~ years Qther C~tres' Expenences and Solut~ons City staff researched overtwenty cities, including Pasadena, Santa Barbara, Miami Beacl~ 5 (Lincaln Road area), St Charles, Tampa, Coldwater, Sacramento, San Francisco, and Newport, and found that Santa Monica`s expenences with skateboards, rollerblades, and b~cycles are not unique Concern about intimidation of pedestnans and the safety hazard posed by high-speeci acfi~ity among throngs of slower-mo~ing pedestrians ha~e led many cities to ban wheeled acti~ities from downtown district sidewalks and popular pedestrian areas Skateboarding on public sidewalks was most often prohi~ited Praper#y damage by skateboarders is a frequently-cited issue Areas where skateboarders congregate are often abandoned by other users These bans are seen as a means of providing aptimum safety and comfart for the broadest range of users and helpEng cities I~mit their pfltential liabil~ty Many cities banning skatebaards and inline skating in extensive areas are making some effort to establisF~ alternative sites where skating is encouraged, such as special skateboard sites Reckless skating ordmanees ha~e been adopted m some cities, hawe~er, enforcing these ordinances is time-and personnel-intensi~e, and some cities ha~e reverted to an outright ban in the more popular pedestnan areas In St Charles, IL, for ~nstance, a ban on skateboarding and rollerblading in #he downtown business distrrct was lifted m favor of a pragram of warnings, consultatians befween youth and police officers, temporary confiscation of equipment, and then citations This approach was abandoned on[y e~ghteen months after its inception when t~e downtown became a magnet far such acti~ity and the police were overwhelmed w~th the ~olume of skateboards and rollerbladers St Charles reinstated its ban and apen~d a park to skateboarders instead 6 Self-palECing and courtesy efforts linked ta educat~on and training ~ave had some success, although the ma~or ci#y trying this approach reports that it works bet#er with in-line skaters and b~cycl~sts than with skateboarders Miami BeacE~ uses an educat~on program on ~incoln Road, where a ~olunteer graup, the Natianal Skate Patrof, sends skaters aut during peak periods to encourage safe m-line skatmg According #o members of the patral, they have been successful in cutting down the number of out-of-control skaters and slowmg dvwn those aust "blowmg through " They give on-the-spot clinics for no~ice skaters, and focus on courtesy and safety in general The Skate Patrol members admit they have been much less successful with skateboarders, despite their efforts, and at this point the C~ty of Miami Beach has banned skatebosrdmg from Lincol~ Roacf entirely Miami Beach City officials belie~e that the $50 skateboard citations ha~e been efFecti~e in reducing skateboarding activity and subsequent accidents When asked about senior ci#izens, both the City and the Skate Patrol ind~cate fhat some acc~dents involvmg the elderly still occur, ~ut the Skate Patrol belie~es ~ts presence has reduced the number of mishaps Venrce fn Venice, as m Santa Manica, roller~lades and skateboards are prohibited on the Beach Bike Path, however, the Police are nat currer~tly enforcing this ordinance The Los Angeles Municipal Code prohib~ts pedestnans from usmg the bike path, and bicycies from using the baardwalk An average af 1 a0 c~tat~ons per weekend are ~ssued for tE~ese offenses A larg~ in~estment of law enforcement personnel is required to enforce th~se pro~isions 7 Bicycl~s, scooters, skates, skateboards, and other wheeled bicycles are totally forbicfden on the Vllashington Pier Ska~ers and skatebaarders ha~e de~eloped special locations within the Ven~ce Beach area where they perform, but these areas are not customardy used by either pedestr~ans or ather recreationists Drscussion of Alternatives To a Ban on Wheeled Dev~ces on the Thrrd Sfreet Promenade 1 Allowinq Rollerskates and !n-L~ne Skates Both the publ~c feedback that City staff has recei~ec~ to da#e and the experience of other cities indicates that rollerblading or in-I~ne skating are viewed as being less dangerous than skateboardmg or bicyclmg Althaugh all three activ~tres are welcomed as en~ironmentally- sound modes of tra~eling to the Third Stree~ Pramenade, skateboards and bicycles both in~ol~e physical equipment from which the enthusiast can become separated While it is easy to dismount, it is more diffic~lt for rollerbladers or inline-skaters to get off their wheels if they wish to patronize a local bus~ness unless they carry shoes A potenttal alternative to the staff recommendation would be to prohibit riding skateboards and b~cycles an the Third Street Promenade but to allow skatsng Under this scenario, City staffwauld monitor complaints and accidents on the Third Street Promenade and return to Cauncil jf any change in regulatians is necessary 2 Reckless Skatmq/B~cycllnq ~rdrnance Suc~ an ordinance would be difficult and personnel-intens~ve to enforce Determination 8 of "reckless° behavior would require a senes of ~udgment ca11s ~y police officers as to speed, number of "reckless" maneuvers witnessed o~er a period of time, and crowded conditions present at the time of the observations ExperEence in Santa Monica and ot~er cit~es has s~own tha~ this can red~ce the fikelihood that citations will be issued In arder to effect~vely enforce a reckless skatinglbicycling ordinance, addEtional police officer presence on the Third Street Promenade would be necessary Such c~tatians cannot be made by Gommuni#y Service Officers under current Pofice Officers' Association bargaining un~t rules The present Third Street police deployment is fully engaged m routine patrol and increased attention to enforcement of street performer and noise ardinance provisians Although diWerting presentresaurcestothe Promenadewould mean more officer visib~lity on the Pramenade, it would draw officers away from Bayside District alleys and parking structures, and from otherareas ofthe City An outright ban wauld ha~e none of these effects, and would not require additional officers ta enforce 3 Valunteer "Enforcement" Format~an of a volunteer "safe skating patrol" on the M~ami BeacF~ model could be beneficial C~tyw~de, regardless of whether the activity is banned on the Thrrd Street Promenade Th~s k~nd of patral would become esp~cEafly impartant Ef the City Council does not prohibit ~n-Ime skaters and rollerbladers The Santa Monica Pier and the Beach Bike Path are also areas where a safe skating patro! might be useful The City's ro~e, and respansibil~ty, if any, in encourag~ng such a patrol must be e~aluated 9 Budgetary/Financial Impact A ban on skatebaarding, andlor ralferblading on the Promenade and bicycling on the Promenade raadway would create na budgetary or fmancial ~mpact beyond lessening potential liability and generat~ng same income from c~tat~ons RecommencEation Staff recommends that City Council hold a public hearing and introcluce for tirst readmg an ordinance amendi~g Section 3 12 590 ofthe Santa Monica Mun~cipal Code (S M M C) to allow the City Cfluncif, by resolution, to prohibit or limit the use of bfcycles on the Third Street Promenade roadway w~en necessary for public safe#y, and adopt a reso[ution a} prohibiting raller skates, skateboards, and sim~lar devices with wheels on the Third Street Promenade under S M M C Section 3 12 590, and b) prohibiting bicycles on the Third Street Promenade raadway under S M M C Sect~on 3 12 590 when the ordinance amending that Section 3 12 590 becomes effecti~e Prepared by Jeff Mathieu, Direc#or of Resource Management James Butts, Chief of Police Howard Rabinson, Ecanomic Development Manager George Centeno, Lieutenant, Directec! Reso~arces Division Gwen Pentecast, Sr Admin Analyst, Economic Development Di~ Attachment Ordmance Resol€ation 10 f lattylmun~llawslbarrylskate ord City Council Meeting 7u~y 28, 199$ Santa hsonica, Cahforma ORDINANCE NUMBEIZ (CCS) {Ctty Council Ser~es} A~r 4RDIVA~~CE OF THE CITY COUNCIL OF THE CITY OF SANTA M4NICA Ah~l`'DItiG SECTION 3 12 590 OF THE SANTA A~IQNICA h~UNICIAAL CODE TO ALLO~'~' THE CITY C~LJI~CIL, BY RESOLUTION, TO PRQHIBiT OR L~vIIT THE USE OF BICYCLES ON THE THIltD STREET PROMENADE ROADVVAY W~-~N NECESSARY FOR PUBLIC SAFETY THE CITY COUNCIL OF THE CITY OF SANTA A~10I~ICA DQES ORDAIN AS FOLLOWS SECTION 1 Santa Monica Municipal Code Section 3 12 590 ~s amended to read as follows SECTION 3.12.590 Regulatian of roller skates, skateboards and similar de~~ices with wheels on ~ublic streets and other public areas and bic~~cles on the Third Street Pramenade roadwav. The C3ty Council may, by resolution, adopt regulat~ons prohibitmg or lim~ttng the use of b~cycles on the Third Street Promenade roadway and the use of roller skates, slcateboards and s~milar devices vvith wheels in public street rights-of-way, or sections thereof, and other public areas, or sections thereof, where necessary for public safety SECTIDN 2 Any pro~ision of the Santa Monica Munic~pal Code or appendices thereto ~ncons~stent u~ith the pravisions of this Ordmance, to t~ie extent of such inconsistencies and no further, is hereby repealed or mod~fred to that extent necessary to effect the provysrons of th~s Ordin~nce SECTION 3 If any sectton, subsection, sentence, clause, or phrase ofthjs Ordmance is for any reasan he~d to be invalid or unconstitutianal by a dec~s~an of any court of competent ~urisdiction, such dec~sion shall not affect the vahdity of the remaimng partions of this Ordinance The Crty Council hereby declares that ~t tivould have passed this Ordtnance and each and every section, subsect~on, sentence, clause, or pnrase not declared inval~d ar unconst~tutional u~ithout regard to whether any portion of the ardinance would be subsequently declared inval~d or unconstitutional SECTION 4 The Mayor shall sign and the City Cierk sF~all attest to the passage of this Qrdinance The Crty Clerk shall cause the same to be p~ablished once ~n the official nev~~spaper with~n 15 days after rts adaption This Ordmance shall become effectjve 30 days from its adoptton APPROVED ~S TO FORM ~ f . ~'~~- MARSHA JO S ~ZOLJTRIE City Attorney f 1att~lmurul~awslbarlskate res Cit~ counci111-ieetmg, ~uly 28, 1998 RESOLUTIOI~ I`'U:17BER 9304 {Cin Caunc~t Series~ ~ Santa'~~Tonica, Californ~a A RES4LUTION OF THE CITY C4UI`CIL QF THE CITY OF SAI`TA MOIVICA TO PROHIBIT THE USE OF B~CYCLES, ROLLER SKATES, SKATEB~ARDS_ AT~~7 SIMILAR DEVICES V4'ITH WHEELS ON THE TH1RD STREET PROI~~NADE WHEREAS, tf~e Th~rd 5treet Fromenade rs a pedestr~an mall established under tt~e Pedestnan l~~all Law of 1960 and is clased to ~eneral ~~ehicular traffc, and, WHEREAS, the T'hird Street Promenade is compnsed of three blocks in the Bays~de District of the C~ty, and, VVHEREAS, the Tk~ird Street Promenade has exper~enced a drarnatic mcrease ~n the number of shoppers, diners, mov~e-~oers, vendors, street performers, and non-profit and free- speech groups ~n recent years, and, V4'I~REAS, the Third Street Promenade has become a locat~on that attracts local, regional, and internationa~ v~sitors, and, WI~REAS, d~ring peak haurs, the Th~rd Street Promenade can exper~ence crovu~ds of up to 8,500 pedestnans per block, and, WI-IEREAS, the Gty antic~pates that th~s increase ~n pedestnan traffic whicl~ has occurre~ on the Thtrd Street Promenade ~~~til cont~nue as the Promenade continues to redevelop, and, WHEREAS, the Third Street Prornenade alread~~ attracts more pedestrian traffic than any~ other bus~ness area in the Crty both dunng the day and at mght, and, ~~~REAS, the success of the Third Street Promenade necessitates act~on to avert or reduce r~sks to pedestrians generally and to ~~l~erable members of ~he public includtng children and sen~or citizens ~n particular, and, WHEREAS, the use of bicycles, roller s~Cates, skateboards a~d similar devsces varth wheels m congested pedestr~an-or~ented areas endangers publ~c safety and welfare c~ue to the dtfferences ~n speeds between gedestnans and users of such dev~ces result~ng ~n a great potenttal for senous in~ury, and, I~~IEREAS, when skateboarders lose control of the~r skateboards, the skateboards can becorne fl5~ng pro~ectiles travelmg at substantia~ speeds resulting m a great potential for senous m}ury, and, [~'I~REAS, roller~laders can a~so lose control, particularly those rollerbladers first learn~ng the sport, and, ~ V4'~-~REAS, reckless use of skatehoards and rollerblades an the Th~rd Street Promenade has resulted in ~n~ur~es, and, W~-~EREAS, aithaugh b~cycle usage is already proh~b;ted on the Th~rd Street Promenade sidewalks, given the general congestion of the Third Street Promenade, usage of bicycles in the Promenade roadway can create haxards even when handled properly due to their size, and, WI~REAS, significant numbers of skateboarders utilize the Third Street Promenade, and even the smaller number of rollerbladers and b~cycl~sts on the Th~rd Street Promenade can mtimidate pedestnans, and, WHEREAS, senior c~t~zens are partic~larly~ frzghtened and fearful of being struck by persons on b~cycies, rollerblades, or skateboards, and, V4'HEREAS, the City has recei~•ed substantial numbers of campiaints from shoppers, visitars, commumty gro~ps, and merchants along the Third Street Promenade, and, WHEREAS, publ~c safety reqvires that the use of roller sicates (including in-line roiler skates), skateboards and s~m~lar de~ices with wheels be prohib~ted on the Tturd Street Promenade, and t~at the use of bicycles be prohibrte~ on the Pramenade roadway, ~'HEREAS, Santa l~~on~ca Municipa~ Code 5ections 3 12 590 and 3 12 610 prav~de for the regulat~on or proh~bltion of the use of raIIer skates, skateboards and similar de~ices with wheels at such locations upon the post~n~ of a public notice at the locations to be so regulated ten (10) days m advance of the City Councit meet~ng at wh~ch a resoiution to enact such regulations will be considered, and, WHEREAS, 5anta Mon~ca Munic~pat Code Sect~on 3 12 590 ~s be~ng amended to s~milarly authar,ze the City Counczl to regulate or ~rohibit the use of b~cydes on the Third Street Promenade road~~~ay, and, V4'I~REAS, the reyurred pubi~c nottce has been prom~nently posted aIong the Third Street Pramenade for ten days pnor to th~s Meet~ne informing the public that at the July 2$, 1998 City Council meetin~, the City Counc~l will be cor~s~dermg prahibiting the use of bicycles, skateboards, roller-bIades, ~n-]me skates and sinular dev~ces an the Third Street Promenade, NOW, THEREFQRE THE CITY COUNCIL OF THE CiTY OF SANTA MOIVICA DOES HEREBY RESOLVE AS FOLLOV4'S SECTIQI~T 1 The use of roller skates (including in-]me roller skates}, skateboards and similar dev~ces with wheels ~s prohibited at the following locattons 4n the Third 5treet Promenade between the southeaster~y lme of V~~~Ishire Boulevard and the northwesterly lzne of Arjzana Avenue, between the southeasterly l~ne of Aruona Avenue and the northwesterly line of Santa Manica Baule~ard and between the southeasterly line of Santa I~~onica Boulevard and the narthwesterly l~ne o#'Braadway SECTION 2 The City Parkmg and Traffic En~sneer ~s directed to ~nstal~ s~gnage Q~ving proper nouce of those areas descr~bed heretin wrere the use of rolles skates (-ncludin~ ~n-lsne roller skates) skateboards and s~milar devices ~~it~ wheels is prohibited SECTION 3 The use of bicycles ~s prohibited at the following locations On the Th~rd 5treet Promenade raadway ~etween the southeasterly I~ne of Wilshire Boulevard and the northwesterly line of Anzona Avenue, between the southeasterly line of A~-zzona Avenue and the northwesteriy l~ne of Santa Monica Boulevard and betureen the southeasterly hne of Santa Mon~ca Boulevard and the northwestedy line of Broadway SECTION 4 The C~ty Park~ng and Traffic En~~neer is ~2rected to ~nstall signage ~~ving praper not~ce of those areas described here~n where the use of b~cycles on the Th~rd Street Promenade roadway ~s prohibited after the effect~ve date of Ordinance Number _{CCS) SECTION S The Cit_y Clerk shall cernfy the adoption of this Resalution and thenceforth and thereafter the same shall be ~n full force and effect except as otherwise provided herein Sect~on i of th~s Resolut~on shall ~e ~n full force and effect after the Crty Parking and Traf~'ic Engineer has ~nstalled the signage required by Section 2 of this Resolution ~ection 3 of th~s Resolutian shaii be in full farce and effect after the Crty Parkmg and Traffic Engineer has msta~~ed the si~nage required by Section 4 of this Resolution APPRO~'ED AS TO FOR1~7 r! ~~ »~J1.~s~/~.~'~-G~ MARSHAr~l`TES MOUTRIE Crty Attorney