Loading...
HomeMy Public PortalAboutOrdinance - 01-01 - 20010530 - Land Use RegulationsORDINANCE 01-1 AMENDING ORDINANCE 93-1 ORDINANCE OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING REGULATIONS FOR USE OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS AMENDED May 30, 2001 Be it ordained by the Board of Directors of the Midpeninsula Regional Open Space District as follows: Section 1 Findings. A. The Board of Directors hereby finds that adoption of this Ordinance is necessary for the proper administration, government, protection, and use of District Lands, and is both necessary and appropriate for the safe use of District Lands by bicyclists. B. The Board of Directors further finds that, due to the rugged, remote, and unpaved character of the District's bicycle trails, and due to the character of bicycle use on District Lands which is off -road mountain bicycling, which has been deemed by the State Legislature in Government Code Section 831.7 to be a hazardous recreational activity, and which has risks which differ significantly from bicycling on public roads, streets, highways, and bikeways, this Ordinance is necessary and appropriate to address these particular local conditions which exist on District Lands. C. The Board of Directors finds that in its experience there is a history of a significant number of injuries to bicyclists on District Lands and that wearing bicycle helmets significantly avoids or reduces the severity of injuries to bicyclists on District Lands. D. The Board of Directors finds that wearing helmets greatly reduces the severity of bicycle injuries on District Lands, reduces the need for the District to provide emergency services, and reduces risks of the District's legal liability from bicycle accidents. The District has a legitimate and significant interest in protecting the safety of bicyclists on District Lands, in reducing the demands upon its emergency services, and in protecting against the economic costs of legal liability. E. The Board of Directors finds that the aforementioned health, safety, and fiscal benefits to the District and its constituents are significant and greatly outweigh any minor burden on adult cyclists who may be required to wear a helmet when bicycling on District Lands. The District also finds this burden is very minor as District trails, unlike public streets, highways, bikeways, or even urban parks, are not regional transit routes, but rather typically destination points for mountain bicyclists who generally drive to District preserves to mountain bike in remote areas and then return by car or other transportation to their homes. F. The Board of Directors finds that this Ordinance is necessary and appropriate to address the particular and local concerns of the Midpeninsula Regional Open Space District arising from bicycling on trails on District Lands, and further that this Ordinance serves a separate and independent purpose from Vehicle Code Section 21212(a). Page 2 Pete Siemens President, Board of Directors Section 2 Section 502.3 of Ordinance 93-1 is amended as follows: 502.3 Helmets No person eighteen years or older shall operate a bicycle upon District Lands unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standard), the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard). Section 3 A copy of this Ordinance shall be published at least once, within 30 days of adoption, in a newspaper of general circulation printed, published, and circulated in the District, and shall be effective from and after June 8, 2001. The foregoing ordinance was adopted at the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District held on May 30, 2001 by the following vote: AYES: P. Siemevi4, N. Han!ao, K. NLtz, M. Davey, D. L,i 2e, J. Cpt, L. Haz�ett NOES: none ABSENT: none ABSTAIN: none Attest: isa Zadek Acting District Clerk Susan M. Schectman General Counsel Ar Aunroved as to form: