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: