Police Retool Speeding Law for Skaters, Bicyclists

For years it has been a problem for pedestrians on the oceanfront sidewalks here.

Skaters, skateboarders and bicyclists frequently whiz by, occasionally hitting and injuring pedestrians.

To cope with the problem, the Police Department decided in June to use radar to catch skaters and bicyclists as they exceeded the 5-m.p.h. speed limit along the beach.

But officers ran into a problem: The city’s speed law was based on motor vehicles and had penalties too severe for skaters and bicyclists: a fine of up to $500 and three months in jail. The law also required a court appearance for anyone cited--even if the skater or cyclist was going just 1 m.p.h. more than the speed limit.

Police therefore issued only citations, not tickets, this summer to speeders on the beach sidewalks, said Lt. Ed McErlain, police spokesman.

Now, however, the City Council is amending the ordinance to adapt it to bicycles. At the council’s Sept. 16 meeting, the proposed change was introduced and approved, 7-0, with final consideration scheduled Monday night. The new law would go into effect in early November.

The amended ordinance would allow police to fine, but not jail, speeding bicyclists, skaters and skateboarders. The fine would be based on the existing uniform bail schedule for speeders used by Municipal Court in Westminster. That schedule provides for fines ranging from $28 up to $264, based on how much the speed limit is exceeded.

The ordinance would not require a court appearance for bicyclists, skaters and skateboarders; they could simply pay the fine.

Police Chief Ronald E. Lowenberg, in a memo to the council, backed the change.

“The punishment of a fine of not more than $500, or imprisonment not to exceed three months, or both, is excessive and not equitable,” Lowenberg said.

The existing law made convicted bicyclists and skaters guilty of a misdemeanor. “It is anticipated that if it remains classified as a misdemeanor,” Lowenberg said, “violators will contest the charge, due to the stigma of having a misdemeanor conviction on their record. There would be more jury trials, and a public defender and prosecutor would have to be appointed” for each case.

The city’s new law would make speeding on the beach an infraction--a lesser offense than a misdemeanor.

Lt. McErlain said officers theoretically could use radar at the beach at any time after the new ordinance takes effect in November. But he said police realistically will not use radar at the beach during the low-attendance fall and winter months.

“We’ll probably be using radar when the crowds get big again, such as around Easter break next year,” he said.